America First Trade Policy, 8471-8475 [2025-02032]
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Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 / Presidential Documents
8471
Presidential Documents
Memorandum of January 20, 2025
America First Trade Policy
Memorandum for the Secretary of State[,] the Secretary of the Treasury[,]
the Secretary of Defense[,] the Secretary of Commerce[,] the Secretary of
Homeland Security[,] the Director of the Office of Management and
Budget[,] the United States Trade Representative[,] the Assistant to the
President for Economic Policy[, and] the Senior Counselor for Trade and
Manufacturing
Section 1. Background. In 2017, my Administration pursued trade and economic policies that put the American economy, the American worker, and
our national security first. This spurred an American revitalization marked
by stable supply chains, massive economic growth, historically low inflation,
a substantial increase in real wages and real median household wealth,
and a path toward eliminating destructive trade deficits.
My Administration treated trade policy as a critical component to national
security and reduced our Nation’s dependence on other countries to meet
our key security needs.
Americans benefit from and deserve an America First trade policy. Therefore,
I am establishing a robust and reinvigorated trade policy that promotes
investment and productivity, enhances our Nation’s industrial and technological advantages, defends our economic and national security, and—above
all—benefits American workers, manufacturers, farmers, ranchers, entrepreneurs, and businesses.
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Sec. 2. Addressing Unfair and Unbalanced Trade. (a) The Secretary of Commerce, in consultation with the Secretary of the Treasury and the United
States Trade Representative, shall investigate the causes of our country’s
large and persistent annual trade deficits in goods, as well as the economic
and national security implications and risks resulting from such deficits,
and recommend appropriate measures, such as a global supplemental tariff
or other policies, to remedy such deficits.
(b) The Secretary of the Treasury, in consultation with the Secretary
of Commerce and the Secretary of Homeland Security, shall investigate
the feasibility of establishing and recommend the best methods for designing,
building, and implementing an External Revenue Service (ERS) to collect
tariffs, duties, and other foreign trade-related revenues.
(c) The United States Trade Representative, in consultation with the Secretary of the Treasury, the Secretary of Commerce, and the Senior Counselor
for Trade and Manufacturing, shall undertake a review of, and identify,
any unfair trade practices by other countries and recommend appropriate
actions to remedy such practices under applicable authorities, including,
but not limited to, the Constitution of the United States; sections 71 through
75 of title 15, United States Code; sections 1337, 1338, 2252, 2253, and
2411 of title 19, United States Code; section 1701 of title 50, United States
Code; and trade agreement implementing acts.
(d) The United States Trade Representative shall commence the public
consultation process set out in section 4611(b) of title 19, United States
Code, with respect to the United States-Mexico-Canada Agreement (USMCA)
in preparation for the July 2026 review of the USMCA. Additionally, the
United States Trade Representative, in consultation with the heads of other
relevant executive departments and agencies, shall assess the impact of
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Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 / Presidential Documents
the USMCA on American workers, farmers, ranchers, service providers, and
other businesses and make recommendations regarding the United States’
participation in the agreement. The United States Trade Representative shall
also report to appropriate congressional committees on the operation of
the USMCA and related matters consistent with section 4611(b) of title
19, United States Code.
(e) The Secretary of the Treasury shall review and assess the policies
and practices of major United States trading partners with respect to the
rate of exchange between their currencies and the United States dollar
pursuant to section 4421 of title 19, United States Code, and section 5305
of title 22, United States Code. The Secretary of the Treasury shall recommend appropriate measures to counter currency manipulation or misalignment that prevents effective balance of payments adjustments or that provides
trading partners with an unfair competitive advantage in international trade,
and shall identify any countries that he believes should be designated as
currency manipulators.
(f) The United States Trade Representative shall review existing United
States trade agreements and sectoral trade agreements and recommend any
revisions that may be necessary or appropriate to achieve or maintain the
general level of reciprocal and mutually advantageous concessions with
respect to free trade agreement partner countries.
