GOVERNOR
Vol. 38 Iss. 12 - January 31, 2022

EXECUTIVE ORDER NUMBER ONE (2022)

Ending the Use of Inherently Divisive Concepts, Including Critical Race Theory, and Restoring Excellence in K-12 Public Education in the Commonwealth

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order to ensure excellence in K-12 public education in the Commonwealth by taking the first step on Day One to end the use of inherently divisive concepts, including Critical Race Theory, and to raise academic standards.

Importance of the Initiative

The future of the Commonwealth of Virginia is chiefly dependent on the education of our children. Education has life-shaping power, and our educational system should instill in Virginia students a love for lifelong learning to ensure that they become their own best teachers. We must enable our students to take risks, to think differently, to imagine, and to see conversations regarding art, science, and history as a place where they have a voice.

Political indoctrination has no place in our classrooms. The vast majority of learning in our schools involves imparting critical knowledge and skills in math, science, history, reading and other areas that should be non-controversial. Inherently divisive concepts, like Critical Race Theory and its progeny, instruct students to only view life through the lens of race and presumes that some students are consciously or unconsciously racist, sexist, or oppressive, and that other students are victims. This denies our students the opportunity to gain important facts, core knowledge, formulate their own opinions, and to think for themselves. Our children deserve far better from their education than to be told what to think.

Instead, the foundation of our educational system should be built on teaching our students how to think for themselves. Virginia must renew its commitment to teaching our children the value of freedom of thought and diversity of ideas. We must equip our teachers to teach our students the entirety of our history – both good and bad. From the horrors of American slavery and segregation, and our country's treatment of Native Americans, to the triumph of America's Greatest Generation against the Nazi Empire, the heroic efforts of Americans in the Civil Rights Movement, and our country's defeat of the Soviet Union and the ills of Communism, we must provide our students with the facts and context necessary to understand these important events. Only then will we realize Dr. Martin Luther King Jr.'s dream that our children "will not be judged by the color of their skin but by the content of their character."

The Constitution of Virginia requires that the Governor shall take care that the laws be faithfully executed. It further provides a right to be free from any governmental discrimination upon the basis of religious conviction, race, color, sex, or national origin. Critical race theory and related concepts are teaching our children to engage in the very behavior the Constitution prohibits.

Directive

Accordingly, pursuant to the authority vested in me as the Chief Executive Officer of the Commonwealth, and pursuant to Article V of the Constitution and the laws of Virginia, I hereby order the following:

1. The Superintendent of Public Instruction shall review all policies within the Department of Education to identify those that promote inherently divisive concepts. Such policies shall be ended.

2. The Superintendent of Public Instruction shall immediately review all guidelines, websites, best practices, and other materials produced by the Department of Education to identify those that promote or endorse divisive or inherently racist concepts. Such shall be removed.

3. Executive Employees shall be prohibited from directing or otherwise compelling students to personally affirm, adopt, or adhere to inherently divisive concepts.

4. The Superintendent of Public Instruction shall review the Department of Education's Cultural Competency Training to determine if it or any portion promotes inherently divisive concepts, and take action consistent with the laws of Virginia to modify such training to end the use of inherently divisive concepts. In addition, the Superintendent shall make recommendations on how the Department of Education and school division can develop and make available to all teachers and school leaders model professional development and training so teachers and schools are prepared to engage students on important civics and historical issues in a fair and unbiased manner without imposing their own personal beliefs.

5. The Superintendent of Public Instruction shall review and revise or rescind Superintendent's Memo #050-19 to remove reference to any inherently divisive concepts.

6. The Superintendent of Public Instruction shall review all changes made to the Commonwealth of Virginia's public education curriculum within the last 48 months to identify inherently divisive concepts, including concepts or ideas related to Critical Race Theory, and initiate, through the regular curriculum re-evaluation process, changes that will replace them with concepts and lessons that ensure all Virginia students are taught to respect all individuals regardless of their race, sex, or faith.

7. The Superintendent of Public Instruction shall review the "EdEquityVA" program and end any portion that promotes inherently divisive concepts.

8. The Superintendent of Public Instruction shall end the Virginia Math Pathways Initiative.

9. The Superintendent of Public Instruction shall provide a report to me and the Secretary of Education within 30 days any policies, programs, training, or curricula that falls within the definition of inherently divisive concepts and within 90 days identify any necessary executive and legislative actions needed to end use of all inherently divisive concepts in public education.

