FREE ESSAY ON EXECUTIVE ORDERS

EXECUTIVE ORDERS

Orders Issued by President Bill Clinton
What are Executive Orders?
Executive Orders are official documents, Executive numbered consecutively, through which
the President of the United States manages the operations of the Federal Government.
Some Executive Orders in the past have created new commissions, councils, task forces and
committees; issued and allocated bonds; authorized permit issuance; etc.
40 Executive Orders issued by President Clinton
Date Document Titles
1. 2000-12-23 Executive Orders on Puerto Rico's Status
2. 2000-12-23 Executive Orders on Adjustments of Certain Rates of Pay
3. 2000-12-07 Executive Order 13180 on Air Traffic Performance
4. 2000-12-07 Executive Order 13279 on Americas Nuclear Weapons Workers
5. 2000-12-04 Executive Order 13178 on Northwestern Hawaiian Islands Coral
6. 2000-12-04 Executive Order 13177 on Use of Offsets in Defense Trade
7. 2000-12-20 Executive Order on Protecting the Privacy of Protected Health
8. 2000-11-06 Executive Order 13175 on Indian Tribal Governments
9. 2000-10-06 Executive Order 13170 on Disadvantaged Business
10. 2000-10-06 Executive Order 13169 on Small Business Exporters
11. 2000-11-27 Executive Order 13176 on Facilitation of Presidential Transition
12. 2000-10-27 Executive Order 13174 on Economic Change in the New Economy
13. 2000-10-25 Executive Order 13172 on the Role of the National Task Force
14. 2000-10-25 Executive Order 13173 on the Central San Joaquin Valley
15. 2000-10-12 Executive Order 13171 on Hispanic Employment
16. 2000-09-22 Executive Order 13168 on Tobacco Production
17. 2000-09-15 Executive Order 13167 on Amendment to Executive Order 13147
18. 2000-08-11 Executive Order 13166 on Limited English Proficiency Services
19. 2000-08-09 Executive Order 13165 on White House Task Force on Drug Use
20. 2000-07-26 Executive Order 13164-Extrablishing Reasonable Accommodations
21. 2000-07-26 Executive Order 13163 on Employing People with Disabilities
22. 2000-07-10 Executive Order 13162 on the Federal Career Inter Program 
23. 2000-06-30 Executive Order 13161 on Presidential Medal of Valor
24. 2000-06-23 Executive Order 13160 on Nondiscrimination
25. 2000-06-22 Executive Order 13159 on the Russian Federation
26. 2000-05-26 Executive Order 13158 on Marine Protected Areas
27. 2000-05-23 Executive Order 13157 on Woman-Owned Small Businesses
28. 2000-05-17 Executive Order 13156 on Amendment on Executive Order 12871
29. 2000-05-10 Executive Order 13155 on Access to HIV-AIDS Pharmaceuticals
30. 2000-05-03 Executive Order 13153 on Improving Low-Performing Schools
31. 2000-05-02 Executive Order 13152 Equal Employment Opportunities
32. 2000-05-03 Executive Order 13154 Establishing Kosovo Campaign Medal
33. 2000-02-08 Executive Order 13145 on Discrimination in Federal Employment
34. 1999-02-25 Executive Order 13114 on Council on Sustainable Development
35. 1999-04-14 Executive Order 13119 Combat Zone Designation
36. 2000-02-29 Executive Order 13146 on the Future of Princeville NC
37. 2000-03-08 Executive Order 13147 on Medicine Policy
38. 2000-04-21 Executive Order 13150 on Federal Workforce Transportation
39. 2000-04-21 Executive Order 13149 on Federal Fleet and Transportation
40. 2000-04-22 Executive Order 13148 on Environmental Management
ESTABLISHMENT OF THE PRESIDENT'S TASK FORCE ON PUERTO RICO'S STATUS
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including Public Law 106-346, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the executive branch of the Government of the
United States of America to help answer the questions that the people of Puerto Rico have
asked for years regarding the options for the islands' future status and the process for
realizing an option. Further, it is our policy to consider and develop positions on
proposals, without preference among the options, for the Commonwealth's future status; to
discuss such proposals with representatives of the people of Puerto Rico and the
Congress; to work with leaders of the Commonwealth and the Congress to clarify the
options to enable Puerto Ricans to determine their preference among options for the
islands' future status that are not incompatible with the Constitution and basic laws and
policies of the United States; and to implement such an option if chosen by a majority,
including helping Puerto Ricans obtain a governing arrangement under which they would
vote for national government officials, if they choose such a status.
Sec. 2. The President's Task Force on Puerto Rico's Status. There is established a task
force to be known as The President's Task Force on Puerto Rico's Status (Task Force). It
shall be composed of designees of each member of the President's Cabinet and the
Co-Chairs of the President's Interagency Group on Puerto Rico (Interagency Group). The
Task Force shall be co-chaired by the Attorney General's designee and a Co-Chair of the
Interagency Group. 
Sec. 3. Functions. The Task Force shall seek to implement the policy set forth in section
1 of this order. It shall ensure official attention to and facilitate action on matters
related to proposals for Puerto Rico's status and the process by which an option can be
realized. It shall provide advice and recommendations on such matters to the President
and the Congress. It shall also provide advice and recommendations to assist the
Executive Office of the President in fulfilling its responsibilities under Public Law
106-346 to transfer funding to the Elections Commission of the Commonwealth of Puerto
Rico for public education on and a public choice among options for Puerto Rico's future
status that are not incompatible with the Constitution and the basic laws and policies of
the United States.
Sec. 4. Report. The Task Force shall report on its actions to the President not later
than May 1, 2001, and thereafter as needed but not less than annually on progress made in
the determination of Puerto Rico's ultimate status. 
WILLIAM J. CLINTON THE WHITE HOUSE, December 23, 2000. 
ADJUSTMENTS OF CERTAIN RATES OF PAY
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including the laws cited herein, it is hereby ordered as follows: 
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of the statutory pay
systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303(a), are set
forth on the schedules attached hereto and made a part hereof: (a) The General Schedule
(5 U.S.C. 5332(a)) at Schedule 1; (b) The Foreign Service Schedule (22 U.S.C. 3963) at
Schedule 2; and (c) The schedules for the Veterans Health Administration of the
Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The rates of basic pay for senior executives in the
Senior Executive Service, as adjusted under 5 U.S.C. 5382, are set forth on Schedule 4
attached hereto and made a part hereof. 
Sec. 3. Executive Salaries. The rates of basic pay or salaries for the following offices
and positions are set forth on the schedules attached hereto and made a part hereof: (a)
The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5; (b) The Vice President (3
U.S.C. 104) and the Congress (2 U.S.C. 31) at Schedule 6; and (c) Justices and judges (28
U.S.C. 5, 44(d), 135, 252, and 461(a)) at Schedule 7. 
Sec. 4. Uniformed Services. Pursuant to section 601 of Public Law 106-398, the rates of
monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services and the rate
of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8
attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to sections 5304 and 5304a of
title 5, United States Code, locality-based comparability payments shall be paid in
accordance with Schedule 9 attached hereto and made a part hereof. (b) The Director of
the Office of Personnel Management shall take such actions as may be necessary to
implement these payments and to publish appropriate notice of such payments in the
Federal Register. 
Sec. 6. Administrative Law Judges. The rates of basic pay for administrative law judges,
as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and
made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2001. The other schedules
contained herein are effective on the first day of the first applicable pay period
beginning on or after January 1, 2001.
WILLIAM J. CLINTON THE WHITE HOUSE, December 23, 2000. 
AIR TRAFFIC PERFORMANCE-BASED ORGANIZATION
By the authority vested in me as President by the Constitution and the laws of the United
States of America, and in order to further improve the provision of air traffic services,
an inherently governmental function, in ways that increase efficiency, take better
advantage of new technologies, accelerate modernization efforts, and respond more
effectively to the needs of the traveling public, while enhancing the safety, security,
and efficiency of the Nation's air transportation system, it is hereby ordered as
follows:
Section 1. Establishment of the Air Traffic Organization. (a) The Secretary of
Transportation (Secretary) shall, consistent with his legal authorities, move to
establish within the Federal Aviation Administration (FAA) a performance-based
organization to be known as the Air Traffic Organization (ATO). (b) The ATO shall be
composed of those elements of the FAA's Air Traffic Services and Research and Acquisition
organizations that have direct connection and give support to the provision of day-to-day
operational air traffic services, as determined by the Administrator of the Federal
Aviation Administration (Administrator). The Administrator may delegate responsibility
for any operational activity of the air traffic control system to the head of the ATO.
The Administrator's responsibility for general safety, security, and policymaking
functions for the National Airspace System is unaffected by this order. (c) The Chief
Operating Officer (COO) of the Air Traffic Control System, established by the Wendell H.
Ford Aviation Investment and Reform Act for the 21st Century (Air-21) (Public Law
106-181), shall head the ATO and shall report directly to the Administrator and be
subject to the authority of the Administrator. The COO, in consultation with the Air
Traffic Control Subcommittee of the Aviation Management Advisory Committee, shall enter
into an annual performance agreement with the Administrator that sets forth measurable
organization and individual goals in key operational areas and describes specific targets
and how such goals will be achieved. The COO may receive an annual bonus not to exceed 30
percent of the annual rate of basic pay, based upon the Administrator's evaluation of the
COO's performance in relation to the targets and goals described above. (d) The COO shall
develop a 5-year strategic plan for the air traffic control system, including a clear
statement of the mission and objectives for the system's safety, efficiency, and
productivity. This strategic plan must ensure that ATO actions are consistent with
long-term FAA strategies for the aviation system as a whole. (e) The COO shall also enter
into a framework agreement with the Administrator that will establish the relationship of
the ATO with the other organizations of the FAA. 
Sec. 2. Purpose. The FAA's primary mission is to ensure the safety, security, and
efficiency of the National Airspace System. The purpose of this order is to enhance that
mission and further improve the delivery of air traffic services to the American public
by reorganizing the FAA's air traffic services and related offices into a
performance-based, results-oriented, organization. The ATO will be better able to make
use of the unique procurement and personnel authorities that the FAA currently has and to
better use the additional management reforms enacted by the Congress this year under
Air-21. Specifically, the ATO shall: (a) optimize use of existing management
flexibilities and authorities to improve the efficiency of air traffic services and
increase the capacity of the system; (b) develop methods to accelerate air traffic
control modernization and to improve aviation safety related to air traffic control; (c)
develop agreements with the Administrator of the FAA and users of the products, services,
and capabilities it will provide; (d) operate in accordance with safety performance
standards developed by the FAA and rapidly respond to FAA safety and security oversight
findings; (e) consult with its customers, the traveling public, including direct users
such as airlines, cargo carriers, manufacturers, airports, general aviation, and
commercial space transportation providers, and focus on producing results that satisfy
the FAA's external customer needs; (f) consult with appropriate Federal, State, and local
public agencies, including the Department of Defense and the National Aeronautics and
Space Administration, to determine the best practices for meeting the diverse needs
throughout the National Airspace System; (g) establish strong incentives to managers for
achieving results; and (h) formulate and recommend to the Administrator any management,
fiscal, or legislative changes necessary for the organization to achieve its performance
goals. 
Sec. 3. Aviation Management Advisory Committee. The Air Traffic Control Subcommittee of
the Aviation Management Advisory Committee shall provide, consistent with its
responsi-bilities under Air-21, general oversight to ATO regarding the administration,
management, conduct, direction, and supervision of the air traffic control system. 
