Page 1249 - Trump Executive Orders 2017-2021

Federal Register / Vol. 86, No. 13 / Friday, January 22, 2021 / Presidential Documents 6819

investigation of the viability of the charge, subject to the guidance described
in 5(a) of this order governing referral of regulatory offenses subject to
strict liability.
Sec. 6. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) the authority granted by law to an executive department or agency,
or the head thereof; or
(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(c) Notwithstanding any other provision in this order, nothing in this
order shall apply:
(i) to any action that pertains to foreign or military affairs, or to a national
security or homeland security function of the United States (other than
procurement actions and actions involving the import or export of non-
defense articles and services);
(ii) to any action that the Department of Justice takes related to a criminal
investigation or prosecution, including undercover operations, or any civil
enforcement action or related investigation by the Department of Justice,
in addition to any action related to a civil investigative demand under
18 U.S.C. 1968;
(iii) to any action related to counterfeit goods, pirated goods, or other
goods that infringe intellectual property rights, or goods that are adulterated
or misbranded, or goods for which regulatory approval was required prior
to distribution but not obtained;
(iv) to strict liability misdemeanor prosecutions concluded via plea agree-
ment;
(v) to any investigation of misconduct by an agency employee or any
disciplinary, corrective, or employment action taken against an agency
employee; or
(vi) in any other circumstance or proceeding to which application of
this order, or any part of this order, would, in the judgment of the
head of the agency, undermine the national security.

jbell on DSKJLSW7X2PROD with EXECORD3 VerDate Sep<11>2014 20:44 Jan 21, 2021 Jkt 253001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\22JAE3.SGM 22JAE3