10. The Superintendent of Public Instruction shall review and immediately end the use of any portion of any Governor's School program that promotes inherently divisive concepts.

11. The Superintendent of Public Instruction shall raise standards in K-12 education and immediately take steps to:

a. increase the transparency and honesty of performance measures for public elementary and secondary schools in the Commonwealth and ensure that such measures do not obscure or conceal disparities in performance among student groups;

b. ensure that performance measures for public elementary and secondary schools prioritize the attainment of grade-level proficiency in reading and mathematics for all students, especially in grades K-5;

c. ensure that the Commonwealth's proficiency standards on Standards of Learning assessments in reading and mathematics are rigorous in comparison with assessments administered by other states and national assessments in reading; and

d. increase the number of academic-year Governor's Schools in the Commonwealth and maintain standards of excellence for students in all such schools.

e. ensure that parents are empowered with open access to information on primary instructional materials utilized in any school and that fair and open policies are in place to address any concerns or complaints in a timely and respectful manner.

12. The Superintendent of Public Instruction shall issue a report to the Secretary of Education and me within 90 days on the status of efforts to close the "achievement gap" in K-12 education, with recommendations for additional executive and legislative actions that should be undertaken to ensure all students are graduating high school career and college ready.

13. The Superintendent of Public Instruction will initiate, through the regular curriculum re-evaluation process, changes that ensure Virginia students are given thorough and comprehensive education of world, United States, and Virginia history without the influence of inherently divisive concepts.

For the purposes of this Executive order "inherently divisive concepts" means advancing any ideas in violation of Title IV and Title VI of the Civil Rights Act of 1964, including, but not limited to of the following concepts (i) one race, skin color, ethnicity, sex, or faith is inherently superior to another race, skin color, ethnicity, sex, or faith; (ii) an individual, by virtue of his or her race, skin color, ethnicity, sex or faith, is racist, sexist, or oppressive, whether consciously or subconsciously, (iii) an individual should be discriminated against or receive adverse treatment solely or partly because of his or her race, skin color, ethnicity, sex or faith, (iv) members of one race, ethnicity, sex or faith cannot and should not attempt to treat others as individuals without respect to race, sex or faith, (v) an individual's moral character is inherently determined by his or her race, skin color, ethnicity, sex, or faith, (vi) an individual, by virtue of his or her race, skin color, ethnicity, sex, or faith, bears responsibility for actions committed in the past by other members of the same race, ethnicity, sex or faith, (vii) meritocracy or traits, such as a hard work ethic, are racist or sexist or were created by a particular race to oppress another race.

Effective Date

This Executive Order shall be effective upon its signing and shall remain in force and effect unless amended or rescinded by further executive order or directive.

Given under my hand and under the Seal of the Commonwealth of Virginia, this 15th day of January, 2022.

/s/ Glenn Youngkin, Governor

EXECUTIVE ORDER NUMBER TWO (2022) AND ORDER OF PUBLIC HEALTH EMERGENCY ONE

Reaffirming the Rights of Parents in the Upbringing, Education, and Care of Their Children

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order reaffirming the rights of parents in the upbringing, education, and care of their children.

Importance of the Issue

There is no greater priority than the health and welfare of Virginia's children. Under Virginia law, parents, not the government, have the fundamental right to make decisions concerning the care of their children.

Recent government orders requiring virtually every child in Virginia wear masks virtually every moment they are in school have proven ineffective and impractical. They have also failed to keep up with rapidly changing scientific information. For example, the August 12, 2021 Order of the State Health Commissioner explicitly relates to the Delta variant and not the Omicron variant, which results in less severe illness. The order states children under the age of 12 cannot obtain vaccines. Now children five and older are eligible. The order also states vaccination rates for children that are now out of date. The order notes that "universal and correct mask use" helps reduce transmission. As parents and educators have observed, many children wear masks incorrectly, providing little or no health benefit. The masks worn by children are often ineffective because they are made from cloth material, and they are often not clean, resulting in the collection of impurities, including bacteria and parasites. Additionally, wearing masks for prolonged periods of time, such as for an entire school day, decreases their effectiveness. Masking may be more or less effective dependent on the age of the child.