Sec. 4. Evaluation and Report. Not later than 5 years after the date of this order, the
Aviation Management Advisory Committee shall provide to the Secretary and the
Administrator a report on the operation and effectiveness of the ATO, together with any
recommendations for management, fiscal, or legislative changes to enable the organization
to achieve its goals.
Sec. 5. Definitions. The term air traffic control system has the same meaning as the term
defined by section 40102(a)(42) of title 49, United States Code.
Sec. 6. Judicial Review. This order does not create any right or benefit, substantive or
procedural, enforceable at law by a party against the United States, its agencies, its
officers, or any person. 
WILLIAM J. CLINTON THE WHITE HOUSE, December 7, 2000 
PROVIDING COMPESATION TO AMERICA'S NUCLEAR WEAPONS WORKERS
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including Public Law 106-398, the Energy Employees Occupational
Illness Compensation Program Act of 2000 (Public Law 106-398, the Act), and to allocate
the responsibilities imposed by that legislation and to provide for further legislative
efforts, it is hereby ordered as follows: 
Section 1. Policy. Since World War II, hundreds of thousands of men and women have served
their Nation in building its nuclear defense. In the course of their work, they overcame
previously unimagined scientific and technical challenges. Thousands of these courageous
Americans, however, paid a high price for their service, developing disabling or fatal
illnesses as a result of exposure to beryllium, ionizing radiation, and other hazards
unique to nuclear weapons production and testing. Too often, these workers were neither
adequately protected from, nor informed of, the occupational hazards to which they were
exposed. Existing workers' compensation programs have failed to provide for the needs of
these workers and their families. Federal workers' compensation programs have generally
not included these workers. Further, because of long latency periods, the uniqueness of
the hazards to which they were exposed, and inadequate exposure data, many of these
individuals have been unable to obtain State workers' compensation benefits. This problem
has been exacerbated by the past policy of the Department of Energy (DOE) and its
predecessors of encouraging and assisting DOE contractors in opposing the claims of
workers who sought those benefits. This policy has recently been reversed. While the
Nation can never fully repay these workers or their families, they deserve recognition
and compensation for their sacrifices. Since the Administration's historic announcement
in July of 1999 that it intended to compensate DOE nuclear weapons workers who suffered
occupational illnesses as a result of exposure to the unique hazards in building the
Nation's nuclear defense, it has been the policy of this Administration to support fair
and timely compensation for these workers and their survivors. The Federal Government
should provide necessary information and otherwise help employees of the DOE or its
contractors determine if their illnesses are associated with conditions of their nuclear
weapons-related work; it should provide workers and their survivors with all pertinent
and available information necessary for evaluating and processing claims; and it should
ensure that this program minimizes the administrative burden on workers and their
survivors, and respects their dignity and privacy. This order sets out agency
responsibilities to accomplish these goals, building on the Administration's articulated
principles and the framework set forth in the Energy Employees Occupational Illness
Compensation Program Act of 2000. The Departments of Labor, Health and Human Services,
and Energy shall be responsible for developing and implementing actions under the Act to
compensate these workers and their families in a manner that is compassionate, fair, and
timely. Other Federal agencies, as appropriate, shall assist in this effort.
Sec. 2. Designation of Responsibilities for Administering the Energy Employees'
Occupational Illness Compensation Program (Program). (a) Secretary of Labor. The
Secretary of Labor shall have primary responsibility for administering the Program.
Specifically, the Secretary shall: (i) Administer and decide all questions arising under
the Act not assigned to other agencies by the Act or by this order, including determining
the eligibility of individuals with covered occupational illnesses and their survivors
and adjudicating claims for compensation and benefits; (ii) No later than May 31, 2001,
promulgate regulations for the administration of the Program, except for functions
assigned to other agencies pursuant to the Act or this order; (iii) No later than July
31, 2001, ensure the availability, in paper and electronic format, of forms necessary for
making claims under the Program; and (iv) Develop informational materials, in
coordination with the Secretary of Energy and the Secretary of Health and Human Services,
to help potential claimants understand the Program and the application process, and
provide these materials to individuals upon request and to the Secretary of Energy and
the Attorney General for dissemination to potentially eligible individuals. (b) Secretary
of Health and Human Services. The Secretary of Health and Human Services shall: (i) No
later than May 31, 2001, promulgate regulations establishing: (A) guidelines, pursuant to
section 3623(c) of the Act, to assess the likelihood that an individual with cancer
sustained the cancer in the performance of duty at a Department of Energy facility or an
atomic weapons employer facility, as defined by the Act; and (B) methods, pursuant to
section 3623(d) of the Act, for arriving at and providing reasonable estimates of the
radiation doses received by individuals applying for assistance under this program for
whom there are inadequate records of radiation exposure; (ii) In accordance with
procedures developed by the Secretary of Health and Human Services, consider and issue
determinations on petitions by classes of employees to be treated as members of the
Special Exposure Cohort; (iii) With the assistance of the Secretary of Energy, apply the
methods promulgated under subsection (b)(i)(B) to estimate the radiation doses received
by individuals applying for assistance; (iv) Upon request from the Secretary of Energy,
appoint members for a physician panel or panels to consider individual workers'
compensation claims as part of the Worker Assistance Program under the process
established pursuant to subsection (c)(v); and (v) Provide the Advisory Board established
under section 4 of this order with administrative services, funds, facilities, staff, and
other necessary support services and perform the administrative functions of the
President under the Federal Advisory Committee Act, as amended (5 U.S.C. App.), with
respect to the Advisory Board. (c) Secretary of Energy. The Secretary of Energy shall:
(i) Provide the Secretary of Health and Human Services and the Advisory Board on
Radiation and Worker Health access, in accordance with law, to all relevant information
pertaining to worker exposures, including access to restricted data, and any other
technical assistance needed to carry out their responsibilities under subsection (b)(ii)
and section 4(b), respectively. (ii) Upon request from the Secretary of Health and Human
Services or the Secretary of Labor, and as permitted by law, require a DOE contractor,
subcontractor, or designated beryllium vendor, pursuant to section 3631(c) of the Act, to
provide information relevant to a claim under this Program; (iii) Identify and notify
potentially eligible individuals of the availability of compensation under the Program;
(iv) Designate, pursuant to sections 3621(4)(B) and 3622 of the Act, atomic weapons
employers and additions to the list of designated beryllium vendors; (v) Pursuant to
Subtitle D of the Act, negotiate agreements with the chief executive officer of each
State in which there is a DOE facility, and other States as appropriate, to provide
assistance to a DOE contractor employee on filing a State workers' compensation system
claim, and establish a Worker Assistance Program to help individuals whose illness is
related to employment in the DOE's nuclear weapons complex, or the individual's survivor
if the individual is deceased, in applying for State workers' compensation benefits. This
assistance shall include: (1) Submittal of reasonable claims to a physician panel,
appointed by the Secretary of Health and Human Services and administered by the Secretary
of Energy, under procedures established by the Secretary of Energy, for determination of
whether the individual's illness or death arose out of and in the course of employment by
the DOE or its contractors and exposure to a toxic substance at a DOE facility; and (2)
For cases determined by the physician panel and the Secretary of Energy under section
3661(d) and (e) of the Act to have arisen out of and in the course of employment by the
DOE or its contractors and exposure to a toxic substance at a DOE facility, provide
assistance to the individual in filing for workers' compensation benefits. The Secretary
shall not contest these claims and, to the extent permitted by law, shall direct a DOE
contractor who employed the applicant not to contest the claim; (vi) Report on the Worker
Assistance Program by making publicly available on at least an annual basis
claims-related data, including the number of claims filed, the number of illnesses found
to be related to work at a DOE facility, job location and description, and number of
successful State workers' compensation claims awarded; and (vii) No later than January
15, 2001, publish in the Federal Register a list of atomic weapons employer facilities
within the meaning of section 3621(5) of the Act, Department of Energy employer
facilities within the meaning of section 3621(12) of the Act, and a list of facilities
owned and operated by a beryllium vendor, within the meaning of section 3621(6) of the
Act. (d) Attorney General. The Attorney General shall: (i) Develop procedures to notify,
to the extent possible, each claimant (or the survivor of that claimant if deceased)
whose claim for compensation under section 5 of the Radiation Exposure Compensation Act
has been or is approved by the Department of Justice, of the availability of supplemental
compensation and benefits under the Energy Employees Occupational Illness Compensation
Program; (ii) Identify and notify eligible covered uranium employees or their survivors
of the availability of supplemental compensation under the Program; and (iii) Upon
request by the Secretary of Labor, provide information needed to adjudicate the claim of
a covered uranium employee under this Program. 
Sec. 3. Establishment of Interagency Working Group. (a) There is hereby established an
Interagency Working Group to be composed of representatives from the Office of Management
and Budget, the National Economic Council, and the Departments of Labor, Energy, Health
and Human Services, and Justice. (b) The Working Group shall: (i) By January 1, 2001,
develop a legislative proposal to ensure the Program's fairness and efficiency, including
provisions to assure adequate administrative resources and swift dispute resolution; and
(ii) Address any impediments to timely and coordinated Program implementation.
Sec. 4. Establishment of Advisory Board on Radiation and Worker Health. (a) Pursuant to
Public Law 106-398, there is hereby established an Advisory Board on Radiation and Health
(Advisory Board). The Advisory Board shall consist of no more than 20 members to be
appointed by the President. Members shall include affected workers and their
representatives, and representatives from scientific and medical communities. The
President shall designate a Chair for the Board among its members. (b) The Advisory Board
shall: (i) Advise the Secretary of Health and Human Services on the development of
guidelines under section 2(b)(i) of this order; (ii) Advise the Secretary of Health and
Human Services on the scientific validity and quality of dose reconstruction efforts
performed for this Program; and (iii) Upon request by the Secretary of Health and Human
Services, advise the Secretary on whether there is a class of employees at any Department
of Energy facility who were exposed to radiation but for whom it is not feasible to
estimate their radiation dose, and on whether there is a reasonable likelihood that such
radiation dose may have endangered the health of members of the class. 
Sec. 5. Reporting Requirements. The Secretaries of Labor, Health and Human Services, and
Energy shall, as part of their annual budget submissions, report to the Office of
Management and Budget (OMB) on their activities under this Program, including total
expenditures related to benefits and program administration. They shall also report to
the OMB, no later than March 1, 2001, on the manner in which they will carry out their
respective responsibilities under the Act and this order. This report shall include,
among other things, a description of the administrative structure established within
their agencies to implement the Act and this order. In addition, the Secretary of Labor
shall annually report on the total number and types of claims for which compensation was
considered and other data pertinent to evaluating the Federal Government's performance
fulfilling the requirements of the Act and this order. 
Sec. 6. Administration and Judicial Review. (a) This Executive Order shall be carried out
subject to the availability of appropriations, and to the extent permitted by law. (b)
This Executive Order does not create any right or benefit, substantive or procedural,
enforceable at law or equity by a party against the United States, its agencies, its
officers or employees, or any other person. 
WILLIAM J. CLINTON THE WHITE HOUSE, December 7, 2000. 