(g) The United States Trade Representative shall identify countries with
which the United States can negotiate agreements on a bilateral or sectorspecific basis to obtain export market access for American workers, farmers,
ranchers, service providers, and other businesses and shall make recommendations regarding such potential agreements.
(h) The Secretary of Commerce shall review policies and regulations regarding the application of antidumping and countervailing duty (AD/CVD) laws,
including with regard to transnational subsidies, cost adjustments, affiliations, and ‘‘zeroing.’’ Further, the Secretary of Commerce shall review
procedures for conducting verifications pursuant to section 1677m of title
19, United States Code, and assess whether these procedures sufficiently
induce compliance by foreign respondents and governments involved in
AD/CVD proceedings. The Secretary of Commerce shall consider modifications to these procedures, as appropriate.
(i) The Secretary of the Treasury, the Secretary of Commerce, the Secretary
of Homeland Security, and the Senior Counselor for Trade and Manufacturing, in consultation with the United States Trade Representative, shall
assess the loss of tariff revenues and the risks from importing counterfeit
products and contraband drugs, e.g., fentanyl, that each result from the
current implementation of the $800 or less, duty-free de minimis exemption
under section 1321 of title 19, United States Code, and shall recommend
modifications as warranted to protect both the revenue of the United States
and the public health by preventing unlawful importations.
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(j) The Secretary of the Treasury, in consultation with the Secretary of
Commerce and the United States Trade Representative, shall investigate
whether any foreign country subjects United States citizens or corporations
to discriminatory or extraterritorial taxes pursuant to section 891 of title
26, United States Code.
(k) The United States Trade Representative, in consultation with the Senior
Counselor for Trade and Manufacturing, shall review the impact of all trade
agreements—including the World Trade Organization Agreement on Government Procurement—on the volume of Federal procurement covered by Executive Order 13788 of April 18, 2017 (Buy American and Hire American),
and shall make recommendations to ensure that such agreements are being
implemented in a manner that favors domestic workers and manufacturers,
not foreign nations.
Sec. 3. Economic and Trade Relations with the People’s Republic of China
(PRC). (a) The United States Trade Representative shall review the Economic
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8473
and Trade Agreement Between the Government of the United States of
America and the Government of the People’s Republic of China to determine
whether the PRC is acting in accordance with this agreement, and shall
recommend appropriate actions to be taken based upon the findings of
this review, up to and including the imposition of tariffs or other measures
as needed.
(b) The United States Trade Representative shall assess the May 14, 2024,
report entitled ‘‘Four-Year Review of Actions Taken in the Section 301
Investigation: China’s Acts, Policies, and Practices Related to Technology
Transfer, Intellectual Property, and Innovation’’ and consider potential additional tariff modifications as needed under section 2411 of title 19, United
States Code—particularly with respect to industrial supply chains and circumvention through third countries, including an updated estimate of the
costs imposed by any unfair trade practices identified in such review—
and he shall recommend such actions as are necessary to remediate any
issues identified in connection with this process.
(c) The United States Trade Representative shall investigate other acts,
policies, and practices by the PRC that may be unreasonable or discriminatory
and that may burden or restrict United States commerce, and shall make
recommendations regarding appropriate responsive actions, including, but
not limited to, actions authorized by section 2411 of title 19, United States
Code.
(d) The Secretary of Commerce and the United States Trade Representative
shall assess legislative proposals regarding Permanent Normal Trade Relations
with the PRC and make recommendations regarding any proposed changes
to such legislative proposals.
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(e) The Secretary of Commerce shall assess the status of United States
intellectual property rights such as patents, copyrights, and trademarks conferred upon PRC persons, and shall make recommendations to ensure reciprocal and balanced treatment of intellectual property rights with the PRC.
Sec. 4. Additional Economic Security Matters. (a) The Secretary of Commerce,
in consultation with the Secretary of Defense and the heads of any other
relevant agencies, shall conduct a full economic and security review of
the United States’ industrial and manufacturing base to assess whether it
is necessary to initiate investigations to adjust imports that threaten the
national security of the United States under section 1862 of title 19, United
States Code.