At the same time that a universal masking requirement in schools has provided inconsistent health benefits, the universal requirement has also inflicted notable harm and proven to be impracticable. Masks inhibit the ability of children to communicate, delay language development, and impede the growth of emotional and social skills. Some children report difficulty breathing and discomfort as a result of masks. Masks have also increased feelings of isolation, exacerbating mental health issues, which in many cases pose a greater health risk to children than COVID-19. Two years into the COVID-19 pandemic, mask mandates in schools have proved demoralizing to children facing these and other difficulties.

While the Center for Disease Control (CDC) recommends masks, its research has found no statistically significant link between mandatory masking for students and reduced transmission of COVID-19. And the CDC has acknowledged that certain masks may be ineffective due to the material from which they are made or how they are worn. A review of CDC, WHO, and other local and international health authorities' recommendations reveals a lack of consensus on the costs and benefits of mask-wearing for children in school for many of the reasons noted above.

In light of the variety of circumstances confronted by students in the Commonwealth, parents should have the ability to decide whether their child should wear masks for the duration of the school day. This approach is consistent with the broad rights of parents. The Commonwealth recognizes in § 1-240.1 of the Code of Virginia, that "a parent has a fundamental right to make decisions concerning the upbringing, education, and care of the parent's child." Permitting parents to make decisions on where and when to wear masks permits the Commonwealth's parents to make the best decision for the circumstances confronting each child. Parents can assess the risks and benefits facing their child, consult their medical providers, and make the best decision for their children based on the most up to date health information available.

While parents of some students with conditions that increase the risks of COVID-19 infection might require their children to remained masked during the duration of the school day, other parents may require masks for a more limited duration, if at all.

Masks are not the only method to reduce transmission of COVID-19. Local schools must ensure they are improving inspection, testing, maintenance, repair, replacement and upgrades of equipment to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification, fans, control systems and window and door repair. Other mitigation efforts can be made in consultation with health authorities. The benefit of mitigation efforts must always be weighed against the cost to children's overall wellbeing.

Directive

Therefore, by virtue of the authority vested in me as Governor by Article V of the Constitution of Virginia, by § 44-146.17 of the Code of Virginia, by any other applicable law, and by virtue of the authority vested in the State Health Commissioner pursuant to §§ 32.1-13, 32.1-20, and 35.1-10 of the Code of Virginia, Executive Order Number Seventy-Nine (2021) is rescinded and the following is ordered:

1. The State Health Commissioner shall terminate Order of Public Health Emergency Order Ten (2021).

2. The parents of any child enrolled in a elementary or secondary school or a school based early childcare and educational program may elect for their children not to be subject to any mask mandate in effect at the child's school or educational program.

3. No parent electing that a mask mandate should not apply to his or her child shall be required to provide a reason or make any certification concerning their child's health or education.

4. A child whose parent has elected that he or she is not subject to a mask mandate should not be required to wear a mask under any policy implemented by a teacher, school, school district, the Department of Education, or any other state authority.

5. The Superintendent of Public Instruction shall rescind the Interim Guidance for COVID-19 Prevention in Virginia PreK-12 Schools, issued January 14, 2021, and updated October 14, 2021, and issue new guidance for COVID-19 Prevention consistent with this Order.

6. School districts should marshal any resources available to improve inspection, testing, maintenance, repair, replacement and upgrades of equipment to improve the indoor air quality in school facilities, including mechanical and non-mechanical heating, ventilation, and air conditioning systems, filtering, purification, fans, control systems and window and door repair.

Effective Date of this Executive Order

This Executive Order shall be effective 12:00 a.m., Monday, January 24, 2022, and shall remain in full force and effect until amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 15th day of January, 2022.

/s/ Glenn Youngkin, Governor

EXECUTIVE ORDER NUMBER THREE (2022)

Restoring Integrity and Confidence in the Virginia Parole Board and the Commonwealth's System of Criminal Justice

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order to restore integrity and confidence in the Commonwealth's System of Criminal Justice by terminating the current Virginia Parole Board, naming five highly qualified individuals to the Parole Board, directing the Secretary of Public Safety to perform a programmatic review of the Parole Board's procedures, and requesting the Attorney General conduct a full investigation.

