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Official
Regulatory Freeze Pending Review
The President has asked me to communicate to each of you his plan for managing the Federal regulatory process at the outset of his Administration. In order to ensure that the President’s appointees or designees have the opportunity to review any new or pending rules, at the direction of the President, I ask that you immediately take the following steps:
1. Subject to any exceptions the Director of the Office of Management and Budget (the “OMB Director”) allows for emergency situations or other urgent circumstances relating to health, safety, environmental, financial, or national security matters, or otherwise, propose or issue no rule in any manner — including by sending a rule to the Office of the Federal Register (the “OFR”) — until a department or agency head appointed or designated by the President after noon on January 20, 2021, reviews and approves the rule. The department or agency head may delegate this power of review and approval to any other person so appointed or designated by the President, consistent with applicable law.
2. With respect to rules that have been sent to the OFR but not published in the Federal Register, immediately withdraw them from the OFR for review and approval as described in paragraph 1, subject to the exceptions described in paragraph 1. This withdrawal must be conducted consistent with OFR procedures.
3. With respect to rules that have been published in the Federal Register, or rules that have been issued in any manner, but have not taken effect, consider postponing the rules’ effective dates for 60 days from the date of this memorandum, consistent with applicable law and subject to the exceptions described in paragraph 1, for the purpose of reviewing any questions of fact, law, and policy the rules may raise. For rules postponed in this manner, during the 60-day period, where appropriate and consistent with applicable law, consider opening a 30-day comment period to allow interested parties to provide comments about issues of fact, law, and policy raised by those rules, and consider pending petitions for reconsideration involving such rules. As appropriate and consistent with applicable law, and where necessary to continue to review these questions of fact, law, and policy, consider further delaying, or publishing for notice and comment proposed rules further delaying, such rules beyond the 60-day period. Following the 60-day delay in effective date:
a. for those rules that raise no substantial questions of fact, law, or policy, no further action needs to be taken; and
b. for those rules that raise substantial questions of fact, law, or policy, agencies should notify the OMB Director and take further appropriate action in consultation with the OMB Director.
4. Subject to any exceptions the Director of the Office of Management and Budget (the “OMB Director”) allows for emergency situations or other urgent circumstances relating to health, safety, environmental, financial, or national security matters, or otherwise, propose or issue no rule in any manner — including by sending a rule to the Office of the Federal Register (the “OFR”) — until a department or agency head appointed or designated by the President after noon on January 20, 2021, reviews and approves the rule. The department or agency head may delegate this power of review and approval to any other person so appointed or designated by the President, consistent with applicable law.
5. With respect to rules that have been sent to the OFR but not published in the Federal Register, immediately withdraw them from the OFR for review and approval as described in paragraph 1, subject to the exceptions described in paragraph 1. This withdrawal must be conducted consistent with OFR procedures.
6. With respect to rules that have been published in the Federal Register, or rules that have been issued in any manner, but have not taken effect, consider postponing the rules’ effective dates for 60 days from the date of this memorandum, consistent with applicable law and subject to the exceptions described in paragraph 1, for the purpose of reviewing any questions of fact, law, and policy the rules may raise. For rules postponed in this manner, during the 60-day period, where appropriate and consistent with applicable law, consider opening a 30-day comment period to allow interested parties to provide comments about issues of fact, law, and policy raised by those rules, and consider pending petitions for reconsideration involving such rules. As appropriate and consistent with applicable law, and where necessary to continue to review these questions of fact, law, and policy, consider further delaying, or publishing for notice and comment proposed rules further delaying, such rules beyond the 60-day period. Following the 60-day delay in effective date:
a. for those rules that raise no substantial questions of fact, law, or policy, no further action needs to be taken; and
b. for those rules that raise substantial questions of fact, law, or policy, agencies should notify the OMB Director and take further appropriate action in consultation with the OMB Director.
As used in this memorandum, “rule” has the definition set forth in section 551(4), title 5, United States Code. It also includes any “regulatory action,” as defined in section 3(e) of Executive Order 12866 of September 30, 1993, as amended, and any “guidance document” as defined in section 3(g) of Executive Order 13422 of January 18, 2007, when that order was in effect. Thus, the requirements of this memorandum apply not only to “rules” as defined in section 551(4) of title 5, but also to:
a. any substantive action by an agency (normally published in the Federal Register) that promulgates or is expected to lead to the promulgation of a final rule or regulation, including notices of inquiry, advance notices of proposed rulemaking, and notices of proposed rulemaking; and
b. any agency statement of general applicability and future effect that sets forth a policy on a statutory, regulatory, or technical issue or an interpretation of a statutory or regulatory issue.
