Petition for Writ of Certiorari — Meghan Kelly, Petitioner v. Disciplinary Counsel Patricia B. Swartz, et al.

Supreme Court briefOct 18, 2023

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What actually matters in this document.

Text

Case 1:21-cv-01490-CFC Document 348 Filed 02/23/24 Page 1 of 9 PageID #: 40568

UNITED STATES DISTRICT COURT IN THE DISTRICT OF DELAWARE

Meghan Kelly

Plaintiff,

Disciplinary Counsel Patricia B.

Swartz, et.al

Defendants.

)

Civil Action No.: 1:21-1490 (CFC)

PLAINTIFF MEGHAN KELLY’S 176th Affidavit

Comes now Plaintiff Meghan Kelly, I declare and affirm that the foregoing statement is

true and correct.

Attached please find an E-mail I sent to gain clarity since similar to the November

6, 2023 Supplemental brief in the PA Case submitted physically on November 6, 2023 in No. 227695, 22A981, Kelly v Office of Disciplinary counsel, aka Pennsylvania Disciplinary Counsel

on Petition for Writ of Certiorari to the Supreme Court of Pennsylvania, Western District of PA,

Case Number 2913 DD3 titled, Petitioner Meghan M. Kelly’s Supplemental Brief to provide

additional information not previously available on how private partnerships with the UN is

schemed to be used to eliminate judicial authority in open and by stealth, Petitioner’s belief the

courts are in danger especially with the debt ceiling approaching November 17, 2023 with no

agreement to date, and the convening of Congress October 19, 2023 to attack Justice Thomas

and the integrity of the court by subpoenaing witnesses to be used against Justice Thomas and

the Court, which was neither accepted nor rejected with opportunity to cure any alleged

defects in conformity with case law, the January 23, 2024 Emergency application to Robert

Meek to give to Alito to petition to please cure defect in inadvertently mailing back papers Chief

Justice Roberts and the Court requires to fairly, fully and publicly determine petitions in this

proceeding. US Amend I, V, VI was neither accepted or rejected with proper due process

notice and in conformity with case law in deprivation of my 6th amendment asserted right to a

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speedy determination, my 1st, 5th and 6th Amendment rights to fairly and fully petition in a public

quasi criminal proceeding by appealing to the US Supreme Court.

The US Supreme Court is not above the asserted Constitutional laws applied to

itself. The Constitutional First Amendment asserted right to Petition must be safeguarded and

not violated by the US Supreme Court based on viewpoint of speech. The Court must not

disparately reject petitions made by me or others to correct the US Supreme Court’s agents or

members own errors or other courts in general in violation of the Equal Protections Component

of the 5th applicable to Federal courts and the 14th applicable to the states by selfish partiality to

itself under the deception productivity, convenience, avoidance of costs, material gain requires

the court to sacrifice the lives and liberties of people who assert Constitutional rights for the lie

of the common good, the public good or the welfare of the country or world. Sacrificing the

Constitutional law and those it protects is for the common lawless evil not good.

The Constitution restrains the government from committing human sacrifice of

life and liberty. The government evades the laws and commits lawlessness and condones it

should it make case law preempt superseding Constitutional laws by accepting selfish arguments

of immunity by making men like former President Trump or current President Biden above the

law by being their own God which reflects the image the devil, the lawless one per Isaiah 14.

I petitioned based on the State courts interference in my first Amendment right to

access to the courts to sue former President Trump and current President Biden to dissolve a

course of conduct that established government religion causing a substantial burden to my free

exercise of religious belief in Jesus.

The State of Delaware interfered with and sought to cause me to drop my law suit.

Then State Courts in collusion with Defendants concealed my petitions to DE courts regarding

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the interference and fired two staff. Then the Courts in collusion with Defendants sought to

discipline me to conceal and hide its egregious violations of my asserted rights based on

religious political animus per the court’s own admission in the petition against me.

When I petition the courts it is to protect Constitutional rights and people,

including myself, not to destroy people who make bad choices even within the three branches of

the courts. I care about the two staff who lost their job to cover up the State Court’s far more

egregious violations of the law in the cover up.

When I petition even the US Supreme Court concerning its own errors it is to

maintain the rule of law that sustains this government not to destroy its staff or the members.

I am a Christian. The vote is used to eliminate individual liberties if not

restrained by the courts through mob lusts through representation which is lawlessness leading to

hell per my God. Courts can tame or restrain the desires of the people to prevent human

sacrifice of life and liberties to save lives and eternal lives from the fires of hell because they

gave into temptations of man’s desires instead of what is right. Human sacrifice is always

naughty, even with alleged representation of mob majority rule through the vote. Jesus died

based on the people voting for him to die, even though Pontius Pilate indicated Jesus did nothing

wrong worthy of death. Luke 23:22-41 (including but not limited to Luke 23:22-24 Pilate

indicating “He has done nothing wrong warranting death…. But they were insistent, demanding

with loud voices for Jesus to be crucified. And their clamor prevailed. 24So Pilate sentenced that

their demand be met…”)

In the Bible, even if you do not believe in it as a religious text, we learn the

importance of the right to petition in Acts Chapter 22. The people were about ready to kill the

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Apostle Paul. But the centurions, Rome’ military police, stopped the mob when the centurians

discovered Paul was a Roman by birth.1

Acts Chapter 22:

“New International Version

Par ▾

1“Brothers and fathers, listen now to my defense.”

2When they heard him speak to them in Aramaic, they became very quiet.

Then Paul said: 3“I am a Jew, born in Tarsus of Cilicia, but brought up in this city. I studied under Gamaliel and was

thoroughly trained in the law of our ancestors. I was just as zealous for God as any of you are today. 4I persecuted

the followers of this Way to their death, arresting both men and women and throwing them into prison, 5as the high

priest and all the Council can themselves testify. I even obtained letters from them to their associates in Damascus,

and went there to bring these people as prisoners to Jerusalem to be punished.

6“About noon as I came near Damascus, suddenly a bright light from heaven flashed around me. 7I fell to the

ground and heard a voice say to me, ‘Saul! Saul! Why do you persecute me?’

8“ ‘Who are you, Lord?’ I asked.

“ ‘I am Jesus of Nazareth, whom you are persecuting,’ he replied. 9My companions saw the light, but they did not

understand the voice of him who was speaking to me.

10“ ‘What shall I do, Lord?’ I asked.

“ ‘Get up,’ the Lord said, ‘and go into Damascus. There you will be told all that you have been assigned to do.’

11My companions led me by the hand into Damascus, because the brilliance of the light had blinded me.

12“A man named Ananias came to see me. He was a devout observer of the law and highly respected by all the Jews

living there. 13He stood beside me and said, ‘Brother Saul, receive your sight!’ And at that very moment I was able

to see him.

14“Then he said: ‘The God of our ancestors has chosen you to know his will and to see the Righteous One and to

hear words from his mouth. 15You will be his witness to all people of what you have seen and heard. 16And now

what are you waiting for? Get up, be baptized and wash your sins away, calling on his name.’

17“When I returned to Jerusalem and was praying at the temple, I fell into a trance 18and saw the Lord speaking to

me. ‘Quick!’ he said. ‘Leave Jerusalem immediately, because the people here will not accept your testimony about

me.’

19“ ‘Lord,’ I replied, ‘these people know that I went from one synagogue to another to imprison and beat those who

believe in you. 20And when the blood of your martyr a Stephen was shed, I stood there giving my approval and

guarding the clothes of those who were killing him.’

21“Then the Lord said to me, ‘Go; I will send you far away to the Gentiles.’ ”

Paul the Roman Citizen

22The crowd listened to Paul until he said this. Then they raised their voices and shouted, “Rid the earth of him!

He’s not fit to live!”

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10.

What made Romans free is that they had the right to petition before their lives or

liberties may be substantially burdened or harmed. Similarly what makes us free is that we have

the right to petition in courts when grievances are committed against us. When access to the

courts are denied, we are denied any safeguard of Constitutional liberties and other claims.