Importance of the Initiative

Article I, Section 8-A of the Constitution of Virginia affords certain rights to victims of crime in the Commonwealth, including the right to reasonable and appropriate notice, information, and protection. Virginia law further requires the Virginia Parole Board provide notice of its decision to grant discretionary parole or the conditional release of an inmate. Virginia law and internal policy and procedure manuals govern the Virginia Parole Board's decisions.

The Virginia Office of the State Inspector General ("OSIG") recently conducted an independent investigation into allegations involving the Virginia Parole Board. These allegations were brought forward by citizens, crime victims and their relatives, and elected Commonwealth's Attorneys. The OSIG investigation revealed some of the inmates released by the Virginia Parole Board had been recently denied parole or otherwise deemed ineligible for parole, raising questions about the lawfulness of the abrupt reversals of these decisions. The Virginia Parole Board also violated victims' rights and broke Virginia law by releasing multiple violent offenders without complying with the legally required notification to the victim or the prosecutor.

To this day, the family members and victims have no answers as to how or why the Virginia Parole Board failed to abide by the laws governing its operations, and no one has been held accountable.

We therefore must ensure confidence and integrity in our criminal justice system. Too often, victims of violent crime are ignored, silenced, and overlooked. Victims deserve to know their voices matter. In order to ensure that these mistakes never happen again, we must fully understand the decisions that led to them.

The Parole Board's failure to uphold the laws enacted by the General Assembly has damaged the integrity of the Commonwealth's System of Criminal Justice and undermined the confidence of our citizens. We therefore must reform the Virginia Parole Board and replace the current members with qualified and committed public safety experts who will uphold the law, properly apply the policies of the Board, and restore confidence and integrity in our system of criminal justice.

Directive

Accordingly, pursuant to the authority vested in me as Chief Executive of the Commonwealth and pursuant to § 53.1-134 of the Code of Virginia, I hereby terminate the current parole board, and hereby appoint:

The Honorable Chadwick Dotson of Wise County, Chairman

• Tracy Banks of the City of Charlottesville

• Cheryl Nici-O'Connell of Chesterfield County

The Honorable Hank Partin, Sheriff, of Montgomery County

• Carmen Williams of Chesterfield County

Further, the Secretary of Public Safety and Homeland Security is directed to perform a programmatic review of the Parole Board's duties, procedures, and administration. The review shall include, but not be limited to, increasing the transparency of Parole Board votes, recording reasons for granting parole, and reviewing the management, personnel, and operations of the Parole Board.

This review shall provide recommendations for legislative, administrative, and policy changes that will improve the administration of the agency in fulfilling its solemn public safety mission.

This review shall be submitted to me no later than September 1, 2022.

Attorney General Authorization

By virtue of the authority vested in me by § 2.2-511 of the Code of Virginia, I hereby request the Attorney General to coordinate the prosecutorial and investigative efforts and to bring such cases as he may deem appropriate in order to protect the citizens of the Commonwealth and hold accountable any individuals who have violated existing law or violated the rights of victims of crime.

Effective Date

This Executive Directive shall be effective upon its signing and shall remain in force and effect unless amended or rescinded by future executive order or directive.

Given under my hand and under the Seal of the Commonwealth of Virginia, this 15th day of January, 2022.

/s/ Glenn Youngkin, Governor

EXECUTIVE ORDER NUMBER FOUR (2022)

Authorizing an Investigation of Loudoun County Public Schools by the Attorney General

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order requesting the Attorney General conduct a full investigation into Loudoun County Public Schools.

Importance of the Issue

In the Spring of 2021, the Loudoun County School Board and the administration of the Loudoun County Public Schools were made aware of a sexual assault that occurred in a Loudoun County high school. A decision was made to transfer the assailant to another Loudoun County high school, where the student was able to commit a second sexual assault. The Loudoun County School Board and school administrators withheld key details and knowingly lied to parents about the assaults.

Neither the Loudoun County School Board, nor the administrators of the Loudoun County school system, have been held accountable for deceiving the very Virginians they serve. Virginia parents deserve answers and assurances that the safety of their children will never be compromised.

Attorney General Authorization

By virtue of the authority vested in me by § 2.2-511 of the Code of Virginia, I am requesting the Attorney General to initiate and coordinate investigative and prosecutorial efforts and to take such actions as he may deem appropriate in order to protect the citizens of the Commonwealth and hold accountable any individuals who have violated existing law or violated the rights of victims of crime.