The OMB Director will implement this regulatory review, and any communications regarding any matters pertaining to this review should be addressed to the OMB Director. The OMB Director is also authorized to establish a process to review pending collections of information under the Paperwork Reduction Act of 1995, as codified in chapter 35, title 44, United States Code, and to take actions that the OMB Director deems appropriate based on that review, consistent with applicable law.
Should actions be identified that were undertaken before noon on January 20, 2021, to frustrate the purpose underlying this memorandum, I may modify or extend this memorandum, pursuant to the direction of the President, to request that agency heads consider taking steps to address those actions.
The OMB Director is authorized and directed to publish this memorandum in the Federal Register.
Semolina comes from wheat
Stock market dives tomorrow, better be there when it opens!
Official
A National Day of Unity
A PROCLAMATION
I am humbled before God and my fellow Americans to take the sacred oath of President of our beloved country. Today, we celebrate the triumph of democracy after an election that saw more Americans voting than ever before in our Nation’s history, and where the will of the people has been heard and heeded.
We do so at a moment of great peril and promise for our Nation. A once-in-a-century deadly pandemic. A historic and deepening economic crisis. Calls for racial justice some 400 years in the making. A climate crisis with force and fury. We also feel the rise in political extremism and domestic terrorism — unleashed just days ago on our Capitol, the citadel of freedom, but brewing long before — that we must confront and defeat.
Yet in this dire moment, democracy prevailed. On this day, we set our sights on the Nation we know we can and must be. I am honored to do so alongside Vice President Kamala Harris, the first woman who has taken the oath to serve in elected national office, and who will not be the last. Together, we know that to overcome the challenges before all of us, to restore the soul of America, requires the beating heart of a democracy: Unity.
With unity, we can save lives and beat this pandemic. We can build our economy back better and include everyone. We can right wrongs and root out systemic racism in our country. We can confront the climate crisis with American jobs and ingenuity. We can protect our democracy by seeing each other not as adversaries but as fellow Americans. For the world to see, with unity we can lead not just by the example of our power, but by the power of our example.
As we start the hard work to be done, I pray this moment gives us the strength to rebuild this house of ours upon a rock that can never be washed away. And, as in the Prayer of St. Francis, for where there is discord, union; where there is doubt, faith, where there is darkness, light.
On this Inauguration Day I swear an oath to be a President for all Americans and ask every American to join me in this cause of democracy. May this be the story that unites us as fellow Americans and as the United States of America.
NOW, THEREFORE, I, JOSEPH R. BIDEN JR., President of the United States of America, by the authority vested in me by the Constitution and the laws of the United States, do hereby proclaim January 20, 2021, a National Day of Unity and call upon the people of our Nation to join together and write the next story of our democracy — an American story of decency and dignity, of love and of healing, and of greatness and of goodness.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of January, in the year of our Lord two thousand twenty-one, and of the Independence of the United States of America the two hundred and forty-fifth.
JOSEPH R. BIDEN JR.
Official
Inaugural Address by President Joseph R. Biden, Jr.
This is America’s day.
This is democracy’s day.
A day of history and hope.
Of renewal and resolve.
Through a crucible for the ages America has been tested anew and America has risen to the challenge.
Today, we celebrate the triumph not of a candidate, but of a cause, the cause of democracy.
The will of the people has been heard and the will of the people has been heeded.
We have learned again that democracy is precious.
Democracy is fragile.
And at this hour, my friends, democracy has prevailed.
So now, on this hallowed ground where just days ago violence sought to shake this Capitol’s very foundation, we come together as one nation, under God, indivisible, to carry out the peaceful transfer of power as we have for more than two centuries.
We look ahead in our uniquely American way – restless, bold, optimistic – and set our sights on the nation we know we can be and we must be.
I thank my predecessors of both parties for their presence here.
I thank them from the bottom of my heart.
You know the resilience of our Constitution and the strength of our nation.
As does President Carter, who I spoke to last night but who cannot be with us today, but whom we salute for his lifetime of service.
I have just taken the sacred oath each of these patriots took — an oath first sworn by George Washington.
But the American story depends not on any one of us, not on some of us, but on all of us.
On “We the People” who seek a more perfect Union.
This is a great nation and we are a good people.
Over the centuries through storm and strife, in peace and in war, we have come so far. But we still have far to go.
We will press forward with speed and urgency, for we have much to do in this winter of peril and possibility.
Much to repair.
Much to restore.
Much to heal.
Much to build.
And much to gain.
Few periods in our nation’s history have been more challenging or difficult than the one we’re in now.
A once-in-a-century virus silently stalks the country.
It’s taken as many lives in one year as America lost in all of World War II.
Millions of jobs have been lost.
Hundreds of thousands of businesses closed.
A cry for racial justice some 400 years in the making moves us. The dream of justice for all will be deferred no longer.