(b) The Assistant to the President for Economic Policy, in consultation
with the Secretary of Commerce, the United States Trade Representative,
and the Senior Counselor for Trade and Manufacturing, shall review and
assess the effectiveness of the exclusions, exemptions, and other import
adjustment measures on steel and aluminum under section 1862 of title
19, United States Code, in responding to threats to the national security
of the United States, and shall make recommendations based upon the
findings of this review.
(c) The Secretary of State and the Secretary of Commerce, in cooperation
with the heads of other agencies with export control authorities, shall review
the United States export control system and advise on modifications in
light of developments involving strategic adversaries or geopolitical rivals
as well as all other relevant national security and global considerations.
Specifically, the Secretary of State and the Secretary of Commerce shall
assess and make recommendations regarding how to maintain, obtain, and
enhance our Nation’s technological edge and how to identify and eliminate
loopholes in existing export controls—especially those that enable the transfer
of strategic goods, software, services, and technology to countries to strategic
rivals and their proxies. In addition, they shall assess and make recommendations regarding export control enforcement policies and practices, and enforcement mechanisms to incentivize compliance by foreign countries, including appropriate trade and national security measures.
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(d) The Secretary of Commerce shall review and recommend appropriate
action with respect to the rulemaking by the Office of Information and
Communication Technology and Services (ICTS) on connected vehicles, and
shall consider whether controls on ICTS transactions should be expanded
to account for additional connected products.
(e) The Secretary of the Treasury, in consultation with the Secretary of
Commerce and, as appropriate, the heads of any other relevant agencies,
shall review whether Executive Order 14105 of August 9, 2023 (Addressing
United States Investments in Certain National Security Technologies and
Products in Countries of Concern) should be modified or rescinded and
replaced, and assess whether the final rule entitled ‘‘Provisions Pertaining
to U.S. Investments in Certain National Security Technologies and Products
in Countries of Concern,’’ 89 FR 90398 (November 15, 2024), which implements Executive Order 14105, includes sufficient controls to address national
security threats. The Secretary of the Treasury shall make recommendations
based upon the findings of this review, including potential modifications
to the Outbound Investment Security Program.
(f) The Director of the Office of Management and Budget shall assess
any distorting impact of foreign government financial contributions or subsidies on United States Federal procurement programs and propose guidance,
regulations, or legislation to combat such distortion.
(g) The Secretary of Commerce and the Secretary of Homeland Security
shall assess the unlawful migration and fentanyl flows from Canada, Mexico,
the PRC, and any other relevant jurisdictions and recommend appropriate
trade and national security measures to resolve that emergency.
Sec. 5. Reports. The results of the reviews and investigations, findings,
identifications, and recommendations identified in:
(a) sections 2(a), 2(h), 3(d), 3(e), 4(a), 4(b), 4(c), 4(d), and 4(g) shall be
delivered to me in a unified report coordinated by the Secretary of Commerce
by April 1, 2025;
(b) sections 2(b), 2(e), 2(i), 2(j), and 4(e) shall be delivered to me in
a unified report coordinated by the Secretary of the Treasury by April
1, 2025;
(c) sections 2(c), 2(d), 2(f), 2(g), 2(k), 3(a), 3(b), and 3(c) shall be delivered
to me in a unified report coordinated by the United States Trade Representative by April 1, 2025; and
(d) section 4(f) shall be delivered to me by the Director of the Office
of Management and Budget by April 30, 2025.
Sec. 6. General Provisions. (a) Nothing in this memorandum 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
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(ii) the functions of the Director of the Office of Management and Budget
relating to budgetary, administrative, or legislative proposals.
(b) This memorandum shall be implemented consistent with applicable
law and subject to the availability of appropriations.
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(c) This memorandum 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.