Effective Date

This Executive Directive shall be effective upon its signing and shall remain in force and effect unless amended or rescinded by future executive order or directive.

Given under my hand and under the Seal of the Commonwealth of Virginia, this 15th day of January, 2022.

/s/ Glenn Youngkin, Governor

EXECUTIVE ORDER NUMBER FIVE (2022)

Establishing the Position of Commonwealth Chief Transformation Officer and Initiating Review of the Department of Motor Vehicles and the Virginia Employment Commission

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order establishing the position of Commonwealth Chief Transformation Officer within the Office of the Governor, and direct him to begin his review of all government agencies with the Department of Motor Vehicles and the Virginia Employment Commission.

Importance of the Initiative

Virginia is fortunate to have many dedicated and hard-working individuals serving our Commonwealth. The workforce of our state government is one of our Commonwealth's greatest resources. However, we must constantly pursue improvements to the function of our government. The performance of the state government should be measured by the satisfaction of its citizens. And when government fails to meet the needs of its citizens, it is the duty of the Chief Executive Officer to hear these complaints, duly consider their merits, and produce speedy reforms. Sometimes, in the performance of this duty, it will be necessary and beneficial to utilize outside experts to assist state government in performing at the standards our citizens demand.

The performance of two state agencies, in particular, underscores the necessity of our continued pursuit of improvement in our government. In recent years, the Virginia Employment Commission (VEC) and the Department of Motor Vehicles (DMV) have fallen short of performing at the high standard set by our citizens. Both agencies provide essential services to Virginians, and the success of their missions are directly dependent on their ability to serve their customers.

These and other agencies require analysis to identify areas of improvement and ensure that our government is transparent, accountable, and working for the citizens of the Commonwealth. A team with expertise, imagination, and enthusiasm for delivery of services, the Commonwealth's operations and finances, and customer satisfaction is necessary to accomplish these goals.

Directive

By virtue of the authority vested in me as Governor under Article V of the Constitution of Virginia, and the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the position of Commonwealth Chief Transformation Officer within the Office of the Governor. The Commonwealth Chief Transformation Officer will serve in the Governor's Cabinet.

The Commonwealth Chief Transformation Officer, and such other employees within the Office of the Governor as so designated, shall comprise the Office of Transformation.

The primary responsibilities of the Commonwealth Chief Transformation Officer will be to help build a culture of transparency, accountability, and constructive challenge across our government; ensure employees at all levels of government are reminded that our government works for the citizens of Virginia; drive changes improving the effectiveness and efficiency of our government through tracking key performance metrics; identify, coordinate, and lead targeted transformation efforts; and all other duties and responsibilities as determined and assigned by the Governor.

While the Commonwealth Chief Transformation Officer's work will stretch across all government, he shall begin his work with a review of the operations of the Virginia Employment Commission and the Virginia Department of Motor Vehicles.

Effective Date

This Executive Order shall be effective upon its signing and shall remain in force and effect unless amended or rescinded by further executive order or directive.

Given under my hand and under the Seal of the Commonwealth of Virginia, this 15th day of January, 2022.

/s/ Glenn Youngkin, Governor

EXECUTIVE ORDER NUMBER SIX (2022)

Reinvigorating Job Growth by Removing Burdensome Regulations from Virginia's Business Community

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order to ensure Virginia is open for business.

Importance of the Initiative

Businesses across the Commonwealth of Virginia faced unprecedented challenges throughout the COVID-19 pandemic. From government mandated closures, lockdowns, and restrictions to supply chain disruptions to staffing shortages, the effects of the pandemic undoubtedly made running a business in Virginia more difficult. Unfortunately, our government contributed to these difficulties.

The "Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19," as implemented by the Safety and Health Codes Board, is not having a measurable impact on preventing the spread of COVID-19 while presenting a significant burden on businesses. Overly burdensome and time-consuming training requirements for employees inhibit the hiring of new workers. Conflicting state and federal regulations cause confusion. Unnecessary restrictions impede daily activities.

Further, it appears the "Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19" was not enacted consistent with the Administrative Process Act as required by law and, in any event, was adopted in a rushed process that provided limited opportunity for the public to review and comment on the proposed permanent regulations. It is critical that a standard such as this, which substantially impacts the lives and legal rights of our businesses and our citizens, be enacted through a process consistent with the law and the democratic principles fundamental to our Commonwealth.