11.

In the Torah which is older than Rome and older than Plato, we learn that

Israelites were commanded to treat foreigners as their own to love foreigners as their own.

Romans gave Romans the right to petition before punishment.2 They did not give non-romans

before deprivations of their lives and liberties. That discrepancy reflects the image of the devil by

living for your own without regard to others unless it affects you. That is not loving others as self

as Jesus Commands or as laws that older than 5000 years command, nor is that upholding

people’s Equal Protections under the law under the 5th or the 14th or the intermediate scrutiny

23As they were shouting and throwing off their cloaks and flinging dust into the air, 24the commander ordered that

Paul be taken into the barracks. He directed that he be flogged and interrogated in order to find out why the people

were shouting at him like this. 25As they stretched him out to flog him, Paul said to the centurion standing there, “Is

it legal for you to flog a Roman citizen who hasn’t even been found guilty?”

26When the centurion heard this, he went to the commander and reported it. “What are you going to do?” he asked.

“This man is a Roman citizen.”

27The commander went to Paul and asked, “Tell me, are you a Roman citizen?”

“Yes, I am,” he answered.

28Then the commander said, “I had to pay a lot of money for my citizenship.”

“But I was born a citizen,” Paul replied.

29Those who were about to interrogate him withdrew immediately. The commander himself was alarmed when he

realized that he had put Paul, a Roman citizen, in chains.

Paul Before the Sanhedrin

30The commander wanted to find out exactly why Paul was being accused by the Jews. So the next day he released

him and ordered the chief priests and all the members of the Sanhedrin to assemble. Then he brought Paul and had

him stand before them.”

Exodus 22:21 (“You must not exploit or oppress a foreign resident, for you yourselves were foreigners in the land

of Egypt.”); See, Deuteronomy 10:19 (“And you are to love those who are foreigners, for you yourselves were

foreigners in Egypt.”); Leviticus 19:34(“You must treat the foreigner living among you as native-born and love him

as yourself, for you were foreigners in the land of Egypt. I am the LORD your God.”)

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affording people persecuted or mistreated based on place of origin special judicial weightier

consideration.

12.

That is one way Romans erred and sinned by treating Romans better than foreign

residents.

13.

Yet we learn the importance of the right to petition before life or liberty or

property may be destroyed or vitiated is the reason why I point to its importance in Rome as

applied to the apostle Paul, and as applied to me.

14.

It is not the vote that matters so much. It is the right to petition. The vote is a

means to compromise liberty under the lie by participation in the temporary mob representative’s

choice each American citizen contracted their soul to infringement of liberties. The vote is less

important than the 1st Amendment right to petition. The vote may be used to enslave not serve

the people by those who harm lives and liberties for material gain, convenience or avoidance of

costs, which is the mark of the beast on the minds, foreheads, hands and hearts by lawless people

not yet saved from hell which is sad. That is why the COURTS are the most important branch to

tame the beast sin by businesses, charities, individuals and even government agents. God will

damn to hell those who commit human sacrifice for material gain even by indifference, should

they not repent. Courts may prevent human sacrifice and help people repent. So their certain

damnation in the fire of hell on judgment day is absolved by God.

15.

I revised my Motion to plead in forma pauperis, signed February 22, 2024 to

include my grievances against the US Supreme Court’s violations of my 1st Amendment right to

petition the court to show it is not okay deny access to courts, even by the highest court in the

land. Though it may be cured. No one is above the law, nor below the law, not even me.

16.

Like Paul the Apostle, I assert my rights, like he asserted his rights as a citizen.

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17.

Unlike Paul, I am not a gifted speaker. I am an honest one that loves humanity

even seeking to protect those I seek to correct.

28.

I am not going to lie to say what people want to hear, even the courts. When the

courts misbehave without hope of repentance, I believe they too are in danger of hell as we all

are when we give into temptations of lusts and appearance instead of doing what is right. Is it

love to allow them to be enslaved to sin and death in hell? No.

29.

The Court is human and the way to correct individuals within the judiciary is

within the purview of the constitutional limits of a case and controversy or impeachment not by

threats of discipline only to use the discipline to impeach and destroy the courts. If the Courts

get it wrong there is always the possibility of more case and controversies. So the people may

guide misguided courts.

30.

The US Supreme Court is not responding to emails or answering my calls to

clarify confusion or to provide answers relating to the November 6, 2023 and January 23, 2024

filings neither rejected or accepted. Apparently, the Court or its staff are scared of me which is

foolish. I seek to protect them specially without permitting them to violate the rule of law for

partial whims under the lie of public good. Allowing lawlessness will unglue the rule of law that

maintains these United States.

31.

When I petition it is to protect people, even my precious self, and the rule of law

not to harm them for vanities.

32.

It appears I must draft this appeal to ask the court to save me, my liberty, ITSELF,

the rule of law and these United States. The court misbehaves when it is so scared it commits

injustice against me, the people, the country and itself based on concerns relating to appearance

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by vitiation of the right to petition by denying access to the courts based on viewpoint of speech

contained in petitions.

33.

Jesus commands us to judge rightly not based on appearance. John 7:24 Even the

courts make mistakes, and bad decisions at times. The people’s exercise of the right to petition

should be used to correct not destroy the courts. When the courts deprive some people of the

right petitions while allowing others to petition, freedoms are eliminated and the rule of law

34.

When I ran for office in 2018, lobbyists talked about eliminating the need for

judges. There is literally a plan to eliminate the governments to eliminate the rule of law that

restrains investors, businesses, charities, and others from killing, harming or destroying human

life, health or liberty to maintain profits streams, positions and power.

35.

This whole carbon credit debit scheme is against my religious beliefs. Enslaving

others through compelled stakeholder debt to clean up the profiteers’ messes eliminates freedom.

36.

Moreover the scheme does not protect the environment but exploits and sustains

harm to maintain debt control.

37.

This new system places the burden of compelled bad ideas in a forced not fair or

free economy on the exploited laborers and retirees, not the think tanks, charities, businesses and

those who control the channels of exchange with the harmful ideas that sustain profit streams by

sustaining pain.

38.

Attached, please an Executive order relating to the 30 30 agenda where 30 percent

of the United States and globes resources will be exploited for private profiteers working with

the UN under immunity. Anytime they say science, please think they will patent subpar

solutions to sustain the profit stream by maintaining the problems to maintain the debt control

through stakeholder interests making the world worse to maintained control order through

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continuous different research to gain more patents to control the world under the guise of caring

for it.

39.

I ran on a platform to improve the environment by ending rewards to make the

harm profitable by research and business grants, by correcting wrong doers instead of rewarding

them by just decrees.

40.

This carbon credit debt system is part of the scheme to eliminate the governments

to eliminate the rule of law.

41.

I take the debt default seriously, but I cannot act swiftly on March 1, or 8th since

the US Supreme Court denied my petition for pages in another case per the attached. It doesn’t

mean that I would not fight the good fight with words and petitions to preserve the courts to

preserve the rule of law that preserves the United States and our Constitutional freedoms from

dissolution down the line. It is a slow overthrow, not schemed until after 2050.

42.

I am so discouraged. My friend down the street life guarded at Lewes. The beach

was closed down multiple times since the sewer system released the sewage into the ocean

increasing bacterial levels. This like the factory converting manure to energy in the Seaford

Laurel area will sustain the pollution to sustain debt control under the new model.

43.

Attached please find my revised Motion to file in forma pauperis, which may not

include all the exhibits as voluminous

Thank you for your time and consideration.

Dated

2/23/2024

Respectfully submitted,

Meghan M. Kelly

Meghan Kelly, Esquire

34012 Shawnee Drive

Dagsboro, DE 19939

meghankellyesq@yahoo.com

Case 1:21-cv-01490-CFC Document 348-1 Filed 02/23/24 Page 1 of 1 PageID #: 40577

Yahoo Mail - Fw: 23A596 Fw: Supreme Court Electronic Filing System...

