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Presidential Executive Order | 08-483 (13457) | Presidential Documents
6417
Federal Register
Vol. 73, No. 22
Friday, February 1, 2008
Title 3—
The President
Executive Order 13457 of January 29, 2008
Protecting American Taxpayers From Government Spending
on Wasteful Earmarks
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to be judicious
in the expenditure of taxpayer dollars. To ensure the proper use of taxpayer
funds that are appropriated for Government programs and purposes, it is
necessary that the number and cost of earmarks be reduced, that their
origin and purposes be transparent, and that they be included in the text
of the bills voted upon by the Congress and presented to the President.
For appropriations laws and other legislation enacted after the date of this
order, executive agencies should not commit, obligate, or expend funds
on the basis of earmarks included in any non-statutory source, including
requests in reports of committees of the Congress or other congressional
documents, or communications from or on behalf of Members of Congress,
or any other non-statutory source, except when required by law or when
an agency has itself determined a project, program, activity, grant, or other
transaction to have merit under statutory criteria or other merit-based deci-
sionmaking.
Sec. 2. Duties of Agency Heads. (a) With respect to all appropriations laws
and other legislation enacted after the date of this order, the head of each
agency shall take all necessary steps to ensure that:
(i) agency decisions to commit, obligate, or expend funds for any earmark
are based on the text of laws, and in particular, are not based on language
in any report of a committee of Congress, joint explanatory statement
of a committee of conference of the Congress, statement of managers
concerning a bill in the Congress, or any other non-statutory statement
or indication of views of the Congress, or a House, committee, Member,
officer, or staff thereof;
(ii) agency decisions to commit, obligate, or expend funds for any earmark
are based on authorized, transparent, statutory criteria and merit-based
decision making, in the manner set forth in section II of OMB Memorandum
M–07–10, dated February 15, 2007, to the extent consistent with applicable
law; and
(iii) no oral or written communications concerning earmarks shall super-
sede statutory criteria, competitive awards, or merit-based decisionmaking.
(b) An agency shall not consider the views of a House, committee, Member,
officer, or staff of the Congress with respect to commitments, obligations,
or expenditures to carry out any earmark unless such views are in writing,
to facilitate consideration in accordance with section 2(a)(ii) above. All
written communications from the Congress, or a House, committee, Member,
officer, or staff thereof, recommending that funds be committed, obligated,
or expended on any earmark shall be made publicly available on the Internet
by the receiving agency, not later than 30 days after receipt of such commu-
nication, unless otherwise specifically directed by the head of the agency,
without delegation, after consultation with the Director of the Office of
Management and Budget, to preserve appropriate confidentiality between
the executive and legislative branches.
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(c) Heads of agencies shall otherwise implement within their respective
agencies the policy set forth in section 1 of this order, consistent with
such instructions as the Director of the Office of Management and Budget
may prescribe.
(d) The head of each agency shall upon request provide to the Director
of the Office of Management and Budget information about earmarks and
compliance with this order.
Sec. 3. Definitions. For purposes of this order:
(a) The term ‘‘agency’’ means an executive agency as defined in section
105 of title 5, United States Code, and the United States Postal Service
and the Postal Regulatory Commission, but shall exclude the Government
Accountability Office; and
(b) the term ‘‘earmark’’ means funds provided by the Congress for projects,
programs, or grants where the purported congressional direction (whether
in statutory text, report language, or other communication) circumvents other-
wise applicable merit-based or competitive allocation processes, or specifies
the location or recipient, or otherwise curtails the ability of the executive
branch to manage its statutory and constitutional responsibilities pertaining
to the funds allocation process.
Sec. 4. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented in a manner 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 agencies, instrumentalities, or entities, its offi-
cers, employees, or agents, or any other person.
THE WHITE HOUSE,
January 29, 2008.
[FR Doc. 08–483
Filed 1–31–08; 9:02 am]
Billing code 3195–01–P
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| Protecting American Taxpayers From Government Spending on Wasteful Earmarks | 2008-01-29T00:00:00 | b798be4832f962b00a645780f4b7b17fc7ee4d22abd5fba0f58c2ff6dbbb4852 |
Presidential Executive Order | 08-360 (13456) | Presidential Documents
4677
Federal Register
Vol. 73, No. 17
Friday, January 25, 2008
Title 3—
The President
Executive Order 13456 of January 23, 2008
Further Amendment of Executive Order 11858 Concerning
Foreign Investment in the United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 721 of the Defense
Production Act of 1950, as amended (50 U.S.C. App. 2170), and section
301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. Amendment to Executive Order 11858. Executive Order 11858
of May 7, 1975, as amended, is further amended to read as follows:
‘‘FOREIGN INVESTMENT IN THE UNITED STATES
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 721 of the Defense
Production Act of 1950, as amended (50 U.S.C. App. 2170), and section
301 of title 3, United States Code, it is hereby ordered as follows:
Section 1. Policy. International investment in the United States promotes
economic growth, productivity, competitiveness, and job creation. It is
the policy of the United States to support unequivocally such investment,
consistent with the protection of the national security.
Sec. 2. Definitions. (a) The ‘‘Act’’ as used in this order means section
721 of the Defense Production Act of 1950, as amended.
(b) Terms used in this order that are defined in subsection 721(a) of
the Act shall have the same meaning in this order as they have in such
subsection.
(c) ‘‘Risk mitigation measure’’ as used in this order means any provision
of a risk mitigation agreement or a condition to which section 7 of this
order refers.
Sec. 3. Establishment. (a) There is hereby established the Committee on
Foreign Investment in the United States (the ‘‘Committee’’) as provided
in the Act.
(b) In addition to the members specified in the Act, the following heads
of departments, agencies, or offices shall be members of the Committee:
(i) The United States Trade Representative;
(ii) The Director of the Office of Science and Technology Policy; and
(iii) The heads of any other executive department, agency, or office, as
the President or the Secretary of the Treasury determines appropriate,
on a case-by-case basis.
(c) The following officials (or their designees) shall observe and, as appro-
priate, participate in and report to the President on the Committee’s activi-
ties:
(i) The Director of the Office of Management and Budget;
(ii) The Chairman of the Council of Economic Advisers;
(iii) The Assistant to the President for National Security Affairs;
(iv) The Assistant to the President for Economic Policy; and
(v) The Assistant to the President for Homeland Security and
Counterterrorism.
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Sec. 4. Duties of the Secretary of the Treasury.
(a) The functions of the President under subsections (b)(1)(A) (relating
to review and consideration after notification), (b)(1)(D) (relating to unilat-
eral initiation of review and consideration), and (m)(3)(A) (relating to
inclusion in annual report and designation) of the Act are assigned to
the Secretary of the Treasury.
(b) The Secretary of the Treasury shall perform the function of issuance
of regulations under section 721(h) of the Act. The Secretary shall consult
the Committee with respect to such regulations prior to any notice and
comment and prior to their issuance.
(c) Except as otherwise provided in the Act or this order, the chairperson
shall have the authority, exclusive of the heads of departments or agencies,
after consultation with the Committee:
(i) to act, or authorize others to act, on behalf of the Committee; and
(ii) to communicate on behalf of the Committee with the Congress and
the public.
(d) The chairperson shall coordinate the preparation of and transmit the
annual report to the Congress provided for in the Act and may assign
to any member of the Committee, as the chairperson determines appropriate
and consistent with the Act, responsibility for conducting studies and
providing analyses necessary for the preparation of the report.
(e) After consultation with the Committee, the chairperson may request
that the Director of National Intelligence begin preparing the analysis
required by the Act at any time, including prior to acceptance of the
notice of a transaction, in accordance with otherwise applicable law. The
Director of National Intelligence shall provide the Director’s analysis as
soon as possible and consistent with section 721(b)(4) of the Act.
Sec. 5. Lead Agency. (a) The lead agency or agencies (‘‘lead agency’’)
shall have primary responsibility, on behalf of the Committee, for the
specific activity for which the Secretary of the Treasury designates it
a lead agency.
(b) In acting on behalf of the Committee, the lead agency shall keep
the Committee fully informed of its activities. In addition, the lead agency
shall notify the chairperson of any material action that the lead agency
proposes to take on behalf of the Committee, sufficiently in advance
to allow adequate time for the chairperson to consult the Committee
and provide the Committee’s direction to the lead agency not to take,
or to amend, such action.
Sec. 6. Reviews and Investigations.
(a) Any member of the Committee may conduct its own inquiry with
respect to the potential national security risk posed by a transaction,
but communication with the parties to a transaction shall occur through
or in the presence of the lead agency, or the chairperson if no lead
agency has been designated.
(b) The Committee shall undertake an investigation of a transaction in
any case, in addition to the circumstances described in the Act, in which
following a review a member of the Committee advises the chairperson
that the member believes that the transaction threatens to impair the
national security of the United States and that the threat has not been
mitigated.
(c) The Committee shall send a report to the President requesting the
President’s decision with respect to a review or investigation of a trans-
action in the following circumstances:
(i) the Committee recommends that the President suspend or prohibit
the transaction;
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(ii) the Committee is unable to reach a decision on whether to recommend
that the President suspend or prohibit the transaction; or
(iii) the Committee requests that the President make a determination with
regard to the transaction.
(d) Upon completion of a review or investigation of a transaction, the
lead agency shall prepare for the approval of the chairperson the appro-
priate certified notice or report to the Congress called for under the Act.
The chairperson shall transmit such notice or report to the Congress,
as appropriate.
Sec. 7. Risk Mitigation. (a) The Committee, or any lead agency acting
on behalf of the Committee, may seek to mitigate any national security
risk posed by a transaction that is not adequately addressed by other
provisions of law by entering into a mitigation agreement with the parties
to a transaction or by imposing conditions on such parties.
(b) Prior to the Committee or a department or agency proposing risk
mitigation measures to the parties to a transaction, the department or
agency seeking to propose any such measure shall prepare and provide
to the Committee a written statement that: (1) identifies the national
security risk posed by the transaction based on factors including the
threat (taking into account the Director of National Intelligence’s threat
analysis), vulnerabilities, and potential consequences; and (2) sets forth
the risk mitigation measures the department or agency believes are reason-
ably necessary to address the risk. If the Committee agrees that mitigation
is appropriate and approves the risk mitigation measures, the lead agency
shall seek to negotiate such measures with the parties to the transaction.
(c) A risk mitigation measure shall not, except in extraordinary cir-
cumstances, require that a party to a transaction recognize, state its intent
to comply with, or consent to the exercise of any authorities under existing
provisions of law.
(d) The lead agency designated for the purpose of monitoring a risk
mitigation measure shall seek to ensure that adequate resources are avail-
able for such monitoring. When designating a lead agency for those pur-
poses, the Secretary of the Treasury shall consider the agency’s views
on the adequacy of its resources for such purposes.
(e)(i) Nothing in this order shall be construed to limit the ability of
a department or agency, in the exercise of authorities other than those
provided under the Act, to:
(A) conduct inquiries with respect to a transaction;
(B) communicate with the parties to a transaction; or
(C) negotiate, enter into, impose, or enforce contractual provisions with
the parties to a transaction.
(ii) A department or agency shall not condition actions or the exercise
of authorities to which paragraph (i) of this subsection refers upon the
exercise, or forbearance in the exercise, of its authority under the Act
or this order, and no authority under the Act shall be available for the
enforcement of such actions or authorities.
(f) The Committee may initiate a review of a transaction that has previously
been reviewed by the Committee only in the extraordinary circumstances
provided in the Act.
Sec. 8. Additional Assignments to the Committee. In addition to the func-
tions assigned to the Committee by the Act, the Committee shall review
the implementation of the Act and this order and report thereon from
time to time to the President, together with such recommendations for
policy, administrative, or legislative proposals as the Committee determines
appropriate.
Sec. 9. Duties of the Secretary of Commerce. The Secretary of Commerce
shall:
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(a) obtain, consolidate, and analyze information on foreign investment
in the United States;
(b) monitor and, where necessary, improve procedures for the collection
and dissemination of information on foreign investment in the United
States;
(c) prepare for the public, the President or heads of departments or agen-
cies, as appropriate, reports, analyses of trends, and analyses of significant
developments in appropriate categories of foreign investment in the United
States; and
(d) compile and evaluate data on significant transactions involving foreign
investment in the United States.
Sec. 10. General Provisions. (a) The heads of departments and agencies
shall provide, as appropriate and to the extent permitted by law, such
information and assistance as the Committee may request to implement
the Act and this order.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof;
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals; or
(iii) existing mitigation agreements.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) Officers of the United States with authority or duties under the Act
or this order shall ensure that, in carrying out the Act and this order,
the actions of departments, agencies, and the Committee are consistent
with the President’s constitutional authority to: (i) conduct the foreign
affairs of the United States; (ii) withhold information the disclosure of
which could impair the foreign relations, the national security, the delibera-
tive processes of the Executive, or the performance of the Executive’s
constitutional duties; (iii) recommend for congressional consideration such
measures as the President may judge necessary and expedient; and (iv)
supervise the unitary executive branch.
Sec. 11. Revocation. Section 801 of Executive Order 12919 of June 3,
1994, is revoked.’’
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Federal Register / Vol. 73, No. 17 / Friday, January 25, 2008 / Presidential Documents
Sec. 2. General Provision. 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.
THE WHITE HOUSE,
January 23, 2008.
[FR Doc. 08–360
Filed 1–24–08; 10:38 am]
Billing code 3195–01–P
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| Further Amendment of Executive Order 11858 Concerning Foreign Investment in the United States | 2008-01-23T00:00:00 | a32e27aaf0085cbf874e49278451324e20ad1d595afd1fb875c4095ec06f120d |
Presidential Executive Order | 08-325 (13455) | Presidential Documents
4445
Federal Register
Vol. 73, No. 16
Thursday, January 24, 2008
Title 3—
The President
Executive Order 13455 of January 22, 2008
Establishing the President’s Advisory Council on Financial
Literacy
By the authority vested in me as President by the Constitution and the
laws of the United States of America and to promote and enhance financial
literacy among the American people, it is hereby ordered as follows:
Section 1. Policy. To help keep America competitive and assist the American
people in understanding and addressing financial matters, it is the policy
of the Federal Government to encourage financial literacy among the Amer-
ican people.
Sec. 2. Establishment of the Council. There is established within the Depart-
ment of the Treasury the President’s Advisory Council on Financial Literacy
(Council).
Sec. 3. Membership and Operation of the Council. (a) The Council shall
consist of 19 members appointed by the President from among individuals
not employed by the Federal Government, consistent with subsection (b)
of this section.
(b) In selecting individuals for appointment to the Council, appropriate
consideration should be given to selection of individuals with backgrounds
as providers of, consumers of, promoters of access to, and educators with
respect to financial education and financial services. Each individual member
of the Council will serve as a representative of his or her industry, trade
group, public interest group, or other organization or group. The composition
of the Council will reflect the views of diverse stakeholders.
(c) The President shall designate a Chair and a Vice Chair from among
the members of the Council.
(d) Subject to the direction of the Secretary of the Treasury (Secretary),
the Chair shall convene and preside at meetings of the Council, determine
its agenda, direct its work, and, as appropriate to deal with particular subject
matters, establish and direct the work of subgroups of the Council that
shall consist exclusively of members of the Council.
(e) The Vice Chair shall perform:
(i) the duties of the Chair when the position of Chair is vacant; and
(ii) such other functions as the Chair may from time to time assign.
Sec. 4. Functions of the Council. To assist in implementing the policy
set forth in section 1 of this order, the Council shall:
(a) obtain information and advice concerning financial literacy as appropriate
in the course of its work from:
(i) officers and employees of executive departments and agencies (including
members of the Financial Literacy and Education Commission), unless
otherwise directed by the head of the department or agency;
(ii) State, local, territorial, and tribal officials;
(iii) providers of, consumers of, promoters of access to, and educators
with respect to financial services;
(iv) experts on matters relating to the policy set forth in section 1; and
(v) such other individuals as the Secretary may direct;
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Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Presidential Documents
(b) advise the President and the Secretary consistent with this order on
means to implement effectively the policy set forth in section 1, including
by providing advice on means to:
(i) improve financial education efforts for youth in school and for adults
in the workplace;
(ii) promote effective access to financial services, especially for those
without access to such services;
(iii) establish effective measures of national financial literacy;
(iv) conduct research on financial knowledge, including the collection
of data on the extent of financial knowledge of individuals; and
(v) strengthen and coordinate public and private sector financial education
programs; and
(c) periodically report to the President, through the Secretary, on:
(i) the status of financial literacy in the United States;
(ii) progress made in implementing the policy set forth in section 1 of
this order; and
(iii) recommendations on means to further implement the policy set forth
in section 1 of this order, including with respect to the matters set forth
in subsection (b)(i) through (v) of this section.
Sec. 5. Administration of the Council. (a) To the extent permitted by law,
the Department of the Treasury shall provide funding and administrative
support for the Council, as determined by the Secretary, to implement this
order.
(b) The heads of executive departments and agencies shall provide, as appro-
priate and to the extent permitted by law, such assistance and information
to the Council as the Secretary may request to implement this order.
(c) Members of the Council:
(i) shall serve without any compensation for their work on the Council;
and
(ii) while engaged in the work of the Council, may be allowed travel
expenses, including per diem in lieu of subsistence, as authorized by
law for persons serving intermittently in the Government (5 U.S.C. 5701–
5707), consistent with the availability of funds.
(d) The Secretary shall designate an officer or employee of the United
States within the Department of the Treasury to serve as an Executive
Director to supervise the administrative support for the Council.
Sec. 6. Termination of the Council. Unless extended by the President, the
Council shall terminate 2 years from the date of this order.
Sec. 7. General Provisions. (a) Insofar as the Federal Advisory Committee
Act, as amended (5 U.S.C. App.) (Act), may apply to the Council, any
functions of the President under the Act, except for those in section 6
of the Act, shall be performed by the Secretary in accordance with the
guidelines issued by the Administrator of General Services.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency or the head thereof;
or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(d) 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.
THE WHITE HOUSE,
January 22, 2008.
[FR Doc. 08–325
Filed 1–23–08; 8:57 am]
Billing code 3195–01–P
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| Establishing the President's Advisory Council on Financial Literacy | 2008-01-22T00:00:00 | 2c9b1167e38a5b0e025a43dec4788dfe0ff4d411a11517008b4c00654f031047 |
Presidential Executive Order | 07-6022 (13453) | Presidential Documents
70477
Federal Register
Vol. 72, No. 237
Tuesday, December 11, 2007
Title 3—
The President
Executive Order 13453 of December 6, 2007
Closing of Executive Departments and Agencies of the
Federal Government on Monday, December 24, 2007
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. All executive branch departments and agencies of the Federal
Government shall be closed and their employees excused from duty on
Monday, December 24, 2007, the day before Christmas Day, except as pro-
vided in section 2 below.
Sec. 2. The heads of executive branch departments and agencies may deter-
mine that certain offices and installations of their organizations, or parts
thereof, must remain open and that certain employees must report for duty
on December 24, 2007, for reasons of national security or defense or other
public need.
Sec. 3. Monday, December 24, 2007, shall be considered as falling within
the scope of Executive Order 11582 of February 11, 1971, and of 5 U.S.C.
5546 and 6103(b) and other similar statutes insofar as they relate to the
pay and leave of employees of the United States.
THE WHITE HOUSE,
December 6, 2007.
[FR Doc. 07–6022
Filed 12–7–07; 11:52 am]
Billing code 3195–01–P
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| Closing of Executive Departments and Agencies of the Federal Government on Monday, December 24, 2007 | 2007-12-06T00:00:00 | 505f424cabcf3e67a71623c3e21187d9a5b6cbf6a982da527d1a85bca7e8f4db |
Presidential Executive Order | 07-5816 (13451) | Presidential Documents
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Federal Register / Vol. 72, No. 224 / Wednesday, November 21, 2007 / Presidential Documents
Executive Order 13451 of November 19, 2007
Designating the ITER International Fusion Energy Organiza-
tion as a Public International Organization Entitled To Enjoy
Certain Privileges, Exemptions, and Immunities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 1 of the International
Organizations Immunities Act (22 U.S.C. 288), and finding that the United
States participates in the ITER International Fusion Energy Organization
under the authority of acts of Congress authorizing such participation and
making an appropriation for such participation, including sections 971 and
972 of the Energy Policy Act of 2005 (42 U.S.C. 16311 and 16312) and
laws making appropriations for the Department of Energy, it is hereby ordered
as follows:
Section 1. Designation. I hereby designate the ITER International Fusion
Energy Organization as a public international organization entitled to enjoy
the privileges, exemptions, and immunities provided by the International
Organizations Immunities Act.
Sec. 2. Non-Abridgement. This designation is not intended to abridge in
any respect privileges, exemptions, or immunities that the ITER International
Fusion Energy Organization otherwise may have acquired or may acquire
by law.
THE WHITE HOUSE,
November 19, 2007.
[FR Doc. 07–5816
Filed 11–20–07; 10:06 am]
Billing code 3195–01–P
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| Designating the ITER International Fusion Energy Organization as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities | 2007-11-19T00:00:00 | 6b4e5f08c413291983c9f6cfd54957a43e96fd0489d5654ebbfe31e6e699b299 |
Presidential Executive Order | 08-568 (13458) | Presidential Documents
7181
Federal Register
Vol. 73, No. 25
Wednesday, February 6, 2008
Title 3—
The President
Executive Order 13458 of February 4, 2008
Implementation of the Protocol Additional to the Agreement
Between the United States and the International Atomic En-
ergy Agency for the Application of Safeguards in the United
States of America
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the United States Additional
Protocol Implementation Act (the ‘‘Act’’)(Public Law 109–401) and section
301 of title 3, United States Code, and in order to facilitate implementation
of the Act and the Protocol Additional to the Agreement between the United
States and the International Atomic Energy Agency for the Application of
Safeguards in the United States of America (the ‘‘Additional Protocol’’),
it is hereby ordered as follows:
Section 1. The Secretaries of State, Defense, Commerce, and Energy, the
Attorney General, the Nuclear Regulatory Commission, and heads of such
other agencies as appropriate, each shall issue, amend, or revise, and enforce
such regulations, orders, directives, instructions, or procedures as are nec-
essary to implement the Act and United States obligations under the Addi-
tional Protocol.
Sec. 2. The Secretary of Commerce, with the assistance, as necessary, of
the Attorney General, is authorized to obtain and to execute warrants pursu-
ant to section 223 of the Act for the purpose of gaining complementary
access to locations subject to regulations issued by the Department of Com-
merce pursuant to section 1 of this order.
Sec. 3. The Secretaries of State, Defense, Commerce, and Energy, the Attorney
General, the Nuclear Regulatory Commission, and heads of such other depart-
ments and agencies as appropriate, are authorized to carry out, consistent
with the Act and in accordance with subsequent directives, appropriate
functions that are not otherwise assigned in the Act and are necessary
to implement the Act and United States obligations under the Additional
Protocol. The Secretary of State shall perform the function of providing
notifications or information to the Congress when required by the Act.
Sec. 4. This order shall be implemented consistent with applicable law
and subject to the availability of appropriations.
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Federal Register / Vol. 73, No. 25 / Wednesday, February 6, 2008 / Presidential Documents
Sec. 5. 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, instrumentalities,
or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
February 4, 2008.
[FR Doc. 08–568
Filed 2–5–08; 11:55 am]
Billing code 3195–01–P
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| Implementation of the Protocol Additional to the Agreement Between the United States and the International Atomic Energy Agency for the Application of Safeguards in the United States of America | 2008-02-04T00:00:00 | 5d26ac5bb6e0387307bc93ed33da2225d6fe8f60a990f995d32def550068f1a2 |
Presidential Executive Order | 07-5919 (13452) | Presidential Documents
67827
Federal Register
Vol. 72, No. 230
Friday, November 30, 2007
Title 3—
The President
Executive Order 13452 of November 28, 2007
Establishing an Emergency Board To Investigate Disputes Be-
tween the National Railroad Passenger Corporation and Cer-
tain of Its Employees Represented by Certain Labor Organi-
zations
Disputes exist between National Railroad Passenger Corporation (Amtrak)
and certain of its employees represented by certain labor organizations.
The labor organizations involved in these disputes are designated on the
attached list, which is made a part of this order.
The disputes have not heretofore been adjusted under the provisions of
the Railway Labor Act, as amended (45 U.S.C. 151 et seq.) (RLA).
In the judgment of the National Mediation Board, these disputes threaten
substantially to interrupt interstate commerce to a degree that would deprive
sections of the country of essential transportation service.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 10 of
the RLA (45 U.S.C. 160), it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board). There is established,
effective 12:01 a.m. eastern standard time on December 1, 2007, a Board
of five members to be appointed by the President to investigate and report
on these disputes. No member shall be pecuniarily or otherwise interested
in any organization of railroad employees or any carrier. The Board shall
perform its functions subject to the availability of funds.
Sec. 2. Report. The Board shall report to the President with respect to
the disputes within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 10 of the RLA,
from the date of the creation of the Board and for 30 days after the Board
has submitted its report to the President, no change in the conditions out
of which the disputes arose shall be made by the parties to the controversy,
except by agreement of the parties.
Sec. 4. Records Maintenance. The records and files of the Board are records
of the Office of the President and upon the Board’s termination shall be
maintained in the physical custody of the National Mediation Board.
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Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Presidential Documents
Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
THE WHITE HOUSE,
November 28, 2007.
Billing code 3195–01–P
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Federal Register / Vol. 72, No. 230 / Friday, November 30, 2007 / Presidential Documents
LABOR ORGANIZATIONS
Brotherhood of Maintenance of Way Employes
International Brotherhood of Electrical Workers
International Association of Machinists and Aerospace Workers
Brotherhood of Railroad Signalmen
Joint Council of Carmen, comprised of the Transportation Communications
International Union/Brotherhood Railway Carmen Division and the Transport
Workers Union of America
American Train Dispatchers Association
National Conference of Firemen & Oilers/Service Employees International
Union
Transportation Communications International Union—American Railway and
Airline Supervisors Association
[FR Doc. 07–5919
Filed 11–29–07; 8:57 am]
Billing code 3195–01–P
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| Establishing an Emergency Board To Investigate Disputes Between the National Railroad Passenger Corporation and Certain of Its Employees Represented by Certain Labor Organizations | 2007-11-28T00:00:00 | f8599a971b3f72823d97e016d310f4f6b8e3561b9bd84da7e33e9106381374cb |
Presidential Executive Order | 07-5726 (13450) | Presidential Documents
64519
Federal Register
Vol. 72, No. 220
Thursday, November 15, 2007
Title 3—
The President
Executive Order 13450 of November 13, 2007
Improving Government Program Performance
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 305 and 306 of
title 5, sections 1115, 1116, and 9703 of title 31, and chapter 28 of title
39, United States Code, and to improve the effectiveness and efficiency
of the Federal Government and promote greater accountability of that Govern-
ment to the American people, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to spend
taxpayer dollars effectively, and more effectively each year. Agencies shall
apply taxpayer resources efficiently in a manner that maximizes the effective-
ness of Government programs in serving the American people.
Sec. 2. Definitions. As used in this order:
(a) ‘‘agency’’ means:
(i) an executive agency as defined in section 105 of title 5, United States
Code, other than the Government Accountability Office; and
(ii) the United States Postal Service and the Postal Regulatory Commission;
(b) ‘‘agency Performance Improvement Officer’’ means an employee of an
agency who is a member of the Senior Executive Service or equivalent
service, and who is designated by the head of the agency to carry out
the duties set forth in section 5 of this order.
Sec. 3. Duties of Heads of Agencies. To assist in implementing the policy
set forth in section 1 of this order, the head of each agency shall, with
respect to each program administered in whole or in part by the agency:
(a) approve for implementation:
(i) clear annual and long-term goals defined by objectively measurable out-
comes; and
(ii) specific plans for achieving the goals, including:
(A) assignments to specified agency personnel of:
(1) the duties necessary to achieve the goals; and
(2) the authority and resources necessary to fulfill such duties;
(B) means to measure:
(1) progress toward achievement of the goals; and
(2) efficiency in use of resources in making that progress; and
(C) mechanisms for ensuring continuous accountability of the specified
agency personnel to the head of the agency for achievement of the goals
and efficiency in use of resources in achievement of the goals;
(b) assist the President, through the Director of the Office of Management
and Budget (Director), in making recommendations to the Congress, including
budget and appropriations recommendations, that are justified based on
objective performance information and accurate estimates of the full costs
of achieving the annual and long-term goals approved under subsection
(a)(i) of this section; and
(c) ensure that agency Internet websites available to the public include
regularly updated and accurate information on the performance of the agency
and its programs, in a readily useable and searchable form, that sets forth
the successes, shortfalls, and challenges of each program and describes the
agency’s efforts to improve the performance of the program.
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Presidential Documents
Sec. 4. Additional Duties of the Director of the Office of Management and
Budget. (a) To assist in implementing the policy set forth in section 1
of this order, the Director shall issue instructions to the heads of agencies
concerning:
(i) the contents, and schedule for approval, of the goals and plans required
by section 3 of this order; and
(ii) the availability to the public in readily accessible and comprehensible
form on the agency’s Internet website (or in the Federal Register for any
agency that does not have such a website), of the information approved
by the head of each agency under section 3 of this order and other information
relating to agency performance.