A cry for survival comes from the planet itself. A cry that can’t be any more desperate or any more clear.
And now, a rise in political extremism, white supremacy, domestic terrorism that we must confront and we will defeat.
To overcome these challenges – to restore the soul and to secure the future of America – requires more than words.
It requires that most elusive of things in a democracy:
Unity.
Unity.
In another January in Washington, on New Year’s Day 1863, Abraham Lincoln signed the Emancipation Proclamation.
When he put pen to paper, the President said, “If my name ever goes down into history it will be for this act and my whole soul is in it.”
My whole soul is in it.
Today, on this January day, my whole soul is in this:
Bringing America together.
Uniting our people.
And uniting our nation.
I ask every American to join me in this cause.
Uniting to fight the common foes we face:
Anger, resentment, hatred.
Extremism, lawlessness, violence.
Disease, joblessness, hopelessness.
With unity we can do great things. Important things.
We can right wrongs.
We can put people to work in good jobs.
We can teach our children in safe schools.
We can overcome this deadly virus.
We can reward work, rebuild the middle class, and make health care
secure for all.
We can deliver racial justice.
We can make America, once again, the leading force for good in the world.
I know speaking of unity can sound to some like a foolish fantasy.
I know the forces that divide us are deep and they are real.
But I also know they are not new.
Our history has been a constant struggle between the American ideal that we are all created equal and the harsh, ugly reality that racism, nativism, fear, and demonization have long torn us apart.
The battle is perennial.
Victory is never assured.
Through the Civil War, the Great Depression, World War, 9/11, through struggle, sacrifice, and setbacks, our “better angels” have always prevailed.
In each of these moments, enough of us came together to carry all of us forward.
And, we can do so now.
History, faith, and reason show the way, the way of unity.
We can see each other not as adversaries but as neighbors.
We can treat each other with dignity and respect.
We can join forces, stop the shouting, and lower the temperature.
For without unity, there is no peace, only bitterness and fury.
No progress, only exhausting outrage.
No nation, only a state of chaos.
This is our historic moment of crisis and challenge, and unity is the path forward.
And, we must meet this moment as the United States of America.
If we do that, I guarantee you, we will not fail.
We have never, ever, ever failed in America when we have acted together.
And so today, at this time and in this place, let us start afresh.
All of us.
Let us listen to one another.
Hear one another.
See one another.
Show respect to one another.
Politics need not be a raging fire destroying everything in its path.
Every disagreement doesn’t have to be a cause for total war.
And, we must reject a culture in which facts themselves are manipulated and even manufactured.
My fellow Americans, we have to be different than this.
America has to be better than this.
And, I believe America is better than this.
Just look around.
Here we stand, in the shadow of a Capitol dome that was completed amid the Civil War, when the Union itself hung in the balance.
Yet we endured and we prevailed.
Here we stand looking out to the great Mall where Dr. King spoke of his dream.
Here we stand, where 108 years ago at another inaugural, thousands of protestors tried to block brave women from marching for the right to vote.
Today, we mark the swearing-in of the first woman in American history elected to national office – Vice President Kamala Harris.
Don’t tell me things can’t change.
Here we stand across the Potomac from Arlington National Cemetery, where heroes who gave the last full measure of devotion rest in eternal peace.
And here we stand, just days after a riotous mob thought they could use violence to silence the will of the people, to stop the work of our democracy, and to drive us from this sacred ground.
That did not happen.
It will never happen.
Not today.
Not tomorrow.
Not ever.
To all those who supported our campaign I am humbled by the faith you have placed in us.
To all those who did not support us, let me say this: Hear me out as we move forward. Take a measure of me and my heart.
And if you still disagree, so be it.
That’s democracy. That’s America. The right to dissent peaceably, within the guardrails of our Republic, is perhaps our nation’s greatest strength.
Yet hear me clearly: Disagreement must not lead to disunion.
And I pledge this to you: I will be a President for all Americans.
I will fight as hard for those who did not support me as for those who did.
Many centuries ago, Saint Augustine, a saint of my church, wrote that a people was a multitude defined by the common objects of their love.
What are the common objects we love that define us as Americans?
I think I know.
Opportunity.
Security.
Liberty.
Dignity.
Respect.
Honor.
And, yes, the truth.
Recent weeks and months have taught us a painful lesson.
There is truth and there are lies.
Lies told for power and for profit.
And each of us has a duty and responsibility, as citizens, as Americans, and especially as leaders – leaders who have pledged to honor our Constitution and protect our nation — to defend the truth and to defeat the lies.
I understand that many Americans view the future with some fear and trepidation.
I understand they worry about their jobs, about taking care of their families, about what comes next.
I get it.