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https://mail.yahoo.com/d/folders/1/messages/AO60pBx2suLOZdYq7...

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Fw: 23A596 Fw: Supreme Court Electronic Filing System Efiling questions

From: Meg Kelly (meghankellyesq@yahoo.com)

To:

efilingsupport@supremecourt.gov

Cc:

meghankellyesq@yahoo.com; supremectbriefs@usdoj.gov; margaret.naylor@delaware.gov; zixiang.shen@delaware.gov; david.weiss@usdoj.gov; rmeek@supremecourt.gov; dbaker@supremecourt.gov

Date: Wednesday, February 21, 2024 at 11:55 AM EST

Dear Efiling,

Could you please help me understand what is going on in efiling for 23A596?

I thought the Court attempted to cure a defect on Friday by filing the attached Letter to petition to please cure defect

in inadvertently mailing back papers Chief Justice Roberts and the Court requires to fairly, fully and publicly

determine petitions in this proceeding. US Amend I, V, VI by applicant Meghan Kelly submitted 1/23/2024.

However, upon closer look it looks like on Friday, 2/16/2024 the filing was referring the application to the court

relation back to 1/24/2024. How can the court have enough time to review the application it does not physically have

since it sent it back when it is merely referred to the court on the date of the conference.

Please help me understand these efiling issues. I did not receive a timely rejection with a letter indicating why it was

rejected with opportunity to cure per the courts rules and case law. I was actually a little relieved per below because

I thought it was filed. I now realize the emergency petition was not filed. I was mistaken in my belief per the email

below.

Thank you for your clarification. Why weren't the documents were not accepted or rejected within a timely manner?

Why was the case referred on February 16, 2024 the date of the conference while back dated to 1/24/2024. Was the

delay intentional or was there an error in not docketing it until it was too late to review.

Mistakes happen which is why it is important to have people staff and people judges. Nevertheless, mistakes should

be cured when they vitiate other people's Constitutionally protected rights as opposed to causing additional

deprivations by delays to vitiate 1st Amendment access to the courts. Please offer clarity. It is 29 days after

submission and 26 days after physical receipt was confirmed by tracking.

Thank you. Have a good day.

Very truly,

Meg

34012 Shawnee Drive

Dagsboro, DE 19939

meghankellyesq@yahoo.com

302-278-2975

----- Forwarded Message ----From: Meg Kelly <meghankellyesq@yahoo.com>

To: Naylor Margaret (Courts) <margaret.naylor@delaware.gov>; Shen Zi-Xiang (DOJ) <zixiang.shen@delaware.gov>; david.weiss@usdoj.gov <david.weiss@usdoj.gov>; supremectbriefs@usdoj.gov

<supremectbriefs@usdoj.gov>; Meg Kelly <meghankellyesq@yahoo.com>

Sent: Friday, February 16, 2024 at 11:30:46 AM EST

Subject: 23A596 Fw: Supreme Court Electronic Filing System

Morning,

The Supreme Court docketed the Emergency application I filed January 23, 2024 today, February 16, 2024, the

2/23/2024, 6:19 PM

Yahoo Mail - Fw: 23A596 Fw: Supreme Court Electronic Filing System...

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https://mail.yahoo.com/d/folders/1/messages/AO60pBx2suLOZdYq7...

Case 1:21-cv-01490-CFC Document 348-2 Filed 02/23/24 Page 2 of 2 PageID #: 40579

date of the conference more than 3 weeks later not the one I predominantly emailed about yesterday.

It is better late than never. Yet delays cause Constitutional harm in cases too. I pray the pages are granted to

avoid prejudicing the material outcome of the conference. I pray they take their time.

Fingers crossed.

Thank you,

Meg

----- Forwarded Message ----From: no-reply@sc-us.gov <no-reply@sc-us.gov>

To: "meghankellyesq@yahoo.com" <meghankellyesq@yahoo.com>

Sent: Friday, February 16, 2024 at 11:14:17 AM EST

Subject: Supreme Court Electronic Filing System

A new docket entry, "Application (23A596) referred to the Court." has been added for Meghan Kelly, Applicant v.

United States District Court Eastern District of Pennsylvania.

Petition 3 part 1 22-3372 Eastern district Court.docx

88.6kB

16 Part 2 writ.docx

157.6kB

0 part 1 Letter Chief Justice John Roberts staff sent back documents in error.pdf

84.2kB

0 Part 2 Signature and Declaration Jan 23 2024.pdf

132.8kB

1 Exhibit Motion waive speedy trial lawyer bad behavior protecting problems to protect position and pay instead

of alleviating.pdf

2.5MB

2 exhibit Dec 26 Certificate of service original.pdf

1.4MB

3 Exhibit email Donald Baker all of the documents via email.pdf

1.2MB

4 multiple exhibits from Kelly v Swartz 21-1490.pdf

7.2MB

5 Exhibit Petition leave to exceed the page limit for good cause in the Eastern District Court of PA Appeal.pdf

171.2kB

6 Exhibit Civil rights case Motion for leave to exceed page limit.pdf

289.1kB

7 Certificate of Service Tracking sent before 9 AM this morning.pdf

619.4kB

8 Sent via email to US Supreme Court Clerk Robert Meek and opposing counsels and law librarian.pdf

71.7kB

2/23/2024, 6:19 PM

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JANUARY 27, 2021

Executive Order on Tackling the Climate Crisis

at Home and Abroad

The United States and the world face a profound climate crisis. We have a

narrow moment to pursue action at home and abroad in order to avoid the

most catastrophic impacts of that crisis and to seize the opportunity that

tackling climate change presents. Domestic action must go hand in

hand with United States international leadership, aimed at signiﬁcantly

enhancing global action. Together, we must listen to science and meet the

moment.

By the authority vested in me as President by the Constitution and the laws

of the United States of America, it is hereby ordered as follows:

PART I — PUTTING THE CLIMATE CRISIS AT THE CENTER OF

UNITED STATES FOREIGN POLICY AND NATIONAL SECURITY

Section 101. Policy. United States international engagement to address

climate change — which has become a climate crisis — is more necessary and

urgent than ever. The scientiﬁc community has made clear that the scale and

speed of necessary action is greater than previously believed. There is little

time left to avoid setting the world on a dangerous, potentially catastrophic,

climate trajectory. Responding to the climate crisis will require both

signiﬁcant short-term global reductions in greenhouse gas emissions and

net-zero global emissions by mid-century or before.

It is the policy of my Administration that climate considerations shall be an

essential element of United States foreign policy and national security. The

United States will work with other countries and partners, both bilaterally

and multilaterally, to put the world on a sustainable climate pathway. The

United States will also move quickly to build resilience, both at home and

abroad, against the impacts of climate change that are already manifest and

will continue to intensify according to current trajectories.

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Sec. 102. Purpose. This order builds on and reaﬃrms actions my

Administration has already taken to place the climate crisis at the forefront

of this Nation’s foreign policy and national security planning, including

submitting the United States instrument of acceptance to rejoin the Paris

Agreement. In implementing — and building upon — the Paris Agreement’s

three overarching objectives (a safe global temperature, increased climate

resilience, and ﬁnancial ﬂows aligned with a pathway toward low greenhouse

gas emissions and climate-resilient development), the United States will

exercise its leadership to promote a signiﬁcant increase in global climate

ambition to meet the climate challenge. In this regard:

(a) I will host an early Leaders’ Climate Summit aimed at raising climate

ambition and making a positive contribution to the 26th United Nations

Climate Change Conference of the Parties (COP26) and beyond.

(b) The United States will reconvene the Major Economies Forum on Energy

and Climate, beginning with the Leaders’ Climate Summit. In cooperation

with the members of that Forum, as well as with other partners as

appropriate, the United States will pursue green recovery eﬀorts, initiatives

to advance the clean energy transition, sectoral decarbonization, and

alignment of ﬁnancial ﬂows with the objectives of the Paris Agreement,

including with respect to coal ﬁnancing, nature-based solutions, and

solutions to other climate-related challenges.