NORTHWESTERN HAWAIIAN ISLANDS CORAL REEF ECOSYSTEM RESERVE
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including the National Marine Sanctuaries Act, (16 U.S.C. 1431 et
seq.), and the National Marine Sanctuaries Amendments Act of 2000, Public Law 106-513,
and in furtherance of the purposes of the Magnuson-Stevens Fishery Conservation and
Management Act (16 U.S.C. 1801 et seq.), Marine Protection, Research, and Sanctuaries Act
(33 U.S.C. 1401 et seq.), Coastal Zone Management Act (16 U.S.C. 1451 et seq.),
Endangered Species Act (16 U.S.C. 1531 et seq.), Marine Mammal Protection Act (16 U.S.C.
1362 et seq.), Clean Water Act (33 U.S.C. 1251 et seq.), National Historic Preservation
Act (16 U.S.C. 470 et seq.), National Wildlife Refuge System Administration Act (16
U.S.C. 668dd-ee), and other pertinent statutes, it is ordered as follows: 
Section 1. Preamble. The world's coral reefs -- the rain forests of the sea -- are in
serious decline. These important and sensitive areas of biodiversity warrant special
protection. While United States waters contain approximately 3 percent of the world's
coral reefs, approximately 70 percent of U.S. coral reefs are in the Northwestern
Hawaiian Islands. The 3.5 million acres of coral reefs around the remote, mostly
uninhabited Northwestern Hawaiian Islands are spectacular and almost undisturbed by
humans. The approximately 1,200 mile stretch of coral islands, seamounts, banks, and
shoals are unquestionably some of the healthiest and most extensive coral reefs in the
United States. In their own right, the spectacular coral reefs and lands provide an
amazing geological record of volcanic and erosive powers that have shaped this area. This
vast area supports a dynamic reef ecosystem that supports more than 7,000 marine species,
of which approximately half are unique to the Hawaiian Island chain. This incredibly
diverse ecosystem is home to many species of coral, fish, birds, marine mammals, and
other flora and fauna including the endangered Hawaiian monk seal, the threatened green
sea turtle, and the endangered leatherback and hawksbill sea turtles. In addition, this
area has great cultural significance to Native Hawaiians as well as linkages to early
Polynesian culture -- making it additionally worthy of protection and understanding. This
is truly a unique and special place, a coral reef ecosystem like no place on earth, and a
source of pride, inspiration, and satisfaction for all Americans, especially the people
of Hawaii. It is fully worthy of our best efforts to preserve a legacy of America's
natural wonders for future generations. Due to the special significance of this area, I
have determined that it is in the best interest of our Nation, and of future generations,
to provide strong and lasting protection for the coral reef ecosystem of the Northwestern
Hawaiian Islands. On May 26, 2000, I directed the Secretaries of Commerce and the
Interior, working cooperatively with the State of Hawaii and consulting with the Western
Pacific Fishery Management Council, to develop recommendations for a new, coordinated
management regime to increase protection of the coral reef ecosystem of the Northwestern
Hawaiian Islands and provide for sustainable use of the area. Upon consideration of their
recommendations and comments received during the public visioning process on this
initiative, and based on the statutory authorities set forth above, I am issuing this
Executive Order. 
Sec. 2. Purpose. The purpose of this Executive Order is to ensure the comprehensive,
strong, and lasting protection of the coral reef ecosystem and related marine resources
and species (resources) of the Northwestern Hawaiian Islands. 
Sec. 3. Establishment of Coral Reef Ecosystem Reserve. There is hereby established in the
Northwestern Hawaiian Islands a coral reef ecosystem reserve to be known as the
Northwestern Hawaiian Islands Coral Reef Ecosystem Reserve (Reserve). The Reserve shall
include submerged lands and waters of the Northwestern Hawaiian Islands, extending
approximately 1,200 nautical miles (nm) long and 100nm wide. The Reserve shall be
adjacent to and seaward of the seaward boundaries of the State of Hawaii and the Midway
Atoll National Wildlife Refuge, and shall overlay the Hawaiian Islands National Wildlife
Refuge to the extent that it extends beyond the seaward boundaries of the State of
Hawaii. The boundaries of the Reserve are described in section 6 of this order.
Sec. 4. Management Principles. The Secretary of Commerce, or his designee, (hereafter
Secretary) shall, subject to section 10(b) of this order, manage the Reserve in
accordance with the following principles: (a) The principal purpose of the Reserve is the
long-term conservation and protection of the coral reef ecosystem and related marine
resources and species of the Northwestern Hawaiian Islands in their natural character;
(b) The Reserve shall be managed using available science and applying a precautionary
approach with resource protection favored when there is a lack of information regarding
any given activity, to the extent not contrary to law; (c) Culturally significant,
noncommercial subsistence, cultural, and religious uses by Native Hawaiians should be
allowed within the Reserve, consistent with applicable law and the long-term conservation
and protection of Reserve resources; (d) The Reserve shall be managed using, when
appropriate, geographical zoning and innovative management techniques to ensure that the
Reserve resources are protected from degradation or harm; (e) To the extent consistent
with the primary purpose of the Reserve, the Reserve shall be managed to support,
promote, and coordinate appropriate scientific research and assessment, and long-term
monitoring of Reserve resources, and the impacts or threats thereto from human and other
activities, to help better understand, protect, and conserve these resources and species
for future generations; (f) To the extent consistent with the primary purpose of the
Reserve, the Reserve shall be managed to enhance public awareness, understanding, and
appreciation of Reserve resources, and the impacts or threats thereto from human and
other activities; (g) The Reserve shall be managed to further restoration and remediation
of degraded or injured Reserve resources; and (h) The Reserve shall be managed to
facilitate coordinated management among Federal and State agencies and other entities, as
appropriate, to provide comprehensive (looking beyond jurisdictional boundaries)
conservation of the coral reef ecosystem and related marine resources and species
throughout the Northwestern Hawaiian Islands, consistent with applicable authorities and
the Management Principles of this section.
Sec. 5. Implementation. (a) Management of the Reserve. The Secretary shall manage the
Reserve under the National Marine Sanctuaries Act and in accordance with this order. (b)
Reserve Operations Plan. The Secretary, in consultation with the Secretary of the
Interior and the Governor of Hawaii, shall develop an operations plan to govern the
management of the Reserve. In developing the Reserve Operations Plan the Secretary shall
consider the advice and recommendations of the Reserve Council established pursuant to
paragraph (c) of this section. The Reserve Operations Plan shall be directed at priority
issues and actions that, at a minimum, provide for: (1) Coordinated management among the
Reserve, Hawaiian Islands National Wildlife Refuge, Midway Atoll National Wildlife
Refuge, and the State of Hawaii, consistent with relevant authorities; (2) Coordination
among Federal agencies and the Director of the National Science Foundation to make
vessels and other resources available for conservation and research activities for the
Reserve; (3) The cleanup and prevention of marine debris in the Reserve; (4) The
restoration or remediation of any degraded or injured resources of the Reserve; (5)
Research, monitoring, and assessment of the Reserve; (6) Education and outreach about the
Reserve and its resources and efforts to conserve them; (7) Enforcement and surveillance
for the Reserve, including the use of new technologies and coordination with the United
States Coast Guard and other relevant agencies; (8) Identification and coordination with
Native Hawaiian interests, regarding culturally significant, noncommercial subsistence,
cultural, and religious uses and locations within the Reserve; (9) Identification of
potential tourism, recreational, and commercial activities within the Reserve and actions
necessary to ensure that these activities do not degrade the Reserve's resources or
diminish the Reserve's natural character; (10) Use of vessel monitoring systems for any
vessel entering or transiting the Reserve, if warranted. To this end, the Secretary in
consultation with the Department of State, United States Coast Guard, and the Department
of Defense, shall evaluate the need for the establishment of vessel monitoring systems
and, if warranted, shall initiate the steps necessary to have the appropriate domestic
agencies, and request that the International Maritime Organization, adopt a vessel
monitoring system requirement for the Reserve; (11) Any regulations, in addition to the
conservation measures and Reserve Preservation Areas established under this order, that
the Secretary determines are necessary to manage the Reserve in accordance with this
order; and (12) Coordination of all relevant activities with the process to designate the
Reserve as a National Marine Sanctuary, as provided under paragraph (f) of this section.
(c) Conservation Measures. The Reserve Operations Plan shall also include the
conservation measures in section 7 of this order and the Reserve Preservation Areas in
section 8 of this order. (d) Memorandum of Agreement. To further paragraph (b)(1) of this
section, and subject to section 10(b) of this order, and in particular to promote
coordinated management of the entirety of the shallow areas of the coral reef ecosystem
throughout the Northwestern Hawaiian Islands, the Secretary shall work with the Secretary
of the Interior and Governor of the State of Hawaii to enter into one or more memoranda
of agreement for the coordinated conservation and management of the Reserve, Midway Atoll
and Hawaiian Islands National Wildlife Refuges, and State of Hawaii submerged lands and
waters within the Northwestern Hawaiian Islands. (e) National Marine Sanctuary. The
Secretary shall initiate the process to designate the Reserve as a national marine
sanctuary pursuant to sections 303 and 304 of the National Marine Sanctuaries Act (16
U.S.C. 1433, 1434). In doing so the Secretary shall supplement or complement the existing
Reserve. The Secretary shall, in consultation with the Governor of the State of Hawaii,
determine whether State submerged lands and waters should be included as part of the
sanctuary. In designating and managing the sanctuary, the Secretary shall consider the
advice and recommendations of the Reserve Council established pursuant to paragraph (f)
of this section. (f) Council. After considering input from the Secretary of the Interior
and Governor of the State of Hawaii, the Secretary shall establish a Coral Reef Ecosystem
Reserve Council pursuant to section 315 of the National Marine Sanctuaries Act (16 U.S.C.
1445a) to provide advice and recommendations on the Reserve Operations Plan and
designation and management of any sanctuary. The Council shall include: (1) Three Native
Hawaiian representatives, including one Native Hawaiian elder, with experience or
knowledge regarding Native Hawaiian subsistence, cultural, religious, or other activities
in the Northwestern Hawaiian Islands. (2) Three representatives from the non-Federal
science community with experience specific to the Northwestern Hawaiian Islands and with
expertise in at least one of the following areas: (A) Marine mammal science. (B) Coral
reef ecology. (C) Native marine flora and fauna of the Hawaiian Islands. (D)
Oceanography. (E) Any other scientific discipline the Secretary determines to be
appropriate. (3) Three representatives from nongovernmental wildlife/marine life,
environmental, and/or conservation organizations. (4) One representative from the
commercial fishing industry that conducts activities in the Northwestern Hawaiian
Islands. (5) One representative from the recreational fishing industry that conducts
activities in the Northwestern Hawaiian Islands. (6) One representative from the
ocean-related tourism industry. (7) One representative from the non-Federal community
with experience in education and outreach regarding marine conservation issues. (8) One
citizen-at-large representative. (9) One representative from the State of Hawaii as
appointed by the Governor. (10) One representative each, as nonvoting, ex officio
members, from the Department of the Interior, United States Coast Guard, Department of
Defense, Department of State, the National Marine Fisheries Service, the Hawaiian Islands
Humpback Whale National Marine Sanctuary, National Science Foundation, Marine Mammal
Commission, and Western Pacific Regional Fishery Management Council. (g) Report. The
Secretary shall provide a progress report on the implementation of this order to the
Chair of the Council on Environmental Quality within 1 year from the date of this order.