But the answer is not to turn inward, to retreat into competing factions, distrusting those who don’t look like you do, or worship the way you do, or don’t get their news from the same sources you do.
We must end this uncivil war that pits red against blue, rural versus urban, conservative versus liberal.
We can do this if we open our souls instead of hardening our hearts.
If we show a little tolerance and humility.
If we’re willing to stand in the other person’s shoes just for a moment.
Because here is the thing about life: There is no accounting for what fate will deal you.
There are some days when we need a hand.
There are other days when we’re called on to lend one.
That is how we must be with one another.
And, if we are this way, our country will be stronger, more prosperous, more ready for the future.
My fellow Americans, in the work ahead of us, we will need each other.
We will need all our strength to persevere through this dark winter.
We are entering what may well be the toughest and deadliest period of the virus.
We must set aside the politics and finally face this pandemic as one nation.
I promise you this: as the Bible says weeping may endure for a night but joy cometh in the morning.
We will get through this, together
The world is watching today.
So here is my message to those beyond our borders: America has been tested and we have come out stronger for it.
We will repair our alliances and engage with the world once again.
Not to meet yesterday’s challenges, but today’s and tomorrow’s.
We will lead not merely by the example of our power but by the power of our example.
We will be a strong and trusted partner for peace, progress, and security.
We have been through so much in this nation.
And, in my first act as President, I would like to ask you to join me in a moment of silent prayer to remember all those we lost this past year to the pandemic.
To those 400,000 fellow Americans – mothers and fathers, husbands and wives, sons and daughters, friends, neighbors, and co-workers.
We will honor them by becoming the people and nation we know we can and should be.
Let us say a silent prayer for those who lost their lives, for those they left behind, and for our country.
Amen.
This is a time of testing.
We face an attack on democracy and on truth.
A raging virus.
Growing inequity.
The sting of systemic racism.
A climate in crisis.
America’s role in the world.
Any one of these would be enough to challenge us in profound ways.
But the fact is we face them all at once, presenting this nation with the gravest of responsibilities.
Now we must step up.
All of us.
It is a time for boldness, for there is so much to do.
And, this is certain.
We will be judged, you and I, for how we resolve the cascading crises of our era.
Will we rise to the occasion?
Will we master this rare and difficult hour?
Will we meet our obligations and pass along a new and better world for our children?
I believe we must and I believe we will.
And when we do, we will write the next chapter in the American story.
It’s a story that might sound something like a song that means a lot to me.
It’s called “American Anthem” and there is one verse stands out for me:
“The work and prayers
of centuries have brought us to this day
What shall be our legacy?
What will our children say?…
Let me know in my heart
When my days are through
America
America
I gave my best to you.”
Let us add our own work and prayers to the unfolding story of our nation.
If we do this then when our days are through our children and our children’s children will say of us they gave their best.
They did their duty.
They healed a broken land.
My fellow Americans, I close today where I began, with a sacred oath.
Before God and all of you I give you my word.
I will always level with you.
I will defend the Constitution.
I will defend our democracy.
I will defend America.
I will give my all in your service thinking not of power, but of possibilities.
Not of personal interest, but of the public good.
And together, we shall write an American story of hope, not fear.
Of unity, not division.
Of light, not darkness.
An American story of decency and dignity.
Of love and of healing.
Of greatness and of goodness.
May this be the story that guides us.
The story that inspires us.
The story that tells ages yet to come that we answered the call of history.
We met the moment.
That democracy and hope, truth and justice, did not die on our watch but thrived.
That our America secured liberty at home and stood once again as a beacon to the world.
That is what we owe our forebearers, one another, and generations to follow.
So, with purpose and resolve we turn to the tasks of our time.
Sustained by faith.
Driven by conviction.
And, devoted to one another and to this country we love with all our hearts.
May God bless America and may God protect our troops.
Thank you, America.
Official
Modernizing Regulatory Review
Section 1. Background. For nearly four decades, the Office of Information and Regulatory Affairs (OIRA) in the Office of Management and Budget (OMB) has been charged by Presidents of both parties with reviewing significant executive branch regulatory actions. This process is largely governed by Executive Order 12866 of September 30, 1993 (Regulatory Planning and Review), as amended. This memorandum reaffirms the basic principles set forth in that order and in Executive Order 13563 of January 18, 2011 (Improving Regulation and Regulatory Review), which took important steps towards modernizing the regulatory review process. When carried out properly, that process can help to advance regulatory policies that improve the lives of the American people.
Our Nation today faces serious challenges, including a massive global pandemic; a major economic downturn; systemic racial inequality; and the undeniable reality and accelerating threat of climate change. It is the policy of my Administration to mobilize the power of the Federal Government to rebuild our Nation and address these and other challenges. As we do so, it is important that we evaluate the processes and principles that govern regulatory review to ensure swift and effective Federal action. Regulations that promote the public interest are vital for tackling national priorities.
