[House Document 114-190]
[From the U.S. Government Publishing Office]
114th Congress, 2d Session - - - - - - - - - House Document 114-190
TAKING ADDITIONAL STEPS TO ADDRESS THE NATIONAL EMERGENCY WITH RESPECT
TO SIGNIFICANT MALICIOUS CYBER-ENABLED ACTIVITIES
__________
COMMUNICATION
from
THE PRESIDENT OF THE UNITED STATES
transmitting
ADDITIONAL STEPS TO ADDRESS THE NATIONAL EMERGENCY WITH RESPECT TO
SIGNIFICANT MALICIOUS CYBER-ENABLED ACTIVITIES AS DECLARED IN EXECUTIVE
ORDER 13694 OF APRIL 1, 2015, PURSUANT TO 50 U.S.C. 1703(b); PUBLIC LAW
95-223 SEC. 204(b); (91 STAT. 1627)
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December 30, 2016.--Referred to the Committee on Foreign Affairs and
ordered to be printed
______
U.S. GOVERNMENT PUBLISHING OFFICE
69-011 WASHINGTON : 2016
The White House,
Washington, December 28, 2016.
Hon. Paul D. Ryan,
Speaker of the House of Representatives,
Washington, DC.
Dear Mr. Speaker: Pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), I hereby
report that I have issued an Executive Order (the ``order'')
that takes additional steps to address the increasing use of
significant malicious cyber-enabled activities to undermine
democratic processes or institutions. These steps have been
taken with respect to the national emergency declared in
Executive Order 13694 of April 1, 2015.
The order amends section 1(a) of Executive Order 13694 by
providing authority for blocking the property and interests in
property of any person determined by the Secretary of the
Treasury, in consultation with the Attorney General and the
Secretary of State, to be responsible for or complicit in, or
to have engaged in, directly or indirectly, cyber-enabled
activities originating from, or directed by persons located, in
whole or in substantial part, outside the United States that
are reasonably likely to result in, or have materially
contributed to, a significant threat to the national security,
foreign policy, or economic health or financial stability of
the United States and that have the purpose or effect of
tampering with, altering, or causing a misappropriation of
information with the purpose or effect of interfering with or
undermining election processes or institutions. The order also
blocks the property and interests in property of the persons
listed in the Annex to the order.
I have delegated to the Secretary of the Treasury the
authority, in consultation with the Attorney General and
Secretary of State, to take such actions, including the
promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA as may be necessary to carry
out the purposes of the order. All agencies of the United
States Government are directed to take all appropriate measures
within their authority to carry out the provisions of the
order.
I am enclosing a copy of the Executive Order I have issued.
Sincerely,
Barack Obama.
Executive Order
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Taking Additional Steps To Address the National Emergency With Respect
to Significant Malicious Cyber-Enabled Activities
By the authority vested in me as President by the
Constitution and the laws of the United States of America,
including the International Emergency Economic Powers Act (50
U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50
U.S.C. 1601 et seq.) (NEA), and section 301 of title 3, United
States Code,
I, BARACK OBAMA, President of the United States of America,
in order to take additional steps to deal with the national
emergency with respect to significant malicious cyber-enabled
activities declared in Executive Order 13694 of April 1, 2015,
and in view of the increasing use of such activities to
undermine democratic processes or institutions, hereby order:
Section 1. Section 1(a) of Executive Order 13694 is hereby
amended to read as follows:
``Section 1. (a) All property and interests in property
that are in the United States, that hereafter come within the
United States, or that are or hereafter come within the
possession or control of any United States person of the
following persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order;
(ii) any person determined by the Secretary of the
Treasury, in consultation with the Attorney General and the
Secretary of State, to be responsible for or complicit in, or
to have engaged in, directly or indirectly, cyber-enabled
activities originating from, or directed by persons located, in
whole or in substantial part, outside the United States that
are reasonably likely to result in, or have materially
contributed to, a significant threat to the national security,
foreign policy, or economic health or financial stability of
the United States and that have the purpose or effect of:
(A) harming, or otherwise significantly compromising
the provision of services by, a computer or network of
computers that support one or more entities in a
critical infrastructure sector;
(B) significantly compromising the provision of
services by one or more entities in a critical
infrastructure sector;
(C) causing a significant disruption to the
availability of a computer or network of computers;
(D) causing a significant misappropriation of funds
or economic resources, trade secrets, personal
identifiers, or financial information for commercial or
competitive advantage or private financial gain; or
(E) tampering with, altering, or causing a
misappropriation of information with the purpose or
effect of interfering with or undermining election
processes or institutions; and
(iii) any person determined by the Secretary of the
Treasury, in consultation with the Attorney General and the
Secretary of State:
(A) to be responsible for or complicit in, or to have
engaged in, the receipt or use for commercial or
competitive advantage or private financial gain, or by
a commercial entity, outside the United States of trade
secrets misappropriated through cyber-enabled means,
knowing they have been misappropriated, where the
misappropriation of such trade secrets is reasonably
likely to result in, or has materially contributed to,
a significant threat to the national security, foreign
policy, or economy of the United States;
(B) to have materially assisted, sponsored, or
provided financial, material, or technological support
for, or goods or services to or in support of, any
activity described in subsections (a)(ii) or
(a)(iii)(A) of this section or any person whose
property and interests in property are blocked pursuant
to this order;
(C) to be owned or controlled by, or to have acted or
purported to act for or on behalf of, directly or
indirectly, any person whose property and interests in
property are blocked pursuant to this order; or
(D) to have attempted to engage in any of the
activities described in subsections (a)(ii) and
(a)(iii)(A)-(C) of this section.''
Sec. 2. Executive Order 13694 is further amended by adding
as an Annex to Executive Order 13694 the Annex to this order.
Sec. 3. Executive Order 13694 is further amended by
redesignating section 10 as section 11 and adding a new section
10 to read as follows:
``Sec. 10. The Secretary of the Treasury, in consultation
with the Attorney General and the Secretary of State, is hereby
authorized to determine that circumstances no longer warrant
the blocking of the property and interests in property of a
person listed in the Annex to this order, and to take necessary
action to give effect to that determination.''
Sec. 4. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, or entities, its officers, employees, or
agents, or any other person.
Sec. 5. This order is effective at 12:01 a.m. eastern
standard time on December 29, 2016.
Barack Obama.
The White House, December 28, 2016.
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