Presidential Envoy for Climate, to elevate the issue of climate change and

underscore the commitment my Administration will make toward addressing

it.

(d) Recognizing that climate change aﬀects a wide range of subjects, it will

be a United States priority to press for enhanced climate ambition and

integration of climate considerations across a wide range of international

fora, including the Group of Seven (G7), the Group of Twenty (G20), and fora

that address clean energy, aviation, shipping, the Arctic, the ocean,

sustainable development, migration, and other relevant topics. The Special

Presidential Envoy for Climate and others, as appropriate, are encouraged to

promote innovative approaches, including international multi-stakeholder

initiatives. In addition, my Administration will work in partnership with

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States, localities, Tribes, territories, and other United States stakeholders to

advance United States climate diplomacy.

(e) The United States will immediately begin the process of developing its

nationally determined contribution under the Paris Agreement. The process

will include analysis and input from relevant executive departments and

agencies (agencies), as well as appropriate outreach to domestic

stakeholders. The United States will aim to submit its nationally determined

contribution in advance of the Leaders’ Climate Summit.

(f ) The United States will also immediately begin to develop a climate

ﬁnance plan, making strategic use of multilateral and bilateral channels and

institutions, to assist developing countries in implementing ambitious

emissions reduction measures, protecting critical ecosystems, building

resilience against the impacts of climate change, and promoting the ﬂow of

capital toward climate-aligned investments and away from high-carbon

investments. The Secretary of State and the Secretary of the Treasury, in

coordination with the Special Presidential Envoy for Climate, shall lead a

process to develop this plan, with the participation of the Administrator of

the United States Agency for International Development (USAID), the Chief

Executive Oﬃcer of the United States International Development Finance

Corporation (DFC), the Chief Executive Oﬃcer of the Millennium Challenge

Corporation, the Director of the United States Trade and Development

Agency, the Director of the Oﬃce of Management and Budget, and the head

of any other agency providing foreign assistance and development ﬁnancing,

as appropriate. The Secretary of State and the Secretary of the Treasury shall

submit the plan to the President, through the Assistant to the President for

National Security Aﬀairs and the Assistant to the President for Economic

Policy, within 90 days of the date of this order.

(g) The Secretary of the Treasury shall:

(i)

ensure that the United States is present and engaged in relevant

international fora and institutions that are working on the management

of climate-related ﬁnancial risks;

(ii) develop a strategy for how the voice and vote of the United States can be

used in international ﬁnancial institutions, including the World Bank Group

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and the International Monetary Fund, to promote ﬁnancing programs,

economic stimulus packages, and debt relief initiatives that are aligned with

and support the goals of the Paris Agreement; and

(iii) develop, in collaboration with the Secretary of State, the Administrator

of USAID, and the Chief Executive Oﬃcer of the DFC, a plan for promoting

the protection of the Amazon rainforest and other critical ecosystems that

serve as global carbon sinks, including through market-based mechanisms.

(h) The Secretary of State, the Secretary of the Treasury, and the Secretary

of Energy shall work together and with the Export–Import Bank of the

United States, the Chief Executive Oﬃcer of the DFC, and the heads of other

agencies and partners, as appropriate, to identify steps through which the

United States can promote ending international ﬁnancing of carbonintensive fossil fuel-based energy while simultaneously advancing

sustainable development and a green recovery, in consultation with the

Assistant to the President for National Security Aﬀairs.

(i) The Secretary of Energy, in cooperation with the Secretary of State and

the heads of other agencies, as appropriate, shall identify steps through

which the United States can intensify international collaborations to drive

innovation and deployment of clean energy technologies, which are critical

for climate protection.

( j) The Secretary of State shall prepare, within 60 days of the date of this

order, a transmittal package seeking the Senate’s advice and consent to

ratiﬁcation of the Kigali Amendment to the Montreal Protocol on Substances

that Deplete the Ozone Layer, regarding the phasedown of the production

and consumption of hydroﬂuorocarbons.

Sec. 103. Prioritizing Climate in Foreign Policy and National Security. To

ensure that climate change considerations are central to United States

foreign policy and national security:

(a) Agencies that engage in extensive international work shall develop, in

coordination with the Special Presidential Envoy for Climate, and submit to

the President, through the Assistant to the President for National Security

Aﬀairs, within 90 days of the date of this order, strategies and

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implementation plans for integrating climate considerations into their

international work, as appropriate and consistent with applicable law. These

strategies and plans should include an assessment of:

(i)

climate impacts relevant to broad agency strategies in particular

countries or regions;

(ii) climate impacts on their agency-managed infrastructure abroad (e.g.,

embassies, military installations), without prejudice to existing requirements

regarding assessment of such infrastructure;

(iii) how the agency intends to manage such impacts or incorporate risk

mitigation into its installation master plans; and

(iv) how the agency’s international work, including partner engagement,

can contribute to addressing the climate crisis.

(b) The Director of National Intelligence shall prepare, within 120 days of

the date of this order, a National Intelligence Estimate on the national and

economic security impacts of climate change.

Commerce, through the Administrator of the National Oceanic and

Atmospheric Administration, the Chair of the Council on Environmental

Quality, the Administrator of the Environmental Protection Agency, the

Director of National Intelligence, the Director of the Oﬃce of Science and

Technology Policy, the Administrator of the National Aeronautics and Space

Administration, and the heads of other agencies as appropriate, shall develop

and submit to the President, within 120 days of the date of this order, an

analysis of the security implications of climate change (Climate Risk

Analysis) that can be incorporated into modeling, simulation, war-gaming,

and other analyses.

(d) The Secretary of Defense and the Chairman of the Joint Chiefs of Staﬀ

shall consider the security implications of climate change, including any

relevant information from the Climate Risk Analysis described in subsection

Planning Guidance, Chairman’s Risk Assessment, and other relevant strategy,

planning, and programming documents and processes. Starting in January

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2022, the Secretary of Defense and the Chairman of the Joint Chiefs of Staﬀ

shall provide an annual update, through the National Security Council, on the

progress made in incorporating the security implications of climate change

into these documents and processes.

(e) The Secretary of Homeland Security shall consider the implications of

climate change in the Arctic, along our Nation’s borders, and to National

Critical Functions, including any relevant information from the Climate Risk

Analysis described in subsection (c) of this section, in developing relevant

strategy, planning, and programming documents and processes. Starting in

January 2022, the Secretary of Homeland Security shall provide an annual

update, through the National Security Council, on the progress made in

incorporating the homeland security implications of climate change into

these documents and processes.

Sec. 104. Reinstatement. The Presidential Memorandum of September 21,

2016 (Climate Change and National Security), is hereby reinstated.

PART II — TAKING A GOVERNMENT-WIDE APPROACH TO THE

CLIMATE CRISIS

Sec. 201. Policy. Even as our Nation emerges from profound public health

and economic crises borne of a pandemic, we face a climate crisis that

threatens our people and communities, public health and economy, and,

starkly, our ability to live on planet Earth. Despite the peril that is already

evident, there is promise in the solutions — opportunities to create wellpaying union jobs to build a modern and sustainable infrastructure, deliver

an equitable, clean energy future, and put the United States on a path to

achieve net-zero emissions, economy-wide, by no later than 2050.

We must listen to science — and act. We must strengthen our clean air and

water protections. We must hold polluters accountable for their actions. We

must deliver environmental justice in communities all across America. The

Federal Government must drive assessment, disclosure, and mitigation

of climate pollution and climate-related risks in every sector of our economy,

marshaling the creativity, courage, and capital necessary to make our Nation

resilient in the face of this threat. Together, we must combat the climate

crisis with bold, progressive action that combines the full capacity of

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the Federal Government with eﬀorts from every corner of our Nation, every

level of government, and every sector of our economy.