The Department of Labor and Industry has many important responsibilities in protecting the interests of Virginia's workers, and our government and our businesses must work together to combat COVID-19.

However, regulations that do little to protect our citizens while imposing heavy burdens on our businesses are not in the best interest of our Commonwealth. This is particularly true when a regulation substantially impacts the legal rights our business and our citizens and is of questionable legality. Under these circumstances, to protect the rights of the citizens of our Commonwealth, our government should focus its limited resources on enforcement activities that further the interests of our citizens.

Directive

By virtue of the authority vested in me as Governor, by Article V, Sections 1 and 7 of the Constitution of Virginia, and by § 2.2-103 of the Code of Virginia, I direct the following:

1. The Safety and Health Codes Board is to convene an emergency meeting of their membership to discuss whether there is a continued need for the "Permanent Standard for Infectious Disease Prevention of the SARS-CoV-2 Virus That Causes COVID-19." The board is directed to consider federal action in regard to the Occupational Safety and Health Administration Emergency Temporary Standard. The Board should report its findings to the Governor within 30 days.

2. The Board and the Department of Labor of Industry is directed to seek guidance from the Office of the Attorney General regarding whether the proper legal and administrative procedures were followed during adoption and promulgation of the Permanent Standards.

3. As a matter of enforcement discretion, all Virginia Agencies of the Commonwealth under my authority are directed to focus their limited resources on enforcement activities that have the most impact with the least burden on our business and citizens.

Effective Date

This Executive Order shall be effective upon its signing and shall remain in force and effect unless amended or rescinded by future executive order or directive.

Given under my hand and under the Seal of the Commonwealth of Virginia, this 15th day of January, 2022.

/s/ Glenn Youngkin, Governor

EXECUTIVE ORDER NUMBER SEVEN (2022)

Establishing the Commission on Human Trafficking Prevention and Survivor Support

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order establishing a commission to prevent human trafficking and provide support to its victims.

Importance of the Initiative

Human trafficking is a global epidemic. Through force, fraud, or coercion, criminals exploit men, women, and children into sex trafficking and forced labor. Around the world, at any given moment, an estimated 24.9 million people are victims of this criminal exploitation. Our Commonwealth has not been spared from the reach of these abhorrent crimes. According to Polaris, a nonprofit resource and advocacy center combating human trafficking, there were 179 cases of trafficking and seventy-seven traffickers identified in Virginia in 2019 alone.

Virginia is committed to ending the scourge of human trafficking. Each day, our law enforcement officers and court systems work to apprehend, prosecute, and bring to justice those responsible for the exploitation of their fellow human beings. The conviction of human traffickers, restitution for their victims, and assistance for the survivors remains a top public safety priority for the Commonwealth. We must remain proactive in our efforts and ensure the dedicated professionals who work tirelessly to combat human trafficking are equipped with the tools necessary to win this fight.

Establishment of the Commission

Accordingly, by virtue of the authority vested in me as Governor, under Article V of the Constitution of Virginia and §§ 2.2-134 and 2.2-135 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the Human Trafficking Prevention and Survivor Support Commission (Commission).

Composition and Support of the Commission

The Governor will appoint the members and chair(s) of the Commission; the Sex Trafficking Response Coordinator will also participate in the Commission.

The Governor will select survivors of human trafficking, law enforcement officers, prosecutors, experts, and scholars with knowledge of and/or experience with human trafficking, and victims of human trafficking. In carrying out its duties, the Commission may appoint working groups as it deems appropriate, and may solicit participation from relevant subject matter experts, law enforcement, practitioners, and analysts.

Staff support for the Commission will be provided by the Office of the Governor and any other agencies or offices as may be designated by the Governor. An estimated 250 hours of staff time will be required to support the work of the Commission. No direct costs are expected for the work of the Commission.