(b) Instructions issued under subsection (a) of this section shall facilitate
compliance with applicable law, presidential guidance, and Office of Manage-
ment and Budget circulars and shall be designed to minimize duplication
of effort and to assist in maximizing the efficiency and effectiveness of
agencies and their programs.
Sec. 5. Duties of Agency Performance Improvement Officers. Subject to the
direction of the head of the agency, each agency Performance Improvement
Officer shall:
(a) supervise the performance management activities of the agency, including:
(i) development of the goals, specific plans, and estimates for which section
3 of this order provides; and
(ii) development of the agency’s strategic plans, annual performance plans,
and annual performance reports as required by law;
(b) advise the head of the agency, with respect to a program administered
in whole or in part by the agency, whether:
(i) goals proposed for the approval of the head of the agency under section
3(a)(i) of this order are:
(A) sufficiently aggressive toward full achievement of the purposes of the
program; and
(B) realistic in light of authority and resources assigned to the specified
agency personnel referred to in section 3(a)(ii)(A) of this order with respect
to that program; and
(ii) means for measurement of progress toward achievement of the goals
are sufficiently rigorous and accurate;
(c) convene the specified agency personnel referred to in section 3(a)(ii)(A)
of this order, or appropriate subgroups thereof, regularly throughout each
year to:
(i) assess performance of each program administered in whole or in part
by the agency; and
(ii) consider means to improve the performance and efficiency of such
program;
(d) assist the head of the agency in the development and use within the
agency of performance measures in personnel performance appraisals, and,
as appropriate, other agency personnel and planning processes; and
(e) report to the head of the agency on the implementation within the
agency of the policy set forth in section 1 of this order.
Sec. 6. Establishment and Operation of Performance Improvement Council.
(a) The Director shall establish, within the Office of Management and Budget
for administrative purposes only, a Performance Improvement Council (Coun-
cil), consistent with this order.
(b) The Council shall consist exclusively of:
(i) the Deputy Director for Management of the Office of Management and
Budget, who shall serve as Chair;
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Presidential Documents
(ii) such agency Performance Improvement Officers, as determined by the
Chair; and
(iii) such other full-time or permanent part-time employees of an agency,
as determined by the Chair with the concurrence of the head of the agency
concerned.
(c) The Chair or the Chair’s designee, in implementing subsection (d) of
this section, shall convene and preside at the meetings of the Council,
determine its agenda, direct its work, and establish and direct subgroups
of the Council, as appropriate to deal with particular subject matters, that
shall consist exclusively of members of the Council.
(d) To assist in implementing the policy set forth in section 1 of this
order, the Council shall:
(i) develop and submit to the Director, or when appropriate to the President
through the Director, at times and in such formats as the Chair may specify,
recommendations concerning:
(A) performance management policies and requirements; and
(B) criteria for evaluation of program performance;
(ii) facilitate the exchange among agencies of information on performance
management, including strategic and annual planning and reporting, to accel-
erate improvements in program performance;
(iii) coordinate and monitor a continuous review by heads of agencies of
the performance and management of all Federal programs that assesses the
clarity of purpose, quality of strategic and performance planning and goals,
management excellence, and results achieved for each agency’s programs,
with the results of these assessments and the evidence on which they
are based made available to the public on or through the Internet website
referred to in subsection (d)(iv);
(iv) to facilitate keeping the public informed, and with such assistance
of heads of agencies as the Director may require, develop an Internet website
that provides the public with information on how well each agency performs
and that serves as a comprehensive source of information on:
(A) current program performance; and
(B) the status of program performance plans and agency Performance and
Accountability Reports; and
(C) consistent with the direction of the head of the agency concerned after
consultation with the Director, any publicly available reports by the agency’s
Inspector General concerning agency program performance;
(v) monitor implementation by agencies of the policy set forth in section
1 of this order and report thereon from time to time as appropriate to
the Director, or when appropriate to the President through the Director,
at such times and in such formats as the Chair may specify, together with
any recommendations of the Council for more effective implementation of
such policy;
(vi) at the request of the head of an agency, unless the Chair declines
the request, promptly review and provide advice on a proposed action
by that agency to implement the policy set forth in section 1 of this order;
and
(vii) obtain information and advice, as appropriate, in a manner that seeks
individual advice and does not involve collective judgment or consensus
advice or deliberation, from:
(A) State, local, territorial, and tribal officials; and
(B) representatives of entities or other individuals.
(e)(i) To the extent permitted by law, the Office of Management and Budget
shall provide the funding and administrative support the Council needs,
as determined by the Director, to implement this section; and
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Federal Register / Vol. 72, No. 220 / Thursday, November 15, 2007 / Presidential Documents
(ii) the heads of agencies shall provide, as appropriate and to the extent
permitted by law, such information and assistance as the Chair may request
to implement this section.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director relating to budget, administrative, or legislative
proposals.
(b) This order shall be implemented consistent with applicable law (including
laws and executive orders relating to the protection of information from
disclosure) and subject to the availability of appropriations.
(c) In implementing this order, the Director of National Intelligence shall
perform the functions assigned to the Director of National Intelligence by
the National Security Act of 1947, as amended (50 U.S.C. 401 et seq.),
consistent with section 1018 of the Intelligence Reform and Terrorism Preven-
tion Act (Public Law 108–458), and other applicable laws.
(d) 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 agencies, or entities, its officers, employees,
or agents, or any other person.
THE WHITE HOUSE,
November 13, 2007.
[FR Doc. 07–5726
Filed 11–14–07; 10:44 am]
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| Improving Government Program Performance | 2007-11-13T00:00:00 | b6175cc71ab389cc56b4eb59a55c23e92f87a074892300ce4aa110c260240b0d |
Presidential Executive Order | 07-5299 (13449) | Presidential Documents
60531
Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Presidential Documents
Executive Order 13449 of October 20, 2007
Protection of Striped Bass and Red Drum Fish Populations
By the authority vested in me as President by the Constitution and the
laws of the United States of America, to assist in ensuring faithful execution
of the Magnuson-Stevens Fishery Conservation and Management Act, the
Atlantic Coastal Fisheries Cooperative Management Act, and the Atlantic
Striped Bass Conservation Act (chapters 38, 71, and 71A of title 16, United
States Code), and to conserve striped bass and red drum fish, it is hereby
ordered as follows:
Section 1. Policy. It shall be the policy of the United States to conserve
striped bass and red drum for the recreational, economic, and environmental
benefit of the present and future generations of Americans, based on sound
science and in cooperation with State, territorial, local, and tribal govern-
ments, the private sector, and others, as appropriate.
Sec. 2. Implementation. (a) To carry out the policy set forth in section
1, the Secretary of Commerce shall:
(i) encourage, as appropriate, management under Federal, State, territorial,
tribal, and local laws that supports the policy of conserving striped bass
and red drum, including State designation as gamefish where the State
determines appropriate under applicable law;
(ii) revise current regulations, as appropriate, to include prohibiting the
sale of striped bass and red drum caught within the Exclusive Economic
Zone of the United States off the Atlantic Ocean and the Gulf of Mexico;
(iii) periodically review the status of the striped bass and red drum popu-
lations within waters subject to the jurisdiction of the United States and:
(A) take such actions within the authority of the Secretary of Commerce
as may be appropriate to carry out the policy set forth in section 1
of this order; and
(B) recommend to the President such actions as the Secretary may deem
appropriate to advance the policy set forth in section 1 that are not
within the authority of the Secretary.
(b) Nothing in this order shall preclude or restrict the production, possession,
or sale of striped bass or red drum fish that have been produced by aqua-
culture.
(c) The Secretary of Commerce shall implement subsections 2(a)(i) and (iii),
insofar as they relate to Atlantic striped bass, jointly with the Secretary
of the Interior, as appropriate.
Sec. 3. Definitions. As used in this order:
(a) ‘‘Exclusive Economic Zone of the United States’’ means the marine
area of the United States as defined in Presidential Proclamation 5030 of
March 10, 1983, with, for purposes of this order, the inner boundary of
that zone being a line coterminous with the seaward boundary of each
of the coastal States;
(b) ‘‘red drum’’ means the species Sciaenops ocellatus; and
(c) ‘‘striped bass’’ means the species Morone saxatilis.
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Federal Register / Vol. 72, No. 205 / Wednesday, October 24, 2007 / Presidential Documents
Sec. 4. General Provisions. (a) This order shall be implemented in a manner
consistent with applicable law (including but not limited to interstate com-
pacts to which the United States has consented by law, treaties and other
international agreements to which the United States is a party, treaties
to which the United States and an Indian tribe are parties, and laws of
the United States conferring rights on Indian tribes) and subject to the
availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect
the functions of the Director of the Office of Management and Budget relating
to budget, administrative, and legislative proposals.
(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 a party against
the United States, its departments, agencies, instrumentalities, entities, offi-
cers, employees, or agents, or any other person.
THE WHITE HOUSE,
October 20, 2007.
[FR Doc. 07–5299
Filed 10–23–07; 8:50 am]
Billing code 3195–01–P
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| Protection of Striped Bass and Red Drum Fish Populations | 2007-10-20T00:00:00 | b2ac183e4406ed1e6ccf79327cf7e88c2664197f2b357a61ff5c0ac8d29762f9 |
Presidential Executive Order | 07-4890 (13445) | Presidential Documents
56165
Federal Register
Vol. 72, No. 190
Tuesday, October 2, 2007
Title 3—
The President
Executive Order 13445 of September 27, 2007
Strengthening Adult Education
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to use existing Federal
programs that serve adults, including new Americans, to strengthen literacy
skills, improve opportunities for postsecondary education and employment,
and facilitate participation in American life.
Sec. 2. Definitions. As used in this order:
(a) ‘‘agency’’ means an executive agency as defined in section 105 of
title 5, United States Code, other than the Government Accountability
Office; and
(b) ‘‘adult education’’ means teaching or instruction below the postsec-
ondary level, for individuals who are 16 years of age or older, designed
to provide:
(i) mastery of basic education skills needed to function effectively in
society;
(ii) a secondary school diploma or its equivalent; or
(iii) the ability to speak, read, or write the English language.
Sec. 3. Establishment of Interagency Adult Education Working Group. The
Secretary of Education shall establish within the Department of Education
for administrative purposes only, an Interagency Adult Education Working
Group (Working Group), consistent with this order.
Sec. 4. Membership and Operation of the Working Group.
(a) The Working Group shall consist exclusively of:
(i) the Secretary of Education, who shall serve as Chair;
(ii) the Secretary of the Treasury, the Attorney General, and the Secretaries
of the Interior, Labor, Health and Human Services, Housing and Urban
Development, and Veterans Affairs; and
(iii) other officers or full-time or permanent part-time employees of the
United States, as determined by the Chair, with the concurrence of the
head of the agency concerned.
(b) The Chair, or the Chair’s designee under subsection (c) of this section,
in implementing section 5 of this order, shall convene and preside at
the meetings of the Working Group, determine its agenda, direct its work,
and establish and direct subgroups of the Working Group, as appropriate
to deal with particular subject matters, that shall consist exclusively of
members of the Working Group or their designees under subsection (c)
of this section.
(c) A member of the Working Group may designate, to perform the Working
Group or Working Group subgroup functions of the member, any person
who is a part of the member’s agency and who is either an officer of
the United States appointed by the President or a member of the Senior
Executive Service.
Sec. 5. Functions of the Working Group. Consistent with the policy set
forth in section 1 of this order, the Working Group shall:
(a) identify Federal programs that:
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(i) focus primarily on improving the basic education skills of adults;
(ii) have the goal of transitioning adults from basic literacy to postsecondary
education, training, or employment; or
(iii) constitute programs of adult education;
(b) as appropriate, review the programs identified under subsection (a)
of this section and submit to the heads of the agencies administering
those programs recommendations to:
(i) promote the transition of adults from such programs to postsecondary
education, training, or employment;
(ii) increase the effectiveness, efficiency, and availability of such programs;
(iii) minimize unnecessary duplication among such programs;
(iv) measure and evaluate the performance of such programs; and
(v) undertake and disseminate the results of research related to such
programs;
(c) identify gaps in the research about effective ways to teach adult edu-
cation for postsecondary readiness, recommend areas for further research
to improve adult education programs and services, and identify promising
practices in disseminating valid existing and future research findings;
and
(d) obtain information and advice as appropriate, in a manner that seeks
individual advice and does not involve collective judgment or consensus
advice or deliberation, concerning adult education from:
(i) State, local, territorial, and tribal officials; and
(ii) representatives of entities or other individuals;
(e) at the request of the head of an agency, unless the Chair declines
the request, promptly review and provide advice on a proposed action
by that agency relating to adult education; and
(f) report to the President, through the Assistant to the President for
Domestic Policy, on its work, and on the implementation of any rec-
ommendations arising from its work, at such times and in such formats
as the Chair may specify, with the first such report to be submitted
no later than 9 months after the date of this order.
Sec. 6. Administration of the Working Group. (a) To the extent permitted
by law, the Department of Education shall provide the funding and adminis-
trative support the Working Group needs, as determined by the Chair, to
implement this order.
(b) The heads of agencies shall provide, as appropriate, such assistance
and information as the Chair may request to implement this order.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(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 agencies or entities, its officers, employees,
or agents, or any other person.
THE WHITE HOUSE,
September 27, 2007.
[FR Doc. 07–4890
Filed 10–1–07; 8:45 am]
Billing code 3195–01–P
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| Strengthening Adult Education | 2007-09-27T00:00:00 | 4d6fdb825e9a2a32cbf3c333bcfeb097148c9920eda61eddf77b158bbb25a33d |
Presidential Executive Order | 08-62 (13454) | Presidential Documents
1481
Federal Register
Vol. 73, No. 5
Tuesday, January 8, 2008
Title 3—
The President
Executive Order 13454 of January 4, 2008
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102–40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior
executives in the Senior Executive Service, as established pursuant to 5
U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part
hereof.
Sec. 3. Certain Executive, Legislative and Judicial Salaries. The rates of
basic pay or salaries for the following offices and positions are set forth
on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at
Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), section
140 of Public Law 97–92, and section 305 of Division D of the Consolidated
Appropriations Act, 2008), at Schedule 7.
Sec. 4. Uniformed Services. The rates of monthly basic pay (37 U.S.C.
203(a)) for members of the uniformed services, as adjusted under 37 U.S.C.
1009, and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c))
are set forth on Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments.
(a) Pursuant to section 5304 of title 5, United States Code, and section
740 of Division D of the Consolidated Appropriations Act, 2008, locality-
based comparability payments shall be paid in accordance with Schedule
9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for administrative
law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule
10 attached hereto and made a part hereof.
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Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2008. The
other schedules contained herein are effective on the first day of the first
applicable pay period beginning on or after January 1, 2008.
Sec. 8. Prior Order Superseded. Executive Order 13420 of December 21,
2006, is superseded.
THE WHITE HOUSE,
January 4, 2008.
Billing code 3195–01–P
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[FR Doc. 08–62
Filed 1–7–08; 11:57 am]
Billing code 3195–01–C
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| Adjustments of Certain Rates of Pay | 2008-01-04T00:00:00 | c67fa2084a842db00307400fa73b67c6fbe9702b03ec75171dbfe046ca99af79 |
Presidential Executive Order | 07-5270 (13448) | Presidential Documents
60223
Federal Register
Vol. 72, No. 204
Tuesday, October 23, 2007
Title 3—
The President
Executive Order 13448 of October 18, 2007
Blocking Property and Prohibiting Certain Transactions
Related to Burma
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.), the Burmese Freedom and Democracy
Act of 2003 (Public Law 108–61, as amended, 50 U.S.C. 1701 note), and
section 301 of title 3, United States Code, and in order to take additional
steps with respect to the Government of Burma’s continued repression of
the democratic opposition in Burma,
I, GEORGE W. BUSH, President of the United States of America, hereby
expand the scope of the national emergency declared in Executive Order
13047 of May 20, 1997, and relied upon for additional steps taken in
Executive Order 13310 of July 28, 2003, finding that the Government of
Burma’s continued repression of the democratic opposition in Burma, mani-
fested most recently in the violent response to peaceful demonstrations,
the commission of human rights abuses related to political repression, and
engagement in public corruption, including by diverting or misusing Burmese
public assets or by misusing public authority, constitute an unusual and
extraordinary threat to the national security and foreign policy of the United
States, and I hereby order:
Section 1. Except to the extent provided in section 203(b)(1), (3), and (4)
of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), the Trade Sanctions Reform
and Export Enhancement Act of 2000 (title IX, Public Law 106–387), or
regulations, orders, directives, or licenses that may be issued pursuant to
this order, and notwithstanding any contract entered into or any license
or permit granted prior to the effective date of this order, all property
and interests in property of the following persons 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 United States persons, including
their overseas branches, are blocked and may not be transferred, paid, ex-
ported, withdrawn, or otherwise dealt in:
(a) the persons listed in the Annex attached and made a part of this order;
and
(b) any person determined by the Secretary of the Treasury, after consultation
with the Secretary of State:
(i) to be a senior official of the Government of Burma, the State Peace
and Development Council of Burma, the Union Solidarity and Development
Association of Burma, or any successor entity to any of the foregoing;
(ii) to be responsible for, or to have participated in, human rights abuses
related to political repression in Burma;
(iii) to be engaged, or to have engaged, in activities facilitating public
corruption by senior officials of the Government of Burma;
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(iv) to have materially assisted, sponsored, or provided financial, material,
logistical, or technical support for, or goods or services in support of,
the Government of Burma, the State Peace and Development Council
of Burma, the Union Solidarity and Development Association of Burma,
any successor entity to any of the foregoing, any senior official of any
of the foregoing, or any person whose property and interests in property
are blocked pursuant to Executive Order 13310 or section 1(b)(i)-(v) of
this order;
(v) 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 Executive Order 13310
or section 1(b)(i)-(v) of this order; or
(vi) to be a spouse or dependent child of any person whose property
and interests in property are blocked pursuant to this order or Executive
Order 13310.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen, perma-
nent resident alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including foreign branches),
or any person in the United States; and
(d) the term ‘‘Government of Burma’’ means the Government of Burma
(sometimes referred to as Myanmar), its agencies, instrumentalities and con-
trolled entities, and the Central Bank of Burma.
Sec. 4. I hereby determine that the making of donations of the type specified
in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit
of, persons whose property and interests in property are blocked pursuant
to section 1 of this order would seriously impair my ability to deal with
the national emergency declared in Executive Order 13047, and relied upon
for additional steps taken in Executive Order 13310, and expanded in this
order, and hereby prohibit such donations as provided by section 1 of
this order.
Sec. 5. For those persons whose property and interests in property are
blocked pursuant to section 1 of this order who might have a constitutional
presence in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of meas-
ures to be taken pursuant to this order would render these measures ineffec-
tual. I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 13047, and relied upon
for additional steps taken in Executive Order 13310, and expanded in this
order, there need be no prior notice of a listing or determination made
pursuant to this order.
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Sec. 6. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and section 4 of the Burmese Freedom and Democracy Act of
2003 as may be necessary to carry out the purposes of this order. The
Secretary of the Treasury may redelegate any of these functions to other
officers and agencies of the United States Government consistent with appli-
cable law. All agencies of the United States Government are hereby directed
to take all appropriate measures within their authority to carry out the
provisions of this order.
Sec. 7. The Secretary of the Treasury, after consultation with the Secretary
of State, is authorized to determine, subsequent to the effective date of
this order, that circumstances no longer warrant inclusion of a person in
the Annex to this order and that the property and interests in property
of that person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. Nothing in this order is intended to affect the continued effectiveness
of any rules, regulations, orders, licenses, or other forms of administrative
action issued, taken, or continued in effect heretofore or hereafter under
31 C.F.R. chapter V, except as expressly terminated, modified, or suspended
by or pursuant to this order.
Sec. 9. 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, instrumentalities,
or entities, its officers or employees, or any other person.
Sec. 10. This order is effective at 12:01 a.m. eastern daylight time on October
19, 2007.
THE WHITE HOUSE,
October 18, 2007.
Billing code 3195–01–P
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[FR Doc. 07–5270
Filed 10–22–07; 9:14 am]
Billing code 4810–25–C
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| Blocking Property and Prohibiting Certain Transactions Related to Burma | 2007-10-18T00:00:00 | 07d0a748024cf443f07aeb4eecdb2c1c576d62fecdcfaa6499c34210fc0cab5d |
Presidential Executive Order | E9-11547 (13508) | Presidential Documents
23099
Federal Register
Vol. 74, No. 93
Friday, May 15, 2009
Title 3—
The President
Executive Order 13508 of May 12, 2009
Chesapeake Bay Protection and Restoration
By the authority vested in me as President by the Constitution and the
laws of the United States of America and in furtherance of the purposes
of the Clean Water Act of 1972, as amended (33 U.S.C. 1251 et seq.),
and other laws, and to protect and restore the health, heritage, natural
resources, and social and economic value of the Nation’s largest estuarine
ecosystem and the natural sustainability of its watershed, it is hereby ordered
as follows:
PART 1—PREAMBLE
The Chesapeake Bay is a national treasure constituting the largest estuary
in the United States and one of the largest and most biologically productive
estuaries in the world. The Federal Government has nationally significant
assets in the Chesapeake Bay and its watershed in the form of public
lands, facilities, military installations, parks, forests, wildlife refuges, monu-
ments, and museums.
Despite significant efforts by Federal, State, and local governments and
other interested parties, water pollution in the Chesapeake Bay prevents
the attainment of existing State water quality standards and the ‘‘fishable
and swimmable’’ goals of the Clean Water Act. At the current level and
scope of pollution control within the Chesapeake Bay’s watershed, restoration
of the Chesapeake Bay is not expected for many years. The pollutants
that are largely responsible for pollution of the Chesapeake Bay are nutrients,
in the form of nitrogen and phosphorus, and sediment. These pollutants
come from many sources, including sewage treatment plants, city streets,
development sites, agricultural operations, and deposition from the air onto
the waters of the Chesapeake Bay and the lands of the watershed.
Restoration of the health of the Chesapeake Bay will require a renewed
commitment to controlling pollution from all sources as well as protecting
and restoring habitat and living resources, conserving lands, and improving
management of natural resources, all of which contribute to improved water
quality and ecosystem health. The Federal Government should lead this
effort. Executive departments and agencies (agencies), working in collabora-
tion, can use their expertise and resources to contribute significantly to
improving the health of the Chesapeake Bay. Progress in restoring the Chesa-
peake Bay also will depend on the support of State and local governments,
the enterprise of the private sector, and the stewardship provided to the
Chesapeake Bay by all the people who make this region their home.
PART 2—SHARED FEDERAL LEADERSHIP, PLANNING, AND ACCOUNT-
ABILITY
Sec. 201. Federal Leadership Committee. In order to begin a new era of
shared Federal leadership with respect to the protection and restoration
of the Chesapeake Bay, a Federal Leadership Committee (Committee) for
the Chesapeake Bay is established to oversee the development and coordina-
tion of programs and activities, including data management and reporting,
of agencies participating in protection and restoration of the Chesapeake
Bay. The Committee shall manage the development of strategies and program
plans for the watershed and ecosystem of the Chesapeake Bay and oversee
their implementation. The Committee shall be chaired by the Administrator
of the Environmental Protection Agency (EPA), or the Administrator’s des-
ignee, and include senior representatives of the Departments of Agriculture
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(USDA), Commerce (DOC), Defense (DOD), Homeland Security (DHS), the
Interior (DOI), Transportation (DOT), and such other agencies as determined
by the Committee. Representatives serving on the Committee shall be officers
of the United States.
Sec. 202. Reports on Key Challenges to Protecting and Restoring the Chesa-
peake Bay. Within 120 days from the date of this order, the agencies identified
in this section as the lead agencies shall prepare and submit draft reports
to the Committee making recommendations for accomplishing the following
steps to protect and restore the Chesapeake Bay:
(a) define the next generation of tools and actions to restore water quality
in the Chesapeake Bay and describe the changes to be made to regulations,
programs, and policies to implement these actions;
(b) target resources to better protect the Chesapeake Bay and its tributary
waters, including resources under the Food Security Act of 1985 as amended,
the Clean Water Act, and other laws;
(c) strengthen storm water management practices at Federal facilities and
on Federal lands within the Chesapeake Bay watershed and develop storm
water best practices guidance;
(d) assess the impacts of a changing climate on the Chesapeake Bay
and develop a strategy for adapting natural resource programs and public
infrastructure to the impacts of a changing climate on water quality and
living resources of the Chesapeake Bay watershed;
(e) expand public access to waters and open spaces of the Chesapeake
Bay and its tributaries from Federal lands and conserve landscapes and
ecosystems of the Chesapeake Bay watershed;
(f) strengthen scientific support for decisionmaking to restore the Chesa-
peake Bay and its watershed, including expanded environmental research
and monitoring and observing systems; and
(g) develop focused and coordinated habitat and research activities that
protect and restore living resources and water quality of the Chesapeake
Bay and its watershed.
The EPA shall be the lead agency for subsection (a) of this section and
the development of the storm water best practices guide under subsection
(c). The USDA shall be the lead agency for subsection (b). The DOD shall
lead on storm water management practices at Federal facilities and on Federal
lands under subsection (c). The DOI and the DOC shall share the lead
on subsections (d), (f), and (g), and the DOI shall be lead on subsection
(e). The lead agencies shall provide final reports to the Committee within
180 days of the date of this order.
Sec. 203. Strategy for Protecting and Restoring the Chesapeake Bay. The
Committee shall prepare and publish a strategy for coordinated implementa-
tion of existing programs and projects to guide efforts to protect and restore
the Chesapeake Bay. The strategy shall, to the extent permitted by law:
(a) define environmental goals for the Chesapeake Bay and describe mile-
stones for making progress toward attainment of these goals;
(b) identify key measureable indicators of environmental condition and
changes that are critical to effective Federal leadership;
(c) describe the specific programs and strategies to be implemented, includ-
ing the programs and strategies described in draft reports developed under
section 202 of this order;
(d) identify the mechanisms that will assure that governmental and other
activities, including data collection and distribution, are coordinated and
effective, relying on existing mechanisms where appropriate; and
(e) describe a process for the implementation of adaptive management
principles, including a periodic evaluation of protection and restoration
activities.
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The Committee shall review the draft reports submitted by lead agencies
under section 202 of this order and, in consultation with relevant State
agencies, suggest appropriate revisions to the agency that provided the draft
report. It shall then integrate these reports into a coordinated strategy for
restoration and protection of the Chesapeake Bay consistent with the require-
ments of this order. Together with the final reports prepared by the lead
agencies, the draft strategy shall be published for public review and comment
within 180 days of the date of this order and a final strategy shall be
published within 1 year. To the extent practicable and authorized under
their existing authorities, agencies may begin implementing core elements
of restoration and protection programs and strategies, in consultation with
the Committee, as soon as possible and prior to release of a final strategy.
Sec. 204. Collaboration with State Partners. In preparing the reports under
section 202 and the strategy under section 203, the lead agencies and the
Committee shall consult extensively with the States of Virginia, Maryland,
Pennsylvania, West Virginia, New York, and Delaware and the District of
Columbia. The goal of this consultation is to ensure that Federal actions
to protect and restore the Chesapeake Bay are closely coordinated with
actions by State and local agencies in the watershed and that the resources,
authorities, and expertise of Federal, State, and local agencies are used
as efficiently as possible for the benefit of the Chesapeake Bay’s water
quality and ecosystem and habitat health and viability.
Sec. 205. Annual Action Plan and Progress Report. Beginning in 2010,
the Committee shall publish an annual Chesapeake Bay Action Plan (Action
Plan) describing how Federal funding proposed in the President’s Budget
will be used to protect and restore the Chesapeake Bay during the upcoming
fiscal year. This plan will be accompanied by an Annual Progress Report
reviewing indicators of environmental conditions in the Chesapeake Bay,
assessing implementation of the Action Plan during the preceding fiscal
year, and recommending steps to improve progress in restoring and protecting
the Chesapeake Bay. The Committee shall consult with stakeholders (includ-
ing relevant State agencies) and members of the public in developing the
Action Plan and Annual Progress Report.
Sec. 206. Strengthen Accountability. The Committee, in collaboration with
State agencies, shall ensure that an independent evaluator periodically reports
to the Committee on progress toward meeting the goals of this order. The
Committee shall ensure that all program evaluation reports, including data
on practice or system implementation and maintenance funded through
agency programs, as appropriate, are made available to the public by posting
on a website maintained by the Chair of the Committee.