It is the policy of my Administration to organize and deploy the full capacity

of its agencies to combat the climate crisis to implement a Government-wide

approach that reduces climate pollution in every sector of the economy;

increases resilience to the impacts of climate change; protects public health;

conserves our lands, waters, and biodiversity; delivers environmental justice;

and spurs well-paying union jobs and economic growth, especially through

innovation, commercialization, and deployment of clean energy technologies

and infrastructure. Successfully meeting these challenges will require the

Federal Government to pursue such a coordinated approach from planning to

implementation, coupled with substantive engagement by stakeholders,

including State, local, and Tribal governments.

Sec. 202. White House Oﬃce of Domestic Climate Policy. There is hereby

established the White House Oﬃce of Domestic Climate Policy (Climate

Policy Oﬃce) within the Executive Oﬃce of the President, which shall

coordinate the policy-making process with respect to domestic climatepolicy issues; coordinate domestic climate-policy advice to the President;

ensure that domestic climate-policy decisions and programs are consistent

with the President’s stated goals and that those goals are being eﬀectively

pursued; and monitor implementation of the President’s domestic climatepolicy agenda. The Climate Policy Oﬃce shall have a staﬀ headed by the

Assistant to the President and National Climate Advisor (National Climate

Advisor) and shall include the Deputy Assistant to the President and Deputy

National Climate Advisor. The Climate Policy Oﬃce shall have such staﬀ and

other assistance as may be necessary to carry out the provisions of this order,

subject to the availability of appropriations, and may work with established

or ad hoc committees or interagency groups. All agencies shall cooperate

with the Climate Policy Oﬃce and provide such information, support, and

assistance to the Climate Policy Oﬃce as it may request, as appropriate and

consistent with applicable law.

Sec.203. National Climate Task Force. There is hereby established a National

Climate Task Force (Task Force). The Task Force shall be chaired by the

National Climate Advisor.

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(a) Membership. The Task Force shall consist of the following additional

members:

(i)

the Secretary of the Treasury;

(ii)

the Secretary of Defense;

(iii)

the Attorney General;

(iv)

the Secretary of the Interior;

(v)

the Secretary of Agriculture;

(vi)

the Secretary of Commerce;

(vii)

the Secretary of Labor;

(viii) the Secretary of Health and Human Services;

(ix)

the Secretary of Housing and Urban Development;

(x)

the Secretary of Transportation;

(xi)

the Secretary of Energy;

(xii)

the Secretary of Homeland Security;

(xiii) the Administrator of General Services;

(xiv)

the Chair of the Council on Environmental Quality;

(xv)

the Administrator of the Environmental Protection Agency;

(xvi)

the Director of the Oﬃce of Management and Budget;

(xvii) the Director of the Oﬃce of Science and Technology Policy;

(xviii) the Assistant to the President for Domestic Policy;

(xix)

the Assistant to the President for National Security Aﬀairs;

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(xx)

the Assistant to the President for Homeland Security and

Counterterrorism; and

(xxi)

the Assistant to the President for Economic Policy.

(b) Mission and Work. The Task Force shall facilitate the organization and

deployment of a Government-wide approach to combat the climate crisis.

This Task Force shall facilitate planning and implementation of key Federal

actions to reduce climate pollution; increase resilience to the impacts of

climate change; protect public health; conserve our lands, waters, oceans,

and biodiversity; deliver environmental justice; and spur well-paying union

jobs and economic growth. As necessary and appropriate, members of the

Task Force will engage on these matters with State, local, Tribal, and

territorial governments; workers and communities; and leaders across the

various sectors of our economy.

members shall prioritize action on climate change in their policy-making and

budget processes, in their contracting and procurement, and in their

engagement with State, local, Tribal, and territorial governments; workers

and communities; and leaders across all the sectors of our economy.

USE OF THE FEDERAL GOVERNMENT’S BUYING POWER AND REAL

PROPERTY AND ASSET MANAGEMENT

Sec. 204. Policy. It is the policy of my Administration to lead the Nation’s

eﬀort to combat the climate crisis by example — speciﬁcally, by aligning the

management of Federal procurement and real property, public lands and

waters, and ﬁnancial programs to support robust climate action.

By providing an immediate, clear, and stable source of product demand,

increased transparency and data, and robust standards for the market, my

Administration will help to catalyze private sector investment into, and

accelerate the advancement of America’s industrial capacity to supply,

domestic clean energy, buildings, vehicles, and other necessary products

and materials.

Sec. 205. Federal Clean Electricity and Vehicle Procurement Strategy. (a)

The Chair of the Council on Environmental Quality, the Administrator of

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General Services, and the Director of the Oﬃce and Management and

Budget, in coordination with the Secretary of Commerce, the Secretary of

Labor, the Secretary of Energy, and the heads of other relevant agencies, shall

assist the National Climate Advisor, through the Task Force established in

section 203 of this order, in developing a comprehensive plan to create good

jobs and stimulate clean energy industries by revitalizing the Federal

Government’s sustainability eﬀorts.

(b) The plan shall aim to use, as appropriate and consistent with applicable

law, all available procurement authorities to achieve or facilitate:

(i) a carbon pollution-free electricity sector no later than 2035; and

(ii) clean and zero-emission vehicles for Federal, State, local, and Tribal

government ﬂeets, including vehicles of the United States Postal Service.

to accomplish these objectives.

(d) The plan shall also aim to ensure that the United States retains the union

jobs integral to and involved in running and maintaining clean and zeroemission ﬂeets, while spurring the creation of union jobs in the manufacture

of those new vehicles. The plan shall be submitted to the Task Force within

90 days of the date of this order.

Sec. 206. Procurement Standards. Consistent with the Executive Order of

January 25, 2021, entitled, “Ensuring the Future Is Made in All of America by

All of America’s Workers,” agencies shall adhere to the requirements of the

Made in America Laws in making clean energy, energy eﬃciency, and clean

energy procurement decisions. Agencies shall, consistent with applicable

law, apply and enforce the Davis-Bacon Act and prevailing wage and beneﬁt

requirements. The Secretary of Labor shall take steps to update prevailing

wage requirements. The Chair of the Council on Environmental Quality

shall consider additional administrative steps and guidance to assist the

Federal Acquisition Regulatory Council in developing regulatory

amendments to promote increased contractor attention on reduced carbon

emission and Federal sustainability.

Sec. 207. Renewable Energy on Public Lands and in Oﬀshore Waters. The

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Secretary of the Interior shall review siting and permitting processes on

public lands and in oﬀshore waters to identify to the Task Force steps that

can be taken, consistent with applicable law, to increase renewable energy

production on those lands and in those waters, with the goal of doubling

oﬀshore wind by 2030 while ensuring robust protection for our lands,

waters, and biodiversity and creating good jobs. In conducting this review,

the Secretary of the Interior shall consult, as appropriate, with the heads of

relevant agencies, including the Secretary of Defense, the Secretary of

Agriculture, the Secretary of Commerce, through the Administrator of the

National Oceanic and Atmospheric Administration, the Secretary of Energy,

the Chair of the Council on Environmental Quality, State and Tribal

authorities, project developers, and other interested parties. The Secretary

of the Interior shall engage with Tribal authorities regarding the

development and management of renewable and conventional energy

resources on Tribal lands.

Sec. 208. Oil and Natural Gas Development on Public Lands and in Oﬀshore

Waters. To the extent consistent with applicable law,the Secretary of the

Interior shall pause new oil and natural gas leases on public lands or in

oﬀshore waters pending completion of a comprehensive review and

reconsideration of Federal oil and gas permitting and leasing practices in

light of the Secretary of the Interior’s broad stewardship responsibilities over

the public lands and in oﬀshore waters, including potential climate and other

impacts associated with oil and gas activities on public lands or in oﬀshore

waters. The Secretary of the Interior shall complete that review in

consultation with the Secretary of Agriculture, the Secretary of Commerce,

through the National Oceanic and Atmospheric Administration, and the

Secretary of Energy. In conducting this analysis, and to the extent consistent

with applicable law, the Secretary of the Interior shall consider whether to

adjust royalties associated with coal, oil, and gas resources extracted from

public lands and oﬀshore waters, or take other appropriate action, to account

for corresponding climate costs.