Sec. 2. Implementation. (a) I therefore direct the Director of OMB, in consultation with representatives of executive departments and agencies (agencies), as appropriate and as soon as practicable, to begin a process with the goal of producing a set of recommendations for improving and modernizing regulatory review. These recommendations should provide concrete suggestions on how the regulatory review process can promote public health and safety, economic growth, social welfare, racial justice, environmental stewardship, human dignity, equity, and the interests of future generations. The recommendations should also include proposals that would ensure that regulatory review serves as a tool to affirmatively promote regulations that advance these values. These recommendations should be informed by public engagement with relevant stakeholders.
(b) In particular, the recommendations should:
(i) identify ways to modernize and improve the regulatory review process, including through revisions to OMB’s Circular A-4, Regulatory Analysis, 68 Fed. Reg. 58,366 (Oct. 9, 2003), to ensure that the review process promotes policies that reflect new developments in scientific and economic understanding, fully accounts for regulatory benefits that are difficult or impossible to quantify, and does not have harmful anti-regulatory or deregulatory effects;
(ii) propose procedures that take into account the distributional consequences of regulations, including as part of any quantitative or qualitative analysis of the costs and benefits of regulations, to ensure that regulatory initiatives appropriately benefit and do not inappropriately burden disadvantaged, vulnerable, or marginalized communities;
(iii) consider ways that OIRA can play a more proactive role in partnering with agencies to explore, promote, and undertake regulatory initiatives that are likely to yield significant benefits; and
(iv) identify reforms that will promote the efficiency, transparency, and inclusiveness of the interagency review process, and determine an appropriate approach with respect to the review of guidance documents.
Sec. 3. 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) 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.
(d) The Director of OMB is authorized and directed to publish this memorandum in the Federal Register.
JOSEPH R. BIDEN JR.
Bag On My Head
Gender Identity.
Anonymity is priceless!
Semolina comes from wheat
Legina Sock.Originally Posted by The Anonymous
Gender Identity.
PostmodernProphet (01-20-2021)
Official
President Biden will deliver bold action and immediate relief for American families as the country grapples with converging crises.
This will include actions to control the COVID-19 pandemic, provide economic relief, tackle climate change, and advance racial equity and civil rights, as well as immediate actions to reform our immigration system and restore America’s standing in the world.
President Biden will take swift action to tackle the climate emergency. The Biden Administration will ensure we meet the demands of science, while empowering American workers and businesses to lead a clean energy revolution.
The promise of our nation is that every American has an equal chance to get ahead, yet persistent systemic racism and barriers to opportunity have denied this promise for so many. President Biden is putting equity at the center of the agenda with a whole of government approach to embed racial justice across Federal agencies, policies, and programs. President Biden will take bold action to advance a comprehensive equity agenda to deliver criminal justice reform, end disparities in healthcare access and education, strengthen fair housing, and restore Federal respect for Tribal sovereignty, among other actions, so that everyone across America has the opportunity to fulfill their potential.
President Biden will take bold steps to address the inequities in our economy and provide relief to those who are struggling during the COVID-19 pandemic. The President will also work with Congress to pass the American Rescue Plan to change the course of the pandemic, build a bridge towards economic recovery, and invest in racial justice. And, he will build our economy back better from the pandemic and create millions of jobs by strengthening small businesses and investing in the jobs of the future.
President Biden will make a renewed commitment to protect and expand Americans’ access to quality, affordable health care. He will build on the Affordable Care Act to meet the health care needs created by the pandemic, reduce health care costs, and make our health care system less complex to navigate.
President Biden will reform our long-broken and chaotic immigration system. President Biden’s strategy is centered on the basic premise that our country is safer, stronger, and more prosperous with a fair and orderly immigration system that welcomes immigrants, keeps families together, and allows people across the country—both newly arrived immigrants and people who have lived here for generations—to more fully contribute to our country.
President Biden will take steps to restore America’s standing in the world, strengthening the U.S. national security workforce, rebuilding democratic alliances across the globe, championing America’s values and human rights, and equipping the American middle class to succeed in a global economy.
Official
Executive Order on Ethic Commitments by Executive Branch Personnel
Section 1. Ethics Pledge. Every appointee in every executive agency appointed on or after January 20, 2021, shall sign, and upon signing shall be contractually committed to, the following pledge upon becoming an appointee:
“I recognize that this pledge is part of a broader ethics in government plan designed to restore and maintain public trust in government, and I commit myself to conduct consistent with that plan. I commit to decision-making on the merits and exclusively in the public interest, without regard to private gain or personal benefit. I commit to conduct that upholds the independence of law enforcement and precludes improper interference with investigative or prosecutorial decisions of the Department of Justice. I commit to ethical choices of post-Government employment that do not raise the appearance that I have used my Government service for private gain, including by using confidential information acquired and relationships established for the benefit of future clients.