Sec. 6. Area of the Reserve. The Reserve includes the waters and submerged lands of the
Northwestern Hawaiian Islands as follows: (a) The seaward boundary of the Reserve is 50nm
from the approximate center geographical positions of Nihoa Island, Necker Island, French
Frigate Shoals, Gardner Pinnacles, Maro Reef, Laysan Island, Lisianski Island, Pearl and
Hermes Reef, Midway Atoll, and Kure Island. Where the areas are not contiguous, parallel
lines drawn tangent to and connecting those semi-circles of the 50nm areas that lie
around such areas shall delimit the remainder of the Reserve. (b) The inland boundary of
the Reserve around each of the areas named in subparagraph (a) of this section is the
seaward boundary of Hawaii State waters and submerged lands, and the seaward boundary of
the Midway Atoll National Wildlife Refuge, as appropriate. (c) The Reserve boundary is
generally depicted on the map attached to this order. The Secretary, after consultation
with the Governor of the State of Hawaii, may make technical modifications to the
boundary of the Reserve, including providing straight-line boundaries for the Reserve for
clarity and ease of identification, as appropriate. 
Sec. 7. Protection and Conservation Measures. The conservation measures in this section
apply throughout the Reserve. (a) (1) Commercial Fishing. All currently existing
commercial Federal fishing permits and current levels of fishing effort and take, as
determined by the Secretary and pursuant to regulations in effect on the date of this
order, shall be capped as follows: (A) No commercial fishing may occur in Reserve
Preservation Areas pursuant to section 8 of this order; (B) There shall be no increase in
the number of permits of any particular type of fishing (such as for bottomfishing)
beyond the number of permits of that type in effect the year preceding the date of this
order; (C) The annual level of aggregate take under all permits of any particular type of
fishing may not exceed the aggregate level of take under all permits of that type of
fishing in the years preceding the date of this order, as determined by the Secretary,
provided that the Secretary shall equitably divide the aggregate level into individual
levels per permit, and further provided that the Secretary may make a one-time reasonable
increase to the total aggregate to allow for the use of two Native Hawaiian bottomfishing
permits; (D) There shall be no permits issued for any particular type of fishing for
which there were no permits issued in the year preceding the date of this order; and (E)
The type of fishing gear used by any permit holder may not be changed except with the
permission of the Secretary, as provided under paragraph 3 of this section. (2)
Recreational Fishing. All currently existing (preceding the date of this order) levels of
recreational fishing effort, as determined by the Secretary and pursuant to regulations
in effect on the day of this order, shall be capped (i.e., no increase of take levels or
levels of fishing effort, species targeted, or change in gear types) throughout the
Reserve. However, fishing is further restricted as provided in section 8 of this order.
(3) The Secretary, after consultation with the Secretary of the Interior and Governor of
the State of Hawaii, and after public review and comment and consideration of any advice
or recommendations of the Reserve Council and Western Pacific Regional Fishery Management
Council, may further restrict the fishing activities under subparagraphs (a)(1) and
(a)(2) of this section if necessary to protect Reserve resources, or may authorize or
require alternate gear types if such gear would offer equal or greater protection for
Reserve resources. (b) In addition to the conservation measures in paragraph (a) of this
section, the following activities are prohibited throughout the Reserve: (1) Exploring
for, developing, or producing oil, gas, or minerals; (2) Having a vessel anchored on any
living or dead coral with an anchor, an anchor chain, or an anchor rope when visibility
is such that the seabed can be seen; (3) Drilling into, dredging, or otherwise altering
the seabed; or constructing, placing, or abandoning any structure, material, or other
matter on the seabed, except as an incidental result of anchoring vessels; (4)
Discharging or depositing any material or other matter into the Reserve, or discharging
or depositing any material or other matter outside the Reserve that subsequently enters
the Reserve and injures any resource of the Reserve, except fish parts (i.e., chumming
material or bait) used in and during authorized fishing operations, or discharges
incidental to vessel use such as deck wash, approved marine sanitation device effluent,
cooling water, and engine exhaust; and (5) Removal, moving, taking, harvesting, or
damaging any living or nonliving Reserve resources, except as provided under paragraph
(a) of this section and sections 8(a) and 9 of this order. (c) The Secretary may conduct,
or authorize by permit the activities listed in subparagraphs (b)(3)-(5) of this section
to the extent that they are necessary for research, monitoring, education, or management
activities that further the Management Principles of section 4 of this order.
Sec. 8. Reserve Preservation Areas. (a) To further protect Reserve resources, the
following areas are hereby established as Reserve Preservation Areas until some or all
are made permanent after adequate public review and comment, within which all activities
referred to in paragraph (b) of this section are prohibited. (1) From the seaward
boundary of Hawaii State waters and submerged lands to a mean depth of 100 fathoms (fm)
around: (A) Nihoa Island, provided that bottomfishing in accordance with the requirements
of section 7(a)(1) of this order shall be allowed to continue seaward of a mean depth of
10fm, unless and until the Secretary determines otherwise after adequate public review
and comment; (B) Necker Island, provided that bottomfishing in accordance with the
requirements of section 7(a)(1) of this order shall be allowed to continue seaward of a
mean depth of 20fm, unless and until the Secretary determines otherwise after adequate
public review and comment; (C) French Frigate Shoals; (D) Gardner Pinnacles, provided
that bottomfishing in accordance with the requirements of section 7(a)(1) of this order
shall be allowed to continue seaward of a mean depth of 10fm, unless and until the
Secretary determines otherwise after adequate public review and comment; (E) Maro Reef,
provided that bottomfishing in accordance with the requirements of section 7(a)(1) of
this order shall be allowed to continue seaward of a mean depth of 20fm, unless and until
the Secretary determines otherwise after adequate public review and comment; (F) Laysan
Island, provided that bottomfishing in accordance with the requirements of section
7(a)(1) of this order shall be allowed to continue seaward of a mean depth of 50fm,
unless and until the Secretary determines otherwise after adequate public review and
comment; (G) Lisianski Island, provided that bottomfishing in accordance with the
requirements of section 7(a)(1) of this order shall be allowed to continue seaward of a
mean depth of 50fm, unless and until the Secretary determines otherwise after adequate
public review and comment; (H) Pearl and Hermes Atoll; and (I) Kure Island. (2) Twelve
nautical miles around the approximate geographical centers of: (A) The first bank
immediately east of French Frigate Shoals; (B) Southeast Brooks Bank, which is the first
bank immediately west of French Frigate Shoals, provided that the closure area shall not
be closer than approximately 3nm of the next bank immediately west; (C) St. Rogatien
Bank, provided that the closure area shall not be closer than approximately 3nm of the
next bank immediately east, provided further that bottomfishing in accordance with the
requirements of section 7(a)(1) of this order shall be allowed to continue, unless and
until the Secretary determines otherwise after adequate public review and comment; (D)
The first bank west of St. Rogatien Bank, east of Gardner Pinnacles; (E) Raita Bank; and
(F) Pioneer Bank, provided that bottomfishing in accordance with the requirements of
section 7(a)(1) of this order shall be allowed to continue, unless and until the
Secretary determines otherwise after adequate public review and comment. (b) Activities
Prohibited Within Reserve Preservation Areas. (1) In addition to the conservation
measures in section 7 of this order, which are applicable to the entire Reserve, the
following activities are prohibited within the Reserve Preservation Areas listed in
paragraph (a) of this section, except as expressly otherwise stated in this paragraph and
sections (8)(a) and 9 of this order: (A) Commercial and recreational fishing; (B)
Anchoring in any area that contains available mooring buoys, or anchoring outside an
available anchoring area when such area has been designated by the Secretary; (C) Any
type of touching or taking of living or dead coral; (D) Discharging or depositing any
material or other matter except cooling water or engine exhaust; and (E) Such other
activities that the Secretary identifies after adequate public review and comment, and
after consideration of any advice and recommendations of the Reserve Council. (2)
Notwithstanding the prohibitions in this paragraph, the Secretary may conduct, or
authorize by permit, research, monitoring, education, or management activities within any
Reserve Preservation Area that further the Management Principles of section 4 of this
order. (3) The Reserve Preservation Areas in this section are approximated using fathoms.
The Secretary will develop straight line boundaries based on longitude and latitude
coordinates to encompass each Reserve Preservation Area, to provide for clarity and ease
of identification. The Secretary may make technical modifications to any such
boundaries.
Sec. 9. Native Hawaiian Uses. Native Hawaiian non-commercial subsistence, cultural, or
religious uses may continue, to the extent consistent with existing law, within the
Reserve and Reserve Preservation Areas identified under section 8 of this order. The
Secretary shall work with Native Hawaiian interests to identify those areas where such
Native Hawaiian uses of the Reserve's resources may be conducted without injury to the
Reserve's coral reef ecosystem and related marine resources and species, and may revise
the areas where such activities may occur after public review and comment, and
consideration of any advice and recommendations of the Reserve Council.
Sec. 10. National Wildlife Refuges. (a) The Secretary of the Interior, in managing,
through the U.S. Fish and Wildlife Service the Hawaiian Islands and Midway Atoll National
Wildlife Refuges pursuant to the National Wildlife Refuge System Administration Act (16
U.S.C. 668dd-668ee) and other applicable laws, shall follow the Management Principles of
section 4 of this order, to the extent consistent with applicable law. (b) Wherever the
Reserve overlaps the Hawaiian Islands National Wildlife Refuge, the Reserve shall be
managed to supplement and complement management of the Refuge to ensure coordinated
conservation and management of the Reserve and the Refuge, consistent with the purposes
and policies of the National Marine Sanctuaries Act, the National Marine Sanctuaries
Amendments Act of 2000, and this order, and the authorities of the U.S. Fish and Wildlife
Service under the National Wildlife Refuge System Administration Act (16 U.S.C.
668dd-668ee) and other laws with respect to management of the Refuge. Nothing in this
order shall enlarge or diminish the jurisdiction or authority of the Secretary or
Secretary of the Interior in managing the Reserve or Refuge, respectively. (c) The
Secretary of the Interior, through the U.S. Fish and Wildlife Service, shall coordinate
with the Secretary and the Governor of the State of Hawaii, as provided under section
5(b) of this order, to ensure coordinated protection and management among the Reserve,
Refuges, and State, consistent with relevant authorities.
Sec. 11. Administration and Judicial Review. (a) International Law. Management of the
Reserve and any regulations issued pursuant thereto and all other provisions of this
order shall be applied consistently with the 1983 Presidential Proclamation on the
Exclusive Economic Zone, the 1988 Presidential Proclamation on the Territorial Sea, and
the 1999 Presidential Proclamation on Contiguous Zone and in accordance with generally
recognized principles of international law, and with the treaties, conventions, and other
agreements to which the United States is a party. The Secretary shall consult with the
Department of State in implementing this order. (b) Agency Responsibilities. All Federal
agencies whose actions may affect the Reserve and any National Marine Sanctuary
established by the Secretary pursuant to this order shall carry out such actions in
accordance with applicable laws, regulations and Executive Orders, including Executive
Orders 13089 of June 11, 1998, and 13158 of May 26, 2000. (c) National Security and
Emergency Actions. Consistent with applicable law, nothing in this order is intended to
apply to military activities (including those carried out by the United States Coast
Guard), including military exercises, conducted within or in the vicinity of the Reserve,
consistent with the requirements of Executive Orders 13089 of June 11, 1998, and 13158 of
May 26, 2000. Further, nothing in this order is intended to restrict the Department of
Defense from conducting activities necessary during time of war or national emergency, or
when necessary for reasons of national security as determined by the Secretary of
Defense, consistent with applicable law. In addition, consistent with applicable law,
nothing in this order shall limit agency actions to respond to emergencies posing an
unacceptable threat to human health or safety or to the marine environment and admitting
of no other feasible solution. (d) United States Coast Guard. Nothing in this order is
intended to limit the authority of the United States Coast Guard to enforce any Federal
law, or install or maintain aids to navigation. (e) Funding. This order shall be carried
out subject to the availability of appropriated funds and to the extent permitted by law.