THE WHITE HOUSE,
Washington, January 20, 2025
[FR Doc. 2025–02032
Filed 1–29–25; 8:45 am]
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Billing code 3395–F4–P
Agencies
[Federal Register Volume 90, Number 19 (Thursday, January 30, 2025)]
[Presidential Documents]
[Pages 8471-8475]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-02032]
Presidential Documents
Federal Register / Vol. 90, No. 19 / Thursday, January 30, 2025 /
Presidential Documents
[[Page 8471]]
Memorandum of January 20, 2025
America First Trade Policy
Memorandum for the Secretary of State[,] the Secretary
of the Treasury[,] the Secretary of Defense[,] the
Secretary of Commerce[,] the Secretary of Homeland
Security[,] the Director of the Office of Management
and Budget[,] the United States Trade Representative[,]
the Assistant to the President for Economic Policy[,
and] the Senior Counselor for Trade and Manufacturing
Section 1. Background. In 2017, my Administration
pursued trade and economic policies that put the
American economy, the American worker, and our national
security first. This spurred an American revitalization
marked by stable supply chains, massive economic
growth, historically low inflation, a substantial
increase in real wages and real median household
wealth, and a path toward eliminating destructive trade
deficits.
My Administration treated trade policy as a critical
component to national security and reduced our Nation's
dependence on other countries to meet our key security
needs.
Americans benefit from and deserve an America First
trade policy. Therefore, I am establishing a robust and
reinvigorated trade policy that promotes investment and
productivity, enhances our Nation's industrial and
technological advantages, defends our economic and
national security, and--above all--benefits American
workers, manufacturers, farmers, ranchers,
entrepreneurs, and businesses.
Sec. 2. Addressing Unfair and Unbalanced Trade. (a) The
Secretary of Commerce, in consultation with the
Secretary of the Treasury and the United States Trade
Representative, shall investigate the causes of our
country's large and persistent annual trade deficits in
goods, as well as the economic and national security
implications and risks resulting from such deficits,
and recommend appropriate measures, such as a global
supplemental tariff or other policies, to remedy such
deficits.
(b) The Secretary of the Treasury, in consultation
with the Secretary of Commerce and the Secretary of
Homeland Security, shall investigate the feasibility of
establishing and recommend the best methods for
designing, building, and implementing an External
Revenue Service (ERS) to collect tariffs, duties, and
other foreign trade-related revenues.
(c) The United States Trade Representative, in
consultation with the Secretary of the Treasury, the
Secretary of Commerce, and the Senior Counselor for
Trade and Manufacturing, shall undertake a review of,
and identify, any unfair trade practices by other
countries and recommend appropriate actions to remedy
such practices under applicable authorities, including,
but not limited to, the Constitution of the United
States; sections 71 through 75 of title 15, United
States Code; sections 1337, 1338, 2252, 2253, and 2411
of title 19, United States Code; section 1701 of title
50, United States Code; and trade agreement
implementing acts.
(d) The United States Trade Representative shall
commence the public consultation process set out in
section 4611(b) of title 19, United States Code, with
respect to the United States-Mexico-Canada Agreement
(USMCA) in preparation for the July 2026 review of the
USMCA. Additionally, the United States Trade
Representative, in consultation with the heads of other
relevant executive departments and agencies, shall
assess the impact of
[[Page 8472]]
the USMCA on American workers, farmers, ranchers,
service providers, and other businesses and make
recommendations regarding the United States'
participation in the agreement. The United States Trade
Representative shall also report to appropriate
congressional committees on the operation of the USMCA
and related matters consistent with section 4611(b) of
title 19, United States Code.
(e) The Secretary of the Treasury shall review and
assess the policies and practices of major United
States trading partners with respect to the rate of
exchange between their currencies and the United States
dollar pursuant to section 4421 of title 19, United
States Code, and section 5305 of title 22, United
States Code. The Secretary of the Treasury shall
recommend appropriate measures to counter currency
manipulation or misalignment that prevents effective
balance of payments adjustments or that provides
trading partners with an unfair competitive advantage
in international trade, and shall identify any
countries that he believes should be designated as
currency manipulators.
(f) The United States Trade Representative shall
review existing United States trade agreements and
sectoral trade agreements and recommend any revisions
that may be necessary or appropriate to achieve or
maintain the general level of reciprocal and mutually
advantageous concessions with respect to free trade
agreement partner countries.