PART 3—RESTORE CHESAPEAKE BAY WATER QUALITY
Sec. 301. Water Pollution Control Strategies. In preparing the report required
by subsection 202(a) of this order, the Administrator of the EPA (Adminis-
trator) shall, after consulting with appropriate State agencies, examine how
to make full use of its authorities under the Clean Water Act to protect
and restore the Chesapeake Bay and its tributary waters and, as appropriate,
shall consider revising any guidance and regulations. The Administrator
shall identify pollution control strategies and actions authorized by the
EPA’s existing authorities to restore the Chesapeake Bay that:
(a) establish a clear path to meeting, as expeditiously as practicable, water
quality and environmental restoration goals for the Chesapeake Bay;
(b) are based on sound science and reflect adaptive management principles;
(c) are performance oriented and publicly accountable;
(d) apply innovative and cost-effective pollution control measures;
(e) can be replicated in efforts to protect other bodies of water, where
appropriate; and
(f) build on the strengths and expertise of Federal, State, and local govern-
ments, the private sector, and citizen organizations.
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Sec. 302. Elements of EPA Reports. The strategies and actions identified
by the Administrator of the EPA in preparing the report under subsection
202(a) shall include, to the extent permitted by law:
(a) using Clean Water Act tools, including strengthening existing permit
programs and extending coverage where appropriate;
(b) establishing new, minimum standards of performance where appro-
priate, including:
(i) establishing a schedule for the implementation of key actions in
cooperation with States, local governments, and others;
(ii) constructing watershed-based frameworks that assign pollution reduc-
tion responsibilities to pollution sources and maximize the reliability and
cost-effectiveness of pollution reduction programs; and
(iii) implementing a compliance and enforcement strategy.
PART 4—AGRICULTURAL PRACTICES TO PROTECT THE CHESAPEAKE
BAY
Sec. 401. In developing recommendations for focusing resources to protect
the Chesapeake Bay in the report required by subsection 202(b) of this
order, the Secretary of Agriculture shall, as appropriate, concentrate the
USDA’s working lands and land retirement programs within priority water-
sheds in counties in the Chesapeake Bay watershed. These programs should
apply priority conservation practices that most efficiently reduce nutrient
and sediment loads to the Chesapeake Bay, as identified by USDA and
EPA data and scientific analysis. The Secretary of Agriculture shall work
with State agriculture and conservation agencies in developing the report.
PART 5—REDUCE WATER POLLUTION FROM FEDERAL LANDS AND
FACILITIES
Sec. 501. Agencies with land, facilities, or installation management respon-
sibilities affecting ten or more acres within the watershed of the Chesapeake
Bay shall, as expeditiously as practicable and to the extent permitted by
law, implement land management practices to protect the Chesapeake Bay
and its tributary waters consistent with the report required by section 202
of this order and as described in guidance published by the EPA under
section 502.
Sec. 502. The Administrator of the EPA shall, within 1 year of the date
of this order and after consulting with the Committee and providing for
public review and comment, publish guidance for Federal land management
in the Chesapeake Bay watershed describing proven, cost-effective tools
and practices that reduce water pollution, including practices that are avail-
able for use by Federal agencies.
PART 6—PROTECT CHESAPEAKE BAY AS THE CLIMATE CHANGES
Sec. 601. The Secretaries of Commerce and the Interior shall, to the extent
permitted by law, organize and conduct research and scientific assessments
to support development of the strategy to adapt to climate change impacts
on the Chesapeake Bay watershed as required in section 202 of this order
and to evaluate the impacts of climate change on the Chesapeake Bay in
future years. Such research should include assessment of:
(a) the impact of sea level rise on the aquatic ecosystem of the Chesapeake
Bay, including nutrient and sediment load contributions from stream banks
and shorelines;
(b) the impacts of increasing temperature, acidity, and salinity levels of
waters in the Chesapeake Bay;
(c) the impacts of changing rainfall levels and changes in rainfall intensity
on water quality and aquatic life;
(d) potential impacts of climate change on fish, wildlife, and their habitats
in the Chesapeake Bay and its watershed; and
(e) potential impacts of more severe storms on Chesapeake Bay resources.
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PART 7—EXPAND PUBLIC ACCESS TO THE CHESAPEAKE BAY AND
CONSERVE LANDSCAPES AND ECOSYSTEMS
Sec. 701. (a) Agencies participating in the Committee shall assist the Secretary
of the Interior in development of the report addressing expanded public
access to the waters of the Chesapeake Bay and conservation of landscapes
and ecosystems required in subsection 202(e) of this order by providing
to the Secretary:
(i) a list and description of existing sites on agency lands and facilities
where public access to the Chesapeake Bay or its tributary waters is
offered;
(ii) a description of options for expanding public access at these agency
sites;
(iii) a description of agency sites where new opportunities for public
access might be provided;
(iv) a description of safety and national security issues related to ex-
panded public access to Department of Defense installations;
(v) a description of landscapes and ecosystems in the Chesapeake Bay
watershed that merit recognition for their historical, cultural, ecological,
or scientific values; and
(vi) options for conserving these landscapes and ecosystems.
(b) In developing the report addressing expanded public access on agency
lands to the waters of the Chesapeake Bay and options for conserving land-
scapes and ecosystems in the Chesapeake Bay, as required in subsection
202(e) of this order, the Secretary of the Interior shall coordinate any rec-
ommendations with State and local agencies in the watershed and programs
such as the Captain John Smith Chesapeake National Historic Trail, the
Chesapeake Bay Gateways and Watertrails Network, and the Star-Spangled
Banner National Historic Trail.
PART 8—MONITORING AND DECISION SUPPORT FOR ECOSYSTEM
MANAGEMENT
Sec. 801. The Secretaries of Commerce and the Interior shall, to the extent
permitted by law, organize and conduct their monitoring, research, and
scientific assessments to support decisionmaking for the Chesapeake Bay
ecosystem and to develop the report addressing strengthening environmental
monitoring of the Chesapeake Bay and its watershed required in section
202 of this order. This report will assess existing monitoring programs
and gaps in data collection, and shall also include the following topics:
(a) the health of fish and wildlife in the Chesapeake Bay watershed;
(b) factors affecting changes in water quality and habitat conditions; and
(c) using adaptive management to plan, monitor, evaluate, and adjust
environmental management actions.
PART 9—LIVING RESOURCES PROTECTION AND RESTORATION
Sec. 901. The Secretaries of Commerce and the Interior shall, to the extent
permitted by law, identify and prioritize critical living resources of the
Chesapeake Bay and its watershed, conduct collaborative research and habitat
protection activities that address expected outcomes for these species, and
develop a report addressing these topics as required in section 202 of this
order. The Secretaries of Commerce and the Interior shall coordinate agency
activities related to living resources in estuarine waters to ensure maximum
benefit to the Chesapeake Bay resources.
PART 10—EXCEPTIONS
Sec. 1001. The heads of agencies may authorize exceptions to this order,
in the following circumstances:
(a) during time of war or national emergency;
(b) when necessary for reasons of national security;
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(c) during emergencies posing an unacceptable threat to human health
or safety or to the marine environment and admitting of no other feasible
solution; or
(d) in any case that constitutes a danger to human life or a real threat
to vessels, aircraft, platforms, or other man-made structures at sea, such
as cases of force majeure caused by stress of weather or other act of God.
PART 11—GENERAL PROVISIONS
Sec. 1101. (a) Nothing in this order shall be construed to impair or otherwise
affect:
(i) authority granted by law to a department, agency, or the head thereof;
or
(ii) 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.
THE WHITE HOUSE,
May 12, 2009.
[FR Doc. E9–11547
Filed 5–14–09; 8:45 am]
Billing code 3195–W9–P
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Executive Order 13446 of September 28, 2007
Continuance of Certain Federal Advisory Committees and
Amendments to and Revocation of Other Executive Orders
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and consistent with the provisions
of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it
is hereby ordered as follows:
Section 1. Each advisory committee listed below is continued until September
30, 2009.
(a) Committee for the Preservation of the White House; Executive Order
11145, as amended (Department of the Interior).
(b) National Infrastructure Advisory Council; section 3 of Executive Order
13231, as amended (Department of Homeland Security).
(c) Federal Advisory Council on Occupational Safety and Health; Executive
Order 12196, as amended (Department of Labor).
(d) President’s Board of Advisors on Historically Black Colleges and Univer-
sities; Executive Order 13256 (Department of Education).
(e) President’s Board of Advisors on Tribal Colleges and Universities; Execu-
tive Order 13270 (Department of Education).
(f) President’s Commission on White House Fellowships; Executive Order
11183, as amended (Office of Personnel Management).
(g) President’s Committee for People with Intellectual Disabilities; Executive
Order 12994, as amended (Department of Health and Human Services).
(h) President’s Committee on the Arts and the Humanities; Executive Order
12367, as amended (National Endowment for the Arts).
(i) President’s Committee on the International Labor Organization; Executive
Order 12216, as amended (Department of Labor).
(j) President’s Committee on the National Medal of Science; Executive Order
11287, as amended (National Science Foundation).
(k) President’s Council of Advisors on Science and Technology; Executive
Order 13226, as amended (Office of Science and Technology Policy).
(l) President’s Council on Bioethics; Executive Order 13237 (Department
of Health and Human Services).
(m) President’s Council on Physical Fitness and Sports; Executive Order
13265 (Department of Health and Human Services).
(n) President’s Export Council; Executive Order 12131, as amended (Depart-
ment of Commerce).
(o) President’s National Security Telecommunications Advisory Committee;
Executive Order 12382, as amended (Department of Homeland Security).
(p) Trade and Environment Policy Advisory Committee; Executive Order
12905 (Office of the United States Trade Representative).
Sec. 2. Notwithstanding the provisions of any other Executive Order, the
functions of the President under the Federal Advisory Committee Act that
are applicable to the committees listed in section 1 of this order shall
be performed by the head of the department or agency designated after
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each committee, in accordance with the guidelines and procedures estab-
lished by the Administrator of General Services.
Sec. 3. The following Executive Order, which established a committee whose
work has been completed, is revoked: Executive Order 13369, as amended
by Executive Orders 13379 and 13386, establishing the President’s Advisory
Panel on Federal Tax Reform.
Sec. 4. Sections 1 and 2 of Executive Order 13385 are superseded by sections
1 and 2 of this order.
Sec. 5. Executive Order 12994, as amended (President’s Committee for People
with Intellectual Disabilities) is further amended to read as follows:
‘‘By the authority vested in me as President by the Constitution and
the laws of the United States of America, and in order to promote full
participation of people with intellectual disabilities in their communities,
it is hereby ordered as follows:
‘‘Section 1. Committee Continued and Responsibilities Expanded. The
President’s Committee on Mental Retardation, with expanded member-
ship and expanded responsibilities, and renamed the President’s Com-
mittee for People with Intellectual Disabilities (Committee), is hereby
continued in operation.
‘‘Sec. 2. Composition of Committee. (a) The Committee shall be com-
posed of the following members:
(1) The Attorney General;
(2) The Secretary of the Interior;
(3) The Secretary of Commerce;
(4) The Secretary of Labor;
(5) The Secretary of Health and Human Services;
(6) The Secretary of Housing and Urban Development;
(7) The Secretary of Transportation;
(8) The Secretary of Education;
(9) The Secretary of Homeland Security;
(10) The Chief Executive Officer of the Corporation for National and
Community Service;
(11) The Commissioner of Social Security;
(12) The Chairman of the Equal Employment Opportunity Commis-
sion;
(13) The Chairperson of the National Council on Disability; and
(14) No more than 21 other members who shall be appointed to the
Committee by the President. These citizen members shall consist of
individuals who represent a broad spectrum of perspectives, experi-
ence, and expertise on intellectual disabilities; persons with intellec-
tual disabilities and members of families with a child or adult with
intellectual disabilities; and persons employed in either the public or
the private sector. Except as the President may from time to time oth-
erwise direct, appointees under this paragraph shall serve for two-year
terms, except that an appointment made to fill a vacancy occurring
before the expiration of a term shall be made for the balance of the
unexpired term.
‘‘(b) The President shall designate the Chair of the Committee from
the 21 citizen members. The Chair shall preside over meetings of the
Committee and represent the Committee on appropriate occasions.
‘‘Sec. 3. Functions of the Committee. (a) Consistent with subsection
(c) of this section, the Committee shall:
(1) provide such advice concerning intellectual disabilities as the
President or the Secretary of Health and Human Services may request;
and
(2) provide advice to the President concerning the following for peo-
ple with intellectual disabilities:
(A) expansion of educational opportunities;
(B) promotion of homeownership;
(C) assurance of workplace integration;
(D) improvement of transportation options;
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(E) expansion of full access to community living; and
(F) increasing access to assistive and universally designed tech-
nologies.
‘‘(b) The Committee shall provide an annual report to the President
through the Secretary of Health and Human Services. Such additional
reports may be made as the President may direct or as the Committee
may deem appropriate.
‘‘(c) The members shall advise the President and carry out their advi-
sory role consistent with the requirements of the Federal Advisory
Committee Act, as amended (5 U.S.C. App.).
‘‘Sec. 4. Cooperation by Agencies. The heads of Federal departments
and agencies shall:
‘‘(a) designate, when requested by the Secretary of Health and Human
Services, an officer or employee of such department or agency to
serve as a liaison with the Committee; and
‘‘(b) furnish such information and assistance to the Committee, to the
extent permitted by law, as the Secretary of Health and Human Serv-
ices may request to assist the Committee in performing its functions
under this order.
‘‘Sec. 5. Administration. (a) The Department of Health and Human
Services shall provide the Committee with necessary staff support, ad-
ministrative services and facilities, and funding, to the extent per-
mitted by law.
‘‘(b) Each member of the Committee, except any member who receives
other compensation from the United States Government, may receive
compensation for each day engaged in the work of the Committee,
as authorized by law (5 U.S.C. 3109), and may also receive travel ex-
penses, including per diem in lieu of subsistence, as authorized by
law (5 U.S.C. 5701–5707), for persons employed intermittently in the
Government service. Committee members with disabilities may be
compensated for attendant expenses, consistent with Government pro-
cedures and practices.
‘‘(c) The Secretary of Health and Human Services shall perform such
other functions with respect to the Committee as may be required by
the Federal Advisory Committee Act, as amended (5 U.S.C. App.), ex-
cept that of reporting to the Congress.
‘‘Sec. 6. General. (a) Nothing in this order shall be construed as sub-
jecting any Federal agency, or any function vested by law in, or as-
signed pursuant to law to, any Federal agency, to the authority of
the Committee or as abrogating or restricting any such function in any
manner.
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‘‘(b) 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, instru-
mentalities, or entities, its officers or employees, or any other per-
son.’’.
Sec. 6. This order shall be effective September 30, 2007.
THE WHITE HOUSE,
September 28, 2007.
[FR Doc. 07–4906
Filed 10–1–07; 9:47 am]
Billing code 3195–01–P
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Presidential Executive Order | 07-4600 (13444) | Presidential Documents
52747
Federal Register
Vol. 72, No. 178
Friday, September 14, 2007
Title 3—
The President
Executive Order 13444 of September 12, 2007
Extending Privileges and Immunities to the African Union
Mission to the United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7(a)(2) of the Depart-
ment of State Authorities Act of 2006 (Public Law 109–472), I hereby extend
to the African Union Mission to the United States of America, and to
its members, the privileges and immunities enjoyed by diplomatic missions
accredited to the United States, and by members of such missions, subject
to corresponding conditions and obligations.
This extension of privileges and immunities is not intended to abridge
in any respect privileges and immunities that the African Union Mission
to the United States of America and its members otherwise may have acquired
or may acquire by law.
THE WHITE HOUSE,
September 12, 2007.
[FR Doc. 07–4600
Filed 9–13–07; 9:00 am]
Billing code 3195–01–P
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Federal Register
Vol. 72, No. 160
Monday, August 20, 2007
Title 3—
The President
Executive Order 13443 of August 16, 2007
Facilitation of Hunting Heritage and Wildlife Conservation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. The purpose of this order is to direct Federal agencies
that have programs and activities that have a measurable effect on public
land management, outdoor recreation, and wildlife management, including
the Department of the Interior and the Department of Agriculture, to facilitate
the expansion and enhancement of hunting opportunities and the manage-
ment of game species and their habitat.
Sec. 2. Federal Activities. Federal agencies shall, consistent with agency
missions:
(a) Evaluate the effect of agency actions on trends in hunting participation
and, where appropriate to address declining trends, implement actions that
expand and enhance hunting opportunities for the public;
(b) Consider the economic and recreational values of hunting in agency
actions, as appropriate;
(c) Manage wildlife and wildlife habitats on public lands in a manner
that expands and enhances hunting opportunities, including through the
use of hunting in wildlife management planning;
(d) Work collaboratively with State governments to manage and conserve
game species and their habitats in a manner that respects private property
rights and State management authority over wildlife resources;
(e) Establish short and long term goals, in cooperation with State and tribal
governments, and consistent with agency missions, to foster healthy and
productive populations of game species and appropriate opportunities for
the public to hunt those species;
(f) Ensure that agency plans and actions consider programs and recommenda-
tions of comprehensive planning efforts such as State Wildlife Action Plans,
the North American Waterfowl Management Plan, and other range-wide
management plans for big game and upland game birds;
(g) Seek the advice of State and tribal fish and wildlife agencies, and,
as appropriate, consult with the Sporting Conservation Council and other
organizations, with respect to the foregoing Federal activities.
Sec. 3. North American Wildlife Policy Conference. The Chairman of the
Council on Environmental Quality (Chairman) shall, in coordination with
the appropriate Federal agencies and in consultation with the Sporting Con-
servation Council and in cooperation with State and tribal fish and wildlife
agencies and the public, convene not later than 1 year after the date of
this order, and periodically thereafter at such times as the Chairman deems
appropriate, a White House Conference on North American Wildlife Policy
(Conference) to facilitate the exchange of information and advice relating
to the means for achieving the goals of this order.
Sec. 4. Recreational Hunting and Wildlife Resource Conservation Plan. The
Chairman shall prepare, consistent with applicable law and subject to the
availability of appropriations, in coordination with the appropriate Federal
agencies and in consultation with the Sporting Conservation Council, and
in cooperation with State and tribal fish and wildlife agencies, not later
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than 1 year following the conclusion of the Conference, a comprehensive
Recreational Hunting and Wildlife Conservation Plan that incorporates exist-
ing and ongoing activities and sets forth a 10-year agenda for fulfilling
the actions identified in section 2 of this order.
Sec. 5. Judicial Review. This order is not intended to, and does not, create
any right, benefit, trust responsibility, or privilege, substantive or procedural,
enforceable at law or in equity by any party against the United States,
its departments, agencies, instrumentalities, or entities, its officers or employ-
ees, or any other person.
THE WHITE HOUSE,
August 16, 2007.
[FR Doc. 07–4115
Filed 8–17–07; 10:46 am]
Billing code 3195–01–P
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Federal Register
Vol. 72, No. 149
Friday, August 3, 2007
Title 3—
The President
Executive Order 13441 of August 1, 2007
Blocking Property of Persons Undermining the Sovereignty of
Lebanon or Its Democratic Processes and Institutions
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.)(NEA), and section 301 of title 3, United
States Code,
I, GEORGE W. BUSH, President of the United States of America, determine
that the actions of certain persons to undermine Lebanon’s legitimate and
democratically elected government or democratic institutions, to contribute
to the deliberate breakdown in the rule of law in Lebanon, including through
politically motivated violence and intimidation, to reassert Syrian control
or contribute to Syrian interference in Lebanon, or to infringe upon or
undermine Lebanese sovereignty contribute to political and economic insta-
bility in that country and the region and constitute an unusual and extraor-
dinary threat to the national security and foreign policy of the United
States, and I hereby declare a national emergency to deal with that threat.
I hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and
(4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and notwith-
standing any contract entered into or any license or permit granted prior
to the date of this order, 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, including any overseas branch, of the following persons are blocked
and may not be transferred, paid, exported, withdrawn, or otherwise dealt
in:
(i) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State:
(A) to have taken, or to pose a significant risk of taking, actions, including
acts of violence, that have the purpose or effect of undermining Lebanon’s
democratic processes or institutions, contributing to the breakdown of
the rule of law in Lebanon, supporting the reassertion of Syrian control
or otherwise contributing to Syrian interference in Lebanon, or infringing
upon or undermining Lebanese sovereignty;
(B) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services in support of, such
actions, including acts of violence, or any person whose property and
interests in property are blocked pursuant to this order;
(C) to be a spouse or dependent child of any person whose property
and interests in property are blocked pursuant to this order; or
(D) to be owned or controlled by, or acting or purporting to act for
or on behalf of, directly or indirectly, any person whose property and
interests in property are blocked pursuant to this order.
(b) I hereby determine that the making of donations of the type of articles
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or
for the benefit of any person whose property and interests in property
are blocked pursuant to paragraph (a) of this section would seriously impair
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my ability to deal with the national emergency declared in this order,
and I hereby prohibit such donations as provided by paragraph (a) of this
section.
(c)The prohibitions in paragraph (a) of this section include but are not
limited to (i) the making of any contribution or provision of funds, goods,
or services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order, and (ii) the receipt
of any contribution or provision of funds, goods, or services from any
such person.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen, perma-
nent resident alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including foreign branches),
or any person in the United States.
Sec. 4. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that, because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render these measures ineffectual.
I therefore determine that, for these measures to be effective in addressing
the national emergency declared in this order, there need be no prior notice
of a listing or determination made pursuant to section 1 of this order.
Sec. 5. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized 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 this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government, consistent
with applicable law. All agencies of the United States Government are
hereby directed to take all appropriate measures within their authority to
carry out the provisions of this order and, where appropriate, to advise
the Secretary of the Treasury in a timely manner of the measures taken.
The Secretary of the Treasury shall ensure compliance with those provisions
of section 401 of the NEA (50 U.S.C. 1641) applicable to the Department
of the Treasury in relation to this order.
Sec. 6. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to submit the recurring and final reports
to the Congress on the national emergency declared in this order, consistent
with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
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Sec. 7. This order is not intended to create, nor does it create, any right,
benefit, or privilege, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other person.
THE WHITE HOUSE,
August 1, 2007.
[FR Doc. 07–3835
Filed 8–2–07; 9:10 am]
Billing code 3195–01–P
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| Blocking Property of Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions | 2007-08-01T00:00:00 | dfe45a48d1a08ec3618d2354ea74413aab1c8b9c1a9ae41cab60d3503b960e22 |
Presidential Executive Order | 07-3656 (13440) | Presidential Documents
40707
Federal Register
Vol. 72, No. 141
Tuesday, July 24, 2007
Title 3—
The President
Executive Order 13440 of July 20, 2007
Interpretation of the Geneva Conventions Common Article 3
as Applied to a Program of Detention and Interrogation Op-
erated by the Central Intelligence Agency
By the authority vested in me as President and Commander in Chief of
the Armed Forces by the Constitution and the laws of the United States
of America, including the Authorization for Use of Military Force (Public
Law 107–40), the Military Commissions Act of 2006 (Public Law 109–366),
and section 301 of title 3, United States Code, it is hereby ordered as
follows:
Section 1. General Determinations. (a) The United States is engaged in
an armed conflict with al Qaeda, the Taliban, and associated forces. Members
of al Qaeda were responsible for the attacks on the United States of September
11, 2001, and for many other terrorist attacks, including against the United
States, its personnel, and its allies throughout the world. These forces con-
tinue to fight the United States and its allies in Afghanistan, Iraq, and
elsewhere, and they continue to plan additional acts of terror throughout
the world. On February 7, 2002, I determined for the United States that
members of al Qaeda, the Taliban, and associated forces are unlawful enemy
combatants who are not entitled to the protections that the Third Geneva
Convention provides to prisoners of war. I hereby reaffirm that determination.
(b) The Military Commissions Act defines certain prohibitions of Common
Article 3 for United States law, and it reaffirms and reinforces the authority
of the President to interpret the meaning and application of the Geneva
Conventions.
Sec. 2. Definitions. As used in this order:
(a) ‘‘Common Article 3’’ means Article 3 of the Geneva Conventions.
(b) ‘‘Geneva Conventions’’ means:
(i) the Convention for the Amelioration of the Condition of the Wounded
and Sick in Armed Forces in the Field, done at Geneva August 12, 1949
(6 UST 3114);
(ii) the Convention for the Amelioration of the Condition of Wounded,
Sick and Shipwrecked Members of Armed Forces at Sea, done at Geneva
August 12, 1949 (6 UST 3217);
(iii) the Convention Relative to the Treatment of Prisoners of War, done
at Geneva August 12, 1949 (6 UST 3316); and
(iv) the Convention Relative to the Protection of Civilian Persons in Time
of War, done at Geneva August 12, 1949 (6 UST 3516).
(c) ‘‘Cruel, inhuman, or degrading treatment or punishment’’ means the
cruel, unusual, and inhumane treatment or punishment prohibited by the
Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United
States.
Sec. 3. Compliance of a Central Intelligence Agency Detention and Interroga-
tion Program with Common Article 3. (a) Pursuant to the authority of the
President under the Constitution and the laws of the United States, including
the Military Commissions Act of 2006, this order interprets the meaning
and application of the text of Common Article 3 with respect to certain
detentions and interrogations, and shall be treated as authoritative for all
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purposes as a matter of United States law, including satisfaction of the
international obligations of the United States. I hereby determine that Com-
mon Article 3 shall apply to a program of detention and interrogation
operated by the Central Intelligence Agency as set forth in this section.
The requirements set forth in this section shall be applied with respect
to detainees in such program without adverse distinction as to their race,
color, religion or faith, sex, birth, or wealth.
(b) I hereby determine that a program of detention and interrogation approved
by the Director of the Central Intelligence Agency fully complies with the
obligations of the United States under Common Article 3, provided that:
(i) the conditions of confinement and interrogation practices of the program
do not include:
(A) torture, as defined in section 2340 of title 18, United States Code;
(B) any of the acts prohibited by section 2441(d) of title 18, United
States Code, including murder, torture, cruel or inhuman treatment,
mutilation or maiming, intentionally causing serious bodily injury,
rape, sexual assault or abuse, taking of hostages, or performing of bio-
logical experiments;
(C) other acts of violence serious enough to be considered comparable
to murder, torture, mutilation, and cruel or inhuman treatment, as de-
fined in section 2441(d) of title 18, United States Code;
(D) any other acts of cruel, inhuman, or degrading treatment or pun-
ishment prohibited by the Military Commissions Act (subsection 6(c)
of Public Law 109–366) and the Detainee Treatment Act of 2005 (sec-
tion 1003 of Public Law 109–148 and section 1403 of Public Law
109–163);
(E) willful and outrageous acts of personal abuse done for the purpose
of humiliating or degrading the individual in a manner so serious that
any reasonable person, considering the circumstances, would deem
the acts to be beyond the bounds of human decency, such as sexual
or sexually indecent acts undertaken for the purpose of humiliation,
forcing the individual to perform sexual acts or to pose sexually,
threatening the individual with sexual mutilation, or using the indi-
vidual as a human shield; or
(F) acts intended to denigrate the religion, religious practices, or reli-
gious objects of the individual;
(ii) the conditions of confinement and interrogation practices are to be
used with an alien detainee who is determined by the Director of the
Central Intelligence Agency:
(A) to be a member or part of or supporting al Qaeda, the Taliban,
or associated organizations; and
(B) likely to be in possession of information that:
(1) could assist in detecting, mitigating, or preventing terrorist at-
tacks, such as attacks within the United States or against its Armed
Forces or other personnel, citizens, or facilities, or against allies or
other countries cooperating in the war on terror with the United
States, or their armed forces or other personnel, citizens, or facili-
ties; or
(2) could assist in locating the senior leadership of al Qaeda, the
Taliban, or associated forces;
(iii) the interrogation practices are determined by the Director of the
Central Intelligence Agency, based upon professional advice, to be safe
for use with each detainee with whom they are used; and
(iv) detainees in the program receive the basic necessities of life, including
adequate food and water, shelter from the elements, necessary clothing,
protection from extremes of heat and cold, and essential medical care.
(c) The Director of the Central Intelligence Agency shall issue written policies
to govern the program, including guidelines for Central Intelligence Agency
personnel that implement paragraphs (i)(C), (E), and (F) of subsection 3(b)
of this order, and including requirements to ensure:
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(i) safe and professional operation of the program;
(ii) the development of an approved plan of interrogation tailored for
each detainee in the program to be interrogated, consistent with subsection
3(b)(iv) of this order;
(iii) appropriate training for interrogators and all personnel operating the
program;
(iv) effective monitoring of the program, including with respect to medical
matters, to ensure the safety of those in the program; and
(v) compliance with applicable law and this order.
Sec. 4. Assignment of Function. With respect to the program addressed
in this order, the function of the President under section 6(c)(3) of the
Military Commissions Act of 2006 is assigned to the Director of National
Intelligence.
Sec. 5. General Provisions. (a) Subject to subsection (b) of this section,
this order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity, against the United
States, its departments, agencies, or other entities, its officers or employees,
or any other person.
(b) Nothing in this order shall be construed to prevent or limit reliance
upon this order in a civil, criminal, or administrative proceeding, or other-
wise, by the Central Intelligence Agency or by any individual acting on
behalf of the Central Intelligence Agency in connection with the program
addressed in this order.
THE WHITE HOUSE,
July 20, 2007.