(f) Territorial Waters. Nothing in this order shall enlarge or diminish the jurisdiction
or authority of the State of Hawaii or the United States over submerged or other lands
within the territorial waters off the coast of Hawaii. (g) Judicial Review. This order
does not create any right or benefit, substantive or procedural, enforceable in law or
equity by a party against the United States, its agencies, its officers, or any person.
WILLIAM J. CLINTON THE WHITE HOUSE, December 4, 2000. 
NATIONAL COMMISSION ON THE USE OF OFFESTS IN DEFENSE TRADE AND PRESIDENT'S COUNCIL ON THE
USE OF OFFESTS IN COMMERCIAL TRADE
By the authority vested in the President by the Constitution and the laws of the United
States of America, including Public Law 106-113 and the Federal Advisory Committee Act,
as amended (5 U.S.C. App. 2), and in order to implement section 1247 of Public Law
106-113 (113 Stat. 1501A-502) and to create a parallel President's Council on the Use of
Offsets in Commercial Trade, it is hereby ordered as follows: 
Section 1. Membership. Pursuant to Public Law 106-113, the National Commission on the Use
of Offsets in Defense Trade (Commission) comprises 11 members appointed by the President
with the concurrence of the Majority and Minority Leaders of the Senate and the Speaker
and the Minority Leader of the House of Representatives. The Commission membership
includes: (a) representatives from the private sector, including one each from (i) a
labor organization, (ii) a United States defense manufacturing company dependent on
foreign sales, (iii) a United States company dependent on foreign sales that is not a
defense manufacturer, and (iv) a United States company that specializes in inter-national
investment; (b) two members from academia with widely recognized expertise in
international economics; and (c) five members from the executive branch, including a
member from the: (i) Office of Management and Budget, (ii) Department of Commerce, (iii)
Department of Defense, (iv) Department of State, and (v) Department of Labor. The member
from the Office of Management and Budget will serve as Chairperson of the Commission and
will appoint, and fix the compensation of, the Executive Director of the Commission. 
Sec. 2. Duties. The Commission will be responsible for reviewing and reporting on: (a)
current practices by foreign governments in requiring offsets in purchasing agreements
and the extent and nature of offsets offered by United States and foreign defense
industry contractors; (b) the impact of the use of offsets on defense subcontractors and
nondefense industrial sectors affected by indirect offsets; and (c) the role of offsets,
both direct and indirect, on domestic industry stability, United States trade
competitiveness, and national security. 
Sec. 3. Commission Report. Not later than 12 months after the Commission is established,
it will report to the appropriate congressional committees. In addition to the items
described in section 2 of this order, the report will include: (a) an analysis of (i) the
collateral impact of offsets on industry sectors that may be different than those of the
contractor paying offsets, including estimates of contracts and jobs lost as well as an
assessment of damage to industrial sectors; (ii) the role of offsets with respect to
competitiveness of the United States defense industry in international trade and the
potential damage to the ability of United States contractors to compete if offsets were
prohibited or limited; and (iii) the impact on United States national security, and upon
United States nonproliferation objectives, of the use of co-production, subcontracting,
and technology transfer with foreign governments or companies, that results from
fulfilling offset requirements, with particular emphasis on the question of dependency
upon foreign nations for the supply of critical components or technology; (b) proposals
for unilateral, bilateral, or multilateral measures aimed at reducing any detrimental
effects of offsets; and (c) an identification of the appropriate executive branch
agencies to be responsible for monitoring the use of offsets in international defense
trade. 
Sec. 4. Administration, Compensation, and Termination. (a) The Department of Defense will
provide administrative support and funding for the Commission and Federal Government
employees may be detailed to the Commission without reimbursement. (b) Members of the
Commission who are not officers or employees of the Federal Government will be
compensated at a rate of basic pay prescribed for level IV of the Executive Schedule
under section 5315 of title 5, United States Code, for each day (including travel time)
during which such member is engaged in performance of the duties of the Commission.
Members of the Commission who are officers or employees of the Federal Government will
serve without compensation in addition to that received for their services as officers or
employees of the Federal Government. (c) Members of the Commission will be allowed travel
expenses, including per diem in lieu of subsistence, under subchapter 1 of chapter 57 of
title 5, United States Code, while on business in the performance of services for the
Commission. (d) The Commission will terminate 30 days after transmitting the report
required in section 1248(b) of Public Law 106-113 (113 Stat. 1501A-505). 
Sec. 5. Establishment and Membership. (a) There is established, pursuant to the Federal
Advisory Committee Act, as amended (5 U.S.C. App.), the President's Council on the Use of
Offsets in Commercial Trade (Council). (b) The Council shall be composed of the appointed
members of the Commission or their designees. 
Sec. 6. Duties and Report of the Council. The Council shall review and report to the
President, through the Director of the Office of Management and Budget, on the use of
offsets in commercial trade, including their impact on the United States defense and
commercial industrial base. The Council shall consult with and, as appropriate, provide
information to the Commission. 
Sec. 7. Administration. (a) The Department of Defense shall provide administrative
support and funding for the Council. (b) The heads of executive departments and agencies
shall, to the extent permitted by law, provide to the Council such information as it may
require for the purpose of carrying out its duties. (c) Members of the Council shall
serve without compensation. 
Sec. 8. General. (a) Notwithstanding any other Executive Order, the functions of the
President under the Federal Advisory Committee Act, as amended, except that of reporting
to the Congress, that are applicable to the Council, shall be performed by the Department
of Defense in accordance with guidelines that have been issued by the Administrator of
General Services. (b) The Council shall terminate on the date of the transmission of the
report required by section 1248(b) of Public Law 106-113 (113 Stat. 1501A-505). 
WILLIAM J. CLINTON THE WHITE HOUSE, December 4, 2000
TO PROTECT THE PRIVACY OF PROTECTED HEALTH INFORMATION IN OVERSIGHT INVESTIGATIONS
By the authority vested in me as President of the United States by the Constitution and
the laws of the United States of America, it is ordered as follows:
Section 1. Policy. It shall be the policy of the Government of the United States that law
enforcement may not use protected health information concerning an individual that is
discovered during the course of health oversight activities for unrelated civil,
administrative, or criminal investigations of a non-health oversight matter, except when
the balance of relevant factors weighs clearly in favor of its use. That is, protected
health information may not be so used unless the public interest and the need for
disclosure clearly outweigh the potential for injury to the patient, to the
physician-patient relationship, and to the treatment services. Protecting the privacy of
patients' protected health information promotes trust in the health care system. It
improves the quality of health care by fostering an environment in which patients can
feel more comfortable in providing health care professionals with accurate and detailed
information about their personal health. In order to provide greater protections to
patients' privacy, the Department of Health and Human Services is issuing final
regulations concerning the confidentiality of individually identifiable health
information under the Health Insurance Portability and Accountability Act of 1996
(HIPAA). HIPAA applies only to covered entities, such as health care plans, providers,
and clearinghouses. HIPAA regulations therefore do not apply to other organizations and
individuals that gain access to protected health information, including Federal officials
who gain access to health records during health oversight activities. Under the new HIPAA
regulations, health oversight investigators will appropriately have ready access to
medical records for oversight purposes. Health oversight investigators generally do not
seek access to the medical records of a particular patient, but instead review large
numbers of records to determine whether a health care provider or organization is
violating the law, such as through fraud against the Medicare system. Access to many
health records is often necessary in order to gain enough evidence to detect and bring
enforcement actions against fraud in the health care system. Stricter rules apply under
the HIPAA regulations, however, when law enforcement officials seek protected health
information in order to investigate criminal activity outside of the health oversight
realm. In the course of their efforts to protect the health care system, health oversight
investigators may also uncover evidence of wrongdoing unrelated to the health care
system, such as evidence of criminal conduct by an individual who has sought health care.
For records containing that evidence, the issue thus arises whether the information
should be available for law enforcement purposes under the less restrictive oversight
rules or the more restrictive rules that apply to non-oversight criminal investigations.
A similar issue has arisen in other circumstances. Under 18 U.S.C. 3486, an individual's
health records obtained for health oversight purposes pursuant to an administrative
subpoena may not be used against that individual patient in an unrelated investigation by
law enforcement unless a judicial officer finds good cause. Under that statute, a
judicial officer determines whether there is good cause by weighing the public interest
and the need for disclosure against the potential for injury to the patient, to the
physician-patient relationship, and to the treatment services. It is appropriate to
extend limitations on the use of health information to all situations in which the
government obtains medical records for a health oversight purpose. In recognition of the
increasing importance of protecting health information as shown in the medical privacy
rule, a higher standard than exists in 18 U.S.C. 3486 is necessary. It is, therefore, the
policy of the Government of the United States that law enforcement may not use protected
health information concerning an individual, discovered during the course of health
oversight activities for unrelated civil, administrative, or criminal investigations,
against that individual except when the balance of relevant factors weighs clearly in
favor of its use. That is, protected health information may not be so used unless the
public interest and the need for disclosure clearly outweigh the potential for injury to
the patient, to the physician-patient relationship, and to the treatment services.
Sec. 2. Definitions. (a) Health oversight activities shall include the oversight
activities enumerated in the regulations concerning the confidentiality of individually
identifiable health information promulgated by the Secretary of Health and Human Services
pursuant to the Health Insurance Portability and Accountability Act of 1996, as amended.
(b) Protected health information shall have the meaning ascribed to it in the regulations
concerning the confidentiality of individually identifiable health information
promulgated by the Secretary of Health and Human Services pursuant to the Health
Insurance Portability and Accountability Act of 1996, as amended. (c) Injury to the
patient includes injury to the privacy interests of the patient. 
Sec. 3. Implementation. (a) Protected health information concerning an individual patient
discovered during the course of health oversight activities shall not be used against
that individual patient in an unrelated civil, administrative, or criminal investigation
of a non-health oversight matter unless the Deputy Attorney General of the U.S Department
of Justice, or insofar as the protected health information involves members of the Armed
Forces, the General Counsel of the U.S. Department of Defense, has authorized such use.
(b) In assessing whether protected health information should be used under subparagraph
(a) of this section, the Deputy Attorney General shall permit such use upon concluding
that the balance of relevant factors weighs clearly in favor of its use. That is, the
Deputy Attorney General shall permit disclosure if the public interest and the need for
dis-closure clearly outweigh the potential for injury to the patient, to the
physician-patient relationship, and to the treatment services. (c) Upon the decision to
use protected health information under subparagraph (a) of this section, the Deputy
Attorney General, in determining the extent to which this information should be used,
shall impose appropriate safeguards against unauthorized use. (d) On an annual basis, the
Department of Justice, in consultation with the Department of Health and Human Services,
shall provide to the President of the United States a report that includes the following
information: (i) the number of requests made to the Deputy Attorney General for
authorization to use protected health information discovered during health oversight
activities in a non-health oversight, unrelated investigation; (ii) the number of
requests that were granted as applied for, granted as modified, or denied; (iii) the
agencies that made the applications, and the number of requests made by each agency; and
(iv) the uses for which the protected health information was authorized. (e) The General
Counsel of the U.S. Department of Defense will comply with the requirements of
subparagraphs (b), (c), and (d), above. The General Counsel also will prepare a report,
consistent with the requirements of subparagraphs (d)(i) through (d)(iv), above, and will
forward it to the Department of Justice where it will be incorporated into the
Department's annual report to the President. 