(g) The United States Trade Representative shall
identify countries with which the United States can
negotiate agreements on a bilateral or sector-specific
basis to obtain export market access for American
workers, farmers, ranchers, service providers, and
other businesses and shall make recommendations
regarding such potential agreements.
(h) The Secretary of Commerce shall review policies
and regulations regarding the application of
antidumping and countervailing duty (AD/CVD) laws,
including with regard to transnational subsidies, cost
adjustments, affiliations, and ``zeroing.'' Further,
the Secretary of Commerce shall review procedures for
conducting verifications pursuant to section 1677m of
title 19, United States Code, and assess whether these
procedures sufficiently induce compliance by foreign
respondents and governments involved in AD/CVD
proceedings. The Secretary of Commerce shall consider
modifications to these procedures, as appropriate.
(i) The Secretary of the Treasury, the Secretary of
Commerce, the Secretary of Homeland Security, and the
Senior Counselor for Trade and Manufacturing, in
consultation with the United States Trade
Representative, shall assess the loss of tariff
revenues and the risks from importing counterfeit
products and contraband drugs, e.g., fentanyl, that
each result from the current implementation of the $800
or less, duty-free de minimis exemption under section
1321 of title 19, United States Code, and shall
recommend modifications as warranted to protect both
the revenue of the United States and the public health
by preventing unlawful importations.
(j) The Secretary of the Treasury, in consultation
with the Secretary of Commerce and the United States
Trade Representative, shall investigate whether any
foreign country subjects United States citizens or
corporations to discriminatory or extraterritorial
taxes pursuant to section 891 of title 26, United
States Code.
(k) The United States Trade Representative, in
consultation with the Senior Counselor for Trade and
Manufacturing, shall review the impact of all trade
agreements--including the World Trade Organization
Agreement on Government Procurement--on the volume of
Federal procurement covered by Executive Order 13788 of
April 18, 2017 (Buy American and Hire American), and
shall make recommendations to ensure that such
agreements are being implemented in a manner that
favors domestic workers and manufacturers, not foreign
nations.
Sec. 3. Economic and Trade Relations with the People's
Republic of China (PRC). (a) The United States Trade
Representative shall review the Economic
[[Page 8473]]
and Trade Agreement Between the Government of the
United States of America and the Government of the
People's Republic of China to determine whether the PRC
is acting in accordance with this agreement, and shall
recommend appropriate actions to be taken based upon
the findings of this review, up to and including the
imposition of tariffs or other measures as needed.
(b) The United States Trade Representative shall
assess the May 14, 2024, report entitled ``Four-Year
Review of Actions Taken in the Section 301
Investigation: China's Acts, Policies, and Practices
Related to Technology Transfer, Intellectual Property,
and Innovation'' and consider potential additional
tariff modifications as needed under section 2411 of
title 19, United States Code--particularly with respect
to industrial supply chains and circumvention through
third countries, including an updated estimate of the
costs imposed by any unfair trade practices identified
in such review--and he shall recommend such actions as
are necessary to remediate any issues identified in
connection with this process.
(c) The United States Trade Representative shall
investigate other acts, policies, and practices by the
PRC that may be unreasonable or discriminatory and that
may burden or restrict United States commerce, and
shall make recommendations regarding appropriate
responsive actions, including, but not limited to,
actions authorized by section 2411 of title 19, United
States Code.
(d) The Secretary of Commerce and the United States
Trade Representative shall assess legislative proposals
regarding Permanent Normal Trade Relations with the PRC
and make recommendations regarding any proposed changes
to such legislative proposals.
(e) The Secretary of Commerce shall assess the
status of United States intellectual property rights
such as patents, copyrights, and trademarks conferred
upon PRC persons, and shall make recommendations to
ensure reciprocal and balanced treatment of
intellectual property rights with the PRC.
Sec. 4. Additional Economic Security Matters. (a) The
Secretary of Commerce, in consultation with the
Secretary of Defense and the heads of any other
relevant agencies, shall conduct a full economic and
security review of the United States' industrial and
manufacturing base to assess whether it is necessary to
initiate investigations to adjust imports that threaten
the national security of the United States under
section 1862 of title 19, United States Code.