[FR Doc. 07–3656
Filed 7–23–07; 10:16 am]
Billing code 3195–01–P
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| Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency | 2007-07-20T00:00:00 | 15b4d3311743d17632ce4bf33b222e247f4a6d40c7709b5a2b519cc9fb1580db |
Presidential Executive Order | 07-4023 (13442) | Presidential Documents
45877
Federal Register
Vol. 72, No. 157
Wednesday, August 15, 2007
Title 3—
The President
Executive Order 13442 of August 13, 2007
Amending the Order of Succession in the Department of
Homeland Security
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered as follows:
Section 1. Section 88 of Executive Order 13286 of February 28, 2003
(‘‘Amendment of Executive Orders, and Other Actions, in Connection With
the Transfer of Certain Functions to the Secretary of Homeland Security’’),
is amended by striking the text of such section in its entirety and inserting
the following in lieu thereof:
‘‘Sec. 88. Order of Succession.
Subject to the provisions of subsection (b) of this section, the officers named
in subsection (a) of this section, in the order listed, shall act as, and perform
the functions and duties of the office of, the Secretary of Homeland Security
(Secretary), if they are eligible to act as Secretary under the provisions
of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (Vacancies
Act), during any period in which the Secretary has died, resigned, or other-
wise become unable to perform the functions and duties of the office of
Secretary.
(a) Order of Succession.
’’(i) Deputy Secretary of Homeland Security;
(ii) Under Secretary for National Protection and Programs;
(iii) Under Secretary for Management;
(iv) Assistant Secretary of Homeland Security (Policy);
(v) Under Secretary for Science and Technology;
(vi) General Counsel;
(vii) Assistant Secretary of Homeland Security (Transportation Security
Administration);
(viii) Administrator of the Federal Emergency Management Agency;
(ix) Commissioner of U.S. Customs and Border Protection;
(x) Assistant Secretary of Homeland Security (U.S. Immigration and Cus-
toms Enforcement);
(xi) Director of U.S. Citizenship and Immigration Services;
(xii) Chief Financial Officer;
(xiii) Regional Administrator, Region V, Federal Emergency Management
Agency;
(xiv) Regional Administrator, Region VI, Federal Emergency Management
Agency;
(xv) Regional Administrator, Region VII, Federal Emergency Management
Agency;
(xvi) Regional Administrator, Region IX, Federal Emergency Management
Agency; and
(xvii) Regional Administrator, Region I, Federal Emergency Management
Agency.
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‘‘(b) Exceptions.
(i) No individual who is serving in an office listed in subsection (a)
in an acting capacity, by virtue of so serving, shall act as Secretary pursuant
to this section.
(ii) Notwithstanding the provisions of this section, the President retains
discretion, to the extent permitted by the Vacancies Act, to depart from
this order in designating an acting Secretary.’’
Sec. 2. Executive Order 13362 of November 29, 2004 (‘‘Designation of Addi-
tional Officers for the Department of Homeland Security Order of Succes-
sion’’), is hereby revoked.
THE WHITE HOUSE,
August 13, 2007.
[FR Doc. 07–4023
Filed 8–14–07; 8:52 am]
Billing code 3195–01–P
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| Amending the Order of Succession in the Department of Homeland Security | 2007-08-13T00:00:00 | 82d64038523f61a1dbd90f85744a0457ddcc7f4c49deab39c7931b81d334fc21 |
Presidential Executive Order | 07-3593 (13439) | Presidential Documents
40053
Federal Register
Vol. 72, No. 139
Friday, July 20, 2007
Title 3—
The President
Executive Order 13439 of July 18, 2007
Establishing an Interagency Working Group on Import Safety
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to ensure that the executive
branch takes all appropriate steps to promote the safety of imported products,
it is hereby ordered as follows:
Section 1. Establishment of Interagency Working Group on Import Safety.
The Secretary of Health and Human Services shall establish within the
Department of Health and Human Services for administrative purposes only
an Interagency Working Group on Import Safety (Working Group).
Sec. 2. Membership and Operation of Working Group.
(a) The Working Group shall consist exclusively of the following members,
or their designees who shall be officers of the United States appointed
by the President or members of the Senior Executive Service:
(i) the Secretary of Health and Human Services, who shall serve as Chair;
(ii) the Secretary of State;
(iii) the Secretary of the Treasury;
(iv) the Attorney General;
(v) the Secretary of Agriculture;
(vi) the Secretary of Commerce;
(vii) the Secretary of Transportation;
(viii) the Secretary of Homeland Security;
(ix) the Director of the Office of Management and Budget;
(x) the United States Trade Representative;
(xi) the Administrator of the Environmental Protection Agency;
(xii) the Chairman of the Consumer Product Safety Commission; and
(xiii) other officers or full-time or permanent part-time employees of the
United States, as determined by the Chair, with the concurrence of the
head of the department or agency concerned.
(b) The Chair shall convene and preside at meetings of the Working Group,
determine its agenda, and direct its work. The Chair may establish and
direct subgroups of the Working Group, as appropriate to deal with particular
subject matters, that shall consist exclusively of members of the Working
Group. The Chair shall designate an officer or employee of the Department
of Health and Human Services to serve as the Executive Secretary of the
Working Group. The Executive Secretary shall head any staff assigned to
the Working Group and any subgroups thereof, and such staff shall consist
exclusively of full-time or permanent part-time Federal employees.
Sec. 3. Mission of Working Group. The mission of the Working Group
shall be to identify actions and appropriate steps that can be pursued,
within existing resources, to promote the safety of imported products, includ-
ing the following:
(a) reviewing or assessing current procedures and methods aimed at ensuring
the safety of products exported to the United States, including reviewing
existing cooperation with foreign governments, foreign manufacturers, and
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Federal Register / Vol. 72, No. 139 / Friday, July 20, 2007 / Presidential Documents
others in the exporting country’s private sector regarding their inspection
and certification of exported goods and factories producing exported goods
and considering whether additional initiatives should be undertaken with
respect to exporting countries or companies;
(b) identifying potential means to promote all appropriate steps by U.S.
importers to enhance the safety of imported products, including identifying
best practices by U.S. importers in selection of foreign manufacturers, inspect-
ing manufacturing facilities, inspecting goods produced on their behalf either
before export or before distribution in the United States, identifying origin
of products, and safeguarding the supply chain; and
(c) surveying authorities and practices of Federal, State, and local government
agencies regarding the safety of imports to identify best practices and enhance
coordination among agencies.
Sec. 4. Administration of Working Group. The Chair shall, to the extent
permitted by law, provide administrative support and funding for the Work-
ing Group.
Sec. 5. Recommendations of Working Group. The Working Group shall pro-
vide recommendations to the President, through the Assistant to the President
for Economic Policy, on the matters set forth in section 3 within 60 days
of the date of this order, unless the Chair determines that an extension
is necessary. The Working Group may take other actions it considers appro-
priate to promote the safety of imported products.
Sec. 6. Termination of Working Group. Following consultation with the
Assistant to the President for Economic Policy, the Chair shall terminate
the Working Group upon the completion of its duties.
Sec. 7. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect
(i) authority granted by law to a department, agency, or the head thereof,
or (ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
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(c) This order is not intended to, and does not, create any right, benefit,
or privilege, 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,
July 18, 2007.
[FR Doc. 07–3593
Filed 07–19–07; 10:46 am]
Billing code 3195–01–P
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Presidential Executive Order | 07-3552 (13438) | Presidential Documents
39719
Federal Register
Vol. 72, No. 138
Thursday, July 19, 2007
Title 3—
The President
Executive Order 13438 of July 17, 2007
Blocking Property of Certain Persons Who Threaten
Stabilization Efforts in Iraq
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, as amended (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, GEORGE W. BUSH, President of the United States of America, find that,
due to the unusual and extraordinary threat to the national security and
foreign policy of the United States posed by acts of violence threatening
the peace and stability of Iraq and undermining efforts to promote economic
reconstruction and political reform in Iraq and to provide humanitarian
assistance to the Iraqi people, it is in the interests of the United States
to take additional steps with respect to the national emergency declared
in Executive Order 13303 of May 22, 2003, and expanded in Executive
Order 13315 of August 28, 2003, and relied upon for additional steps taken
in Executive Order 13350 of July 29, 2004, and Executive Order 13364
of November 29, 2004. I hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and
(4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and notwith-
standing any contract entered into or any license or permit granted prior
to the date of this order, all property and interests in property of the
following persons, 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 United States persons, are blocked and may not be transferred,
paid, exported, withdrawn, or otherwise dealt in: any person determined
by the Secretary of the Treasury, in consultation with the Secretary of
State and the Secretary of Defense,
(i) to have committed, or to pose a significant risk of committing, an
act or acts of violence that have the purpose or effect of:
(A) threatening the peace or stability of Iraq or the Government of
Iraq; or
(B) undermining efforts to promote economic reconstruction and polit-
ical reform in Iraq or to provide humanitarian assistance to the Iraqi
people;
(ii) to have materially assisted, sponsored, or provided financial, material,
logistical, or technical support for, or goods or services in support of,
such an act or acts of violence or any person whose property and interests
in property are blocked pursuant to this order; or
(iii) 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.
(b) The prohibitions in subsection (a) of this section include, but are not
limited to, (i) the making of any contribution or provision of funds, goods,
or services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order, and (ii) the receipt
of any contribution or provision of funds, goods, or services from any
such person.
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Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen, perma-
nent resident alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including foreign branches),
or any person in the United States.
Sec. 4. I hereby determine that the making of donations of the type specified
in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit
of, any person whose property and interests in property are blocked pursuant
to this order would seriously impair my ability to deal with the national
emergency declared in Executive Order 13303 and expanded in Executive
Order 13315, and I hereby prohibit such donations as provided by section
1 of this order.
Sec. 5. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that, because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render these measures ineffectual.
I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 13303 and expanded
in Executive Order 13315, there need be no prior notice of a listing or
determination made pursuant to section 1(a) of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the Secretary
of State and the Secretary of Defense, is hereby authorized 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 this order. The Secretary of the Treasury may redelegate
any of these functions to other officers and agencies of the United States
Government, consistent with applicable law. All agencies of the United
States Government are hereby directed to take all appropriate measures
within their authority to carry out the provisions of this order and, where
appropriate, to advise the Secretary of the Treasury in a timely manner
of the measures taken.
Sec. 7. Nothing in this order is intended to affect the continued effectiveness
of any rules, regulations, orders, licenses, or other forms of administrative
action issued, taken, or continued in effect heretofore or hereafter under
31 C.F.R. chapter V, except as expressly terminated, modified, or suspended
by or pursuant to this order.
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Sec. 8. This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
THE WHITE HOUSE,
July 17, 2007.
[FR Doc. 07–3552
Filed 7–18–07; 8:57 am]
Billing code 3195–01–P
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Presidential Executive Order | 07-3259 (13437) | Presidential Documents
36339
Federal Register
Vol. 72, No. 127
Tuesday, July 3, 2007
Title 3—
The President
Executive Order 13437 of June 28, 2007
Waiver Under the Trade Act of 1974 With Respect to
Turkmenistan
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 402(c)(2) and (d)
of the Trade Act of 1974, as amended (the ‘‘Act’’)(19 U.S.C. 2432(c)(2)
and (d)), and having made the report to the Congress set forth in section
402(c)(2), I hereby waive the application of subsections (a) and (b) of section
402 of the Act with respect to Turkmenistan.
THE WHITE HOUSE,
June 28, 2007.
[FR Doc. 07–3259
Filed 7–2–07; 8:45 am]
Billing code 3195–01–P
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| Waiver Under the Trade Act of 1974 With Respect to Turkmenistan | 2007-06-28T00:00:00 | 895ca7a27bfbe8456f8147be81dd722b73e1dbafbbac429f5350fd58422ea47b |
Presidential Executive Order | 07-3112 (13435) | Presidential Documents
34591
Federal Register
Vol. 72, No. 120
Friday, June 22, 2007
Title 3—
The President
Executive Order 13435 of June 20, 2007
Expanding Approved Stem Cell Lines in Ethically
Responsible Ways
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to provide leadership with respect
to research on pluripotent stem cells derived by ethically responsible tech-
niques so that the potential of pluripotent stem cells can be explored without
violating human dignity or demeaning human life, it is hereby ordered
as follows:
Section 1. Research on Alternative Sources of Pluripotent Stem Cells. (a)
The Secretary of Health and Human Services (Secretary) shall conduct and
support research on the isolation, derivation, production, and testing of
stem cells that are capable of producing all or almost all of the cell types
of the developing body and may result in improved understanding of or
treatments for diseases and other adverse health conditions, but are derived
without creating a human embryo for research purposes or destroying, dis-
carding, or subjecting to harm a human embryo or fetus.
(b) Within 90 days of this order, the Secretary, after such consultation
with the Director of the National Institutes of Health (Director), shall issue
a plan, including such mechanisms as requests for proposals, requests for
applications, program announcements and other appropriate means, to imple-
ment subsection (a) of this section, that:
(i) specifies and reflects a determination of the extent to which specific
techniques may require additional basic or animal research to ensure
that any research involving human cells using these techniques is clearly
consistent with the standards established under this order and applicable
law;
(ii) prioritizes research with the greatest potential for clinical benefit;
(iii) takes into account techniques outlined by the President’s Council
on Bioethics, and any other appropriate techniques and research, provided
they clearly meet the standard set forth in subsection (a) of this section;
(iv) renames the ‘‘Human Embryonic Stem Cell Registry’’ the ‘‘Human
Pluripotent Stem Cell Registry;’’ and
(v) adds to the registry new human pluripotent stem cell lines that clearly
meet the standard set forth in subsection (a) of this section.
(c) Not later than December 31 of each year, the Secretary shall report
to the President on the activities carried out under this order during the
past fiscal year, including a description of the research carried out or sup-
ported by the Department of Health and Human Services, including the
National Institutes of Health, and other developments in the science of
pluripotent stem cells not derived from human embryos.
Sec. 2. Policy. The activities undertaken and supported by and under the
direction of the Secretary shall be clearly consistent with the following
policies and principles:
(a) the purposes of this order are (i) to direct the Department of Health
and Human Services, including the National Institutes of Health, to intensify
peer reviewed research that may result in improved understanding of or
treatments for diseases and other adverse health conditions, and (ii) to
promote the derivation of human pluripotent stem cell lines from a variety
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of alternative sources while clearly meeting the standard set forth in section
1(a) of this order;
(b) it is critical to establish moral and ethical boundaries to allow the
Nation to move forward vigorously with medical research, while also main-
taining the highest ethical standards and respecting human life and human
dignity;
(c) the destruction of nascent life for research violates the principle that
no life should be used as a mere means for achieving the medical benefit
of another;
(d) human embryos and fetuses, as living members of the human species,
are not raw materials to be exploited or commodities to be bought and
sold; and
(e) the Federal Government has a duty to exercise responsible stewardship
of taxpayer funds, both supporting important medical research and respecting
ethical and moral boundaries.
Sec. 3. Interpretation of this Order. (a) For purposes of this order, the
term ‘‘human embryo’’ shall mean any organism, not protected as a human
subject under 45 CFR 46 as of the date of this order, that is derived by
fertilization, parthenogenesis, cloning, or any other means from one or more
human gametes or human diploid cells.
(b) For purposes of this order, the term ‘‘subjecting to harm a human embryo’’
shall mean subjecting such an embryo to risk of injury or death greater
than that allowed for research on fetuses in utero under 45 CFR 46.204(b)
and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b))
as of the date of this order.
(c) Nothing in this order shall be construed to affect any policy, guideline,
or regulation regarding embryonic stem cell research, human cloning by
somatic cell nuclear transfer, or any other research not specifically authorized
by this order, or to forbid the use of existing stem cell lines deemed eligible
for other federally funded research in accordance with the presidential policy
decision of August 9, 2001, for research specifically authorized by this
order.
Sec. 4. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
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(b) This order is not intended to, and does not, create any right, benefit,
or privilege, 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,
June 20, 2007.
[FR Doc. 07–3112
Filed 6–21–07; 11:09 am]
Billing code 3195–01–P
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Presidential Executive Order | 07-2570 (13434) | Presidential Documents
28583
Federal Register
Vol. 72, No. 98
Tuesday, May 22, 2007
Title 3—
The President
Executive Order 13434 of May 17, 2007
National Security Professional Development
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to enhance the national
security, it is hereby ordered as follows:
Section 1. Policy. In order to enhance the national security of the United
States, including preventing, protecting against, responding to, and recovering
from natural and manmade disasters, such as acts of terrorism, it is the
policy of the United States to promote the education, training, and experience
of current and future professionals in national security positions (security
professionals) in executive departments and agencies (agencies).
Sec. 2. National Strategy for Professional Development. Not later than 60
days after the date of this order, the Assistant to the President for Homeland
Security and Counterterrorism (APHS/CT), in coordination with the Assistant
to the President for National Security Affairs (APNSA), shall submit to
the President for approval a National Strategy for the Development of Security
Professionals (National Strategy). The National Strategy shall set forth a
framework that will provide to security professionals access to integrated
education, training, and professional experience opportunities for the purpose
of enhancing their mission-related knowledge, skills, and experience and
thereby improve their capability to safeguard the security of the Nation.
Such opportunities shall be provided across organizations, levels of govern-
ment, and incident management disciplines, as appropriate.
Sec. 3. Executive Steering Committee. (a) There is established the Security
Professional Development Executive Steering Committee (Steering Com-
mittee), which shall facilitate the implementation of the National Strategy.
Not later than 120 days after the approval of the National Strategy by
the President, the Steering Committee shall submit to the APHS/CT and
the APNSA an implementation plan (plan) for the National Strategy, and
annually thereafter shall submit to the APHS/CT and the APNSA a status
report on the implementation of the plan and any recommendations for
changes to the National Strategy.
(b) The Steering Committee shall consist exclusively of the following mem-
bers (or their designees who shall be full-time officers or employees of
the members’ respective agencies):
(i) the Director of the Office of Personnel Management, who shall serve
as Chair;
(ii) the Secretary of State;
(iii) the Secretary of the Treasury;
(iv) the Secretary of Defense;
(v) the Attorney General;
(vi) the Secretary of Agriculture;
(vii) the Secretary of Labor;
(viii) the Secretary of Health and Human Services;
(ix) the Secretary of Housing and Urban Development;
(x) the Secretary of Transportation;
(xi) the Secretary of Energy;
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(xii) the Secretary of Education;
(xiii) the Secretary of Homeland Security;
(xiv) the Director of National Intelligence;
(xv) the Director of the Office of Management and Budget; and
(xvi) such other officers of the United States as the Chair of the Steering
Committee may designate from time to time.
(c) The Steering Committee shall coordinate, to the maximum extent prac-
ticable, national security professional development programs and guidance
issued by the heads of agencies in order to ensure an integrated approach
to such programs.
(d) The Chair of the Steering Committee shall convene and preside at the
meetings of the Steering Committee, set its agenda, coordinate its work,
and, as appropriate to deal with particular subject matters, establish sub-
committees of the Steering Committee that shall consist exclusively of mem-
bers of the Steering Committee (or their designees under subsection (b)
of this section), and such other full-time or permanent part-time officers
or employees of the Federal Government as the Chair may designate.
Sec. 4. Responsibilities. The head of each agency with national security
functions shall:
(a) identify and enhance existing national security professional development
programs and infrastructure, and establish new programs as necessary, in
order to fulfill their respective missions to educate, train, and employ security
professionals consistent with the National Strategy and, to the maximum
extent practicable, the plan and related guidance from the Steering Com-
mittee; and
(b) cooperate with the Steering Committee and provide such information,
support, and assistance as the Chair of the Steering Committee may request
from time to time.
Sec. 5. Additional Responsibilities. (a) Except for employees excluded by
law, and subject to subsections (b), (c), and (d) of this section, the Director
of the Office of Personnel Management, after consultation with the Steering
Committee, shall:
(i) consistent with applicable merit-based hiring and advancement prin-
ciples, lead the establishment of a national security professional develop-
ment program in accordance with the National Strategy and the plan
that provides for interagency and intergovernmental assignments and fel-
lowship opportunities and provides for professional development guide-
lines for career advancement; and
(ii) issue to agencies rules and guidance or apply existing rules and
guidance relating to the establishment of national security professional
development programs to implement the National Strategy and the plan;
(b) The Secretary of Defense shall issue rules or guidance on professional
development programs for Department of Defense military personnel, includ-
ing interagency and intergovernmental assignments and fellowship opportu-
nities, to implement the National Strategy and the plan, as appropriate,
and shall coordinate such programs, to the maximum extent practicable,
with the Steering Committee;
(c) The Secretary of State shall issue rules or guidance on national security
professional development programs for the Foreign Service, including inter-
agency and intergovernmental exchanges and fellowship opportunities, to
implement the National Strategy and the plan, as appropriate, and shall
coordinate such programs, to the maximum extent practicable, with the
Steering Committee;
(d) The Director of National Intelligence, in coordination with the heads
of agencies of which elements of the intelligence community are a part,
shall issue rules or guidance on national security professional development
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programs for the intelligence community, including interagency and intergov-
ernmental assignments and fellowship opportunities, to implement the Na-
tional Strategy and the plan, as appropriate, and shall coordinate such
programs, to the maximum extent practicable, with the Steering Committee;
and
(e) The Secretary of Homeland Security shall develop a program to provide
to Federal, State, local, and tribal government officials education in disaster
preparedness, response, and recovery plans and authorities, and training
in crisis decision-making skills, consistent with applicable presidential guid-
ance.
Sec. 6. General Provisions. This order:
(a) shall be implemented consistent with applicable law and authorities
of agencies, or heads of agencies, vested by law, and subject to the availability
of appropriations;
(b) shall not be construed to impair or otherwise affect the authorities
of any agency, instrumentality, officer, or employee of the United States
under applicable law, including the functions of the Director of the Office
of Management and Budget relating to budget, administrative, or legislative
proposals, or the functions assigned by the President to the Director of
the Office of Personnel Management; and
(c) is not intended to, and does not, create any right, benefit, or privilege,
substantive or procedural, enforceable at law or in equity, by any party
against the United States, its departments, agencies, instrumentalities, or
entities, its officers or employees, or any other person.
THE WHITE HOUSE,
May 17, 2007.
[FR Doc. 07–2570
Filed 5–21–07; 8:45 am]
Billing code 3195–01–P
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| National Security Professional Development | 2007-05-17T00:00:00 | 3d006f59413b123a1c7cb41683fc5d31a30d05a6cfb6313791b0aa19845b5b3f |
Presidential Executive Order | 07-2462 (13432) | Presidential Documents
27717
Federal Register
Vol. 72, No. 94
Wednesday, May 16, 2007
Title 3—
The President
Executive Order 13432 of May 14, 2007
Cooperation Among Agencies in Protecting the Environment
With Respect to Greenhouse Gas Emissions From Motor Ve-
hicles, Nonroad Vehicles, and Nonroad Engines
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to ensure the coordi-
nated and effective exercise of the authorities of the President and the
heads of the Department of Transportation, the Department of Energy, and
the Environmental Protection Agency to protect the environment with respect
to greenhouse gas emissions from motor vehicles, nonroad vehicles, and
nonroad engines, in a manner consistent with sound science, analysis of
benefits and costs, public safety, and economic growth.
Sec. 2. Definitions. As used in this order:
(a) ‘‘agencies’’ refers to the Department of Transportation, the Department
of Energy, and the Environmental Protection Agency, and all units thereof,
and ‘‘agency’’ refers to any of them;
(b) ‘‘alternative fuels’’ has the meaning specified for that term in section
301(2) of the Energy Policy Act of 1992 (42 U.S.C. 13211(2));
(c) ‘‘authorities’’ include the Clean Air Act (42 U.S.C. 7401–7671q), the
Energy Policy Act of 1992 (Public Law 102–486), the Energy Policy Act
of 2005 (Public Law 109–58), the Energy Policy and Conservation Act (Public
Law 94–163), and any other current or future laws or regulations that may
authorize or require any of the agencies to take regulatory action that directly
or indirectly affects emissions of greenhouse gases from motor vehicles;
(d) ‘‘greenhouse gases’’ has the meaning specified for that term in Executive
Order 13423 of January 24, 2007;
(e) ‘‘motor vehicle’’ has the meaning specified for that term in section
216(2) of the Clean Air Act (42 U.S.C. 7550(2));
(f) ‘‘nonroad engine’’ has the meaning specified for that term in section
216(10) of the Clean Air Act (42 U.S.C. 7550(10));
(g) ‘‘nonroad vehicle’’ has the meaning specified for that term in section
216(11) of the Clean Air Act (42 U.S.C. 7550(11));
(h) ‘‘regulation’’ has the meaning specified for that term in section 3(d)
of Executive Order 12866 of September 30, 1993, as amended (Executive
Order 12866); and
(i) ‘‘regulatory action’’ has the meaning specified for that term in section
3(e) of Executive Order 12866.
Sec. 3. Coordination Among the Agencies. In carrying out the policy set
forth in section 1 of this order, the head of an agency undertaking a regulatory
action that can reasonably be expected to directly regulate emissions, or
to substantially and predictably affect emissions, of greenhouse gases from
motor vehicles, nonroad vehicles, nonroad engines, or the use of motor
vehicle fuels, including alternative fuels, shall:
(a) undertake such a regulatory action, to the maximum extent permitted
by law and determined by the head of the agency to be practicable, jointly
with the other agencies;
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(b) in undertaking such a regulatory action, consider, in accordance with
applicable law, information and recommendations provided by the other
agencies;
(c) in undertaking such a regulatory action, exercise authority vested by
law in the head of such agency effectively, in a manner consistent with
the effective exercise by the heads of the other agencies of the authority
vested in them by law; and
(d) obtain, to the extent permitted by law, concurrence or other views
from the heads of the other agencies during the development and preparation
of the regulatory action and prior to any key decision points during that
development and preparation process, and in no event later than 30 days
prior to publication of such action.
Sec. 4. Duties of the Heads of Agencies. (a) To implement this order, the
head of each agency shall:
(1) designate appropriate personnel within the agency to (i) direct the agen-
cy’s implementation of this order, (ii) ensure that the agency keeps the
other agencies and the Office of Management and Budget informed of the
agency regulatory actions to which section 3 refers, and (iii) coordinate
such actions with the agencies;
(2) in coordination as appropriate with the Committee on Climate Change
Science and Technology, continue to conduct and share research designed
to advance technologies to further the policy set forth in section 1 of this
order;
(3) facilitate the sharing of personnel and the sharing of information among
the agencies to further the policy set forth in section 1 of this order;
(4) coordinate with the other agencies to avoid duplication of requests to
the public for information from the public in the course of undertaking
such regulatory action, consistent with the Paperwork Reduction Act (44
U.S.C. 3501et seq.); and
(5) consult with the Secretary of Agriculture whenever a regulatory action
will have a significant effect on agriculture related to the production or
use of ethanol, biodiesel, or other renewable fuels, including actions under-
taken in whole or in part based on authority or requirements in title XV
of the Energy Policy Act of 2005, or the amendments made by such title,
or when otherwise appropriate or required by law.
(b) To implement this order, the heads of the agencies acting jointly may
allocate as appropriate among the agencies administrative responsibilities
relating to regulatory actions to which section 3 refers, such as publication
of notices in the Federal Register and receipt of comments in response
to notices.
Sec. 5. Duties of the Director of the Office of Management and Budget
and the Chairman of the Council on Environmental Quality. (a) The Director
of the Office of Management and Budget, with such assistance from the
Chairman of the Council on Environmental Quality as the Director may
require, shall monitor the implementation of this order by the heads of
the agencies and shall report thereon to the President from time to time,
and not less often than semiannually, with any recommendations of the
Director for strengthening the implementation of this order.
(b) To implement this order and further the policy set forth in section
1, the Director of the Office of Management and Budget may require the
heads of the agencies to submit reports to, and coordinate with, such Office
on matters related to this order.
Sec. 6. General Provisions. (a) This order shall be implemented in accordance
with applicable law and subject to the availability of appropriations.
(b) This order shall not be construed to impair or otherwise affect the
functions of the Director of the Office of Management and Budget relating
to budget, administrative, and legislative proposals.
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(c) This order is not intended to, and does not, create any right, benefit
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
THE WHITE HOUSE,
May 14, 2007.
[FR Doc. 07–2462
Filed 5–15–07; 12:04 pm]
Billing code 3195–01–P
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Presidential Executive Order | 07-2367 (13431) | Presidential Documents
26709
Federal Register
Vol. 72, No. 91
Friday, May 11, 2007
Title 3—
The President
Executive Order 13431 of May 8, 2007
Establishment
of
Temporary
Organization
To
Facilitate
United States Government Assistance for Transition in Iraq
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 202 of the Revised
Statutes (22 U.S.C. 2656) and section 3161 of title 5, United States Code,
it is hereby ordered as follows:
Section 1. Establishment. There is established within the Department of
State, in accordance with section 3161 of title 5, United States Code, a
temporary organization to be known as the Iraq Transition Assistance Office
(ITAO).