Duties of the Commission

The Commission will be responsible for coordinating with the Secretary of Public Safety, the Secretary of Education, the Secretary of Labor, the Office of Attorney General, as well as the State Coordinator and any other federal, state, local, or private sector entity to accomplish the following goals:

1. Increase enforcement by:

a. Coordinating with state and local law enforcement, Commonwealth's Attorneys, and U.S. Attorneys to increase prosecution and seek jail time as opposed to just fines for those who solicit prostitution;

b. Increasing targeting of illicit massage businesses by coordinating with local law enforcement, private property owners, regulatory boards, and increasing investigation into tax compliance;

c. Collaborating with authorities to ensure social media and technology companies actively fight trafficking on their platforms;

d. Ensuring all law enforcement officers are thoroughly trained in identifying trafficking cases and protocols for working with victims;

2. Empower survivors by:

a. Partnering with nonprofits and the private sector to increase the provision of resources survivors need for mental and behavioral recovery and wellness;

b. Fostering public private partnerships to educate, train, and empower survivors towards a career path;

c. Fostering public private partnerships to assist victims in securing temporary and long-term housing options.

3. Enhance education by:

a. Increasing awareness of the signs of potential trafficking and appropriate ways to intervene, including for teachers and school officials;

b. Requiring schools to provide online safety training and education;

c. Expanding awareness of the National Trafficking Hotline and other resources for victims to report and receive assistance to escape trafficking.

The Commission and its subgroups will meet upon the call of the Chair(s) and will issue an interim report with its findings and recommendations no later than September 1, 2022, and any additional reports and recommendations as necessary or as requested by the Governor. This report may also include a proposed framework for the continuation of the Commission's work. The Commission's findings and recommendations will be distributed to promote best practices across the Commonwealth.

Effective Date of the Executive Order

This Executive Order shall be effective upon signing and shall remain in full force and effect for one year from its signing, unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 15th day of January, 2022.

/s/ Glenn Youngkin, Governor

EXECUTIVE ORDER NUMBER EIGHT (2022)

Establishing the Commission to Combat Antisemitism

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order establishing a commission to combat antisemitism in the Commonwealth of Virginia.

Importance of the Initiative

The Commonwealth of Virginia has been a pioneer for religious freedom since the earliest days of our nation. Tomorrow, January 16, 2022, will be the 236th anniversary of the Virginia General Assembly enacting the Virginia Statute for Religious Freedom; promising that no man "shall otherwise suffer on account of his religious opinions or belief." These words – as important today as when first written – remain enshrined in our Constitution and provide the basis of our enduring commitment to religious tolerance and equality.

Our nation and our Commonwealth have seen an intolerable rise in antisemitism in recent years. Antisemitism, as defined by the International Holocaust Remembrance Alliance, "is a certain perception of Jews, which may be expressed as hatred toward Jews. Rhetorical and physical manifestations of antisemitism are directed toward Jewish or non-Jewish individuals and/or their property, toward Jewish community institutions and religious facilities." Sadly, in 2020, Virginians experienced a record number of antisemitic incidents. This disturbing trend has brought to the forefront the necessity of a targeted effort to combat the rising threat of antisemitism and ensure all Virginians are free to live their lives without the threat of harassment, violence, or discrimination. Every manifestation of antisemitism or Holocaust denial is an affront to our society and will not be accepted in the Commonwealth of Virginia.

Virginia must once again lead the way in ensuring religious freedom and equality for all citizens. We must reaffirm our commitment to stand against hatred and intolerance, and develop an actionable plan to combat antisemitism in our Commonwealth. A commission will help us better understand the scourge of antisemitism and represents a meaningful first step towards ensuring a Commonwealth free from antisemitic harassment, violence, or discrimination in the lives of Jewish Virginians.

Establishment of the Commission to Combat Antisemitism

Accordingly, by virtue of the authority vested in me as Governor, under Article V of the Constitution of Virginia and §§ 2.2-134 and 2.2-135 of the Code of Virginia, and subject to my continuing and ultimate authority and responsibility to act in such matters, I hereby establish the Commission to Combat Antisemitism (Commission).

The purpose of this Commission is to study antisemitism in the Commonwealth, propose actions to combat antisemitism and reduce the number of antisemitic incidents, as well as compile materials and provide assistance to Virginia's public school system and state institutions of higher education in relation to antisemitism and its connection to the Holocaust.

The Commission shall make recommendations to the Governor and General Assembly with the goal of identifying ways to reverse increasing antisemitic incidents in the Commonwealth.

Composition and Support of the Commission

The Governor will appoint the members and Chair(s) of the commission. The Governor will select community and faith leaders, experts, and scholars with experience of and/or knowledge of antisemitism.