Sec. 4. Exceptions. (a) Nothing in this Executive Order shall place a restriction on the
derivative use of protected health information that was obtained by a law enforcement
agency in a non-health oversight investigation. (b) Nothing in this Executive Order shall
be interpreted to place a restriction on a duty imposed by statute. (c) Nothing in this
Executive Order shall place any additional limitation on the derivative use of health
information obtained by the Attorney General pursuant to the provisions of 18 U.S.C.
3486. (d) This order does not create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, the officers and employees, or
any other person.
WILLIAM J. CLINTON THE WHITE HOUSE, December 20, 2000 
CONSULTATION AND COORDINATION WITH INDIAN TRIBAL GOVERNMENTS
By the authority vested in me as President by the Constitution and the laws of the United
States of America, and in order to establish regular and meaningful consultation and
collaboration with tribal officials in the development of Federal policies that have
tribal implications, to strengthen the United States government-to-government
relationships with Indian tribes, and to reduce the imposition of unfunded mandates upon
Indian tribes; it is hereby ordered as follows: 
Section 1. Definitions. For purposes of this order: (a) Policies that have tribal
implications refers to regulations, legislative comments or proposed legislation, and
other policy statements or actions that have substantial direct effects on one or more
Indian tribes, on the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal Government and
Indian tribes. (b) Indian tribe means an Indian or Alaska Native tribe, band, nation,
pueblo, village, or community that the Secretary of the Interior acknowledges to exist as
an Indian tribe pursuant to the Federally Recognized Indian Tribe List Act of 1994, 25
U.S.C. 479a. (c) Agency means any authority of the United States that is an agency under
44 U.S.C. 3502(1), other than those considered to be independent regulatory agencies, as
defined in 44 U.S.C. 3502(5). (d) Tribal officials means elected or duly appointed
officials of Indian tribal governments or authorized intertribal organizations.
Sec. 2. Fundamental Principles. In formulating or implementing policies that have tribal
implications, agencies shall be guided by the following fundamental principles: (a) The
United States has a unique legal relationship with Indian tribal governments as set forth
in the Constitution of the United States, treaties, statutes, Executive Orders, and court
decisions. Since the formation of the Union, the United States has recognized Indian
tribes as domestic dependent nations under its protection. The Federal Government has
enacted numerous statutes and promulgated numerous regulations that establish and define
a trust relationship with Indian tribes. (b) Our Nation, under the law of the United
States, in accordance with treaties, statutes, Executive Orders, and judicial decisions,
has recognized the right of Indian tribes to self-government. As domestic dependent
nations, Indian tribes exercise inherent sovereign powers over their members and
territory. The United States continues to work with Indian tribes on a
government-to-government basis to address issues concerning Indian tribal
self-government, tribal trust resources, and Indian tribal treaty and other rights. (c)
The United States recognizes the right of Indian tribes to self-government and supports
tribal sovereignty and self-determination. 
Sec. 3. Policymaking Criteria. In addition to adhering to the fundamental principles set
forth in section 2, agencies shall adhere, to the extent permitted by law, to the
following criteria when formulating and implementing policies that have tribal
implications: (a) Agencies shall respect Indian tribal self-government and sovereignty,
honor tribal treaty and other rights, and strive to meet the responsibilities that arise
from the unique legal relationship between the Federal Government and Indian tribal
governments. (b) With respect to Federal statutes and regulations administered by Indian
tribal governments, the Federal Government shall grant Indian tribal governments the
maximum administrative discretion possible. (c) When undertaking to formulate and
implement policies that have tribal implications, agencies shall: (1) encourage Indian
tribes to develop their own policies to achieve program objectives; (2) where possible,
defer to Indian tribes to establish standards; and (3) in determining whether to
establish Federal standards, consult with tribal officials as to the need for Federal
standards and any alternatives that would limit the scope of Federal standards or
otherwise preserve the prerogatives and authority of Indian tribes.
Sec. 4. Special Requirements for Legislative Proposals. Agencies shall not submit to the
Congress legislation that would be inconsistent with the policymaking criteria in Section
3.
Sec. 5. Consultation. (a) Each agency shall have an accountable process to ensure
meaningful and timely input by tribal officials in the development of regulatory policies
that have tribal implications. Within 30 days after the effective date of this order, the
head of each agency shall designate an official with principal responsibility for the
agency's implementation of this order. Within 60 days of the effective date of this
order, the designated official shall submit to the Office of Management and Budget (OMB)
a description of the agency's consultation process. (b) To the extent practicable and
permitted by law, no agency shall promulgate any regulation that has tribal implications,
that imposes substantial direct compliance costs on Indian tribal governments, and that
is not required by statute, unless: (1) funds necessary to pay the direct costs incurred
by the Indian tribal government or the tribe in complying with the regulation are
provided by the Federal Government; or (2) the agency, prior to the formal promulgation
of the regulation, (A) consulted with tribal officials early in the process of developing
the proposed regulation; (B) in a separately identified portion of the preamble to the
regulation as it is to be issued in the Federal Register, provides to the Director of OMB
a tribal summary impact statement, which consists of a description of the extent of the
agency's prior consultation with tribal officials, a summary of the nature of their
concerns and the agency's position supporting the need to issue the regulation, and a
statement of the extent to which the concerns of tribal officials have been met; and (C)
makes available to the Director of OMB any written communications submitted to the agency
by tribal officials. (c) To the extent practicable and permitted by law, no agency shall
promulgate any regulation that has tribal implications and that preempts tribal law
unless the agency, prior to the formal promulgation of the regulation, (1) consulted with
tribal officials early in the process of developing the proposed regulation; (2) in a
separately identified portion of the preamble to the regulation as it is to be issued in
the Federal Register, provides to the Director of OMB a tribal summary impact statement,
which consists of a description of the extent of the agency's prior consultation with
tribal officials, a summary of the nature of their concerns and the agency's position
supporting the need to issue the regulation, and a statement of the extent to which the
concerns of tribal officials have been met; and (3) makes available to the Director of
OMB any written communications submitted to the agency by tribal officials. (d) On issues
relating to tribal self-government, tribal trust resources, or Indian tribal treaty and
other rights, each agency should explore and, where appropriate, use consensual
mechanisms for developing regulations, including negotiated rulemaking.
Sec. 6. Increasing Flexibility for Indian Tribal Waivers. (a) Agencies shall review the
processes under which Indian tribes apply for waivers of statutory and regulatory
requirements and take appropriate steps to streamline those processes. (b) Each agency
shall, to the extent practicable and permitted by law, consider any application by an
Indian tribe for a waiver of statutory or regulatory requirements in connection with any
program administered by the agency with a general view toward increasing opportunities
for utilizing flexible policy approaches at the Indian tribal level in cases in which the
proposed waiver is consistent with the applicable Federal policy objectives and is
otherwise appropriate. (c) Each agency shall, to the extent practicable and permitted by
law, render a decision upon a complete application for a waiver within 120 days of
receipt of such application by the agency, or as otherwise provided by law or regulation.
If the application for waiver is not granted, the agency shall provide the applicant with
timely written notice of the decision and the reasons therefor. (d) This section applies
only to statutory or regulatory requirements that are discretionary and subject to waiver
by the agency. 
Sec. 7. Accountability. (a) In transmitting any draft final regulation that has tribal
implications to OMB pursuant to Executive Order 12866 of September 30, 1993, each agency
shall include a certification from the official designated to ensure compliance with this
order stating that the requirements of this order have been met in a meaningful and
timely manner. (b) In transmitting proposed legislation that has tribal implications to
OMB, each agency shall include a certification from the official designated to ensure
compliance with this order that all relevant requirements of this order have been met.
(c) Within 180 days after the effective date of this order the Director of OMB and the
Assistant to the President for Intergovernmental Affairs shall confer with tribal
officials to ensure that this order is being properly and effectively implemented.
Sec. 8. Independent Agencies. Independent regulatory agencies are encouraged to comply
with the provisions of this order.
Sec. 9. General Provisions. (a) This order shall supplement but not supersede the
requirements contained in Executive Order 12866 (Regulatory Planning and Review),
Executive Order 12988 (Civil Justice Reform), OMB Circular A-19, and the Executive
Memorandum of April 29, 1994, on Government-to-Government Relations with Native American
Tribal Governments. (b) This order shall complement the consultation and waiver
provisions in sections 6 and 7 of Executive Order 13132 (Federalism). (c) Executive Order
13084 (Consultation and Coordination with Indian Tribal Governments) is revoked at the
time this order takes effect. (d) This order shall be effective 60 days after the date of
this order. Sec. 10. Judicial Review. This order is intended only to improve the internal
management of the executive branch, and is not intended to create any right, benefit, or
trust responsibility, substantive or procedural, enforceable at law by a party against
the United States, its agencies, or any person. 
WILLIAM J. CLINTON THE WHITE HOUSE, November 6, 2000. 
INCREASING OPPORTUNITIES AND ACCESS FOR DISADVANTAGED BUSINESSES
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including the Small Business Act (15 U.S.C. 631 et seq.), section 7102
of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355, 15 U.S.C. 644
note), the Office of Federal Procurement Policy Act (41 U.S.C. 403 et seq.), Executive
Order 11625, and to provide for increased access for disadvantaged businesses to Federal
contracting opportunities, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the executive branch to ensure nondiscrimination
in Federal procurement opportunities for businesses in the Small Disadvantaged Business
Program (SDBs), businesses in the section 8(a) Business Development program of the Small
Business Administration (8(a)s), and Minority Business Enterprises (MBEs) as defined in
section 6 of Executive Order 11625, of October 13, 1971, and to take affirmative action
to ensure inclusion of these businesses in Federal contracting. These businesses are of
vital importance to job growth and the economic strength of the United States but have
faced historic exclusion and underutilization in Federal procurement. All agencies within
the executive branch with procurement authority are required to take all necessary steps,
as permitted by law, to increase contracting between the Federal Government and SDBs,
8(a)s, and MBEs. 