Sec. 2. Purpose of the Temporary Organization. The purpose of the ITAO
shall be to perform the specific project of supporting executive departments
and agencies in concluding remaining large infrastructure projects expedi-
tiously in Iraq, in facilitating Iraq’s transition to self-sufficiency, and in
maintaining an effective diplomatic presence in Iraq.
Sec. 3. Functions of the Temporary Organization. In carrying out its purpose
set forth in section 2, the ITAO shall:
(a) support executive departments and agencies in Iraq in their implementa-
tion of United States Government foreign assistance in Iraq;
(b) continue coordination, oversight, and reporting concerning remaining
Iraq Relief and Reconstruction Fund (IRRF) monies;
(c) assume the functions assigned to the Iraq Reconstruction Management
Office (IRMO) remaining as of the date of this order; and
(d) perform such other functions related to the specific project set forth
in section 2 as the Secretary of State (Secretary) may assign.
Sec. 4. Personnel and Administration. (a) The ITAO shall be headed by
a Director selected by the Secretary.
(b) The Secretary shall transfer from the IRMO to the ITAO the personnel,
assets, liabilities, and records of the IRMO.
Sec. 5. General Provisions. (a) This order shall be implemented in accordance
with applicable law, subject to the availability of appropriations, and con-
sistent with presidential guidance.
(b) This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
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(c) The ITAO shall terminate at the end of the maximum period permitted
by section 3161(a)(1) of title 5, United States Code, unless sooner terminated
by the Secretary.
THE WHITE HOUSE,
May 8, 2007.
[FR Doc. 07–2367
Filed 5–10–07; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 07-2518 (13433) | Presidential Documents
28441
Federal Register
Vol. 72, No. 96
Friday, May 18, 2007
Title 3—
The President
Executive Order 13433 of May 16, 2007
Protecting American Taxpayers From Payment of
Contingency Fees
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Policy. To help ensure the integrity and effective supervision
of the legal and expert witness services provided to or on behalf of the
United States, it is the policy of the United States that organizations or
individuals that provide such services to or on behalf of the United States
shall be compensated in amounts that are reasonable, not contingent upon
the outcome of litigation or other proceedings, and established according
to criteria set in advance of performance of the services, except when other-
wise required by law.
Sec. 2. Duties of Agency Heads. (a) Heads of agencies shall implement
within their respective agencies the policy set forth in section 1, consistent
with such instructions as the Attorney General may prescribe.
(b) After the date of this order, no agency shall enter into a contingency
fee agreement for legal or expert witness services addressed by section
1 of this order, unless the Attorney General has determined that the agency’s
entry into the agreement is required by law.
(c) Within 90 days after the date of this order, the head of each agency
shall notify the Attorney General and the Director of the Office of Manage-
ment and Budget of any contingency fee agreements for services addressed
by section 1 of this order that are in effect as of the date of this order.
Sec. 3. Definitions. For purposes of this order:
(a) The term ‘‘agency’’ means an executive agency as defined in section
105 of title 5, United States Code, and the United States Postal Service
and the Postal Regulatory Commission, but shall exclude the Government
Accountability Office and elements of the intelligence community (as defined
in section 3(4) of the National Security Act of 1947 as amended (50 U.S.C.
401a(4)).
(b) The term ‘‘contingency fee agreement’’ means a contract or other agree-
ment to provide services under which the amount or the payment of the
fee for the services is contingent in whole or in part on the outcome
of the matter for which the services were obtained. The term does not
include:
(i) qualified tax collection contracts defined in section 6306 of title 26,
United States Code, and
(ii) contracts described in sections 3711 and 3718 of title 31, United
States Code.
Sec. 4. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
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(c) This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
THE WHITE HOUSE,
May 16, 2007.
[FR Doc. 07–2518
Filed 5–17–07; 8:45 am]
Billing code 3195–01–P
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| Protecting American Taxpayers From Payment of Contingency Fees | 2007-05-16T00:00:00 | bbee5978da6b6629e2bcce9f9c8bc691d959403bff0dc25a7e0edc108fdf75f7 |
Presidential Executive Order | 07-2027 (13430) | Presidential Documents
20213
Federal Register
Vol. 72, No. 77
Monday, April 23, 2007
Title 3—
The President
Executive Order 13430 of April 18, 2007
2007 Amendments to the Manual for Courts-Martial, United
States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946),
and in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order 12473 of April 13, 1984, as
amended, it is hereby ordered as follows:
Section 1. Part II of the Manual for Courts-Martial, United States, is amended
as follows:
(a) R.C.M. 703(b)(1) is amended by adding at the end the following new
sentences:
‘‘With the consent of both the accused and Government, the military
judge may authorize any witness to testify via remote means. Over a
party’s objection, the military judge may authorize any witness to testify
on interlocutory questions via remote means or similar technology if the
practical difficulties of producing the witness outweigh the significance
of the witness’ personal appearance (although such testimony will not
be admissible over the accused’s objection as evidence on the ultimate
issue of guilt). Factors to be considered include, but are not limited
to, the costs of producing the witness; the timing of the request for
production of the witness; the potential delay in the interlocutory pro-
ceeding that may be caused by the production of the witness; the willing-
ness of the witness to testify in person; the likelihood of significant
interference with military operational deployment, mission accomplish-
ment, or essential training; and, for child witnesses, the traumatic effect
of providing in-court testimony.’’
(b) R.C.M. 804 is amended by redesignating paragraphs (b), (c), and (d)
as paragraphs (c), (d), and (e), respectively, and inserting the following
new paragraph (b):
‘‘(b) Presence by remote means. If authorized by the regulations of the
Secretary concerned, the military judge may order the use of audiovisual
technology, such as videoteleconferencing technology, between the parties
and the military judge for purposes of Article 39(a) sessions. Use of
such audiovisual technology will satisfy the ‘‘presence’’ requirement of
the accused only when the accused has a defense counsel physically
present at his location. Such technology may include two or more remote
sites as long as all parties can see and hear each other.’’
(c) R.C.M. 804(c)(2) is redesignated as R.C.M. 804(d)(2) and amended
to read as follows:
‘‘(2) Procedure. The accused’s absence will be conditional upon his being
able to view the witness’ testimony from a remote location. Normally,
transmission of the testimony will include a system that will transmit
the accused’s image and voice into the courtroom from a remote location
as well as transmission of the child’s testimony from the courtroom to
the accused’s location. A one-way transmission may be used if deemed
necessary by the military judge. The accused will also be provided private,
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contemporaneous communication with his counsel. The procedures de-
scribed herein shall be employed unless the accused has made a knowing
and affirmative waiver of these procedures.’’
(d) R.C.M. 805(a) is amended by adding at the end the following new
sentence:
‘‘If authorized by regulations of the Secretary concerned, for purposes
of Article 39(a) sessions solely, the presence of the military judge at
Article 39(a) sessions may be satisfied by the use of audiovisual technology,
such as videoteleconferencing technology.’’
(e) R.C.M. 805(c) is amended by adding at the end the following new
sentences:
‘‘If authorized by regulations of the Secretary concerned, for purposes
of Article 39(a) sessions solely, the presence of counsel at Article 39(a)
sessions may be satisfied by the use of audiovisual technology, such
as videoteleconferencing technology. At least one qualified defense counsel
shall be physically present with the accused.’’
(f) R.C.M. 914A is amended by deleting the third sentence of paragraph
(a).
(g) R.C.M. 914A is further amended by redesignating paragraph (b) as
paragraph (c) and inserting the following new paragraph (b):
‘‘(b) Definition. As used in this rule, ‘‘remote live testimony’’ includes,
but is not limited to, testimony by videoteleconference, closed circuit
television, or similar technology.’’
(h) New Rule R.C.M. 914B is inserted after R.C.M. 914A:
‘‘Rule 914B. Use of remote testimony.
(a) General procedures. The military judge shall determine the procedures
used to take testimony via remote means. At a minimum, all parties
shall be able to hear each other, those in attendance at the remote site
shall be identified, and the accused shall be permitted private, contempora-
neous communication with his counsel.
(b) Definition. As used in this rule, testimony via ‘‘remote means’’ includes,
but is not limited to, testimony by videoteleconference, closed circuit
television, telephone, or similar technology.’’
(i) R.C.M. 1001(e)(2)(D) is amended by deleting the ‘‘or’’ before ‘‘former
testimony’’ and inserting ‘‘, or testimony by remote means’’ after ‘‘former
testimony.’’
Sec. 2. Part IV of the Manual for Courts-Martial, United States, is amended
as follows:
(a) Paragraph 4.c.(6) is amended by redesignating paragraph (f) as paragraph
(g) and inserting the following new paragraph (f):
‘‘(f) Article 119a-attempting to kill an unborn child’’
(b) Paragraph 12a is amended by replacing the word ‘‘Transportation’’
with the words ‘‘Homeland Security’’.
(c) Paragraph 35a is amended to read as follows:
‘‘(a) Any person subject to this chapter who —
(1) operates or physically controls any vehicle, aircraft, or vessel in a
reckless or wanton manner or while impaired by a substance described
in section 912a(b) of this title (Article 112a(b)); or
(2) operates or is in actual physical control of any vehicle, aircraft, or
vessel while drunk or when the alcohol concentration in the person’s
blood or breath is equal to or exceeds the applicable limit under subsection
(b), shall be punished as a court-martial may direct.
(b)(1) For purposes of subsection (a), the applicable limit on the alcohol
concentration in a person’s blood or breath is as follows:
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(A) In the case of the operation or control of a vehicle, aircraft, or vessel
in the United States, such limit is the lesser of —
(i) the blood alcohol content limit under the law of the State in which
the conduct occurred, except as may be provided under paragraph (2)
for conduct on a military installation that is in more than one State;
or
(ii) the blood alcohol content limit specified in paragraph (3).
(B) In the case of the operation or control of a vehicle, aircraft, or vessel
outside the United States, the applicable blood alcohol content limit is
the blood alcohol content limit specified in paragraph (3) or such lower
limit as the Secretary of Defense may by regulation prescribe.
(2) In the case of a military installation that is in more than one State,
if those States have different blood alcohol content limits under their
respective State laws, the Secretary may select one such blood alcohol
content limit to apply uniformly on that installation.
(3) For purposes of paragraph (1), the blood alcohol content limit with
respect to alcohol concentration in a person’s blood is 0.10 grams of
alcohol per 100 milliliters of blood and with respect to alcohol concentra-
tion in a person’s breath is 0.10 grams of alcohol per 210 liters of breath,
as shown by chemical analysis.
(4) In this subsection:
(A) The term ‘‘blood alcohol content limit’’ means the amount of alcohol
concentration in a person’s blood or breath at which operation or control
of a vehicle, aircraft, or vessel is prohibited.
(B) The term ‘‘United States’’ includes the District of Columbia, the Com-
monwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa
and the term ‘‘State’’ includes each of those jurisdictions.
(d) Paragraph 35b(2)(c) is amended to read as follows:
‘‘(c) the alcohol concentration in the accused’s blood or breath equaled
to or exceeded the applicable limit under subparagraph (b) of paragraph
35a. [NOTE: If injury resulted add the following element]’’
(e) Para 35f is amended to read as follows:
‘‘In that lllllllll (personal jurisdiction data), did (at/onboard
location)(subject matter jurisdiction data, if required), on or about
lllllll 20ll, (in the motor pool area)(near the Officer’s Club)(at
the intersection of lllll and llllll)(while in the Gulf of Mex-
ico)(while in flight over North America) physically control [a vehicle,
to wit: (a truck)(a passenger car)(llllll)] [an aircraft, to wit: (an
AH
64
helicopter)(an
F
14
A
fighter)(a
KC
135
tank-
er)(lllllllll)][a vessel, to wit: (the aircraft carrier USS)(the Coast
Cutter)(lllll)], [while drunk][while impaired by lllll][while
the alcohol concentration in his (blood or breath equaled or exceeded
the applicable limit under subparagraph (b) of paragraph 35a) as shown
by chemical analysis][in a (reckless)(wanton) manner by (attempting to
pass another vehicle on a sharp curve)(by ordering that the aircraft be
flown below the authorized altitude)][and did thereby cause said (vehi-
cle)(aircraft)(vessel) to (strike and )(injure lllllllll)].’’
(f) By inserting the new paragraph 44a:
‘‘44a. Article 119a—Death or injury of an unborn child
a. Text.
(a)(1) Any person subject to this chapter who engages in conduct that
violates any of the provisions of law listed in subsection (b) and thereby
causes the death of, or bodily injury (as defined in section 1365 of title
18 to, a child who is in utero at the time the conduct takes place,
is guilty of a separate offense under this section and shall, upon conviction,
be punished by such punishment, other than death, as a court-martial
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may direct, which shall be consistent with the punishments prescribed
by the President for that conduct had that injury or death occurred to
the unborn child’s mother.
(2) An offense under this section does not require proof that —
(i) the person engaging in the conduct had knowledge or should have
had knowledge that the victim of the underlying offense was pregnant;
or
(ii) the accused intended to cause the death of, or bodily injury to, the
unborn child.
(3) If the person engaging in the conduct thereby intentionally kills or
attempts to kill the unborn child, that person shall, instead of being
punished under paragraph (1), be punished as provided under sections
880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for inten-
tionally killing or attempting to kill a human being.
(4) Notwithstanding any other provision of law, the death penalty shall
not be imposed for an offense under this section.
(b) The provisions referred to in subsection (a) are sections 918, 919(a),
919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a),
119(b)(2), 120(a), 122, 124, 126, and 128).
(c) Nothing in this section shall be construed to permit the prosecution
(1) of any person authorized by state or federal law to perform abortions
for conduct relating to an abortion for which the consent of the pregnant
woman, or a person authorized by law to act on her behalf, has been
obtained or for which such consent is implied by law;
(2) of any person for any medical treatment of the pregnant woman or
her unborn child; or
(3) of any woman with respect to her unborn child.
(d) As used in this section, the term ‘‘unborn child’’ means a child
in utero, and the term ‘‘child in utero’’ or ‘‘child who is in utero’’ means
a member of the species homo sapiens, at any stage of development,
who is carried in the womb.
b. Elements.
(1) Injuring an unborn child.
(a) That the accused was engaged in the [(murder (article 118)), (voluntary
manslaughter
(article
119(a))),
(involuntary
manslaughter
(article
119(b)(2))), (rape (article 120)), (robbery (article 122)), (maiming (article
124)), (assault (article 128)), of] or [burning or setting afire, as arson
(article 126), of (a dwelling inhabited by) (a structure or property (known
to be occupied by) (belonging to))] a woman;
(b) That the woman was then pregnant; and
(c) That the accused thereby caused bodily injury to the unborn child
of that woman.
(2) Killing an unborn child.
(a) That the accused was engaged in the [(murder (article 118)), (voluntary
manslaughter
(article
119(a))),
(involuntary
manslaughter
(article
119(b)(2))), (rape (article 120)), (robbery (article 122)), (maiming (article
124)), (assault (article 128)), of] or [burning or setting afire, as arson
(article 126), of (a dwelling inhabited by) (a structure or property known
to (be occupied by) (belong to))] a woman;
(b) That the woman was then pregnant; and
(c) That the accused thereby caused the death of the unborn child of
that woman.
(3) Attempting to kill an unborn child.
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(a) That the accused was engaged in the [(murder (article 118)), (voluntary
manslaughter
(article
119(a))),
(involuntary
manslaughter
(article
119(b)(2))), (rape (article 120)), (robbery (article 122)), (maiming (article
124)), (assault (article 128)), of] or [burning or setting afire, as arson
(article 126), of (a dwelling inhabited by) (a structure or property (known
to be occupied by) (belonging to))] a woman;
(b) That the woman was then pregnant; and
(c) That the accused thereby intended and attempted to kill the unborn
child of that woman.
(4) Intentionally killing an unborn child.
(a) That the accused was engaged in the [(murder (article 118)), (voluntary
manslaughter
(article
119(a))),
(involuntary
manslaughter
(article
119(b)(2))), (rape (article 120)), (robbery (article 122)), (maiming (article
124)), (assault (article 128)), of] or [burning or setting afire, as arson
(article 126), of (a dwelling inhabited by) (a structure or property (known
to be occupied by) (belonging to))] a woman;
(b) That the woman was then pregnant; and
(c) That the accused thereby intentionally killed the unborn child of
that woman.
c. Explanation.
(1) Nature of offense. This article makes it a separate, punishable crime
to cause the death of or bodily injury to an unborn child while engaged
in arson (article 126, UCMJ); murder (article 118, UCMJ); voluntary man-
slaughter (article 119(a), UCMJ); involuntary manslaughter (article
119(b)(2), UCMJ); rape (article 120(a), UCMJ); robbery (article 122, UCMJ);
maiming (article 124, UCMJ); or assault (article 128, UCMJ) against a
pregnant woman. For all underlying offenses, except arson, this article
requires that the victim of the underlying offense be the pregnant mother.
For purposes of arson, the pregnant mother must have some nexus to
the arson such that she sustained some ‘‘bodily injury’’ due to the arson.
For the purposes of this article the term ‘‘woman’’ means a female of
any age. This article does not permit the prosecution of any —
(a) person for conduct relating to an abortion for which the consent
of the pregnant woman, or a person authorized by law to act on her
behalf, has been obtained or for which such consent is implied by law;
(b) person for any medical treatment of the pregnant woman or her unborn
child; or
(c) woman with respect to her unborn child.
(2) The offenses of ‘‘injuring an unborn child’’ and ‘‘killing an unborn
child’’ do not require proof that —
(a) the person engaging in the conduct (the accused) had knowledge or
should have had knowledge that the victim of the underlying offense
was pregnant; or
(b) the accused intended to cause the death of, or bodily injury to, the
unborn child.
(3) The offense of ‘‘attempting to kill an unborn child’’ requires that
the accused intended by his conduct to cause the death of the unborn
child (See paragraph b(3)(c) above).
(4) Bodily injury. For the purpose of this offense, the term ‘‘bodily injury’’
is that which is provided by section 1365 of title 18, to wit: a cut,
abrasion, bruise, burn, or disfigurement; physical pain; illness; impairment
of the function of a bodily member, organ, or mental faculty; or any
other injury to the body, no matter how temporary.
(5) Unborn child. ‘‘Unborn child’’ means a child in utero or a member
of the species homo sapiens who is carried in the womb, at any stage
of development, from conception to birth.
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d. Lesser included offenses.
(1) Killing an unborn child. Article 119a—injuring an unborn child
(2) Intentionally killing an unborn child.
(a) Article 119a—killing an unborn child
(b) Article 119a—injuring an unborn child
(c) Article 119a—attempts (attempting to kill an unborn child)
e. Maximum punishment.
The maximum punishment for (1) Injuring an unborn child; (2) Killing
an unborn child; (3) Attempting to kill an unborn child; or (4) Intentionally
killing an unborn child is such punishment, other than death, as a court-
martial may direct, but shall be consistent with the punishment had the
bodily injury, death, attempt to kill, or intentional killing occurred to the
unborn child’s mother.
f. Sample specifications.
(1) Injuring an unborn child.
In that llllllllllllllllllllllllll(personal
jurisdiction data), did (at/on board—location), (subject-matter jurisdiction
data, if required), on or about lllllllll 20lll, cause bodily
injury to the unborn child of , a pregnant woman, by engaging in the
[(murder) (voluntary manslaughter) (involuntary manslaughter) (rape) (rob-
bery) (maiming) (assault) of] [(burning) (setting afire) of (a dwelling inhab-
ited by) (a structure or property known to (be occupied by) (belong to))]
that woman.
(2) Killing an unborn child.
In that llllllllllllllllllllllllll(personal
jurisdiction data), did (at/on board—location), (subject-matter jurisdiction
data, if required), on or about lllllllll 20lll, cause the
death of the unborn child of , a pregnant woman, by engaging in the
[(murder) (voluntary manslaughter) (involuntary manslaughter) (rape) (rob-
bery) (maiming) (assault) of] [(burning) (setting afire) of (a dwelling inhab-
ited by) (a structure or property known to (be occupied by) (belong to))]
that woman.
(3) Attempting to kill an unborn child.
In that llllllllllllllllllllllllll(personal
jurisdiction data), did (at/on board—location), (subject-matter jurisdiction
data, if required), on or about lllllllll 20lll, attempt to
kill the unborn child of , a pregnant woman, by engaging in the [(murder)
(voluntary manslaughter) (involuntary manslaughter) (rape) (robbery)
(maiming) (assault) of] [(burning) (setting afire) of (a dwelling inhabited
by) (a structure or property known to (be occupied by) (belong to))] that
woman.
(4) Intentionally killing an unborn child.
In that llllllllllllllllllllllllll(personal
jurisdiction data), did (at/on board—location), (subject-matter jurisdiction
data, if required), on or about lllllllll 20lll, intentionally
kill the unborn child of , a pregnant woman, by engaging in the [(murder)
(voluntary manslaughter) (involuntary manslaughter) (rape) (robbery)
(maiming) (assault) of] [(burning) (setting afire) of (a dwelling inhabited
by) (a structure or property known to (be occupied by) (belong to))] that
woman.’’
(g) By inserting the new paragraph 45a to read:
‘‘45a. Article 120a Stalking
a. Text
(a) Any person subject to this section:
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(1) who wrongfully engages in a course of conduct directed at a specific
person that would cause a reasonable person to fear death or bodily
harm, including sexual assault, to himself or herself or a member of
his or her immediate family;
(2) who has knowledge, or should have knowledge, that the specific person
will be placed in reasonable fear of death or bodily harm, including
sexual assault, to himself or herself or a member of his or her immediate
family; and
(3) whose acts induce reasonable fear in the specific person of death
or bodily harm, including sexual assault, to himself or herself or to a
member of his or her immediate family; is guilty of stalking and shall
be punished as a court-martial may direct.
(b) In this section:
(1) The term ‘‘course of conduct’’ means:
(A) a repeated maintenance of visual or physical proximity to a specific
person; or
(B) a repeated conveyance of verbal threat, written threats, or threats
implied by conduct, or a combination of such threats, directed at or
towards a specific person.
(2) The term ‘‘repeated,’’ with respect to conduct, means two or more
occasions of such conduct.
(3) The term ‘‘immediate family,’’ in the case of a specific person, means
a spouse, parent, child, or sibling of the person, or any other family
member, relative, or intimate partner of the person who regularly resides
in the household of the person or who within the six months preceding
the commencement of the course of conduct regularly resided in the
household of the person.
b. Elements.
(1) That the accused wrongfully engaged in a course of conduct directed
at a specific person that would cause a reasonable person to fear death
or bodily harm to himself or herself or a member of his or her immediate
family;
(2) That the accused had knowledge, or should have had knowledge,
that the specific person would be placed in reasonable fear of death
or bodily harm to himself or herself or a member of his or her immediate
family; and
(3) That the accused’s acts induced reasonable fear in the specific person
of death or bodily harm to himself or herself or to a member of his
or her immediate family.
c. Explanation. See Paragraph 54.c(1)(a) for an explanation of ‘‘bodily harm’’.
d. Lesser included offenses. Article 80—attempts.
e. Maximum punishment. Dishonorable discharge, forfeiture of all pay and
allowances, and confinement for 3 years.
f. Sample Specification.
In that lllllllllllllllllllll(personal jurisdiction
data), who (knew)(should have known) that llllll would be placed
in reasonable fear of (death)(bodily harm) to (himself) (herself) (llllll,
a member of his or her immediate family) did (at/on board—location), (sub-
ject-matter jurisdiction data, if required), (on or about lllllllll
20lll)(from about llllllto about llllll 20ll), wrongfully
engage in a course of conduct directed at llllll, to wit:
lllllllllllll
llllllll
thereby
inducing
in
llllllll, a reasonable fear of (death)(bodily harm) to (him-
self)(herself) (llll, a member of his or her immediate family).’’
Sec. 3. Part V of the Manual for Courts-Martial, United States, is amended
as follows:
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(a) Paragraph 5.c.(8) is amended by replacing the word ‘‘foreign’’ with
the word ‘‘hardship.’’
(b) Paragraph 7(e) is amended by replacing the word ‘‘Transportation’’
with the words ‘‘Homeland Security’’.
Sec. 4. Part IV of the Manual for Courts-Martial, United States, is amended
by replacing the word ‘‘Transportation’’ with the words ‘‘Homeland Secu-
rity.’’
Sec. 5. These amendments shall take effect 30 days from the date of this
order.
(a) Nothing in these amendments shall be construed to make punishable
any act done or omitted prior to the effective date of this order that
was not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any
nonjudicial punishment proceedings, restraint, investigation, referral of
charges, trial in which arraignment occurred, or other action begun prior
to the effective date of this order, and any such nonjudicial punishment,
restraint, investigation, referral of charges, trial, or other action may proceed
in the same manner and with the same effect as if these amendments
had not been prescribed.
THE WHITE HOUSE,
April 18, 2007.
[FR Doc. 07–2027
Filed 4–20–07; 8:45 am]
Billing code 3195–01–P
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| 2007 Amendments to the Manual for Courts-Martial, United States | 2007-04-18T00:00:00 | be674baec766f13ad66bc6dfe2ff59b3e14f16258156d0f87064385b7f27e686 |
Presidential Executive Order | 08-1472 (13468) | Presidential Documents
43827
Federal Register
Vol. 73, No. 145
Monday, July 28, 2008
Title 3—
The President
Executive Order 13468 of July 24, 2008
2008 Amendments to the Manual for Courts-Martial, United
States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946),
and in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order 12473 of April 13, 1984, as
amended, it is hereby ordered as follows:
Section 1. Parts II and IV of the Manual for Courts- Martial, United States,
are amended as described in the Annex attached and made a part of this
order.
Sec. 2. These amendments shall take effect 30 days from the date of this
order.
(a) Nothing in these amendments shall be construed to make punishable
any act done or omitted prior to the effective date of this order that was
not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any non-
judicial punishment proceedings, restraint, investigation, referral of charges,
trial in which arraignment occurred, or other action begun prior to the
effective date of this order, and any such nonjudicial punishment, restraint,
investigation, referral of charges, trial, or other action may proceed in the
same manner and with the same effect as if these amendments had not
been prescribed.
THE WHITE HOUSE,
July 24, 2008.
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[FR Doc. 08–1472
Filed 07–25–08; 9:02 am]
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| 2008 Amendments to the Manual for Courts-Martial, United States | 2008-07-24T00:00:00 | d879350680eef8b3b33974f12e76cf1c8479bf85b9cdfd9f7c530c663da20067 |
Presidential Executive Order | 07-3258 (13436) | Presidential Documents
36337
Federal Register
Vol. 72, No. 127
Tuesday, July 3, 2007
Title 3—
The President
Executive Order 13436 of June 28, 2007
Further Amending Executive Order 13381, as Amended, To
Extend Its Duration by One Year
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to extend by 1 year
the duration of Executive Order 13381 of June 27, 2005 (Strengthening
Processes Relating to Determining Eligibility for Access to Classified National
Security Information), as amended, it is hereby ordered that:
Section 1. Section 6(a) of Executive Order 13381, as amended, is further
amended by striking ‘‘April 1, 2007’’ and inserting in lieu thereof ‘‘April
1, 2008’’.
Sec. 2. Section 6(b) of Executive Order 13381, as amended, is further amended
by striking ‘‘July 1, 2007’’ and inserting in lieu thereof ‘‘July 1, 2008’’.
THE WHITE HOUSE,
June 28, 2007.
[FR Doc. 07–3258
Filed 7–2–07; 8:45 am]
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| Further Amending Executive Order 13381, as Amended, To Extend Its Duration by One Year | 2007-06-28T00:00:00 | 1ec3ac2c4af4102b9c3c7ad8d8a047215d36c19a424422cbe18f8f8b8e0732d8 |
Presidential Executive Order | 07-1152 (13427) | Presidential Documents
10879
Federal Register
Vol. 72, No. 46
Friday, March 9, 2007
Title 3—
The President
Executive Order 13427 of March 7, 2007
Extending Privileges and Immunities to the Permanent
Observer Mission of the Holy See to the United Nations
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 7(b) of the Department
of State Authorities Act of 2006 (22 U.S.C. 288l), I hereby extend to the
Permanent Observer Mission of the Holy See to the United Nations in
New York, and to its members, the privileges and immunities enjoyed by
the diplomatic missions of member states to the United Nations, and members
of such missions, subject to corresponding conditions and obligations.
This extension of privileges and immunities is not intended to abridge
in any respect privileges or immunities that the Permanent Observer Mission
of the Holy See to the United Nations in New York and its members
otherwise may have acquired or may acquire by law.
THE WHITE HOUSE,
March 7, 2007.