(b) The Assistant to the President for Economic
Policy, in consultation with the Secretary of Commerce,
the United States Trade Representative, and the Senior
Counselor for Trade and Manufacturing, shall review and
assess the effectiveness of the exclusions, exemptions,
and other import adjustment measures on steel and
aluminum under section 1862 of title 19, United States
Code, in responding to threats to the national security
of the United States, and shall make recommendations
based upon the findings of this review.
(c) The Secretary of State and the Secretary of
Commerce, in cooperation with the heads of other
agencies with export control authorities, shall review
the United States export control system and advise on
modifications in light of developments involving
strategic adversaries or geopolitical rivals as well as
all other relevant national security and global
considerations. Specifically, the Secretary of State
and the Secretary of Commerce shall assess and make
recommendations regarding how to maintain, obtain, and
enhance our Nation's technological edge and how to
identify and eliminate loopholes in existing export
controls--especially those that enable the transfer of
strategic goods, software, services, and technology to
countries to strategic rivals and their proxies. In
addition, they shall assess and make recommendations
regarding export control enforcement policies and
practices, and enforcement mechanisms to incentivize
compliance by foreign countries, including appropriate
trade and national security measures.
[[Page 8474]]
(d) The Secretary of Commerce shall review and
recommend appropriate action with respect to the
rulemaking by the Office of Information and
Communication Technology and Services (ICTS) on
connected vehicles, and shall consider whether controls
on ICTS transactions should be expanded to account for
additional connected products.
(e) The Secretary of the Treasury, in consultation
with the Secretary of Commerce and, as appropriate, the
heads of any other relevant agencies, shall review
whether Executive Order 14105 of August 9, 2023
(Addressing United States Investments in Certain
National Security Technologies and Products in
Countries of Concern) should be modified or rescinded
and replaced, and assess whether the final rule
entitled ``Provisions Pertaining to U.S. Investments in
Certain National Security Technologies and Products in
Countries of Concern,'' 89 FR 90398 (November 15,
2024), which implements Executive Order 14105, includes
sufficient controls to address national security
threats. The Secretary of the Treasury shall make
recommendations based upon the findings of this review,
including potential modifications to the Outbound
Investment Security Program.
(f) The Director of the Office of Management and
Budget shall assess any distorting impact of foreign
government financial contributions or subsidies on
United States Federal procurement programs and propose
guidance, regulations, or legislation to combat such
distortion.
(g) The Secretary of Commerce and the Secretary of
Homeland Security shall assess the unlawful migration
and fentanyl flows from Canada, Mexico, the PRC, and
any other relevant jurisdictions and recommend
appropriate trade and national security measures to
resolve that emergency.
Sec. 5. Reports. The results of the reviews and
investigations, findings, identifications, and
recommendations identified in:
(a) sections 2(a), 2(h), 3(d), 3(e), 4(a), 4(b),
4(c), 4(d), and 4(g) shall be delivered to me in a
unified report coordinated by the Secretary of Commerce
by April 1, 2025;
(b) sections 2(b), 2(e), 2(i), 2(j), and 4(e) shall
be delivered to me in a unified report coordinated by
the Secretary of the Treasury by April 1, 2025;
(c) sections 2(c), 2(d), 2(f), 2(g), 2(k), 3(a),
3(b), and 3(c) shall be delivered to me in a unified
report coordinated by the United States Trade
Representative by April 1, 2025; and
(d) section 4(f) shall be delivered to me by the
Director of the Office of Management and Budget by
April 30, 2025.
Sec. 6. General Provisions. (a) Nothing in this
memorandum 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 memorandum shall be implemented consistent
with applicable law and subject to the availability of
appropriations.
[[Page 8475]]
(c) This memorandum 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,
Washington, January 20, 2025
[FR Doc. 2025-02032
Filed 1-29-25; 8:45 am]
Billing code 3395-F4-P