Sec. 2. Responsibilities of Executive Departments and Agencies with Procurement
Authority. The head of each executive department and agency shall carry out the terms of
this order and shall designate, where appropriate, his or her Deputy Secretary or
equivalent to implement the terms of this order. (a) Each department and agency with
procurement authority shall: (i) aggressively seek to ensure that 8(a)s, SDBs, and MBEs
are aware of future prime contracting opportunities through wide dissemination of
contract announcements, including sources likely to reach 8(a)s, SDBs, other small
businesses, and MBEs. Each department and agency shall use all available forms of
communication to implement this provision, including the Internet, speciality press, and
trade press; (ii) work with the Small Business Administration (SBA) to ensure that
information regarding sole source contracts awarded through the section 8(a) program
receives the widest dissemination possible to 8(a)s; (iii) ensure that the price
evaluation preference programs authorized by the Federal Acquisition Streamlining Act of
1994 are used to the maximum extent permitted by law in areas of economic activity in
which SDBs have historically been underused; (iv) aggressively use the firms in the
section 8(a) program, particularly in the developmental stage of the program, so that
these firms have an opportunity to overcome artificial barriers to Federal contracting
and gain access to the Federal procurement arena; (v) ensure that department and agency
heads take all reasonable steps so that prime contractors meet or exceed Federal
subcontracting goals, and enforce subcontracting commitments as required by the Small
Business Act (15 U.S.C. 637(d)) and other related laws. In particular, they shall ensure
that prime contractors actively solicit bids for subcontracting opportunities from 8(a)s
and SDBs, and fulfill their SDB and section 8(d) subcontracting obligations. Enforcement
of SDB subcontracting plan commitments shall include assessments of liquidated damages,
where appropriate, pursuant to applicable contract clauses; (vi) encourage the
establishment of business-to-business mentoring and teaming relationships, including the
implementation of Mentor-Protege programs, to foster the development of the technical and
managerial capabilities of 8(a)s and SDBs and to facilitate long-term business
relationships; (vii) offer information, training, and technical assistance programs for
8(a)s and SDBs including, where appropriate, Government acquisition forecasts in order to
assist 8(a)s and SDBs in developing their products, skills, business planning practices,
and marketing techniques; (viii) train program and procurement officials regarding the
policy of including 8(a)s and SDBs in Federal procurement. This includes prescribing
procedures to ensure that acquisition planners, to the maximum extent practicable,
structure acquisitions to facilitate competition by SDBs and 8(a)s, including their
participation in the competition of multiple award requirements; (ix) provide the
information required by the Department of Commerce when it requests data to develop the
benchmarks used in the price evaluation preference programs authorized by the Federal
Acquisition Streamlining Act of 1994; (x) ensure that Directors of Offices of Small and
Disadvantaged Business Utilization carry out their responsibilities to maximize the
participation of 8(a)s and SDBs in Federal procurement and, in particular, ensure that
the Directors report directly to the head of each department or agency as required by
law; and (xi) as required by law, establish with the Small Business Administration small
business goals to ensure that the government-wide goal for participation of small
business concerns is not less than 23 percent of Federal prime contracts. Where feasible
and con-sistent with the effective and efficient performance of its mission, each agency
shall establish a goal of achieving a participation rate for SDBs of not less than 5
percent of the total value of prime contract awards for each fiscal year and of not less
than 5 percent of the total value of subcontract awards for each year. Each agency shall
also establish a goal for awards made to 8(a) firms pursuant to section 8(a) of the Small
Business Act. These goals shall be considered the minimum goals and every effort shall be
taken to exceed these goals wherever feasible. (b) Each department and agency with
procurement authority shall: (i) develop a long-term comprehensive plan to implement the
requirements of section 2(a) of this order and submit this plan to the Director of the
Office of Management and Budget (OMB) within 90 days of the date of this order. The
Director of OMB shall review each plan and report to the President on the sufficiency of
each plan to carry out the terms of this order; and (ii) annually, by April 30 each year,
assess its efforts and the results of those efforts to increase utilization of 8(a)s,
SDBs, and MBEs as both prime contractors and subcontractors and report on those efforts
to the President through the Director of OMB, who shall review the evaluations made of
the agency assessments by the Small Business Administration. 
Sec. 3. Responsibilities of the Small Business Administration. The Administrator of the
SBA shall: (a) evaluate on a semi-annual basis, using the Federal Procurement Data System
(FPDS), the achievement of government-wide prime and subcontract goals and the actual
prime and subcontract awards to 8(a)s and SDBs for each department and agency. The OMB
shall review SBA's evaluation; (b) ensure that Procurement Center Representatives receive
adequate training regarding the section 8(a) and SDB programs and that they consistently
and aggressively seek opportunities for maximizing the use of 8(a)s and SDBs in
department and agency procurements; and (c) ensure that each department and agency's
small and disadvantaged business procurement goals as well as the amount of procurement
of each department and agency with 8(a)s, SDBs, and MBEs is publicly available in an
easily accessible and understandable format such as through publication on the Internet.
Sec. 4. Federal Advertising. Each department or agency that contracts with businesses to
develop advertising for the department or agency or to broadcast Federal advertising
shall take an aggressive role in ensuring substantial minority-owned entities'
participation, including 8(a), SDB, and MBE, in Federal advertising-related procurements.
Each department and agency shall ensure that all creation, placement, and transmission of
Federal advertising is fully reflective of the Nation's diversity. To achieve this
diversity, special attention shall be given to ensure placement in publications and
television and radio stations that reach specific ethnic and racial audiences. Each
department and agency shall ensure that payment for Federal advertising is commensurate
with fair market rates in the relevant market. Each department and agency shall structure
advertising contracts as commercial acquisitions consistent with part 12 of the Federal
Acquisition Regulation processes and paperwork to enhance participation by 8(a)s, SDBs,
and MBEs.
Sec. 5. Information Technology. Each department and agency shall aggressively seek to
ensure substantial 8(a), SDB, and MBE participation in procurements for and related to
information technology, including procurements in the telecommunications industry. In so
doing, the Chief Information Officer in each department and agency shall coordinate with
procurement officials to implement this section.
Sec. 6. General Services Administration Schedules. The SBA and the General Services
Administration (GSA) shall act promptly to expand inclusion of 8(a)s and SDBs on GSA
Schedules, and provide greater opportunities for 8(a) and SDB participation in orders
under such schedules. The GSA should ensure that procurement and program officials at all
levels that use GSA Schedules aggressively seek to utilize the Schedule contracts of
8(a)s and SDBs. The GSA shall allow agencies ordering from designated 8(a) firms under
the Multiple Award Schedule to count those orders toward their 8(a) procurement goals. 
Sec. 7. Bundling Contracts. To the extent permitted by law, departments and agencies must
submit to the SBA for review any contracts that are proposed to be bundled. The
determina-tion of the SBA with regard to the appropriateness of bundling in each instance
must be carefully reviewed by the department or agency head, or his or her designee, and
must be given due consideration. If there is an unresolvable conflict, then the SBA or
the department or agency can seek assistance from the OMB. Sec. 8. Awards Program. The
Secretary of Commerce and the Administrator of the SBA shall jointly undertake a
feasibility study to determine the appropriateness of an awards program for executive
departments and agencies who best exemplify the letter and intent of this order in
increasing opportunities for 8(a)s, SDBs, and MBEs in Federal procurement. Such study
shall be presented to the President within 90 days of the date of this order.
Sec. 9. Applicability. Independent agencies are requested to comply with the provisions
of this order. Sec. 10. Administration, Enforcement, and Judicial Review. (a) This order
shall be carried out to the extent permitted by law and consistent with the
Administration's priorities and appropriations. (b) This order is not intended and should
not be construed to create any right or benefit, substantive or procedural, enforceable
at law by a party against the United States, its agencies, its officers, or its
employees. 
WILLIAM J. CLINTON THE WHITE HOUSE, October 6, 2000. 
ASSISTANCE TO SMALL BUSIENSS EXPORTERS AND DISCLOCATED WORKERS
By the authority vested in me as President by the Constitution and the laws of the United
States of America, including the Small Business Act, 15 U.S.C. 631 et seq., the Workforce
Investment Act, 29 U.S.C. 2801 et seq., and the Trade Act of 1974, 19 U.S.C. 2271 et
seq., and in order to assist small businesses, including businesses headed by undeserved
populations, in participating in the export of products, and to expedite the delivery of
adjustment assistance to dislocated workers, it is hereby ordered as follows: 
Section 1. Policy. By its accession to the World Trade Organization, the People's
Republic of China will be required to open its markets to a wide range of products and
services provided by Americans. In addition, the United States has recently enacted a new
law to facilitate trade with the countries of Sub-Saharan Africa and the Caribbean Basin.
Federal agencies should take steps to assist small businesses, including businesses
headed by undeserved populations, in capitalizing on these new opportunities. The
agencies should also take steps to assist workers who lose their jobs as a result of
competition from imports in their efforts to secure adjustment assistance benefits for
which they are eligible. 
Sec. 2. Interagency Task Force on Small Business Exports. (a) The Secretaries of Commerce
and Labor, the Administrator of the Small Business Administration, the United States
Trade Representative, and the Chairman of the export-import Bank shall, within 60 days
from the date of this order, establish an interagency task force through the Trade
Promotion Coordinating Committee (TPCC). The task force shall facilitate exports by
United States small businesses, including businesses headed by undeserved populations,
particularly with respect to the People's Republic of China and the countries of
Sub-Saharan Africa and the Caribbean Basin. The TPCC shall submit an annual report to the
President on the functions carried out by this task force during the preceding year. As
part of its work, the task force shall assess the extent to which the establishment of
permanent normal trade relations with the People's Republic of China, and the United
States enactment of the African Growth and Opportunity Act, 19 U.S.C.A. 3701 et seq., and
the United States- Caribbean Basin Trade Partnership Act, 19 U.S.C.A. 2701 note, may
contribute to the creation of export opportunities for small businesses including
businesses headed by undeserved populations. (b) For the purposes of this order,
businesses headed by undeserved populations means businesses headed by women or
minorities, and/or located in rural communities.
Sec. 3. Expedited Response to Worker Dislocation. (a) The Secretary of Labor shall
expedite the Federal response to worker dislocation through the Workforce Investment Act
and the Trade Adjustment Assistance program by proactively seeking information, from a
variety of sources, on actual or prospective layoffs, including the media and community
and labor union members, and by sharing such information with appropriate state workforce
officials. In addition, the Department of Labor (Labor) shall undertake a number of
proactive steps to support public outreach activities aimed at workers, employers, the
media, local officials, the community, and labor organizations and their members to
improve awareness of the adjustment assistance available through Labor programs,
including, but not limited to: (1) developing a set of methods to inform employers of the
services available through Labor workforce programs, which will explain the requirements
of the Worker Adjustment and Retraining Notification Act, 29 U.S.C. 2101 et seq., and
provide information on worker adjustment programs, including the Trade Adjustment
Assistance and the basic dislocated worker programs, emphasizing the importance of early
intervention to minimize the affects of work layoffs; (2) improving websites and other
modes of communication to provide basic information on dislocated worker and Trade
Adjustment Assistance program contacts at the State and local level; (3) developing a
National Toll-Free Help Line to provide universal, accurate, and easy access to
information about public workforce services to workers and employers; (4) providing
on-site technical assistance, in partnership with other Federal agencies, when there are
layoffs or closures with multi-State impact, or when there are dislocations with
significant community impact (such as areas that have been affected by numerous layoffs
of apparel and textile workers); (5) informing States directly when a secondary worker
impact has been affirmed by Labor; and (6) to the extent permitted by law, and subject to
the availability of appropriations, providing funding or an outreach campaign for
secondary workers (i.e., individuals indirectly affected by increased imports from other
countries). (b) The Secretary of Labor, in consultation with the Secretary of Commerce
and the United States Trade Representative, shall report annually on the employment
effects of the establishment of permanent normal trade relations with the People's
Republic of China. 
Sec. 4. Judicial Review. This order does not create any right or benefit, substantive or
procedural, enforceable at law by a party against the United States, its officers, its
employees, or any other person. 
WILLIAM J. CLINTON THE WHITE HOUSE, October 6, 2000 
*President Clinton has added an additional Executive Order to the list. This particular
order as many people beliefs, has the capability of taking virtually all power away from
Legal State governments and placing it in the hands of the President at a single stroke
of the pen. This Presidential Executive Order has been placed on the review docket of the
US Congress in order to determine its legality and Constitutionality. 