[FR Doc. 07–1152
Filed 3–8–07; 8:45 am]
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| Extending Privileges and Immunities to the Permanent Observer Mission of the Holy See to the United Nations | 2007-03-07T00:00:00 | 217c8155e9a4455f26cbbf32b81120f1e47cd392c5f207619fc62ecc510fc36a |
Presidential Executive Order | 07-1137 (13426) | Presidential Documents
10589
Federal Register
Vol. 72, No. 45
Thursday, March 8, 2007
Title 3—
The President
Executive Order 13426 of March 6, 2007
Establishing a Commission on Care for America’s Returning
Wounded Warriors and a Task Force on Returning Global
War on Terror Heroes
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to provide a comprehensive
review of the care provided to America’s returning Global War on Terror
service men and women from the time they leave the battlefield through
their return to civilian life, it is hereby ordered as follows:
Section 1. Establishment of Commission. There is established the President’s
Commission on Care for America’s Returning Wounded Warriors (Commis-
sion).
Sec. 2. Membership of Commission. The Commission shall be composed
of nine members appointed by the President. The President shall designate
two Co-Chairs from among the members of the Commission.
Sec. 3. Mission of Commission. The mission of the Commission shall be
to:
(a) examine the effectiveness of returning wounded service members’ transi-
tion from deployment in support of the Global War on Terror to successful
return to productive military service or civilian society, and recommend
needed improvements;
(b) evaluate the coordination, management, and adequacy of the delivery
of health care, disability, traumatic injury, education, employment, and other
benefits and services to returning wounded Global War on Terror service
members by Federal agencies as well as by the private sector, and recommend
ways to ensure that programs provide high-quality services;
(c) (i) analyze the effectiveness of existing outreach to service members
regarding such benefits and services, and service members’ level of awareness
of and ability to access these benefits and services, and (ii) identify ways
to reduce barriers to and gaps in these benefits and services; and
(d) consult with foundations, veterans service organizations, non-profit
groups, faith-based organizations, and others as appropriate, in performing
the Commission’s functions under subsections (a) through (c) of this section.
Sec. 4. Administration of Commission.
(a) The Secretary of Defense shall, to the extent permitted by law, provide
administrative support and funding for the Commission. To the extent per-
mitted by law, office space, analytical support, and staff support for the
Commission shall be provided by the Department of Defense.
(b) Members of the Commission shall serve without any compensation for
their work on the Commission. Members of the Commission appointed from
among private citizens of the United States, while engaged in the work
of the Commission, may be allowed travel expenses, including per diem
in lieu of subsistence, as authorized by law for persons serving intermittently
in Government service (5 U.S.C. 5701–5707), consistent with the availability
of funds.
(c) The Co-Chairs of the Commission shall select an Executive Director
to coordinate administration of the Commission.
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(d) The heads of executive branch departments and agencies shall, to the
extent permitted by law, provide the Commission with information as re-
quested by the Co-Chairs.
(e) The Co-Chairs of the Commission shall convene and preside at the
meetings of the Commission, determine its agenda, and direct its work.
(f) The functions of the President under the Federal Advisory Committee
Act, as amended (5 U.S.C. App.)(Act), except for those in section 6 of
that Act, that are applicable to the Commission, shall be performed by
the Secretary of Defense, in accordance with the guidelines that have been
issued by the Administrator of General Services.
Sec. 5. Report of Commission. The Commission shall report its recommenda-
tions to the President through the Secretary of Defense and the Secretary
of Veterans Affairs. The Commission shall issue a final report by June
30, 2007, unless the Co-Chairs provide written notice to the President that
an extension is necessary, in which case the Commission shall issue the
final report by July 31, 2007.
Sec. 6. Termination of Commission. The Commission shall terminate 30
days after submitting its final report, unless extended by the President
prior to that date.
Sec. 7. Establishment of Task Force. The Secretary of Veterans Affairs (Sec-
retary) shall establish within the Department of Veterans Affairs for adminis-
trative purposes only an Interagency Task Force on Returning Global War
on Terror Heroes (Task Force).
Sec. 8. Membership and Operation of Task Force. The Task Force shall
consist exclusively of the following members, or their designees who shall
be at the Under Secretary level (or its equivalent) or higher:
(a) the Secretary of Veterans Affairs, who shall serve as Chair;
(b) the Secretary of Defense;
(c) the Secretary of Labor;
(d) the Secretary of Health and Human Services;
(e) the Secretary of Housing and Urban Development;
(f) the Secretary of Education;
(g) the Director of the Office of Management and Budget;
(h) the Administrator of the Small Business Administration; and
(i) other officers or employees of the United States, as determined by the
Secretary.
The Secretary or the Secretary’s designee shall convene and preside at
meetings of the Task Force and direct its work. The Secretary shall designate
an official of the Department of Veterans Affairs to serve as the Executive
Secretary of the Task Force, and the Executive Secretary shall head any
staff assigned to the Task Force.
Sec. 9. Mission of Task Force. The mission of the Task Force shall be
to:
(a) identify and examine existing Federal services that currently are provided
to returning Global War on Terror service members;
(b) identify existing gaps in such services;
(c) seek recommendations from appropriate Federal agencies on ways to
fill those gaps as effectively and expeditiously as possible using existing
resources; and
(d) (i) ensure that in providing services to these service members, appropriate
Federal agencies are communicating and cooperating effectively, and (ii)
facilitate the fostering of agency communications and cooperation through
informal and formal means, as appropriate.
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Sec. 10. Administration of Task Force. The Secretary of Veterans Affairs
shall, to the extent permitted by law, provide administrative support and
funding for the Task Force.
Sec. 11. Action Plan of Task Force. Consistent with applicable law, the
Task Force shall outline a Government-wide action plan that identifies exist-
ing Federal services for returning Global War on Terror service men and
women and that ensures the provision of such services to those service
members as effectively and expeditiously as possible. The Task Force shall
submit the action plan to the President within 45 days of the date of
this order.
Sec. 12. Termination of Task Force. The Secretary, with the approval of
the President, shall terminate the Task Force upon the completion of its
duties.
Sec. 13. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect
(i) authority granted by law to an agency or the head thereof, or (ii) functions
of the Director of the Office of Management and Budget relating to budget,
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, against the United
States, its departments, agencies, entities, officers, employees, agents, or
any other person.
THE WHITE HOUSE,
March 6, 2007.
[FR Doc. 07–1137
Filed 3–7–07; 10:57 am]
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| Establishing a Commission on Care for America's Returning Wounded Warriors and a Task Force on Returning Global War on Terror Heroes | 2007-03-06T00:00:00 | 99a85b07b58ab3d001311e3b6aa96d7b2d7c6f7c4a4a838388b2ee46f2854fe3 |
Presidential Executive Order | 07-1816 (13429) | Presidential Documents
18101
Federal Register
Vol. 72, No. 68
Tuesday, April 10, 2007
Title 3—
The President
Executive Order 13429 of April 4, 2007
Establishing an Emergency Board To Investigate a Dispute
Between Metro-North Railroad and Its Maintenance of Way
Employees Represented by the International Brotherhood of
Teamsters
A dispute exists between Metro-North Railroad and its maintenance of way
employees represented by the International Brotherhood of Teamsters.
The dispute has not heretofore been adjusted under the provisions of the
Railway Labor Act, as amended, 45 U.S.C. 151–188 (the ‘‘Act’’).
A first emergency board to investigate and report on this dispute and disputes
of other employees represented by other labor organizations was established
on December 7, 2006, by Executive Order 13417 of December 6, 2006.
The emergency board terminated upon issuance of its report. Subsequently,
its recommendations were not accepted by the parties.
A party empowered by the Act has requested that the President establish
a second emergency board pursuant to section 9A of the Act (45 U.S.C.
159a).
Section 9A(e) of the Act provides that the President, upon such request,
shall appoint a second emergency board to investigate and report on the
dispute.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the Act, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board). There is established,
effective April 6, 2007, a Board of three members to be appointed by the
President to investigate and report on this dispute. No member shall be
pecuniarily or otherwise interested in any organization of railroad employees
or any carrier. The Board shall perform its functions subject to the availability
of funds.
Sec. 2. Report. Within 30 days after the creation of the Board, the parties
to the dispute shall submit to the Board final offers for settlement of the
dispute. Within 30 days after the submission of final offers for settlement
of the dispute, the Board shall submit a report to the President setting
forth its selection of the most reasonable offer.
Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the Act,
from the time a request to establish a second emergency board is made
until 60 days after the Board submits its report to the President, the parties
to the controversy shall make no change in the conditions out of which
the dispute arose except by agreement of the parties.
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Sec. 4. Records Maintenance. The records and files of the Board are records
of the Office of the President and upon the Board’s termination shall be
maintained in the physical custody of the National Mediation Board.
Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
THE WHITE HOUSE,
April 4, 2007.
[FR Doc. 07–1816
Filed 4–9–07; 11:01 am]
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| Establishing an Emergency Board To Investigate a Dispute Between Metro-North Railroad and Its Maintenance of Way Employees Represented by the International Brotherhood of Teamsters | 2007-04-04T00:00:00 | c55461fd664a2e0030e813c9b0fa34d262c8d73a455af6fd53f0c27c2a24b219 |
Presidential Executive Order | 07-1704 (13428) | Presidential Documents
16693
Federal Register
Vol. 72, No. 64
Wednesday, April 4, 2007
Title 3—
The President
Executive Order 13428 of April 2, 2007
Renaming a National Forest in the Commonwealth of Puerto
Rico
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 1 of the Act of
June 4, 1897 (16 U.S.C. 473) and section 1 of the Act of July 1, 1902
(48 U.S.C. 746), and to rename the Caribbean National Forest in the Common-
wealth of Puerto Rico, it is hereby ordered as follows:
Section 1. The Caribbean National Forest in the Commonwealth of Puerto
Rico is hereby renamed the ‘‘El Yunque National Forest.’’
Sec. 2. Previous references to the Caribbean National Forest in Executive
Order 7059–A of June 4, 1935, and Executive Order 10992 of February
9, 1962, shall, for all purposes hereafter, be deemed references to the ‘‘El
Yunque National Forest.’’
Sec. 3. This order shall be implemented in accordance with applicable
law and subject to the availability of appropriations.
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, agencies, entities, officers, employees, or
agents thereof, or any other person.
THE WHITE HOUSE,
April 2, 2007.
[FR Doc. 07–1704
Filed 4–3–07; 8:50 am]
Billing code 3195–01–P
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| Renaming a National Forest in the Commonwealth of Puerto Rico | 2007-04-02T00:00:00 | 6ae013ee637cc773b847690006d05bea64c3851afe08372211ec5144bec2092f |
Presidential Executive Order | 07-780 (13425) | Presidential Documents
7737
Federal Register
Vol. 72, No. 33
Tuesday, February 20, 2007
Title 3—
The President
Executive Order 13425 of February 14, 2007
Trial of Alien Unlawful Enemy Combatants by Military
Commission
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Military Commissions
Act of 2006 (Public Law 109–366), the Authorization for Use of Military
Force (Public Law 107–40), and section 948b(b) of title 10, United States
Code, it is hereby ordered as follows:
Section 1. Establishment of Military Commissions. There are hereby estab-
lished military commissions to try alien unlawful enemy combatants for
offenses triable by military commission as provided in chapter 47A of title
10.
Sec. 2. Definitions. As used in this order:
(a) ‘‘unlawful enemy combatant’’ has the meaning provided for that term
in section 948a(1) of title 10; and
(b) ‘‘alien’’ means a person who is not a citizen of the United States.
Sec. 3. Supersedure. This order supersedes any provision of the President’s
Military Order of November 13, 2001 (66 Fed. Reg. 57,833), that relates
to trial by military commission, specifically including:
(a) section 4 of the Military Order; and
(b) any requirement in section 2 of the Military Order, as it relates to
trial by military commission, for a determination of:
(i) reason to believe specified matters; or
(ii) the interest of the United States.
Sec. 4. General Provisions. (a) This order shall be implemented in accordance
with applicable law and subject to the availability of appropriations.
(b) The heads of executive departments and agencies shall provide such
information and assistance to the Secretary of Defense as may be necessary
to implement this order and chapter 47A of title 10.
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(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, entities, officers, employ-
ees, or agents, or any other person.
THE WHITE HOUSE,
February 14, 2007.
[FR Doc. 07–780
Filed 2–16–07; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 07-419 (13424) | Presidential Documents
4409
Federal Register / Vol. 72, No. 19 / Tuesday, January 30, 2007 / Presidential Documents
Executive Order 13424 of January 26, 2007
Further Amendment to Executive Order 13285, Relating to
the President’s Council on Service and Civic Participation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to extend the President’s
Council on Service and Civic Participation, it is hereby ordered that Executive
Order 13285 of January 29, 2003, as amended, is further amended by revising
section 4(b) to read as follows: ‘‘(b) Unless further extended by the President,
this order shall expire on November 30, 2008.’’
THE WHITE HOUSE,
January 26, 2007.
[FR Doc. 07–419
Filed 1–29–07; 8:45 am]
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| Further Amendment to Executive Order 13285, Relating to the President's Council on Service and Civic Participation | 2007-01-26T00:00:00 | 1bbc60a41aa1da830c37e800e81b60235cfcfe259eef2bc634ab2f14526a79ce |
Presidential Executive Order | 06-9993 (13421) | Presidential Documents
425
Federal Register / Vol. 72, No. 2 / Thursday, January 4, 2007 / Presidential Documents
Executive Order 13421 of December 28, 2006
Providing for the Closing of Government Departments and
Agencies on January 2, 2007
By the authority vested in me as President by the Constitution and laws
of the United States of America, it is hereby ordered as follows:
Section 1. All executive departments, independent establishments, and other
governmental agencies shall be closed on January 2, 2007, as a mark of
respect for Gerald R. Ford, the thirty-eighth President of the United States.
That day shall be considered as falling within the scope of Executive Order
11582 of February 11, 1971, and of 5 U.S.C. 5546 and 6103(b) and other
similar statutes insofar as they relate to the pay and leave of employees
of the United States.
Sec. 2. The first sentence of section 1 of this order shall not apply to
those offices and installations, or parts thereof, in the Department of State,
the Department of Defense, the Department of Justice, the Department of
Homeland Security, or other departments, independent establishments, and
governmental agencies that the heads thereof determine should remain open
for reasons of national security or defense or other essential public business.
THE WHITE HOUSE,
December 28, 2006.
[FR Doc. 06–9993
Filed 1–3–07; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-9895 (13419) | Presidential Documents
77565
Federal Register
Vol. 71, No. 247
Tuesday, December 26, 2006
Title 3—
The President
Executive Order 13419 of December 20, 2006
National Aeronautics Research and Development
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 204 of the National
Science and Technology Policy, Organization, and Priorities Act of 1976,
as amended (42 U.S.C. 6613), section 101(c) of the National Aeronautics
and Space Administration Authorization Act of 2005 (Public Law 109–
155), and section 301 of title 3, United States Code, it is hereby ordered
as follows:
Section 1. National Aeronautics Research and Development Policy. Continued
progress in aeronautics, the science of flight, is essential to America’s eco-
nomic success and the protection of America’s security interests at home
and around the globe. Accordingly, it shall be the policy of the United
States to facilitate progress in aeronautics research and development (R&D)
through appropriate funding and activities of the Federal Government, in
cooperation with State, territorial, tribal, local, and foreign governments,
international organizations, academic and research institutions, private orga-
nizations, and other entities, as appropriate. The Federal Government shall
only undertake roles in supporting aeronautics R&D that are not more appro-
priately performed by the private sector. The National Aeronautics Research
and Development Policy prepared by the National Science and Technology
Council should, to the extent consistent with this order and its implementa-
tion, guide the aeronautics R&D programs of the United States through
2020.
Sec. 2. Functions of the Director of the Office of Science and Technology
Policy. To implement the policy set forth in section 1 of this order, the
Director of the Office of Science and Technology Policy (the ‘‘Director’’)
shall:
(a) review the funding and activities of the Federal Government relating
to aeronautics R&D;
(b) recommend to the President, the Director of the Office of Management
and Budget, and the heads of executive departments and agencies, as appro-
priate, such actions with respect to funding and activities of the Federal
Government relating to aeronautics R&D as may be necessary to
(i) advance United States technological leadership in aeronautics;
(ii) support innovative research leading to significant advances in aero-
nautical concepts, technologies, and capabilities;
(iii) pursue and develop advanced aeronautics concepts and technologies,
including those for advanced aircraft systems and air transportation man-
agement systems, to benefit America’s security and effective and efficient
national airspace management;
(iv) maintain and advance United States aeronautics research, development,
test and evaluation infrastructure to provide effective experimental and
computational capabilities in support of aeronautics R&D;
(v) facilitate the educational development of the future aeronautics work-
force as needed to further Federal Government interests;
(vi) enhance coordination and communication among executive depart-
ments and agencies to maximize the effectiveness of Federal Government
R&D resources; and
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(vii) ensure appropriate Federal Government coordination with State, terri-
torial, tribal, local, and foreign governments, international organizations,
academic and research institutions, private organizations, and other enti-
ties.
Sec. 3. Implementation of National Aeronautics Research and Development
Policy. To implement the policy set forth in section 1 of this order, the
Director shall:
(a) develop and, not later than 1 year after the date of this order, submit
for approval by the President a plan for national aeronautics R&D and
for related infrastructure, (the ‘‘plan’’), and thereafter submit, not less often
than biennially, to the President for approval any changes to the plan;
(b) monitor and report to the President as appropriate on the implementa-
tion of the approved plan;
(c) ensure that executive departments and agencies conducting aeronautics
R&D:
(i) obtain and exchange information and advice, as appropriate, from orga-
nizations and individuals outside the Federal Government in support of
Federal Government planning and performance of aeronautics R&D;
(ii) develop and implement, as appropriate, measures for improving dis-
semination of R&D results and facilitating technology transition from R&D
to applications; and
(iii) identify and promote innovative policies and approaches that com-
plement and enhance Federal Government aeronautics R&D investment;
and
(d) report to the President on the results of the efforts of executive depart-
ments and agencies to implement paragraphs (c)(i) through (iii) of this section.
Sec. 4. General Provisions. (a) In implementing this order, the Director
shall:
(i) obtain as appropriate the assistance of the National Science and Tech-
nology Council in the performance of the Director’s functions under this
order, consistent with Executive Order 12881 of November 23, 1993, as
amended;
(ii) coordinate as appropriate with the Director of the Office of Management
and Budget; and
(iii) obtain information and advice from all sources as appropriate, includ-
ing individuals associated with academic and research institutions and
private organizations.
(b) The functions of the President under subsection (c) of section 101
of the National Aeronautics and Space Administration Authorization Act
of 2005, except the function of designation, are assigned to the Director
of the Office of Science and Technology Policy. In performing these assigned
functions, the Director shall, as appropriate, consult the Administrator of
the National Aeronautics and Space Administration, the Secretary of Defense,
the Secretary of Transportation, the Director of the Office of Management
and Budget, and other heads of executive departments and agencies as
appropriate. The Director also shall ensure that all actions taken in the
performance of such functions are consistent with the authority set forth
in subsections (a) through (d) of section 6 of Executive Order 13346 of
July 8, 2004.
(c) This order shall be implemented in a manner consistent with: (i)
applicable law, including section 102A
(i) of the National Security Act of 1947, as amended (50 U.S.C. 403-
1(i)), and subject to the availability of appropriations; and
(ii) statutory authority of the principal officers of executive departments
and agencies as the heads of their respective departments and agencies.
(d) This order shall not be construed to impair or otherwise affect the
functions of the Director of the Office of Management and Budget relating
to budget, administrative, and legislative proposals.
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(e) This order is not intended to, and does not, create any rights or
benefits, substantive or procedural, enforceable at law or in equity by a
party against the United States, its departments, agencies, instrumentalities,
or entities, its officers, employees, or agents, or any other person.
THE WHITE HOUSE,
December 20, 2006.
[FR Doc. 06–9895
Filed 12–22–06; 10:38 am]
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Presidential Executive Order | 07-293 (13422) | Presidential Documents
2763
Federal Register
Vol. 72, No. 14
Tuesday, January 23, 2007
Title 3—
The President
Executive Order 13422 of January 18, 2007
Further Amendment to Executive Order 12866 on Regulatory
Planning and Review
By the authority vested in me as President by the Constitution and laws
of the United States of America, it is hereby ordered that Executive Order
12866 of September 30, 1993, as amended, is further amended as follows:
Section 1. Section 1 is amended as follows:
(a) Section 1(b)(1) is amended to read as follows:
‘‘(1) Each agency shall identify in writing the specific market failure
(such as externalities, market power, lack of information) or other specific
problem that it intends to address (including, where applicable, the failures
of public institutions) that warrant new agency action, as well as assess
the significance of that problem, to enable assessment of whether any
new regulation is warranted.’’
(b) by inserting in section 1(b)(7) after ‘‘regulation’’ the words ‘‘or guidance
document’’.
(c) by inserting in section 1(b)(10) in both places after ‘‘regulations’’ the
words ‘‘and guidance documents’’.
(d) by inserting in section 1(b)(11) after ‘‘its regulations’’ the words ‘‘and
guidance documents’’.
(e) by inserting in section 1(b)(12) after ‘‘regulations’’ the words ‘‘and
guidance documents’’.
Sec. 2. Section 2 is amended as follows:
(a) by inserting in section 2(a) in both places after ‘‘regulations’’ the
words ‘‘and guidance documents’’.
(b) by inserting in section 2(b) in both places after ‘‘regulations’’ the
words ‘‘and guidance documents’’.
Sec. 3. Section 3 is amended as follows:
(a) by striking in section 3(d) ‘‘or ‘rule’ ’’ after ‘‘ ‘Regulation’ ’’;
(b) by striking in section 3(d)(1) ‘‘or rules’’ after ‘‘Regulations’’;
(c) by striking in section 3(d)(2) ‘‘or rules’’ after ‘‘Regulations’’;
(d) by striking in section 3(d)(3) ‘‘or rules’’ after ‘‘Regulations’’;
(e) by striking in section 3(e) ‘‘rule or’’ from ‘‘final rule or regulation’’;
(f) by striking in section 3(f) ‘‘rule or’’ from ‘‘rule or regulation’’;
(g) by inserting after section 3(f) the following:
‘‘(g) ‘‘Guidance document’’ means an agency statement of general ap-
plicability and future effect, other than a regulatory action, that sets
forth a policy on a statutory, regulatory, or technical issue or an inter-
pretation of a statutory or regulatory issue.
(h) ‘‘Significant guidance document’’ —
(1) Means a guidance document disseminated to regulated entities or
the general public that, for purposes of this order, may reasonably
be anticipated to:
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(A) Lead to an annual effect of $100 million or more or adversely
affect in a material way the economy, a sector of the economy, pro-
ductivity, competition, jobs, the environment, public health or safe-
ty, or State, local, or tribal governments or communities;
(B) Create a serious inconsistency or otherwise interfere with an ac-
tion taken or planned by another agency;
(C) Materially alter the budgetary impact of entitlements, grants,
user fees, or loan programs or the rights or obligations of recipients
thereof; or
(D) Raise novel legal or policy issues arising out of legal mandates,
the President’s priorities, or the principles set forth in this Execu-
tive order; and (2) Does not include:
(A) Guidance documents on regulations issued in accordance with
the formal rulemaking provisions of 5 U.S.C. 556, 557;
(B) Guidance documents that pertain to a military or foreign affairs
function of the United States, other than procurement regulations
and regulations involving the import or export of non-defense arti-
cles and services;
(C) Guidance documents on regulations that are limited to agency
organization, management, or personnel matters; or
(D) Any other category of guidance documents exempted by the Ad-
ministrator of OIRA.’’
Sec. 4. Section 4 is amended as follows:
(a) Section 4(a) is amended to read as follows: ‘‘The Director may convene
a meeting of agency heads and other government personnel as appropriate
to seek a common understanding of priorities and to coordinate regulatory
efforts to be accomplished in the upcoming year.’’
(b) The last sentence of section 4(c)(1) is amended to read as follows:
‘‘Unless specifically authorized by the head of the agency, no rulemaking
shall commence nor be included on the Plan without the approval of
the agency’s Regulatory Policy Office, and the Plan shall contain at a
minimum:’’.
(c) Section 4(c)(1)(B) is amended by inserting ‘‘of each rule as well as
the agency’s best estimate of the combined aggregate costs and benefits
of all its regulations planned for that calendar year to assist with the
identification of priorities’’ after ‘‘of the anticipated costs and benefits’’.
(d) Section 4(c)(1)(C) is amended by inserting ‘‘, and specific citation
to such statute, order, or other legal authority’’ after ‘‘court order’’.
Sec. 5. Section 6 is amended as follows:
(a) by inserting in section 6(a)(1) ‘‘In consultation with OIRA, each agency
may also consider whether to utilize formal rulemaking procedures under
5 U.S.C. 556 and 557 for the resolution of complex determinations’’ after
‘‘comment period of not less than 60 days.’’
(b) by amending the first sentence of section 6(a)(2) to read as follows:
‘‘Within 60 days of the date of this Executive order, each agency head
shall designate one of the agency’s Presidential Appointees to be its Regu-
latory Policy Officer, advise OMB of such designation, and annually update
OMB on the status of this designation.’’
Sec. 6. Sections 9–11 are redesignated respectively as sections 10–12.
Sec. 7. After section 8, a new section 9 is inserted as follows:
‘‘Sec. 9. Significant Guidance Documents. Each agency shall provide
OIRA, at such times and in the manner specified by the Administrator
of OIRA, with advance notification of any significant guidance docu-
ments. Each agency shall take such steps as are necessary for its Reg-
ulatory Policy Officer to ensure the agency’s compliance with the re-
quirements of this section. Upon the request of the Administrator, for
each matter identified as, or determined by the Administrator to be,
a significant guidance document, the issuing agency shall provide to
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OIRA the content of the draft guidance document, together with a
brief explanation of the need for the guidance document and how it
will meet that need. The OIRA Administrator shall notify the agency
when additional consultation will be required before the issuance of
the significant guidance document.’’
Sec. 8. Newly designated section 10 is amended to read as follows:
‘‘Sec. 10. Preservation of Agency Authority. Nothing in this order shall
be construed to impair or otherwise affect the authority vested by law
in an agency or the head thereof, including the authority of the Attor-
ney General relating to litigation.’’
THE WHITE HOUSE,
January 18, 2007.
[FR Doc. 07–293
Filed 1–22–07; 8:45 am]
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Presidential Executive Order | 07-374 (13423) | Presidential Documents
3919
Federal Register
Vol. 72, No. 17
Friday, January 26, 2007
Title 3—
The President
Executive Order 13423 of January 24, 2007
Strengthening Federal Environmental, Energy, and Transpor-
tation Management
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to strengthen the environmental,
energy, and transportation management of Federal agencies, it is hereby
ordered as follows:
Section 1. Policy. It is the policy of the United States that Federal agencies
conduct their environmental, transportation, and energy-related activities
under the law in support of their respective missions in an environmentally,
economically and fiscally sound, integrated, continuously improving, effi-
cient, and sustainable manner.
Sec. 2. Goals for Agencies. In implementing the policy set forth in section
1 of this order, the head of each agency shall:
(a) improve energy efficiency and reduce greenhouse gas emissions of the
agency, through reduction of energy intensity by (i) 3 percent annually
through the end of fiscal year 2015, or (ii) 30 percent by the end of fiscal
year 2015, relative to the baseline of the agency’s energy use in fiscal
year 2003;
(b) ensure that (i) at least half of the statutorily required renewable energy
consumed by the agency in a fiscal year comes from new renewable sources,
and (ii) to the extent feasible, the agency implements renewable energy
generation projects on agency property for agency use;
(c) beginning in FY 2008, reduce water consumption intensity, relative to
the baseline of the agency’s water consumption in fiscal year 2007, through
life-cycle cost-effective measures by 2 percent annually through the end
of fiscal year 2015 or 16 percent by the end of fiscal year 2015;
(d) require in agency acquisitions of goods and services (i) use of sustainable
environmental practices, including acquisition of biobased, environmentally
preferable, energy-efficient, water-efficient, and recycled-content products,
and (ii) use of paper of at least 30 percent post-consumer fiber content;
(e) ensure that the agency (i) reduces the quantity of toxic and hazardous
chemicals and materials acquired, used, or disposed of by the agency, (ii)
increases diversion of solid waste as appropriate, and (iii) maintains cost-
effective waste prevention and recycling programs in its facilities;
(f) ensure that (i) new construction and major renovation of agency buildings
comply with the Guiding Principles for Federal Leadership in High Perform-
ance and Sustainable Buildings set forth in the Federal Leadership in High
Performance and Sustainable Buildings Memorandum of Understanding
(2006), and (ii) 15 percent of the existing Federal capital asset building
inventory of the agency as of the end of fiscal year 2015 incorporates
the sustainable practices in the Guiding Principles;
(g) ensure that, if the agency operates a fleet of at least 20 motor vehicles,
the agency, relative to agency baselines for fiscal year 2005, (i) reduces
the fleet’s total consumption of petroleum products by 2 percent annually
through the end of fiscal year 2015, (ii) increases the total fuel consumption
that is non-petroleum-based by 10 percent annually, and (iii) uses plug-
in hybrid (PIH) vehicles when PIH vehicles are commercially available at
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a cost reasonably comparable, on the basis of life-cycle cost, to non-PIH
vehicles; and
(h) ensure that the agency (i) when acquiring an electronic product to
meet its requirements, meets at least 95 percent of those requirements with
an Electronic Product Environmental Assessment Tool (EPEAT)-registered
electronic product, unless there is no EPEAT standard for such product,
(ii) enables the Energy Star feature on agency computers and monitors,
(iii) establishes and implements policies to extend the useful life of agency
electronic equipment, and (iv) uses environmentally sound practices with
respect to disposition of agency electronic equipment that has reached the
end of its useful life.
