82 FR 21675 - Promoting Free Speech and Religious Liberty

Executive Office of the President

Federal Register Volume 82, Issue 88 (May 9, 2017)

[Federal Register Volume 82, Number 88 (Tuesday, May 9, 2017)]
[Presidential Documents]
[Pages 21675-21676]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-09574]




                        Presidential Documents 



Federal Register / Vol. 82 , No. 88 / Tuesday, May 9, 2017 / 
Presidential Documents

[[Page 21675]]


                Executive Order 13798 of May 4, 2017

                
Promoting Free Speech and Religious Liberty

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, in order to guide the executive branch in 
                formulating and implementing policies with implications 
                for the religious liberty of persons and organizations 
                in America, and to further compliance with the 
                Constitution and with applicable statutes and 
                Presidential Directives, it is hereby ordered as 
                follows:

                Section 1. Policy. It shall be the policy of the 
                executive branch to vigorously enforce Federal law's 
                robust protections for religious freedom. The Founders 
                envisioned a Nation in which religious voices and views 
                were integral to a vibrant public square, and in which 
                religious people and institutions were free to practice 
                their faith without fear of discrimination or 
                retaliation by the Federal Government. For that reason, 
                the United States Constitution enshrines and protects 
                the fundamental right to religious liberty as 
                Americans' first freedom. Federal law protects the 
                freedom of Americans and their organizations to 
                exercise religion and participate fully in civic life 
                without undue interference by the Federal Government. 
                The executive branch will honor and enforce those 
                protections.

                Sec. 2. Respecting Religious and Political Speech. All 
                executive departments and agencies (agencies) shall, to 
                the greatest extent practicable and to the extent 
                permitted by law, respect and protect the freedom of 
                persons and organizations to engage in religious and 
                political speech. In particular, the Secretary of the 
                Treasury shall ensure, to the extent permitted by law, 
                that the Department of the Treasury does not take any 
                adverse action against any individual, house of 
                worship, or other religious organization on the basis 
                that such individual or organization speaks or has 
                spoken about moral or political issues from a religious 
                perspective, where speech of similar character has, 
                consistent with law, not ordinarily been treated as 
                participation or intervention in a political campaign 
                on behalf of (or in opposition to) a candidate for 
                public office by the Department of the Treasury. As 
                used in this section, the term ``adverse action'' means 
                the imposition of any tax or tax penalty; the delay or 
                denial of tax-exempt status; the disallowance of tax 
                deductions for contributions made to entities exempted 
                from taxation under section 501(c)(3) of title 26, 
                United States Code; or any other action that makes 
                unavailable or denies any tax deduction, exemption, 
                credit, or benefit.

                Sec. 3. Conscience Protections with Respect to 
                Preventive-Care Mandate. The Secretary of the Treasury, 
                the Secretary of Labor, and the Secretary of Health and 
                Human Services shall consider issuing amended 
                regulations, consistent with applicable law, to address 
                conscience-based objections to the preventive-care 
                mandate promulgated under section 300gg-13(a)(4) of 
                title 42, United States Code.

                Sec. 4. Religious Liberty Guidance. In order to guide 
                all agencies in complying with relevant Federal law, 
                the Attorney General shall, as appropriate, issue 
                guidance interpreting religious liberty protections in 
                Federal law.

                Sec. 5. Severability. If any provision of this order, 
                or the application of any provision to any individual 
                or circumstance, is held to be invalid, the remainder 
                of this order and the application of its other 
                provisions to any other individuals or circumstances 
                shall not be affected thereby.

[[Page 21676]]

                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) 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.
                
                
                    (Presidential Sig.)

                THE WHITE HOUSE,

                    May 4, 2017.

[FR Doc. 2017-09574
Filed 5-8-17; 11:15 am]
Billing code 3295-F7-P