Sec. 209. Fossil Fuel Subsidies. The heads of agencies shall identify for the

Director of the Oﬃce of Management and Budget and the National Climate

Advisor any fossil fuel subsidies provided by their respective agencies, and

then take steps to ensure that, to the extent consistent with applicable law,

Federal funding is not directly subsidizing fossil fuels. The Director of the

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Oﬃce of Management and Budget shall seek, in coordination with the heads

of agencies and the National Climate Advisor, to eliminate fossil fuel

subsidies from the budget request for Fiscal Year 2022 and thereafter.

Sec. 210. Clean Energy in Financial Management. The heads of agencies

shall identify opportunities for Federal funding to spur innovation,

commercialization, and deployment of clean energy technologies and

infrastructure for the Director of the Oﬃce of Management and Budget and

the National Climate Advisor, and then take steps to ensure that, to the

extent consistent with applicable law, Federal funding is used to spur

innovation, commercialization, and deployment of clean energy technologies

and infrastructure. The Director of the Oﬃce of Management and Budget, in

coordination with agency heads and the National Climate Advisor, shall seek

to prioritize such investments in the President’s budget request for Fiscal

Year 2022 and thereafter.

Sec. 211. Climate Action Plans and Data and Information Products to

Improve Adaptation and Increase Resilience. (a) The head of each agency

shall submit a draft action plan to the Task Force and the Federal Chief

Sustainability Oﬃcer within 120 days of the date of this order that describes

steps the agency can take with regard to its facilities and operations

to bolster adaptation and increase resilience to the impacts of climate

change. Action plans should, among other things, describe the agency’s

climate vulnerabilities and describe the agency’s plan to use the power of

procurement to increase the energy and water eﬃciency of United States

Government installations, buildings, and facilities and ensure they are

climate-ready. Agencies shall consider the feasibility of using the purchasing

power of the Federal Government to drive innovation, and shall seek to

increase the Federal Government’s resilience against supply chain

disruptions. Such disruptions put the Nation’s manufacturing sector at risk,

as well as consumer access to critical goods and services. Agencies shall

make their action plans public, and post them on the agency website, to the

extent consistent with applicable law.

(b) Within 30 days of an agency’s submission of an action plan, the Federal

Chief Sustainability Oﬃcer, in coordination with the Director of the Oﬃce of

Management and Budget, shall review the plan to assess its consistency with

the policy set forth in section 204 of this order and the priorities issued by

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the Oﬃce of Management and Budget.

submit to the Task Force and Federal Chief Sustainability Oﬃcer progress

reports annually on the status of implementation eﬀorts. Agencies shall

make progress reports public and post them on the agency website, to the

extent consistent with applicable law. The heads of agencies shall assign

their respective agency Chief Sustainability Oﬃcer the authority to perform

duties relating to implementation of this order within the agency, to the

extent consistent with applicable law.

(d) To assist agencies and State, local, Tribal, and territorial governments,

communities, and businesses in preparing for and adapting to the impacts of

climate change, the Secretary of Commerce, through the Administrator of

the National Oceanic and Atmospheric Administration, the Secretary of

Homeland Security, through the Administrator of the Federal Emergency

Management Agency, and the Director of the Oﬃce of Science and

Technology Policy, in coordination with the heads of other agencies, as

appropriate, shall provide to the Task Force a report on ways to expand and

improve climate forecast capabilities and information products for the

public. In addition, the Secretary of the Interior and the Deputy Director for

Management of the Oﬃce of Management and Budget, in their capacities as

the Chair and Vice-Chair of the Federal Geographic Data Committee, shall

assess and provide to the Task Force a report on the potential development of

a consolidated Federal geographic mapping service that can facilitate public

access to climate-related information that will assist Federal, State, local, and

Tribal governments in climate planning and resilience activities.

EMPOWERING WORKERS THROUGH REBUILDING OUR

INFRASTRUCTURE FOR A SUSTAINABLE ECONOMY

Sec. 212. Policy. This Nation needs millions of construction,

manufacturing, engineering, and skilled-trades workers to build a new

American infrastructure and clean energy economy. These jobs will create

opportunities for young people and for older workers shifting to new

professions, and for people from all backgrounds and communities. Such

jobs will bring opportunity to communities too often left behind — places

that have suﬀered as a result of economic shifts and places that have suﬀered

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the most from persistent pollution, including low-income rural and urban

communities, communities of color, and Native communities.

Sec. 213. Sustainable Infrastructure. (a) The Chair of the Council on

Environmental Quality and the Director of the Oﬃce of Management and

Budget shall take steps, consistent with applicable law, to ensure that Federal

infrastructure investment reduces climate pollution, and to require that

Federal permitting decisions consider the eﬀects of greenhouse gas

emissions and climate change. In addition, they shall review, and report to

the National Climate Advisor on, siting and permitting processes, including

those in progress under the auspices of the Federal Permitting Improvement

Steering Council, and identify steps that can be taken, consistent with

applicable law, to accelerate the deployment of clean energy and

transmission projects in an environmentally stable manner.

(b) Agency heads conducting infrastructure reviews shall, as appropriate,

consult from an early stage with State, local, and Tribal oﬃcials involved in

permitting or authorizing proposed infrastructure projects to develop

eﬃcient timelines for decision-making that are appropriate given the

complexities of proposed projects.

EMPOWERING WORKERS BY ADVANCING CONSERVATION,

AGRICULTURE, AND REFORESTATION

Sec. 214. Policy. It is the policy of my Administration to put a new

generation of Americans to work conserving our public lands and waters.

The Federal Government must protect America’s natural treasures, increase

reforestation, improve access to recreation, and increase resilience to

wildﬁres and storms, while creating well-paying union jobs for more

Americans, including more opportunities for women and people of color in

occupations where they are underrepresented. America’s farmers, ranchers,

and forest landowners have an important role to play in combating the

climate crisis and reducing greenhouse gas emissions, by sequestering

carbon in soils, grasses, trees, and other vegetation and sourcing sustainable

bioproducts and fuels. Coastal communities have an essential role to play in

mitigating climate change and strengthening resilience by protecting and

restoring coastal ecosystems, such as wetlands, seagrasses, coral and oyster

reefs, and mangrove and kelp forests, to protect vulnerable coastlines,

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sequester carbon, and support biodiversity and ﬁsheries.

Sec. 215. Civilian Climate Corps. In furtherance of the policy set forth in

section 214 of this order, the Secretary of the Interior, in collaboration with

the Secretary of Agriculture and the heads of other relevant agencies, shall

submit a strategy to the Task Force within 90 days of the date of this order

for creating a Civilian Climate Corps Initiative, within existing

appropriations, to mobilize the next generation of conservation and

resilience workers and maximize the creation of accessible training

opportunities and good jobs. The initiative shall aim to conserve and restore

public lands and waters, bolster community resilience, increase

reforestation, increase carbon sequestration in the agricultural sector,

protect biodiversity, improve access to recreation, and address the changing

climate.

Sec. 216. Conserving Our Nation’s Lands and Waters. (a) The Secretary of

the Interior, in consultation with the Secretary of Agriculture, the Secretary

of Commerce, the Chair of the Council on Environmental Quality, and the

heads of other relevant agencies, shall submit a report to the Task Force

within 90 days of the date of this order recommending steps that the United

States should take, working with State, local, Tribal, and territorial

governments, agricultural and forest landowners, ﬁshermen, and other key

stakeholders, to achieve the goal of conserving at least 30 percent of our

lands and waters by 2030.