Sec. 3. Duties of Heads of Agencies. In implementing the policy set forth
in section 1 of this order, the head of each agency shall:
(a) implement within the agency sustainable practices for (i) energy efficiency,
greenhouse gas emissions avoidance or reduction, and petroleum products
use reduction, (ii) renewable energy, including bioenergy, (iii) water conserva-
tion, (iv) acquisition, (v) pollution and waste prevention and recycling,
(vi) reduction or elimination of acquisition and use of toxic or hazardous
chemicals, (vii) high performance construction, lease, operation, and mainte-
nance of buildings, (viii) vehicle fleet management, and (ix) electronic equip-
ment management;
(b) implement within the agency environmental management systems (EMS)
at all appropriate organizational levels to ensure (i) use of EMS as the
primary management approach for addressing environmental aspects of inter-
nal agency operations and activities, including environmental aspects of
energy and transportation functions, (ii) establishment of agency objectives
and targets to ensure implementation of this order, and (iii) collection,
analysis, and reporting of information to measure performance in the imple-
mentation of this order;
(c) establish within the agency programs for (i) environmental management
training, (ii) environmental compliance review and audit, and (iii) leadership
awards to recognize outstanding environmental, energy, or transportation
management performance in the agency;
(d) within 30 days after the date of this order (i) designate a senior civilian
officer of the United States, compensated annually in an amount at or
above the amount payable at level IV of the Executive Schedule, to be
responsible for implementation of this order within the agency, (ii) report
such designation to the Director of the Office of Management and Budget
and the Chairman of the Council on Environmental Quality, and (iii) assign
the designated official the authority and duty to (A) monitor and report
to the head of the agency on agency activities to carry out subsections
(a) and (b) of this section, and (B) perform such other duties relating to
the implementation of this order within the agency as the head of the
agency deems appropriate;
(e) ensure that contracts entered into after the date of this order for contractor
operation of government-owned facilities or vehicles require the contractor
to comply with the provisions of this order with respect to such facilities
or vehicles to the same extent as the agency would be required to comply
if the agency operated the facilities or vehicles;
(f) ensure that agreements, permits, leases, licenses, or other legally-binding
obligations between the agency and a tenant or concessionaire entered into
after the date of this order require, to the extent the head of the agency
determines appropriate, that the tenant or concessionaire take actions relating
to matters within the scope of the contract that facilitate the agency’s compli-
ance with this order;
(g) provide reports on agency implementation of this order to the Chairman
of the Council on such schedule and in such format as the Chairman
of the Council may require; and
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(h) provide information and assistance to the Director of the Office of Manage-
ment and Budget, the Chairman of the Council, and the Federal Environ-
mental Executive.
Sec. 4. Additional Duties of the Chairman of the Council on Environmental
Quality. In implementing the policy set forth in section 1 of this order,
the Chairman of the Council on Environmental Quality:
(a) (i) shall establish a Steering Committee on Strengthening Federal Environ-
mental, Energy, and Transportation Management to advise the Director of
the Office of Management and Budget and the Chairman of the Council
on the performance of their functions under this order that shall consist
exclusively of (A) the Federal Environmental Executive, who shall chair,
convene and preside at meetings of, determine the agenda of, and direct
the work of, the Steering Committee, and (B) the senior officials designated
under section 3(d)(i) of this order, and (ii) may establish subcommittees
of the Steering Committee, to assist the Steering Committee in developing
the advice of the Steering Committee on particular subjects;
(b) may, after consultation with the Director of the Office of Management
and Budget and the Steering Committee, issue instructions to implement
this order, other than instructions within the authority of the Director to
issue under section 5 of this order; and
(c) shall administer a presidential leadership award program to recognize
exceptional and outstanding environmental, energy, or transportation man-
agement performance and excellence in agency efforts to implement this
order.
Sec. 5. Duties of the Director of the Office of Management and Budget.
In implementing the policy set forth in section 1 of this order, the Director
of the Office of Management and Budget shall, after consultation with the
Chairman of the Council and the Steering Committee, issue instructions
to the heads of agencies concerning:
(a) periodic evaluation of agency implementation of this order;
(b) budget and appropriations matters relating to implementation of this
order;
(c) implementation of section 2(d) of this order; and
(d) amendments of the Federal Acquisition Regulation as necessary to imple-
ment this order.
Sec. 6. Duties of the Federal Environmental Executive. A Federal Environ-
mental Executive designated by the President shall head the Office of the
Federal Environmental Executive, which shall be maintained in the Environ-
mental Protection Agency for funding and administrative purposes. In imple-
menting the policy set forth in section 1 of this order, the Federal Environ-
mental Executive shall:
(a) monitor, and advise the Chairman of the Council on, performance by
agencies of functions assigned by sections 2 and 3 of this order;
(b) submit a report to the President, through the Chairman of the Council,
not less often than once every 2 years, on the activities of agencies to
implement this order; and
(c) advise the Chairman of the Council on the Chairman’s exercise of authority
granted by subsection 4(c) of this order.
Sec. 7. Limitations. (a) This order shall apply to an agency with respect
to the activities, personnel, resources, and facilities of the agency that are
located within the United States. The head of an agency may provide that
this order shall apply in whole or in part with respect to the activities,
personnel, resources, and facilities of the agency that are not located within
the United States, if the head of the agency determines that such application
is in the interest of the United States.
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(b) The head of an agency shall manage activities, personnel, resources,
and facilities of the agency that are not located within the United States,
and with respect to which the head of the agency has not made a determina-
tion under subsection (a) of this section, in a manner consistent with the
policy set forth in section 1 of this order to the extent the head of the
agency determines practicable.
Sec. 8. Exemption Authority. (a) The Director of National Intelligence may
exempt an intelligence activity of the United States, and related personnel,
resources, and facilities, from the provisions of this order, other than this
subsection and section 10, to the extent the Director determines necessary
to protect intelligence sources and methods from unauthorized disclosure.
(b) The head of an agency may exempt law enforcement activities of that
agency, and related personnel, resources, and facilities, from the provisions
of this order, other than this subsection and section 10, to the extent the
head of an agency determines necessary to protect undercover operations
from unauthorized disclosure.
(c) (i) The head of an agency may exempt law enforcement, protective,
emergency response, or military tactical vehicle fleets of that agency from
the provisions of this order, other than this subsection and section 10.
(ii) Heads of agencies shall manage fleets to which paragraph (i) of this
subsection refers in a manner consistent with the policy set forth in section
1 of this order to the extent they determine practicable.
(d) The head of an agency may submit to the President, through the Chairman
of the Council, a request for an exemption of an agency activity, and related
personnel, resources, and facilities, from this order.
Sec. 9. Definitions. As used in this order:
(a) ‘‘agency’’ means an executive agency as defined in section 105 of title
5, United States Code, excluding the Government Accountability Office;
(b) ‘‘Chairman of the Council’’ means the Chairman of the Council on
Environmental Quality, including in the Chairman’s capacity as Director
of the Office of Environmental Quality;
(c) ‘‘Council’’ means the Council on Environmental Quality;
(d) ‘‘environmental’’ means environmental aspects of internal agency oper-
ations and activities, including those environmental aspects related to energy
and transportation functions;
(e) ‘‘greenhouse gases’’ means carbon dioxide, methane, nitrous oxide,
hydrofluorocarbons, perfluorocarbons, and sulfur hexafluoride;
(f) ‘‘life-cycle cost-effective’’ means the life-cycle costs of a product, project,
or measure are estimated to be equal to or less than the base case (i.e.,
current or standard practice or product);
(g) ‘‘new renewable sources’’ means sources of renewable energy placed
into service after January 1, 1999;
(h) ‘‘renewable energy’’ means energy produced by solar, wind, biomass,
landfill gas, ocean (including tidal, wave, current and thermal), geothermal,
municipal solid waste, or new hydroelectric generation capacity achieved
from increased efficiency or additions of new capacity at an existing hydro-
electric project;
(i) ‘‘energy intensity’’ means energy consumption per square foot of building
space, including industrial or laboratory facilities;
(j) ‘‘Steering Committee’’ means the Steering Committee on Strengthening
Federal Environmental, Energy, and Transportation Management established
under subsection 4(b) of this order;
(k) ‘‘sustainable’’ means to create and maintain conditions, under which
humans and nature can exist in productive harmony, that permit fulfilling
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the social, economic, and other requirements of present and future genera-
tions of Americans; and
(l) ‘‘United States’’ when used in a geographical sense, means the fifty
states, the District of Columbia, the Commonwealth of Puerto Rico, Guam,
American Samoa, the United States Virgin Islands, and the Northern Mariana
Islands, and associated territorial waters and airspace.
Sec. 10. General Provisions. (a) This order shall be implemented in a manner
consistent with applicable law and subject to the availability of appropria-
tions.
(b) Nothing in this order shall be construed to impair or otherwise affect
the functions of the Director of the Office of Management and Budget relating
to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of
the Federal Government and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by a party against the United States, its departments, agencies, instrumental-
ities, entities, officers, employees or agents, or any other person.
Sec. 11. Revocations; Conforming Provisions. (a) The following are revoked:
(i) Executive Order 13101 of September 14, 1998;
(ii) Executive Order 13123 of June 3, 1999;
(iii) Executive Order 13134 of August 12, 1999, as amended;
(iv) Executive Order 13148 of April 21, 2000; and
(v) Executive Order 13149 of April 21, 2000.
(b) In light of subsection 317(e) of the National Defense Authorization Act
for Fiscal Year 2002 (Public Law 107–107), not later than January 1 of
each year through and including 2010, the Secretary of Defense shall submit
to the Senate and the House of Representatives a report regarding progress
made toward achieving the energy efficiency goals of the Department of
Defense.
(c) Section 3(b)(vi) of Executive Order 13327 of February 4, 2004, is amended
by striking ‘‘Executive Order 13148 of April 21, 2000’’ and inserting in
lieu thereof ‘‘other executive orders’’.
THE WHITE HOUSE,
January 24, 2007.
[FR Doc. 07–374
Filed 1–25–07; 8:50 am]
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| Strengthening Federal Environmental, Energy, and Transportation Management | 2007-01-24T00:00:00 | 8e2ad8b903727ba70321a77c5ed7a5fce9ff5d1ff4907a2ccb4e4bcdfa5ba1d6 |
Presidential Executive Order | 06-9619 (13416) | Presidential Documents
71033
Federal Register
Vol. 71, No. 235
Thursday, December 7, 2006
Title 3—
The President
Executive Order 13416 of December 5, 2006
Strengthening Surface Transportation Security
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to strengthen the security of
the Nation’s surface transportation systems and thereby enhance the protec-
tion of the people, property, and territory of the United States of America
against terrorist attacks, it is hereby ordered as follows:
Section 1. Policy. The security of our Nation’s surface transportation systems
is a national priority, vital to our economy, and essential to the security
of our Nation. Federal, State, local, and tribal governments, the private
sector, and the public share responsibility for the security of surface transpor-
tation. It is the policy of the United States to protect the people, property,
and territory of the United States by facilitating the implementation of
a comprehensive, coordinated, and efficient security program to protect sur-
face transportation systems within and adjacent to the United States against
terrorist attacks.
Sec. 2. Definitions. For purposes of this order:
(a) ‘‘agencies’’ means those executive departments enumerated in 5 U.S.C.
101, independent establishments as defined by 5 U.S.C. 104(1), government
corporations as defined by 5 U.S.C. 103(1), and the United States Postal
Service;
(b) ‘‘Secretary’’ means the Secretary of Homeland Security;
(c) ‘‘security guideline’’ means any security-related guidance that the Sec-
retary recommends, for implementation on a voluntary basis, to enhance
the security of surface transportation;
(d) ‘‘security requirement’’ means any ‘‘regulatory action’’ as defined in
section 3 of Executive Order 12866 of September 30, 1993, as amended
(Regulatory Planning and Review), including security directives when appro-
priate, to implement measures to enhance the security of surface transpor-
tation;
(e) ‘‘surface transportation modes’’ means mass transit, commuter and long-
distance passenger rail, freight rail, commercial vehicles (including intercity
buses), and pipelines, and related infrastructure (including roads and high-
ways), that are within the territory of the United States, but does not include
electric grids; and
(f) ‘‘surface transportation’’ means any conveyance of people, goods, or com-
modities using one or more surface transportation modes.
Sec. 3. Functions of the Secretary of Homeland Security. The Secretary
is the principal Federal official responsible for infrastructure protection ac-
tivities for surface transportation. To implement the policy set forth in
section 1 of this order, the Secretary shall, consistent with the National
Infrastructure Protection Plan (NIPP), in coordination with the Secretary
of Transportation, and in consultation with the heads of other relevant
agencies:
(a) assess the security of each surface transportation mode and evaluate
the effectiveness and efficiency of current Federal Government surface trans-
portation security initiatives;
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(b) building upon current security initiatives, not later than December 31,
2006, develop a comprehensive transportation systems sector specific plan,
as defined in the NIPP;
(c) not later than 90 days after the comprehensive transportation systems
sector specific plan is completed, develop an annex to such plan that address-
es each surface transportation mode, which shall also include, at a min-
imum—
(i) an identification of existing security guidelines and security require-
ments and any security gaps, a description of how the transportation
systems sector specific plan will be implemented for such mode, and
the respective roles, responsibilities, and authorities of Federal, State,
local, and tribal governments and the private sector;
(ii) schedules and protocols for annual reviews of the effectiveness of
surface transportation security-related information sharing mechanisms in
bringing about the timely exchange of surface transportation security infor-
mation among Federal, State, local, and tribal governments and the private
sector, as appropriate; and
(iii) a process for assessing (A) compliance with any security guidelines
and security requirements issued by the Secretary for surface transpor-
tation, and (B) the need for revision of such guidelines and requirements
to ensure their continuing effectiveness;
(d) in consultation with State, local, and tribal government officials and
the private sector, not later than 180 days after the date of this order,
identify surface transportation modes, or components thereof, that are subject
to high risk of terrorist attack, draft appropriate security guidelines or security
requirements to mitigate such risks, and ensure that, prior to their issuance,
draft security requirements are transmitted to the Office of Management
and Budget for review in accordance with Executive Order 12866 and draft
security guidelines receive appropriate interagency review;
(e) develop, implement, and lead a process, in collaboration with other
agencies, State, local, and tribal governments, and the private sector, as
appropriate, to coordinate research, development, testing, and evaluation
of technologies (including alternative uses for commercial off-the-shelf tech-
nologies and products) relating to the protection of surface transportation,
including—
(i) determining product and technology needs to inform the requirements
for and prioritization of research, development, testing, and evaluation,
based on the security guidelines and security requirements developed
pursuant to subsection (c) of this section and evolving terrorist threats
to the security of surface transportation;
(ii) collecting information on existing and planned research, development,
testing, and evaluation efforts; and
(iii) not later than 180 days after the date of this order, consistent with
section 313 of the Homeland Security Act of 2002, as amended (6 U.S.C.
193), establishing and making available to Federal, State, local, and tribal
government entities, and private sector owners and operators of surface
transportation systems, lists of available technologies and products relating
to the protection of surface transportation; and
(f) use security grants authorized by law to assist in implementing security
requirements and security guidelines issued pursuant to law and consistent
with subsection (c) of this section.
Sec. 4. Duties of Heads of Other Agencies. Heads of agencies, as appropriate,
shall provide such assistance and information as the Secretary may request
to implement this order.
Sec. 5. General Provisions. This order:
(a) shall be implemented consistent with applicable law and the authorities
of agencies, or heads of agencies, vested by law, and subject to the availability
of appropriations;
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Federal Register / Vol. 71, No. 235 / Thursday, December 7, 2006 / Presidential Documents
(b) shall not be construed to impair or otherwise affect the functions of
the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals; and
(c) is not intended to, and does not, create any rights or benefits, substantive
or procedural, enforceable at law or in equity by a party against the United
States, its agencies, instrumentalities, or entities, its officers, employees,
or agents, or any other person.
THE WHITE HOUSE,
December 5, 2006.
[FR Doc. 06–9619
Filed 12–6–06; 11:43 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-9148 (13414) | Presidential Documents
65365
Federal Register
Vol. 71, No. 216
Wednesday, November 8, 2006
Title 3—
The President
Executive Order 13414 of November 3, 2006
Amendment to Executive Order 13402, Strengthening Federal
Efforts To Protect Against Identity Theft
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to amend the date
by which the Identity Theft Task Force shall submit to the President its
coordinated strategic plan, it is hereby ordered that section 3(a) of Executive
Order 13402 of May 10, 2006, is amended to read as follows: ‘‘review
the activities of executive branch departments, agencies, and instrumentalities
relating to the policy set forth in section 1, and building upon these prior
activities, prepare and submit in writing to the President by February 9,
2007, or as soon as practicable thereafter as the Chairman and Co-Chairman
shall determine, a coordinated strategic plan to further improve the effective-
ness and efficiency of the Federal Government’s activities in the areas of
identity theft awareness, prevention, detection, and prosecution.’’.
THE WHITE HOUSE,
November 3, 2006.
[FR Doc. 06–9148
Filed 11–7–06; 8:45 am]
Billing code 3195–01–P
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| Amendment to Executive Order 13402, Strengthening Federal Efforts To Protect Against Identity Theft | 2006-11-03T00:00:00 | 2341aa3bd1661de4ac4ddc13de85a733962d01fab1f19e6278a0389254efff84 |
Presidential Executive Order | 06-9632 (13417) | Presidential Documents
71459
Federal Register
Vol. 71, No. 236
Friday, December 8, 2006
Title 3—
The President
Executive Order 13417 of December 6, 2006
Establishing an Emergency Board To Investigate Disputes Be-
tween Metro-North Railroad and Certain of Its Employees
Represented by Certain Labor Organizations
Disputes exist between Metro-North Railroad (Metro-North) and certain of
its employees represented by certain labor organizations. The labor organiza-
tions involved in these disputes are designated on the attached list, which
is made a part of this order.
The disputes have not heretofore been adjusted under the provisions of
the Railway Labor Act, as amended, 45 U.S.C. 151 et. seq. (RLA).
A party empowered by the RLA has requested that the President establish
an emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a).
Section 9A(c) of the RLA provides that the President, upon such request,
shall appoint an emergency board to investigate and report on the disputes.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the RLA, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board). There is established,
effective 12:01 a.m. eastern standard time on December 7, 2006, a Board
of three members to be appointed by the President to investigate and report
on these disputes. No member shall be pecuniarily or otherwise interested
in any organization of railroad employees or any carrier. The Board shall
perform its functions subject to the availability of funds.
Sec. 2. Report. The Board shall report to the President with respect to
the disputes within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the RLA,
from the date of the creation of the Board and for 120 days thereafter,
no change in the conditions out of which the disputes arose shall be made
by the parties to the controversy, except by agreement of the parties.
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Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Presidential Documents
Sec. 4. Records Maintenance. The records and files of the Board are records
of the Office of the President and upon the Board’s termination shall be
maintained in the physical custody of the National Mediation Board.
Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
THE WHITE HOUSE,
December 6, 2006.
Billing code 3195–01–P
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Federal Register / Vol. 71, No. 236 / Friday, December 8, 2006 / Presidential Documents
Labor Organizations
International Association of Machinists & Aerospace Workers
International Brotherhood of Electrical Workers
International Brotherhood of Teamsters
Service Employees International Union-National Conference of Firemen &
Oilers
Sheet Metal Workers’ International Association
Transportation Communications International Union (including Transpor-
tation Communications International Union - American Railway and Airline
Supervisors Association)
Transport Workers Union of America
[FR Doc. 06–9632
Filed 12–7–06; 8:50 am]
Billing code 3195–01–P
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| Establishing an Emergency Board To Investigate Disputes Between Metro-North Railroad and Certain of Its Employees Represented by Certain Labor Organizations | 2006-12-06T00:00:00 | 5caf88a3bc017c389b772df4deb53e0e55b4c4450ff93e5ef98cfa069242547a |
Presidential Executive Order | 06-9561 (13415) | Presidential Documents
70641
Federal Register
Vol. 71, No. 233
Tuesday, December 5, 2006
Title 3—
The President
Executive Order 13415 of December 1, 2006
Assignment of Certain Pay-Related Functions
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Assignment of Functions. The functions of the President under
sections 4505a, 5305, and 5377 of title 5, United States Code, are assigned
to the Director of the Office of Personnel Management.
Sec. 2. Revocations. (a) Sections 3 and 6 of Executive Order 12748 of
February 1, 1991, as amended, are revoked. Sections 4, 5, 7, 8, and 9
of Executive Order 12748 are renumbered as sections 3, 4, 5, 6, and 7,
respectively.
(b) Section 2 of Executive Order 12828 of January 5, 1993, is revoked.
Section 3 of Executive Order 12828 is renumbered as section 2.
Sec. 3. General Provision. This order is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable at law
or in equity against the United States, its departments, agencies, entities,
officers, employees, or agents, or any other person.
THE WHITE HOUSE,
December 1, 2006.
[FR Doc. 06–9561
Filed 12–4–06; 8:49 am]
Billing code 3195–01–P
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| Assignment of Certain Pay-Related Functions | 2006-12-01T00:00:00 | 4eeeb8dda0caca4bc40d820492db26450d419dc37951cc99c34181e15cd2dcc6 |
Presidential Executive Order | 06-9770 (13418) | Presidential Documents
75647
Federal Register
Vol. 71, No. 242
Monday, December 18, 2006
Title 3—
The President
Executive Order 13418 of December 14, 2006
Amendment to Executive Order 13317, Volunteers for Pros-
perity
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to add combating malaria as
one of the objectives of the global prosperity agenda, it is hereby ordered
that section 1(a) of Executive Order 13317 of September 25, 2003, is amended
by:
(a) striking ‘‘, and stemming the spread of HIV/AIDS.’’ and inserting in
lieu thereof ‘‘, stemming the spread of HIV/AIDS and controlling malaria.’’;
and
(b) striking ‘‘, and the Middle East Partnership Initiative.’’ and inserting
in lieu thereof ‘‘, the Middle East Partnership Initiative, and the President’s
Malaria Initiative.’’.
THE WHITE HOUSE,
December 14, 2006.
[FR Doc. 06–9770
Filed 12–15–06; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-8769 (13412) | Presidential Documents
61369
Federal Register
Vol. 71, No. 200
Tuesday, October 17, 2006
Title 3—
The President
Executive Order 13412 of October 13, 2006
Blocking Property of and Prohibiting Transactions With the
Government of Sudan
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.)(NEA), and section 301 of title 3, United
States Code, and taking appropriate account of the Darfur Peace and Account-
ability Act of 2006 (the ‘‘Act’’),
I, GEORGE W. BUSH, President of the United States of America, find that,
due to the continuation of the threat to the national security and foreign
policy of the United States created by certain policies and actions of the
Government of Sudan that violate human rights, in particular with respect
to the conflict in Darfur, where the Government of Sudan exercises adminis-
trative and legal authority and pervasive practical influence, and due to
the threat to the national security and foreign policy of the United States
posed by the pervasive role played by the Government of Sudan in the
petroleum and petrochemical industries in Sudan, it is in the interests
of the United States to take additional steps with respect to the national
emergency declared in Executive Order 13067 of November 3, 1997. Accord-
ingly, I hereby order:
Section 1. Except to the extent provided in section 203(b) of IEEPA (50
U.S.C. 1702(b)) or in regulations, orders, directives, or licenses that may
be issued pursuant to this order, all property and interests in property
of the Government of Sudan 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 United States persons, including their overseas
branches, are blocked and may not be transferred, paid, exported, withdrawn,
or otherwise dealt in.
Sec. 2. Except to the extent provided in section 203(b) of IEEPA (50 U.S.C.
1702(b)) or in regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of this order,
all transactions by United States persons relating to the petroleum or petro-
chemical industries in Sudan, including, but not limited to, oilfield services
and oil or gas pipelines, are prohibited.
Sec. 3. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 4. (a) Subject to paragraph (b) of this section, restrictions imposed
by this order shall be in addition to, and do not derogate from, restrictions
imposed in and under Executive Order 13067.
(b)(i) None of the prohibitions in section 2 of Executive Order 13067 shall
apply to activities or related transactions with respect to Southern Sudan,
Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur,
or marginalized areas in and around Khartoum, provided that the activities
or transactions do not involve any property or interests in property of
the Government of Sudan.
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(ii) The Secretary of State, after consultation with the Secretary of the
Treasury, may define the term ‘‘Southern Sudan, Southern Kordofan/Nuba
Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas in
and around Khartoum’’ for the purposes of this order.
(c) The function of the President under subsection 6(c)(1) of the Comprehen-
sive Peace in Sudan Act of 2004 (Public Law 108–497), as amended by
section 5(a)(3) of the Act, is assigned to the Secretary of the Treasury
as appropriate in the performance of such function.
(d) The functions of the President under subsection 6(c)(2) and the last
sentence of 6(d) of the Comprehensive Peace in Sudan Act of 2004 (Public
Law 108–497), as amended by subsections 5(a)(3) and (b), respectively, of
the Act, are assigned to the Secretary of State, except that the function
of denial of entry is assigned to the Secretary of Homeland Security.
(e) The functions of the President under sections 7 and 8 of the Act are
assigned to the Secretary of State.
Sec. 5. Nothing in this order shall prohibit:
(a) transactions for the conduct of the official business of the Federal Govern-
ment or the United Nations by employees thereof; or
(b) transactions in Sudan for journalistic activity by persons regularly em-
ployed in such capacity by a news-gathering organization.
Sec. 6. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen, perma-
nent resident alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including foreign branches),
or any person in the United States; and
(d) the term ‘‘Government of Sudan’’ includes the Government of Sudan,
its agencies, instrumentalities, and controlled entities, and the Central Bank
of Sudan, but does not include the regional government of Southern Sudan.
Sec. 7. For those persons whose property and interests in property are
blocked pursuant to section 1 of this order who might have a constitutional
presence in the United States, I find that, because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of meas-
ures to be taken pursuant to this order would render these measures ineffec-
tual. I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 13067 there need be
no prior notice of a determination made pursuant to section 1 of this
order.
Sec. 8. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized 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 this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government, consistent
with applicable law. All executive agencies of the United States Government
are hereby directed to take all appropriate measures within their authority
to carry out the provisions of this order and, where appropriate, to advise
the Secretary of the Treasury in a timely manner of the measures taken.
The Secretary of the Treasury shall ensure compliance with those provisions
of section 401 of the NEA (50 U.S.C. 1641) applicable to the Department
of the Treasury in relation to this order.
Sec. 9. This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
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Sec. 10. This order shall take effect upon the enactment of the Darfur
Peace and Accountability Act of 2006.
THE WHITE HOUSE,
October 13, 2006.
[FR Doc. 06–8769
Filed 10–16–06; 11:27 am]
Billing code 3195–01–P
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| Blocking Property of and Prohibiting Transactions With the Government of Sudan | 2006-10-13T00:00:00 | b453afa4e690e7a5c30b1490a12eb01b354db18703bdeeeb75e78c74fcfb0b9c |
Presidential Executive Order | 06-7492 (13411) | Presidential Documents
52729
Federal Register
Vol. 71, No. 172
Wednesday, September 6, 2006
Title 3—
The President
Executive Order 13411 of August 29, 2006
Improving Assistance for Disaster Victims
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121
et seq.) (the ‘‘Stafford Act’’), and to take further actions to improve the
delivery of Federal disaster assistance, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the Federal Government to ensure
that individuals who are victims of a terrorist attack, natural disaster, or
other incident that is the subject of an emergency or major disaster declaration
under the Stafford Act, and who are thereby eligible for financial or other
assistance delivered by any department or agency of the executive branch
(Federal disaster assistance), have prompt and efficient access to Federal
disaster assistance, as well as information regarding assistance available
from State and local government and private sector sources.
Sec. 2. Task Force on Disaster Assistance Coordination. (a) Plan to Improve
Delivery of Federal Disaster Assistance. To further the policy in section
1 of this order, there is established the interagency ‘‘Task Force on Disaster
Assistance Coordination’’ (Task Force). The Task Force shall develop a plan
to streamline and otherwise improve the delivery of Federal disaster assist-
ance (Plan). The Plan shall:
(i) include an inventory of Federal disaster assistance programs and assess
the effectiveness of their respective delivery mechanisms;
(ii) recommend specific actions to improve the delivery of Federal disaster
assistance, which shall include actions to provide a centralized application
process for Federal disaster assistance, provide a centralized and continu-
ously updated clearinghouse from which disaster victims may obtain informa-
tion regarding Federal disaster assistance and State and local government
and private sector sources of disaster assistance, reduce unnecessarily dupli-
cative application forms and processes for Federal disaster assistance, and
strengthen controls designed to prevent improper payments and other forms
of fraud, waste, and abuse; and
(iii) include an implementation schedule for the Plan’s recommendations
that provides for the phased implementation of the Plan by December 31,
2008, including quarterly milestones and metrics to be used to measure
and evaluate implementation.