May 14, 1998
EXECUTIVE ORDER
FEDERALISM
By the authority vested in me as President by the Constitution and the laws of the United
States of America, and in order to guarantee the division of governmental
responsibilities, embodied in the Constitution, between the Federal Government and the
States that was intended by the Framers and application of those principles by the
Executive departments and agencies in the formulation and 
implementation of policies, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order: (a) State or States refer to the
States of the United States of America, individually or collectively, and, where
relevant, to State governments, including units of local government and other political
subdivisions established by the States. (b) Policies that have federalism implications
refers to Federal regulations, proposed legislation, and other policy statements or
actions that have substantial direct effects on the States or on the relationship, or the
distribution of power and responsibilities, between the Federal Government and the
States. (c) Agency means any authority of the United States that 
is an agency under 44 U.S.C. 3502(1), other than those considered to be independent
regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 2. Fundamental Federalism Principles. In formulating and implementing policies that
have federalism implications, agencies shall be guided by the following fundamental
federalism principles: (a) The structure of government established by the Constitution is
premised upon a system of checks and balances. (b) The Constitution created a Federal
Government of supreme, but limited, powers. The sovereign powers not granted to the
Federal Government are reserved to the people or to the States, unless prohibited to the
States by the Constitution. (c) Federalism reflects the principle that dividing power
between the Federal Government and the States serves to protect individual liberty.
Preserving State authority provides an essential balance to the power of the Federal
Government, while preserving the supremacy of Federal law provides an essential balance
to the power of the States. (d) The people of the States are at liberty, subject only to
the limitations in the Constitution itself or in Federal law, to define the moral,
political, and legal character of their lives. (e) Our constitutional system encourages a
healthy diversity in the public policies adopted by the people of the several States
according to their own conditions, needs, and desires. States and local governments are
often uniquely situated to discern the sentiments of the people and to govern
accordingly. (f) Effective public policy is often achieved when there is competition
among the several States in the fashioning of different approaches to public policy
issues. The search for enlightened public policy is often furthered when individual
States and local governments are free to experiment with a variety of approaches to
public issues. Uniform, national approaches to public policy problems can inhibit the
creation of effective solutions to those problems. (g) Policies of the Federal Government
should recognize the responsibility of -- and should encourage opportunities for --
States, local governments, private associations, neighborhoods, families, and individuals
to achieve personal, social, environmental, and economic objectives through cooperative
effort.
Sec. 3. Federalism Policy making Criteria. In addition to adhering to the fundamental
federalism principles set forth in section 2 of this order, agencies shall adhere, to the
extent permitted by law, to the following criteria when formulating and implementing
policies that have federalism implications: (a) There should be strict adherence to
constitutional principles. Agencies should closely examine the constitutional and
statutory authority supporting any Federal action that would limit the policy making
discretion of States and local governments, and should carefully assess the necessity for
such actions. (b) Agencies may limit the policy making discretion of States and local
governments only after determining that there is constitutional and legal authority for
the action.(c) With respect to Federal statutes and regulations administered by States
and local governments, the Federal Government should grant 
States and local governments the maximum administrative discretion possible. Any Federal
oversight of such State and local administration should not unnecessarily intrude on
State and local discretion. (d) It is important to recognize the distinction between
matters of national or multi-state scope (which may justify Federal action) and matters
that are merely common to the States (which may not justify Federal action because
individual States, acting individually or together, may effectively deal with them).
Matters of national or multi-state scope that justify Federal action may arise in a
variety of circumstances, including: (1) When the matter to be addressed by Federal
action occursinterstate as opposed to being contained within one State's boundaries. (2)
When the source of the matter to be addressed occurs in a State different from the State
(or States) where a significant amount of the harm occurs. (3) When there is a need for
uniform national standards. (4) When decentralization increases the costs of government
thus imposing additional burdens on the taxpayer. (5) When States have not adequately
protected individual rights and liberties. (6) When States would be reluctant to impose
necessary regulations because of fears that regulated business activity will relocate to
other States. (7) When placing regulatory authority at the State or local level would
undermine regulatory goals because high costs or demands for specialized expertise will
effectively place the regulatory matter beyond the resources of State authorities. (8)
When the matter relates to Federally owned or managed property or natural resources,
trust obligations, or international obligations. (9) When the matter to be regulated
significantly or uniquely affects Indian tribal governments.
Sec. 4. Consultation.(a) Each agency shall have an effective process to permit
electedofficials and other representatives of State and local governments toprovide
meaningful and timely input in the development of regulatory policies that have
federalism implications. (b) To the extent practicable and permitted by law, no agency 
shall promulgate any regulation that is not required by statute, that has federalism
implications, and that imposes substantial direct compliance costs on States and local
governments, unless: (1) funds necessary to pay the direct costs incurred by the State or
local government in complying with the regulation are provided by the Federal Government;
or (2) the agency, prior to the formal promulgation of the regulation (A) in a separately
identified portion of the preamble to the regulation as it is to be issued in the Federal
Register, provides to the Director of the Office of Management and Budget a description
of the extent of the agency's prior consultation with representatives of affected States
and local governments, a summary of the nature of their concerns, and the agency's
position supporting the need to issue the regulation; (B) makes available to the Director
of the Office of Management and Budget any written communications submitted to the 
agency by States or local governments.
Sec. 5. Increasing Flexibility for State and Local Waivers. (a) Agencies shall review the
processes under which States and local governments apply for waivers of statutory and
regulatory requirements and take appropriate steps to streamline those processes. (b)
Each agency shall, to the extent practicable and permitted by law, consider any
application by a State or local government for a waiver of statutory or regulatory
requirements in connection with 
any program administered by that agency with a general view towardincreasing
opportunities for utilizing flexible policy approaches at the State or local level in
cases in which the proposed waiver is consistent with applicable Federal policy
objectives and is otherwise appropriate. (c) Each agency shall, to the extent practicable
and permitted 
by law, render a decision upon a complete application for a waiver within 120 days of
receipt of such application by the agency. If the application for a waiver is not
granted, the agency shall provide the applicant with timely written notice of the
decision and the reasons therefor. (d) This section applies only to statutory or
regulatoryrequirements that are discretionary and subject to waiver by the agency.
Sec. 6. Independent Agencies. Independent regulatory agencies are encouraged to comply
with the provisions of this order.
Sec. 7. General Provisions. (a) This order is intended only to improve the internal
management of the executive branch and is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or equity by a party against
the United States, its agencies or instrumentalities, its officers or employees, or any
other person. (b) This order shall supplement but not supersede the requirementscontained
in Executive Order 12866 (Regulatory Planning and Review),Executive Order 12988 (Civil
Justice Reform), and OMB Circular A-19. (c) Executive Order 12612 of October 26, 1987,
and Executive Order12875 of October 26, 1993, are revoked.
(d) The consultation and waiver provisions in sections 4 and 5 ofthis order shall
complement the Executive order entitled, Consultation and Coordination with Indian Tribal
Governments, being issued on this
day. (e) This order shall be effective 90 days after the date of this order.
WILLIAM J. CLINTON THE WHITE HOUSE May 14, 1998
This order basically says that any State that is not following the Federal guidelines on
Federal regulations can be forced to comply with those guidelines whether they want to or
not. 
Now What? The Appointment Process at Century's End
Published at the time of the 1996 election, Obstacle Course was a report card on the
status of the presidential appointment process. Many of the grades were not very high.
Where do things stand one year later?
The procedural burden noted a year ago has not abated in any appreciable way. Nominees
today have as many questionnaires and forms to fill out, as many checks to undergo, as
much scrutiny to endure, as they ever have. Securing a presidential appointment is a long
and winding road. Nothing has happened in the past year to straighten it out. The
Twentieth Century Fund has initiated an effort to mitigate matters somewhat by using the
Internet and other modern communications technologies to improve and speed up the
orientation of new appointees and their journey through the appointment process. That
will help. But without a commitment to simplify and rationalize the process from
political leaders at both ends of Pennsylvania Avenue, significant reduction in the
procedural burden will not occur.
The task of filling these positions continues to overwhelm the processes for doing so.
And the number of positions continues to expand beyond any rational calculation of
genuine need. Even as federal civilian employment has shrunk by more than a quarter of a
million since President Clinton came to office, no concomitant shrinkage has occurred in
the ranks of noncareer appointees. By accumulation, rather than careful design, the
number of management layers in government has steadily grown. So, too, has the number of
presidential appointees. There are forty-three times more appointees in the federal
government today than there were in 1935, five times as many as in 1960. There are so
many, in fact, that vacancy rates normally run between a quarter and a third. Obstacle
Course called for a one-third cut in the number of appointees. Current practice suggests
they would not be missed. 
The appointment process in 1997 has seen the full flowering of a number of trends that
had sprouted in the previous decade. What has long been called the presidential
appointment process is often not that now. The formal role of the president remains the
same, but power has steadily accreted to the Senate, and even to individual senators.
When a senator can say of a nominee, he's not my kind of nominee, and then decline even
to permit a committee review of the president's choice, how can anyone accurately call
this the presidential appointment process? And when presidents acquiesce to this
development, how can one expect anything other than its acceleration? 
In a Senate-driven appointment process, standards, as they are called, have been raised
to an all-time high. The bar to entry has been steadily ratcheted upward. It is hard to
imagine much more that can be done to make public service--or rather entry into public
service--less attractive to talented citizens. Something like a prolonged root canal
without anesthesia, former director of central intelligence Robert M. Gates called his
passage through the process. 
A great many Americans, of sorts who in previous generations provided extraordinary
public service, no longer qualify as presidential appointees. Not because they are crooks
or cheats but because they have been engaged in activities--often on the cutting edge of
progress--that immersed them in lawsuits, closely connected them with foreign governments
or unsavory clients, or made them very rich. Controversy has been part of their lives, as
it often is when creative people push the envelope. 
Many such people now have no interest in being presidential appointees, even if the
opportunity presents itself. They have no wish to have every aspect of their personal and
professional lives scraped over by the president's enemies. They do not want to be held
hostage for months on end in a policy battle between the administration and a single
senator. They do not want to be drawn into political endgames in which they have no
stake. They only want to serve their country. But the price of that service has become
too high.
What is most distressing ultimately is the transcendent loss of purpose in the
appointment process. The American model did not always work perfectly, but it was
informed by a grand notion. The business of the people would be managed by leaders drawn
from the people. Cincinnatus, in-and-outers, noncareer managers--with every election
would come a new sweep of the country for high energy and new ideas and fresh visions.
The president's team would assume its place and impose the people's wishes on the great
agencies of government. Not infrequently, it actually worked that way.
But these days, the model fails on nearly all counts. Most appointees do not come from
the countryside, brimming with new energy and ideas. Much more often they come from
congressional staffs or think tanks or interest groups--not from across the country but
from across the street: interchangeable public elites, engaged in an insiders' game. The
Federal Reserve Board of Governors during Clinton's presidency has been bereft of bankers
because so few bankers are willing to come to Washington under current rules and
practices. The position of solicitor general, traditionally reserved for a prominent law
professor, went in the second Clinton term to an administration insider. Two vacant seats
on the Security and Exchange Commission were filled in 1997 not by people with broad
experience in the financial markets or as state regulators but by a thirty-six-year-old
congressional staffer and a thirty-four-year-old White House lobbyist. So it has gone, in
this administration and those immediately preceding it.