“Accordingly, as a condition, and in consideration, of my employment in the United States Government in a 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. Lobbyist Gift Ban. I will not accept gifts from registered lobbyists or lobbying organizations for the duration of my service as an appointee.
“2. Revolving Door Ban — All Appointees Entering Government. 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.
“3. Revolving Door Ban — Lobbyists and Registered Agents Entering Government. If I was registered under the Lobbying Disclosure Act, 2 U.S.C. 1601 et seq., or the Foreign Agents Registration Act (FARA), 22 U.S.C. 611 et seq., within the 2 years before the date of my appointment, in addition to abiding by the limitations of paragraph 2, I will not for a period of 2 years after the date of my appointment:
(a) participate in any particular matter on which I lobbied, or engaged in registrable activity under FARA, within the 2 years before the date of my appointment;
(b) participate in the specific issue area in which that particular matter falls; or
(c) seek or accept employment with any executive agency with respect to which I lobbied, or engaged in registrable activity under FARA, within the 2 years before the date of my appointment.
“4. Revolving Door Ban — Appointees Leaving Government. 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, and its implementing regulations, I agree that I will abide by those restrictions for a period of 2 years following the end of my appointment. I will abide by these same restrictions with respect to communicating with the senior White House staff.
“5. Revolving Door Ban — Senior and Very Senior Appointees Leaving Government. If, upon my departure from the Government, I am covered by the post-employment restrictions set forth in sections 207(c) or 207(d) of title 18, United States Code, and those sections’ implementing regulations, I agree that, in addition, for a period of 1 year following the end of my appointment, I will not materially assist others in making communications or appearances that I am prohibited from undertaking myself by (a) holding myself out as being available to engage in lobbying activities in support of any such communications or appearances; or (b) engaging in any such lobbying activities.
“6. Revolving Door Ban — Appointees Leaving Government to Lobby. In addition to abiding by the limitations of paragraph 4, I also agree, upon leaving Government service, not to lobby any covered executive branch official or non-career Senior Executive Service appointee, or engage in any activity on behalf of any foreign government or foreign political party which, were it undertaken on January 20, 2021, would require that I register under FARA, for the remainder of the Administration or 2 years following the end of my appointment, whichever is later.
“7. Golden Parachute Ban. I have not accepted and will not accept, including after entering Government, any salary or other cash payment from my former employer the eligibility for and payment of which is limited to individuals accepting a position in the United States Government. I also have not accepted and will not accept any non-cash benefit from my former employer that is provided in lieu of such a prohibited cash payment.
“8. Employment Qualification Commitment. I agree that any hiring or other employment decisions I make will be based on the candidate’s qualifications, competence, and experience.
“9. Assent to Enforcement. I acknowledge that the Executive Order entitled ‘Ethics Commitments by Executive Branch Personnel,’ issued by the President on January 20, 2021, which I have read before signing this document, defines certain of the 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 terms of this pledge are in addition to any statutory or other legal restrictions applicable to me by virtue of Federal Government service.”
Sec. 2. Definitions. For purposes of this order and the pledge set forth in section 1 of this order:
(a) “Executive agency” shall include each “executive agency” as defined by section 105 of title 5, United States Code, and shall include the Executive Office of the President; provided, however, that “executive agency” shall include the United States Postal Service and Postal Regulatory Commission, but shall exclude the Government Accountability Office.
(b) “Appointee” shall include 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) “Gift”:
(i) shall have the definition set forth in section 2635.203(b) of title 5, Code of Federal Regulations;
(ii) shall include gifts that are solicited or accepted indirectly, as defined in section 2635.203(f) of title 5, Code of Federal Regulations; and
(iii) shall exclude those items excluded by sections 2635.204(b), (c), (e)(1) and (3), and (j) through (l) of title 5, Code of Federal Regulations.
(d) “Covered executive branch official” and “lobbyist” shall have the definitions set forth in section 1602 of title 2, United States Code.
(e) “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.
(f) “Lobby” and “lobbied” shall mean to act or have acted as a registered lobbyist.
(g) “Lobbying activities” shall have the definition set forth in section 1602 of title 2, United States Code.
(h) “Materially assist” means to provide substantive assistance but does not include providing background or general education on a matter of law or policy based upon an individual’s subject matter expertise, nor any conduct or assistance permitted under section 207(j) of title 18, United States Code.
(i) “Particular matter” shall have the same meaning as set forth in section 207 of title 18, United States Code, and section 2635.402(b)(3) of title 5, Code of Federal Regulations.