(i) The Secretary of the Interior, the Secretary of Agriculture, the Secretary

of Commerce, through the Administrator of the National Oceanic and

Atmospheric Administration, and the Chair of the Council on Environmental

Quality shall, as appropriate, solicit input from State, local, Tribal, and

territorial oﬃcials, agricultural and forest landowners, ﬁshermen, and other

key stakeholders in identifying strategies that will encourage broad

participation in the goal of conserving 30 percent of our lands and waters by

2030.

(ii) The report shall propose guidelines for determining whether lands and

waters qualify for conservation, and it also shall establish mechanisms to

measure progress toward the 30-percent goal. The Secretary of the Interior

shall subsequently submit annual reports to the Task Force to monitor

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progress.

(b) The Secretary of Agriculture shall:

(i) initiate eﬀorts in the ﬁrst 60 days from the date of this order to collect

input from Tribes, farmers, ranchers, forest owners, conservation groups,

ﬁreﬁghters, and other stakeholders on how to best use Department of

Agriculture programs, funding and ﬁnancing capacities, and other

authorities, and how to encourage the voluntary adoption of climate-smart

agricultural and forestry practices that decrease wildﬁre risk fueled by

climate change and result in additional, measurable, and veriﬁable carbon

reductions and sequestration and that source sustainable bioproducts and

fuels; and

(ii) submit to the Task Force within 90 days of the date of this order a report

making recommendations for an agricultural and forestry climate strategy.

National Oceanic and Atmospheric Administration, shall initiate eﬀorts in

the ﬁrst 60 days from the date of this order to collect input from ﬁshermen,

regional ocean councils, ﬁshery management councils, scientists, and other

stakeholders on how to make ﬁsheries and protected resources more

resilient to climate change, including changes in management and

conservation measures, and improvements in science, monitoring, and

cooperative research.

EMPOWERING WORKERS THROUGH REVITALIZING ENERGY

COMMUNITIES

Sec. 217. Policy. It is the policy of my Administration to improve air and

water quality and to create well-paying union jobs and more opportunities

for women and people of color in hard-hit communities, including rural

communities, while reducing methane emissions, oil and brine leaks, and

other environmental harms from tens of thousands of former mining and

well sites. Mining and power plant workers drove the industrial revolution

and the economic growth that followed, and have been essential to the

growth of the United States. As the Nation shifts to a clean energy economy,

Federal leadership is essential to foster economic revitalization of and

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investment in these communities, ensure the creation of good jobs that

provide a choice to join a union, and secure the beneﬁts that have been

earned by workers.

Such work should include projects that reduce emissions of toxic

substances and greenhouse gases from existing and abandoned

infrastructure and that prevent environmental damage that harms

communities and poses a risk to public health and safety. Plugging leaks in

oil and gas wells and reclaiming abandoned mine land can create well-paying

union jobs in coal, oil, and gas communities while restoring natural assets,

revitalizing recreation economies, and curbing methane emissions. In

addition, such work should include eﬀorts to turn properties idled in these

communities, such as brownﬁelds, into new hubs for the growth of our

economy. Federal agencies should therefore coordinate investments and

other eﬀorts to assist coal, oil and gas, and power plant communities, and

achieve substantial reductions of methane emissions from the oil and gas

sector as quickly as possible.

Sec. 218. Interagency Working Group on Coal and Power Plant

Communities and Economic Revitalization. There is hereby established an

Interagency Working Group on Coal and Power Plant Communities and

Economic Revitalization (Interagency Working Group). The National

Climate Advisor and the Assistant to the President for Economic Policy shall

serve as Co-Chairs of the Interagency Working Group.

(a) Membership. The Interagency Working Group shall consist of the

following additional members:

(i)

the Secretary of the Treasury;

(ii)

the Secretary of the Interior;

(iii) the Secretary of Agriculture;

(iv)

the Secretary of Commerce;

(v)

the Secretary of Labor;

(vi)

the Secretary of Health and Human Services;

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(vii) the Secretary of Transportation;

(viii) the Secretary of Energy;

(ix)

the Secretary of Education;

(x)

the Administrator of the Environmental Protection Agency;

(xi)

the Director of the Oﬃce of Management and Budget;

(xii) the Assistant to the President for Domestic Policy and Director of the

Domestic Policy Council; and

(xiii) the Federal Co-Chair of the Appalachian Regional Commission.

(b) Mission and Work.

(i) The Interagency Working Group shall coordinate the identiﬁcation and

delivery of Federal resources to revitalize the economies of coal, oil and gas,

and power plant communities; develop strategies to implement the policy set

forth in section 217 of this order and for economic and social recovery; assess

opportunities to ensure beneﬁts and protections for coal and power plant

workers; and submit reports to the National Climate Advisor and the

Assistant to the President for Economic Policy on a regular basis on the

progress of the revitalization eﬀort.

(ii) As part of this eﬀort, within 60 days of the date of this order, the

Interagency Working Group shall submit a report to the President describing

all mechanisms, consistent with applicable law, to prioritize grantmaking,

Federal loan programs, technical assistance, ﬁnancing, procurement, or other

existing programs to support and revitalize the economies of coal and power

plant communities, and providing recommendations for action consistent

with the goals of the Interagency Working Group.

accordance with applicable law, the Interagency Working Group shall seek

the views of State, local, and Tribal oﬃcials; unions; environmental justice

organizations; community groups; and other persons it identiﬁes who may

have perspectives on the mission of the Interagency Working Group.

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(d) Administration. The Interagency Working Group shall be housed within

the Department of Energy. The Chairs shall convene regular meetings of the

Interagency Working Group, determine its agenda, and direct its work. The

Secretary of Energy, in consultation with the Chairs, shall designate an

Executive Director of the Interagency Working Group, who shall coordinate

the work of the Interagency Working Group and head any staﬀ assigned to

the Interagency Working Group.

(e) Oﬃcers. To facilitate the work of the Interagency Working Group, the

head of each agency listed in subsection (a) of this section shall assign a

designated oﬃcial within the agency the authority to represent the agency on

the Interagency Working Group and perform such other duties relating to

the implementation of this order within the agency as the head of the agency

deems appropriate.

SECURING ENVIRONMENTAL JUSTICE AND SPURRING ECONOMIC

OPPORTUNITY

Sec. 219. Policy. To secure an equitable economic future, the United States

must ensure that environmental and economic justice are key considerations

in how we govern. That means investing and building a clean energy

economy that creates well-paying union jobs, turning disadvantaged

communities — historically marginalized and overburdened — into healthy,

thriving communities, and undertaking robust actions to mitigate climate

change while preparing for the impacts of climate change across rural,

urban, and Tribal areas. Agencies shall make achieving environmental

justice part of their missions by developing programs, policies, and activities

to address the disproportionately high and adverse human health,

environmental, climate-related and other cumulative impacts on

disadvantaged communities, as well as the accompanying economic

challenges of such impacts. It is therefore the policy of my Administration to

secure environmental justice and spur economic opportunity for

disadvantaged communities that have been historically marginalized and

overburdened by pollution and underinvestment in housing, transportation,

water and wastewater infrastructure, and health care.

Sec. 220. White House Environmental Justice Interagency Council. (a)

Section 1-102 of Executive Order 12898 of February 11, 1994 (Federal Actions

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To Address Environmental Justice in Minority Populations and Low-Income

Populations), is hereby amended to read as follows:

“(a) There is hereby created within the Executive Oﬃce of the President a

White House Environmental Justice Interagency Council (Interagency

Council). The Chair of the Council on Environmental Quality shall serve as

Chair of the Interagency Council.