The Governor may appoint other members at any time to carry out the assigned functions of the Commission. The Commission will have an advisory role and the members will serve without compensation, in accordance with § 2.2- 2100 of the Code of Virginia. In carrying out its duties, the Commission may appoint working groups as it deems appropriate, and may solicit participation from relevant subject matter experts, practitioners, and analysts.

Staff support for the Commission will be provided by the Office of the Governor and any other agencies or offices as may be designated by the Governor. An estimated 250 hours of staff time will be required to support the work of the Commission. No direct costs are expected for the work of the Commission.

Duties of the Commission

The Commission will meet upon the call of the Chair(s) and will issue an interim report with its findings and recommendations no later than December 1, 2022, International Holocaust Remembrance Day, and any additional reports and recommendations as necessary or as requested by the Governor. This report may also include a proposed framework for the continuation of the Commission's work. The Commission's findings and recommendations will be distributed to promote best practices across the Commonwealth.

Effective Date of the Executive Order

This Executive Order shall be effective upon signing and shall remain in full force and effect for one year from its signing, unless amended or rescinded by further executive order.

Given under my hand and under the Seal of the Commonwealth of Virginia this 15th day of January 2022.

/s/ Glenn Youngkin, Governor

EXECUTIVE ORDER NUMBER NINE (2022)

Protecting Ratepayers from the Rising Cost of Living Due to the Regional Greenhouse Gas Initiative

By virtue of the authority vested in me as Governor, I hereby issue this Executive Order to re-evaluate Virginia's participation in the Regional Greenhouse Gas Initiative and immediately begin regulatory processes to end it.

Importance of the Initiative

Reliable and affordable access to electricity is imperative to the health and safety of all Virginians. Our hospitals, schools, businesses, and homes all rely on this essential service. And the unpredictable and rising cost of electricity poses a significant and immediate threat to our Commonwealth and its citizens. In 2019, alone, over 100,000 Virginian households required Energy Assistance with a cost of $46 million to the Commonwealth.

Virginia's participation in the Regional Greenhouse Gas Initiative (RGGI) risks contributing to the increased cost of electricity for our citizens. Virginia's utilities have sold over $227 million in allowances in 2021 during the RGGI auctions, doubling the initial estimates. Those utilities are allowed to pass on the costs of purchasing allowances to their ratepayers. Under the initial bill "RGGI rider" created for Dominion Energy customers, typical residential customer bills were increased by $2.39 a month and the typical industrial customer bill by was raised by $1,554 per month. In a filling before the State Corporation Commission, Dominion Energy stated that RGGI will cost ratepayers between $1 billion and $1.2 billion over the next four years.

Simply stated, the benefits of RGGI have not materialized, while the costs have skyrocketed. Re-evaluation of the Initiative represents a meaningful step toward alleviating this financial burden on the Commonwealth's businesses and households. Regulations must be evaluated in view of the costs and benefits to all Virginians.

Directive

Accordingly, by virtue of the authority vested in me as the Chief Executive Officer of the Commonwealth, and pursuant to Article V of the Constitution and the laws of Virginia, I hereby direct the Director of the Department of Environmental Quality, in coordination with the Secretary of Natural and Historic Resources, to take the following actions in accordance with the provisions and requirements of § 10.1-1300, et seq. and § 2.2-4000, et seq. of the Code of Virginia:

1. Provide me a full report re-evaluating the costs and benefits of participation in the Regional Greenhouse Gas Initiative Inc. in view of all available data, within 30 days.

2. During this same period, develop a proposed emergency regulation for the State Air Pollution Control Board's consideration to repeal 9VAC5-140.

3. During this same period, take all necessary steps to so that any proposed regulation to the State Air Pollution Control Board can be immediately presented for consideration for approval for public comment in accordance with the Board's authority pursuant to § 10.1-1308 of the Code of Virginia.

4. During this same period, notify the Regional Greenhouse Gas Initiative Inc. (RGGI Inc.) of the review and the Governor's intent to withdraw from RGGI, whether by legislative or regulatory action.

Effective Date

This Executive Order shall be effective upon its signing and shall remain in force and effect unless amended or rescinded by further executive order or directive.

Given under my hand and under the Seal of the Commonwealth of Virginia, this 15th day of January 2022.

/s/ Glenn Youngkin, Governor