(j) “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.
(k) “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, any United States territory or possession, or any international organization in which the United States is a member state.
(l) “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 speeches or similar appearances. It does not include clients of the appointee’s former employer to whom the appointee did not personally provide services.
(m) “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.
(n) “Participate” means to participate personally and substantially.
(o) “Government official” means any employee of the executive branch.
(p) “Administration” means all terms of office of the incumbent President serving at the time of the appointment of an appointee covered by this order.
(q) “Pledge” means the ethics pledge set forth in section 1 of this order.
(r) “Senior White House staff” means any person appointed by the President to a position under sections 105(a)(2)(A) or (B) of title 3, United States Code, or by the Vice President to a position under sections 106(a)(1)(A) or (B) of title 3.
(s) All references to provisions of law and regulations shall refer to such provisions as are in effect on January 20, 2021.
Sec. 3. Waiver. (a) The Director of the Office of Management and Budget (OMB), in consultation with the Counsel to the President, may grant to any current or former appointee a written waiver of any restrictions contained in the pledge signed by such appointee if, and to the extent that, the Director of OMB certifies in writing:
(i) that the literal application of the restriction is inconsistent with the purposes of the restriction; or
(ii) that it is in the public interest to grant the waiver. Any such written waiver should reflect the basis for the waiver and, in the case of a waiver of the restrictions set forth in paragraphs 3(b) and (c) of the pledge, a discussion of the findings with respect to the factors set forth in subsection (b) of this section.
(b) A waiver shall take effect when the certification is signed by the Director of OMB and shall be made public within 10 days thereafter.
(c) The public interest shall include, but not be limited to, exigent circumstances relating to national security, the economy, public health, or the environment. In determining whether it is in the public interest to grant a waiver of the restrictions contained in paragraphs 3(b) and (c) of the pledge, the responsible official may consider the following factors:
(i) the government’s need for the individual’s services, including the existence of special circumstances related to national security, the economy, public health, or the environment;
(ii) the uniqueness of the individual’s qualifications to meet the government’s needs;
(iii) the scope and nature of the individual’s prior lobbying activities, including whether such activities were de minimis or rendered on behalf of a nonprofit organization; and
(iv) the extent to which the purposes of the restriction may be satisfied through other limitations on the individual’s services, such as those required by paragraph 3(a) of the pledge.
Sec. 4. Administration. (a) The head of every executive agency shall, in consultation with the Director of the Office of Government Ethics, establish 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 to ensure:
(i) that every appointee in the agency signs the pledge upon assuming the appointed office or otherwise becoming an appointee;
(ii) that compliance with paragraph 3 of the pledge is addressed in a written ethics agreement with each appointee to whom it applies, which agreement shall also be approved by the Counsel to the President prior to the appointee commencing work;
(iii) that spousal employment issues and other conflicts not expressly addressed by the pledge are addressed in ethics agreements with appointees or, where no such agreements are required, through ethics counseling; and
(iv) that the agency generally complies with this order.
(b) With respect to the Executive Office of the President, the duties set forth in section 4(a) of this order shall be the responsibility of the Counsel to the President.
(c) The Director of the Office of Government Ethics shall:
(i) ensure that the pledge and a copy of this order are made available for use by agencies in fulfilling their duties under section 4(a) of this order;
(ii) in consultation with the Attorney General or the 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
(iii) in consultation with the Attorney General and the Counsel to the President, adopt such rules or procedures as are necessary or appropriate:
(A) to carry out the foregoing responsibilities;
(B) to authorize limited exceptions to the lobbyist gift ban for circumstances that do not implicate the purposes of the ban;
(C) 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;
(D) to ensure that existing rules and procedures for Government employees engaged in negotiations for future employment with private businesses that are affected by the employees’ official actions do not affect the integrity of the Government’s programs and operations;
(E) to ensure, in consultation with the Director of the Office of Personnel Management, that the requirement set forth in paragraph 6 of the pledge is honored by every employee of the executive branch;
(iv) in consultation with the Director of OMB, report to the President on whether full compliance is being achieved with existing laws and regulations governing executive branch procurement lobbying disclosure. This report shall include recommendations on steps the executive branch can take to expand, to the fullest extent practicable, disclosure of both executive branch procurement lobbying and of lobbying for Presidential pardons. These recommendations shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation; and
(v) provide an annual public report on the administration of the pledge and this order.
(d) The Director of the Office of Government Ethics shall, in consultation with the Attorney General, the Counsel to the President, and the Director of the Office of Personnel Management, report to the President on steps the executive branch can take to expand to the fullest extent practicable the revolving door ban set forth in paragraph 5 of the pledge to all executive branch employees who are involved in the procurement process such that they may not for 2 years after leaving Government service lobby any Government official regarding a Government contract that was under their official responsibility in the last 2 years of their Government service. This report shall include both immediate actions the executive branch can take and, if necessary, recommendations for legislation.