“(b) Membership. The Interagency Council shall consist of the following

additional members:

(i)

the Secretary of Defense;

(ii)

the Attorney General;

(iii)

the Secretary of the Interior;

(iv)

the Secretary of Agriculture;

(v)

the Secretary of Commerce;

(vi)

the Secretary of Labor;

(vii)

the Secretary of Health and Human Services;

(viii) the Secretary of Housing and Urban Development;

(ix)

the Secretary of Transportation;

(x)

the Secretary of Energy;

(xi)

the Chair of the Council of Economic Advisers;

(xii)

the Administrator of the Environmental Protection Agency;

(xiii) the Director of the Oﬃce of Management and Budget;

(xiv)

the Executive Director of the Federal Permitting Improvement

Steering Council;

(xv)

the Director of the Oﬃce of Science and Technology Policy;

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(xvi)

the National Climate Advisor;

(xvii) the Assistant to the President for Domestic Policy; and

(xviii) the Assistant to the President for Economic Policy.

“(c) At the direction of the Chair, the Interagency Council may establish

subgroups consisting exclusively of Interagency Council members or their

designees under this section, as appropriate.

“(d) Mission and Work. The Interagency Council shall develop a strategy to

address current and historic environmental injustice by consulting with the

White House Environmental Justice Advisory Council and with local

environmental justice leaders. The Interagency Council shall also develop

clear performance metrics to ensure accountability, and publish an annual

public performance scorecard on its implementation.

“(e) Administration. The Oﬃce of Administration within the Executive

Oﬃce of the President shall provide funding and administrative support for

the Interagency Council, to the extent permitted by law and within existing

appropriations. To the extent permitted by law, including the Economy Act

(31 U.S.C. 1535), and subject to the availability of appropriations, the

Department of Labor, the Department of Transportation, and the

Environmental Protection Agency shall provide administrative support as

necessary.

“(f ) Meetings and Staﬀ. The Chair shall convene regular meetings of the

Council, determine its agenda, and direct its work. The Chair shall designate

an Executive Director of the Council, who shall coordinate the work of the

Interagency Council and head any staﬀ assigned to the Council.

“(g) Oﬃcers. To facilitate the work of the Interagency Council, the head of

each agency listed in subsection (b) shall assign a designated oﬃcial within

the agency to be an Environmental Justice Oﬃcer, with the authority to

represent the agency on the Interagency Council and perform such other

duties relating to the implementation of this order within the agency as the

head of the agency deems appropriate.”

(b) The Interagency Council shall, within 120 days of the date of this order,

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submit to the President, through the National Climate Advisor, a set of

recommendations for further updating Executive Order 12898.

Sec. 221. White House Environmental Justice Advisory Council. There is

hereby established, within the Environmental Protection Agency, the White

House Environmental Justice Advisory Council (Advisory Council), which

shall advise the Interagency Council and the Chair of the Council on

Environmental Quality.

(a) Membership. Members shall be appointed by the President, shall be

drawn from across the political spectrum, and may include those with

knowledge about or experience in environmental justice, climate change,

disaster preparedness, racial inequity, or any other area determined by the

President to be of value to the Advisory Council.

(b) Mission and Work. The Advisory Council shall be solely advisory. It

shall provide recommendations to the White House Environmental Justice

Interagency Council established in section 220 of this order on how to

increase the Federal Government’s eﬀorts to address current and historic

environmental injustice, including recommendations for updating Executive

Order 12898.

funding and administrative support for the Advisory Council to the extent

permitted by law and within existing appropriations. Members of the

Advisory Council shall serve without either compensation or reimbursement

of expenses.

(d) Federal Advisory Committee Act. Insofar as the Federal Advisory

Committee Act, as amended (5 U.S.C. App.), may apply to the Advisory

Council, any functions of the President under the Act, except for those in

section 6 of the Act, shall be performed by the Administrator of the

Environmental Protection Agency in accordance with the guidelines that

have been issued by the Administrator of General Services.

Sec. 222. Agency Responsibilities. In furtherance of the policy set forth in

section 219:

(a) The Chair of the Council on Environmental Quality shall, within 6

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months of the date of this order, create a geospatial Climate and Economic

Justice Screening Tool and shall annually publish interactive maps

highlighting disadvantaged communities.

(b) The Administrator of the Environmental Protection Agency shall,

within existing appropriations and consistent with applicable law:

(i) strengthen enforcement of environmental violations with

disproportionate impact on underserved communities through the Oﬃce of

Enforcement and Compliance Assurance; and

(ii) create a community notiﬁcation program to monitor and provide realtime data to the public on current environmental pollution, including

emissions, criteria pollutants, and toxins, in frontline and fenceline

communities — places with the most signiﬁcant exposure to such pollution.

consistent with applicable law:

(i)

consider renaming the Environment and Natural Resources Division the

Environmental Justice and Natural Resources Division;

(ii) direct that division to coordinate with the Administrator of the

Environmental Protection Agency, through the Oﬃce of Enforcement and

Compliance Assurance, as well as with other client agencies as appropriate,

to develop a comprehensive environmental justice enforcement strategy,

which shall seek to provide timely remedies for systemic environmental

violations and contaminations, and injury to natural resources; and

(iii) ensure comprehensive attention to environmental justice throughout

the Department of Justice, including by considering creating an Oﬃce of

Environmental Justice within the Department to coordinate environmental

justice activities among Department of Justice components and United States

Attorneys’ Oﬃces nationwide.

(d) The Secretary of Health and Human Services shall, consistent with

applicable law and within existing appropriations:

(i) establish an Oﬃce of Climate Change and Health Equity to address the

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impact of climate change on the health of the American people; and

(ii) establish an Interagency Working Group to Decrease Risk of Climate

Change to Children, the Elderly, People with Disabilities, and the Vulnerable

as well as a biennial Health Care System Readiness Advisory Council, both of

which shall report their progress and ﬁndings regularly to the Task Force.

(e) The Director of the Oﬃce of Science and Technology Policy shall, in

consultation with the National Climate Advisor, within existing

appropriations, and within 100 days of the date of this order, publish a report

identifying the climate strategies and technologies that will result in the

most air and water quality improvements, which shall be made public to the

maximum extent possible and published on the Oﬃce’s website.

Sec. 223. Justice40 Initiative. (a) Within 120 days of the date of this order,

the Chair of the Council on Environmental Quality, the Director of the Oﬃce

of Management and Budget, and the National Climate Advisor, in

consultation with the Advisory Council, shall jointly publish

recommendations on how certain Federal investments might be made toward

a goal that 40 percent of the overall beneﬁts ﬂow to disadvantaged

communities. The recommendations shall focus on investments in the areas

of clean energy and energy eﬃciency; clean transit; aﬀordable and

sustainable housing; training and workforce development; the remediation

and reduction of legacy pollution; and the development of critical clean

water infrastructure. The recommendations shall reﬂect existing authorities

the agencies may possess for achieving the 40-percent goal as well as

recommendations on any legislation needed to achieve the 40-percent goal.

(b) In developing the recommendations, the Chair of the Council on

Environmental Quality, the Director of the Oﬃce of Management and

Budget, and the National Climate Advisor shall consult with aﬀected

disadvantaged communities.

this section, agency heads shall identify applicable program investment

funds based on the recommendations and consider interim investment

guidance to relevant program staﬀ, as appropriate and consistent with

applicable law.

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(d) By February 2022, the Director of the Oﬃce of Management and

Budget, in coordination with the Chair of the Council on Environmental

Quality, the Administrator of the United States Digital Service, and other

relevant agency heads, shall, to the extent consistent with applicable law,

publish on a public website an annual Environmental Justice Scorecard

detailing agency environmental justice performance measures.

PART III — GENERAL PROVISIONS

Sec. 301. General Provisions. (a) Nothing in this order shall be construed

to impair or otherwise aﬀect:

(i) the authority granted by law to an executive department or agency or the

head thereof; or

(ii) the functions of the Director of the Oﬃce of Management and Budget,

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with applicable law and

subject to the availability of appropriations.

substantive or procedural, enforceable at law or in equity by any party

against the United States, its departments, agencies, or entities, its oﬃcers,

employees, or agents, or any other person.

JOSEPH R. BIDEN JR.

THE WHITE HOUSE,

January 27, 2021.

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