(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 pursuant to this section by any legally available means, including debarment proceedings within any affected executive agency or judicial civil 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 lobbying any officer or employee of that agency for up to 5 years in addition to the 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 procedures shall include (but not be limited to) providing for fact-finding and investigation of possible violations of this order and for referrals to the Attorney General for consideration pursuant to subsection (c) of this order.
(c) The Attorney General is authorized:
(i) 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
(ii) 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 against the former employee in any United States District Court with jurisdiction to consider the matter.
(d) In any such civil action, the Attorney General is authorized to request any and all relief authorized by law, including but not limited to:
(i) such temporary restraining orders and preliminary and permanent injunctions as may be appropriate to restrain future, recurring, or continuing conduct by the former employee in breach of the commitments in the pledge he or she signed; and
(ii) 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 employee arising out of any breach or attempted breach of the pledge signed by the former employee.
Sec. 6. General Provisions. (a) 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.
(b) 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.
(c) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(d) 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.
JOSEPH R. BIDEN JR.
Official
President Biden believes that the federal government must act swiftly and aggressively to help protect and support our families, small businesses, first responders, and caregivers essential to help us face this challenge, those who are most vulnerable to health and economic impacts, and our broader communities – not to blame others or bail out corporations.
The Biden-Harris administration will always:
Listen to science
Ensure public health decisions are informed by public health professionals
Promote trust, transparency, common purpose, and accountability in our government
President Biden and Vice President Harris have a seven-point plan to beat COVID-19.
Ensure all Americans have access to regular, reliable, and free testing.
Double the number of drive-through testing sites.
Invest in next-generation testing, including at home tests and instant tests, so we can scale up our testing capacity by orders of magnitude.
Stand up a Pandemic Testing Board like Roosevelt’s War Production Board. It’s how we produced tanks, planes, uniforms, and supplies in record time, and it’s how we will produce and distribute tens of millions of tests.
Establish a U.S. Public Health Jobs Corps to mobilize at least 100,000 Americans across the country with support from trusted local organizations in communities most at risk to perform culturally competent approaches to contact tracing and protecting at-risk populations.
Fix personal protective equipment (PPE) problems for good.
President Biden is taking responsibility and giving states, cities, tribes, and territories the critical supplies they need.
Fully use the Defense Production Act to ramp up production of masks, face shields, and other PPE so that the national supply of personal protective equipment exceeds demand and our stores and stockpiles — especially in hard-hit areas that serve disproportionately vulnerable populations — are fully replenished.
Build immediately toward a future, flexible American-sourced and manufactured capability to ensure we are not dependent on other countries in a crisis.
Provide clear, consistent, evidence-based guidance for how communities should navigate the pandemic – and the resources for schools, small businesses, and families to make it through.
Social distancing is not a light switch. It is a dial. President Biden will direct the CDC to provide specific evidence-based guidance for how to turn the dial up or down relative to the level of risk and degree of viral spread in a community, including when to open or close certain businesses, bars, restaurants, and other spaces; when to open or close schools, and what steps they need to take to make classrooms and facilities safe; appropriate restrictions on size of gatherings; when to issue stay-at-home restrictions.
Establish a renewable fund for state and local governments to help prevent budget shortfalls, which may cause states to face steep cuts to teachers and first responders.
Call on Congress to pass an emergency package to ensure schools have the additional resources they need to adapt effectively to COVID-19.
Provide a “restart package” that helps small businesses cover the costs of operating safely, including things like plexiglass and PPE.
fully immersed in faith..
nope......just Biden actions....
Isaiah 6:5
“Woe to me!” I cried. “I am ruined! For I am a man of unclean lips, and I live among a people of unclean lips, and my eyes have seen the King, the Lord Almighty.”
Matt Dillon (01-20-2021)
fully immersed in faith..
stupid newb......what difference does it make who is using Anonymous at the moment.....
Isaiah 6:5
“Woe to me!” I cried. “I am ruined! For I am a man of unclean lips, and I live among a people of unclean lips, and my eyes have seen the King, the Lord Almighty.”
fully immersed in faith..
note to Hondurans: "okay......now".......
Isaiah 6:5
“Woe to me!” I cried. “I am ruined! For I am a man of unclean lips, and I live among a people of unclean lips, and my eyes have seen the King, the Lord Almighty.”
Semolina comes from wheat
Back to the swamp, Pappy!
Verified User
I like these proclamations! They are so, you know, executive... by fiat. Like I hereby order and fuck you
Repukes!
PostmodernProphet (01-21-2021)
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