(b) Membership of the Task Force. (i) The Task Force shall consist exclusively
of the following members, or their designees who shall be at the Assistant
Secretary level (or its equivalent) or higher:
(A) the Secretary of Homeland Security, who shall serve as Chair;
(B) the Secretary of the Treasury;
(C) the Secretary of Defense;
(D) the Attorney General;
(E) the Secretary of Agriculture;
(F) the Secretary of Commerce;
(G) the Secretary of Labor;
(H) the Secretary of Health and Human Services;
(I) the Secretary of Housing and Urban Development;
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(J) the Secretary of Education;
(K) the Secretary of Veterans Affairs;
(L) the Director of the Office of Personnel Management;
(M) the Commissioner of Social Security;
(N) the Administrator of the Small Business Administration;
(O) the Director of the Office of Management and Budget; and
(P) such other officers of the United States as the Secretary of Homeland
Security may designate from time to time.
(ii) The Secretary of Homeland Security, or the Secretary’s designee, shall
convene and preside at meetings of the Task Force, determine its agenda,
direct its work, and, as appropriate to address specific subject matters,
establish and direct subgroups of the Task Force. A member of the Task
Force may designate, to perform Task Force subgroup functions of the mem-
ber, any person who is part of such member’s department or agency and
who is either an officer of the United States appointed by the President
or a member of the Senior Executive Service.
(c) Plan Approval and Implementation. Not later than March 1, 2007, the
Secretary of Homeland Security shall submit the Plan to the President for
approval through the Assistant to the President for Homeland Security and
Counterterrorism and the Director of the Office of Management and Budget.
Upon approval of the Plan by the President, the Secretary of Homeland
Security, assisted by the Task Force, shall coordinate the implementation
of the Plan. Until the completion of such implementation, the Secretary
of Homeland Security shall submit a quarterly progress report to the Assistant
to the President for Homeland Security and Counterterrorism and the Director
of the Office of Management and Budget.
Sec. 3. Assistance and Support. To the extent permitted by law, the heads
of all executive departments and agencies shall provide such assistance
and information as the Secretary of Homeland Security may request in
carrying out the Secretary’s responsibilities under this order. Consistent
with applicable law and subject to the availability of appropriations, the
Department of Homeland Security shall provide necessary funding and ad-
ministrative support for the Task Force.
Sec. 4. Administration. This order shall: (a) be implemented in a manner
consistent with applicable laws, including Federal laws protecting the infor-
mation privacy rights and other legal rights of Americans, and subject to
the availability of appropriations;
(b) be implemented in a manner consistent with the statutory authority
of the principal officers of executive departments and agencies as heads
of their respective departments or agencies; and
(c) not be construed to impair or otherwise affect the functions of the
Director of the Office of Management and Budget relating to budget, adminis-
trative, regulatory, and legislative responsibilities.
Sec. 5. Judicial Review. This order is intended only to improve the internal
management of the Federal Government and is not intended to, and does
not, create any rights or benefits, substantive or procedural, enforceable
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at law or in equity by a party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other person.
W
THE WHITE HOUSE,
August 29, 2006.
[FR Doc. 06–7492
Filed 9–5–06; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-7220 (13410) | Presidential Documents
51089
Federal Register
Vol. 71, No. 166
Monday, August 28, 2006
Title 3—
The President
Executive Order 13410 of August 22, 2006
Promoting Quality and Efficient Health Care in Federal Gov-
ernment Administered or Sponsored Health Care Programs
By the authority vested in me as President by the Constitution and the
laws of the United States, and in order to promote federally led efforts
to implement more transparent and high-quality health care, it is hereby
ordered as follows:
Section 1. Purpose. It is the purpose of this order to ensure that health
care programs administered or sponsored by the Federal Government promote
quality and efficient delivery of health care through the use of health informa-
tion technology, transparency regarding health care quality and price, and
better incentives for program beneficiaries, enrollees, and providers. It is
the further purpose of this order to make relevant information available
to these beneficiaries, enrollees, and providers in a readily useable manner
and in collaboration with similar initiatives in the private sector and non-
Federal public sector. Consistent with the purpose of improving the quality
and efficiency of health care, the actions and steps taken by Federal Govern-
ment agencies should not incur additional costs for the Federal Government.
Sec. 2. Definitions. For purposes of this order:
(a) ‘‘Agency’’ means an agency of the Federal Government that administers
or sponsors a Federal health care program.
(b) ‘‘Federal health care program’’ means the Federal Employees Health
Benefit Program, the Medicare program, programs operated directly by the
Indian Health Service, the TRICARE program for the Department of Defense
and other uniformed services, and the health care program operated by
the Department of Veterans Affairs. For purposes of this order, ‘‘Federal
health care program’’ does not include State operated or funded federally
subsidized programs such as Medicaid, the State Children’s Health Insurance
Program, or services provided to Department of Veterans’ Affairs beneficiaries
under 38 U.S.C. 1703.
(c) ‘‘Interoperability’’ means the ability to communicate and exchange data
accurately, effectively, securely, and consistently with different information
technology systems, software applications, and networks in various settings,
and exchange data such that clinical or operational purpose and meaning
of the data are preserved and unaltered.
(d) ‘‘Recognized interoperability standards’’ means interoperability standards
recognized by the Secretary of Health and Human Services (the ‘‘Secretary’’),
in accordance with guidance developed by the Secretary, as existing on
the date of the implementation, acquisition, or upgrade of health information
technology systems under subsections (1) or (2) of section 3(a) of this order.
Sec. 3. Directives for Agencies. Agencies shall perform the following func-
tions:
(a) Health Information Technology.
(1) For Federal Agencies. As each agency implements, acquires, or upgrades
health information technology systems used for the direct exchange of
health information between agencies and with non-Federal entities, it
shall utilize, where available, health information technology systems and
products that meet recognized interoperability standards.
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(2) For Contracting Purposes. Each agency shall require in contracts or
agreements with health care providers, health plans, or health insurance
issuers that as each provider, plan, or issuer implements, acquires, or
upgrades health information technology systems, it shall utilize, where
available, health information technology systems and products that meet
recognized interoperability standards.
(b) Transparency of Quality Measurements.
(1) In General. Each agency shall implement programs measuring the
quality of services supplied by health care providers to the beneficiaries
or enrollees of a Federal health care program. Such programs shall be
based upon standards established by multi-stakeholder entities identified
by the Secretary or by another agency subject to this order. Each agency
shall develop its quality measurements in collaboration with similar initia-
tives in the private and non-Federal public sectors.
(2) Facilitation. An agency satisfies the requirements of this subsection
if it participates in the aggregation of claims and other appropriate data
for the purposes of quality measurement. Such aggregation shall be based
upon standards established by multi-stakeholder entities identified by the
Secretary or by another agency subject to this order.
(c) Transparency of Pricing Information. Each agency shall make available
(or provide for the availability) to the beneficiaries or enrollees of a Federal
health care program (and, at the option of the agency, to the public) the
prices that it, its health insurance issuers, or its health insurance plans
pay for procedures to providers in the health care program with which
the agency, issuer, or plan contracts. Each agency shall also, in collaboration
with multi-stakeholder groups such as those described in subsection (b)(1),
participate in the development of information regarding the overall costs
of services for common episodes of care and the treatment of common
chronic diseases.
(d) Promoting Quality and Efficiency of Care. Each agency shall develop
and identify, for beneficiaries, enrollees, and providers, approaches that
encourage and facilitate the provision and receipt of high-quality and efficient
health care. Such approaches may include pay-for-performance models of
reimbursement consistent with current law. An agency will satisfy the re-
quirements of this subsection if it makes available to beneficiaries or enrollees
consumer-directed health care insurance products.
Sec. 4. Implementation Date. Agencies shall comply with the requirements
of this order by January 1, 2007.
Sec. 5. Administration and Judicial Review.
(a) This order does not assume or rely upon additional Federal resources
or spending to promote quality and efficient health care. Further, the actions
directed by this order shall be carried out subject to the availability of
appropriations and to the maximum extent permitted by law.
(b) This order shall be implemented in new contracts or new contract
cycles as they may be renewed from time to time. Renegotiation outside
of the normal contract cycle processes should be avoided.
(c) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity against the United
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States, its departments, agencies, or entities, its officers, employees, or agents,
or any other person.
W
THE WHITE HOUSE,
August 22, 2006.
[FR Doc. 06–7220
Filed 8–25–06; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-9020 (13413) | Presidential Documents
64105
Federal Register
Vol. 71, No. 210
Tuesday, October 31, 2006
Title 3—
The President
Executive Order 13413 of October 27, 2006
Blocking Property of Certain Persons Contributing to the
Conflict in the Democratic Republic of the Congo
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c) (UNPA), and section 301
of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, determine
that the situation in or in relation to the Democratic Republic of the Congo,
which has been marked by widespread violence and atrocities that continue
to threaten regional stability and was addressed by the United Nations
Security Council in Resolution 1596 of April 18, 2005, Resolution 1649
of December 21, 2005, and Resolution 1698 of July 31, 2006, constitutes
an unusual and extraordinary threat to the foreign policy of the United
States and hereby declare a national emergency to deal with that threat.
To address that threat, I hereby order:
Section 1. (a) Except to the extent that section 203(b)(1), (3), and (4) of
the IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)) may apply, or to the extent
provided in regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of this order,
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 United States persons, including their overseas
branches, 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; and
(ii) any person determined by the Secretary of the Treasury, after consulta-
tion with the Secretary of State:
(A) to be a political or military leader of a foreign armed group operating
in the Democratic Republic of the Congo that impedes the disarmament,
repatriation, or resettlement of combatants;
(B) to be a political or military leader of a Congolese armed group that
impedes the disarmament, demobilization, or reintegration of combatants;
(C) to be a political or military leader recruiting or using children in
armed conflict in the Democratic Republic of the Congo in violation of
applicable international law;
(D) to have committed serious violations of international law involving
the targeting of children in situations of armed conflict in the Democratic
Republic of the Congo, including killing and maiming, sexual violence,
abduction, and forced displacement;
(E) to have directly or indirectly supplied, sold, or transferred to the
Democratic Republic of the Congo, or been the recipient in the territory
of the Democratic Republic of the Congo of, arms and related materiel,
including military aircraft and equipment, or advice, training, or assistance,
including financing and financial assistance, related to military activities;
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(F) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services in support of, the activities
described in subsections (a)(ii)(A) through (E) of this section or any person
listed in or designated pursuant to this order; or
(G) to be owned or controlled by, or acting or purporting to act for
or on behalf of, directly or indirectly, any person listed in or designated
pursuant to this order.
(b) I hereby determine that, to the extent section 203(b)(2) of the IEEPA
(50 U.S.C. 1702(b)(2)) may apply, the making of donations of the type
of articles specified in such section by, to, or for the benefit of any
person listed in or designated pursuant to subsection (a) of this section
would seriously impair my ability to deal with the national emergency
declared in this order, and I hereby prohibit such donations as provided
by subsection (a) of this section.
(c) The prohibitions in subsection (a) of this section include but are
not limited to (i) the making of any contribution or provision of funds,
goods, or services by, to, or for the benefit of any person listed in or
designated pursuant to subsection (a) of this section, and (ii) the receipt
of any contribution or provision of funds, goods, or services from any
such person.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen, perma-
nent resident alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including foreign branches),
or any person in the United States.
Sec. 4. For those persons listed in or designated pursuant to this order
who might have a constitutional presence in the United States, I find that,
because of the ability to transfer funds or other assets instantaneously,
prior notice to such persons of measures to be taken pursuant to this order
would render these measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency declared
in this order, there need be no prior notice of a listing or determination
made pursuant to subsection 1(a) of this order.
Sec. 5. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by the IEEPA and the UNPA as may be necessary to carry out the purposes
of this order. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States Government,
consistent with applicable law. All executive agencies of the United States
Government are hereby directed to take all appropriate measures within
their authority to carry out the provisions of this order and, where appro-
priate, to advise the Secretary of the Treasury in a timely manner of the
measures taken. The Secretary of the Treasury shall ensure compliance
with those provisions of section 401 of the NEA (50 U.S.C. 1641) applicable
to the Department of the Treasury in relation to this order.
Sec. 6. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to submit the recurring and final reports
to the Congress on the national emergency declared in this order, consistent
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with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
the IEEPA (50 U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized, subsequent to the issuance of this order,
to determine, and to take necessary action to give effect to that determination,
that circumstances no longer warrant the blocking of the property and inter-
ests in property of, or the prohibiting of transactions with, a person listed
in the Annex to this order.
Sec. 8. This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
Sec. 9. This order is effective at 12:01 a.m. eastern standard time on October
30, 2006.
THE WHITE HOUSE,
October 27, 2006.
Billing code 3195–01–P
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[FR Doc. 06–9020
Filed 10–30–06; 12:12 pm]
Billing code 4810–25–C
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Presidential Executive Order | 06-9896 (13420) | Presidential Documents
77571
Federal Register
Vol. 71, No. 247
Tuesday, December 26, 2006
Title 3—
The President
Executive Order 13420 of December 21, 2006
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102–40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior
executives in the Senior Executive Service, as established pursuant to 5
U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part
hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of
basic pay or salaries for the following offices and positions are set forth
on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31,
and section 137 of Public Law 109–289, division B, as amended by section
7 of Public Law 109–383) at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a); section
140 of Public Law 97–92), at Schedule 7.
Sec. 4. Uniformed Services. Pursuant to section 601(a)-(c) of Public Law
109–364, the rates of monthly basic pay (37 U.S.C. 203(a)) for members
of the uniformed services, as adjusted under 37 U.S.C. 1009, and the rate
of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on
Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments.
(a) Pursuant to 5 U.S.C. 5304a, locality-based comparability payments
shall be paid in accordance with Schedule 9 attached hereto and made
a part hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for administrative
law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule
10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Rates for the Congress, under Schedule 6, are effective
on February 16, 2007. Schedule 7 reflects continuation of the pay rates
in effect as of the first day of the applicable pay period beginning on
or after January 1, 2006. Schedule 8 is effective on January 1, 2007. The
other schedules contained herein are effective on the first day of the first
applicable pay period beginning on or after January 1, 2007.
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Sec. 8. Prior Order Superseded. Executive Order 13393 of December 22,
2005, is superseded.
THE WHITE HOUSE,
December 21, 2006.
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[FR Doc. 06–9896
Filed 12–22–06; 10:38 am]
Billing code 6325–01–C
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| Adjustments of Certain Rates of Pay | 2006-12-21T00:00:00 | a0bf68c2309ac5d56eba9d1fcc88b644b57519007ad356bce1db4f8f9075ab74 |
Presidential Executive Order | 06-5828 (13406) | Presidential Documents
36973
Federal Register
Vol. 71, No. 124
Wednesday, June 28, 2006
Title 3—
The President
Executive Order 13406 of June 23, 2006
Protecting the Property Rights of the American People
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to strengthen the rights of the
American people against the taking of their private property, it is hereby
ordered as follows:
Section 1. Policy. It is the policy of the United States to protect the rights
of Americans to their private property, including by limiting the taking
of private property by the Federal Government to situations in which the
taking is for public use, with just compensation, and for the purpose of
benefiting the general public and not merely for the purpose of advancing
the economic interest of private parties to be given ownership or use of
the property taken.
Sec. 2. Implementation. (a) The Attorney General shall:
(i) issue instructions to the heads of departments and agencies to implement
the policy set forth in section 1 of this order; and
(ii) monitor takings by departments and agencies for compliance with
the policy set forth in section 1 of this order.
(b) Heads of departments and agencies shall, to the extent permitted by
law:
(i) comply with instructions issued under subsection (a)(i); and
(ii) provide to the Attorney General such information as the Attorney
General determines necessary to carry out subsection (a)(ii).
Sec. 3. Specific Exclusions. Nothing in this order shall be construed to
prohibit a taking of private property by the Federal Government, that other-
wise complies with applicable law, for the purpose of:
(a) public ownership or exclusive use of the property by the public,
such as for a public medical facility, roadway, park, forest, governmental
office building, or military reservation;
(b) projects designated for public, common carrier, public transportation,
or public utility use, including those for which a fee is assessed, that
serve the general public and are subject to regulation by a governmental
entity;
(c) conveying the property to a nongovernmental entity, such as a tele-
communications or transportation common carrier, that makes the property
available for use by the general public as of right;
(d) preventing or mitigating a harmful use of land that constitutes a
threat to public health, safety, or the environment;
(e) acquiring abandoned property;
(f) quieting title to real property;
(g) acquiring ownership or use by a public utility;
(h) facilitating the disposal or exchange of Federal property; or
(i) meeting military, law enforcement, public safety, public transportation,
or public health emergencies.
Sec. 4. General Provisions. (a) This order shall be implemented consistent
with applicable law and subject to the availability of appropriations.
(b) Nothing in this order shall be construed to impair or otherwise affect:
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(i) authority granted by law to a department or agency or the head thereof;
or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(c) This order shall be implemented in a manner consistent with Executive
Order 12630 of March 15, 1988.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity against
the United States, its departments, agencies, entities, officers, employees,
or agents, or any other person.
W
THE WHITE HOUSE,
June 23, 2006.
[FR Doc. 06–5828
Filed 6–27–06; 8:45 am]
Billing code 3195–01–P
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| Protecting the Property Rights of the American People | 2006-06-23T00:00:00 | db578a83c950ca743c25c836a08549ed48c95943093951844072b28ea3685fa7 |
Presidential Executive Order | 06-5829 (13407) | Presidential Documents
36975
Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Presidential Documents
Executive Order 13407 of June 26, 2006
Public Alert and Warning System
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Robert T. Stafford
Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121
et seq.), and the Homeland Security Act of 2002, as amended (6 U.S.C.
101 et seq.), it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to have an effective,
reliable, integrated, flexible, and comprehensive system to alert and warn
the American people in situations of war, terrorist attack, natural disaster,
or other hazards to public safety and well-being (public alert and warning
system), taking appropriate account of the functions, capabilities, and needs
of the private sector and of all levels of government in our Federal system,
and to ensure that under all conditions the President can communicate
with the American people.
Sec. 2. Functions of the Secretary of Homeland Security.
(a) To implement the policy set forth in section 1 of this order, the Secretary
of Homeland Security shall:
(i) inventory, evaluate, and assess the capabilities and integration with
the public alert and warning system of Federal, State, territorial, tribal,
and local public alert and warning resources;
(ii) establish or adopt, as appropriate, common alerting and warning proto-
cols, standards, terminology, and operating procedures for the public alert
and warning system to enable interoperability and the secure delivery of
coordinated messages to the American people through as many communica-
tion pathways as practicable, taking account of Federal Communications
Commission rules as provided by law;
(iii) ensure the capability to adapt the distribution and content of commu-
nications on the basis of geographic location, risks, or personal user pref-
erences, as appropriate;
(iv) include in the public alert and warning system the capability to
alert and warn all Americans, including those with disabilities and those
without an understanding of the English language;
(v) through cooperation with the owners and operators of communication
facilities, maintain, protect, and, if necessary, restore communications facili-
ties and capabilities necessary for the public alert and warning system;
(vi) ensure the conduct of training, tests, and exercises for the public
alert and warning system;
(vii) ensure the conduct of public education efforts so that State, territorial,
tribal, and local governments, the private sector, and the American people
understand the functions of the public alert and warning system and how
to access, use, and respond to information from the public alert and warning
system;
(viii) consult, coordinate, and cooperate with the private sector, including
communications media organizations, and Federal, State, territorial, tribal,
and local governmental authorities, including emergency response providers,
as appropriate;
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(ix) administer the Emergency Alert System (EAS) as a critical component
of the public alert and warning system; and
(x) ensure that under all conditions the President of the United States
can alert and warn the American people.
(b) In performing the functions set forth in subsection (a) of this section,
the Secretary of Homeland Security shall coordinate with the Secretary
of Commerce, the heads of other departments and agencies of the executive
branch (agencies), and other officers of the United States, as appropriate,
and the Federal Communications Commission.
(c) The Secretary of Homeland Security may issue guidance to implement
this order.
Sec. 3. Duties of Heads of Departments and Agencies.
(a) The heads of agencies shall provide such assistance and information
as the Secretary of Homeland Security may request to implement this order.
(b) In addition to performing the duties specified under subsection (a) of
this section:
(i) the Secretary of Commerce shall make available to the Secretary of
Homeland Security, to assist in implementing this order, the capabilities
and expertise of the Department of Commerce relating to standards, tech-
nology, telecommunications, dissemination systems, and weather;
(ii) the Secretary of Defense shall provide to the Secretary of Homeland
Security requirements for the public alert and warning system necessary
to ensure proper coordination of the functions of the Department of Defense
with the use of such system;
(iii) the Federal Communications Commission shall, as provided by law,
adopt rules to ensure that communications systems have the capacity to
transmit alerts and warnings to the public as part of the public alert and
warning system; and
(iv) the heads of agencies with capabilities for public alert and warning
shall comply with guidance issued by the Secretary of Homeland Security
under subsection 2(c) of this order, and shall develop and maintain such
capabilities in a manner consistent and interoperable with the public alert
and warning system.
Sec. 4. Reports on Implementation. Not later than 90 days after the date
of this order, the Secretary of Homeland Security shall submit to the Presi-
dent, through the Assistant to the President for Homeland Security and
Counterterrorism, a plan for the implementation of this order, and shall
thereafter submit reports from time to time, and not less often than once
each year, on such implementation, together with any recommendations
the Secretary finds appropriate.
Sec. 5. Amendment, Revocation, and Transition.
(a) Section 3(b)(4) of Executive Order 12472 of April 3, 1984, as amended,
is further amended by striking ‘‘Emergency Broadcast System’’ and inserting
in lieu thereof ‘‘Emergency Alert System’’.
(b) Not later than 120 days after the date of this order, the Secretary of
Homeland Security, after consultation with the Assistant to the President
for Homeland Security and Counterterrorism, shall issue guidance under
section 2(c) of this order that shall address the subject matter of the presi-
dential memorandum of September 15, 1995, for the Director, Federal Emer-
gency Management Agency, on Presidential Communications with the Gen-
eral Public During Periods of National Emergency, and upon issuance of
such guidance such memorandum is revoked.
(c) The Secretary of Homeland Security shall ensure an orderly and effec-
tive transition, without loss of capability, from alert and warning systems
available as of the date of this order to the public alert and warning system
for which this order provides.
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Sec. 6. General Provisions. (a) This order shall be implemented in a manner
consistent with:
(i) applicable law and presidential guidance, including Executive Order
12472 of April 3, 1984, as amended, and subject to the availability of
appropriations; and
(ii) the authorities of agencies, or heads of agencies, vested by law.
(b) This order shall not be construed to impair or otherwise affect the
functions of the Director of the Office of Management and Budget relating
to budget, administrative, and legislative proposals.
(c) This order is not intended to, and does not, create any rights or benefits,
substantive or procedural, enforceable at law or in equity by a party against
the United States, its agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.
W
THE WHITE HOUSE,
June 26, 2006.
[FR Doc. 06–5829
Filed 6–27–06; 8:45 am]
Billing code 3195–01–P
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| Public Alert and Warning System | 2006-06-26T00:00:00 | 213b02e66d895dd3973bc173dda67daea4e87f34b6a28e2f214fc4eff569601c |
Presidential Executive Order | 06-6101 (13409) | Presidential Documents
38511
Federal Register
Vol. 71, No. 130
Friday, July 7, 2006
Title 3—
The President
Executive Order 13409 of July 3, 2006
Establishing an Emergency Board To Investigate a Dispute
Between Southeastern Pennsylvania Transportation Authority
and Its Locomotive Engineers Represented by the Brother-
hood of Locomotive Engineers and Trainmen
A dispute exists between Southeastern Pennsylvania Transportation Author-
ity (SEPTA) and its employees represented by the Brotherhood of Locomotive
Engineers and Trainmen (BLET).
The dispute has not heretofore been adjusted under the provisions of the
Railway Labor Act, as amended, 45 U.S.C. 151–188 (RLA).
A party empowered by the RLA has requested that the President establish
an emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a).
Section 9A(c) of the RLA provides that the President, upon such request,
shall appoint an emergency board to investigate and report on the dispute.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the RLA, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (Board). There is established,
effective 12:01 a.m. eastern daylight time on July 8, 2006, a Board of three
members to be appointed by the President to investigate and report on
this dispute. No member shall be pecuniarily or otherwise interested in
any organization of railroad employees or any carrier. The Board shall per-
form its functions subject to the availability of funds.
Sec. 2. Report. The Board shall report to the President with respect to
this dispute within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the RLA,
from the date of the creation of the Board and for 120 days thereafter,
no change in the conditions out of which the dispute arose shall be made
by the parties to the controversy, except by agreement of the parties.
Sec. 4. Records Maintenance. The records and files of the Board are records
of the Office of the President and upon the Board’s termination shall be
maintained in the physical custody of the National Mediation Board.
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Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
W
THE WHITE HOUSE,
July 3, 2006.
[FR Doc. 06–6101
Filed 7–6–06; 8:45 am]
Billing code 3195–01–P
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| Establishing an Emergency Board To Investigate a Dispute Between Southeastern Pennsylvania Transportation Authority and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen | 2006-07-03T00:00:00 | dea4662efad20fd98b2c3c385552bbf50a3e08571e07c7d3e96fa29d81265d9d |
Presidential Executive Order | 06-4652 (13403) | Presidential Documents
28543
Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Presidential Documents
Executive Order 13403 of May 12, 2006
Amendments to Executive Orders 11030, 13279, 13339,
13381, and 13389, and Revocation of Executive Order 13011
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Executive Order 11030 of June 19, 1962, as amended, is further
amended;
(a) in subsection 1(f):
(i) by striking ‘‘typewritten’’ and inserting ‘‘prepared’’
(ii) by striking ‘‘8 x 13’’ and inserting ‘‘8.5 x 14’’ and
(iii) by striking ‘‘1 1/2’’ and inserting ‘‘1’’
(b) in subsection 2(a), by striking ‘‘, with seven copies thereof,’’
(c) by striking subsections 2(c) and 2 (d) and relettering subsection ‘‘2(e)’’
as ‘‘2(c)’’;
(d) in section 5, by striking ‘‘Section 12 of the Federal Register Act’’
and inserting in lieu thereof ‘‘section 1511 of title 44, United States
Code’’ and
(e) in section 6, by striking ‘‘Section 5(a) of the Federal Register Act’’
and inserting in lieu thereof ‘‘subsection 1505(a) of title 44, United States
Code’’.
Sec. 2. Section 1(e) of Executive Order 13279 of December 12, 2002, is
amended to read as follows: ‘‘(e) ’Specified agency heads’ mean the Attorney
General, the Secretaries of Agriculture, Commerce, Education, Health and
Human Services, Homeland Security, Housing and Urban Development,
Labor, and Veterans Affairs, the Administrators of the Agency for Inter-
national Development and the Small Business Administration, and the head
of any other department or agency in the executive branch in which the
President creates a Center for Faith-Based and Community Initiatives.’’
Sec. 3. Section 9 of Executive Order 13339 of May 13, 2004, is amended
by deleting ‘‘2 years from the date of this order, unless renewed by the
President’’ and inserting in lieu thereof ‘‘May 13, 2007, unless extended
beyond that date by the President’’.
Sec. 4. Section 6(b) of Executive Order 13381 of June 27, 2005, is amended
by striking ‘‘Unless extended by the President, this order shall expire’’
and inserting in lieu thereof ‘‘The provisions of this order (other than sub-
section 5(b) and the amendment made thereby) shall, unless extended by
the President, expire’’.
Sec. 5. Section 3 of Executive Order 13389 of November 1, 2005, is amended:
(a) by inserting ‘‘and’’ after the semicolon at the end of subsection (a);
(b) by striking ‘‘; and’’ at the end of subsection 3(b) and inserting a
period in lieu thereof; and
(c) by striking subsection (c).
Sec. 6. Executive Order 13011 of July 16, 1996 (Federal Information Tech-
nology), is revoked.
Sec. 7. 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
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party against the United States, its departments, agencies, instrumentalities,
or entities, its officers or employees, or any other person.
W
THE WHITE HOUSE,
May 12, 2006.
[FR Doc. 06–4652
Filed 5–15–06; 12:10 pm]
Billing code 3195–01–P
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Presidential Executive Order | 06-5984 (13408) | Presidential Documents
37807
Federal Register
Vol. 71, No. 127
Monday, July 3, 2006
Title 3—
The President
Executive Order 13408 of June 29, 2006
Amending Executive Order 13381, As Amended, To Extend
its Duration by One Year
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to extend by 1 year
the duration of Executive Order 13381 of June 27, 2005, it is hereby ordered
that:
Section 1. Section 6(a) of Executive Order 13381 is amended by striking
‘‘April 1, 2006’’ and inserting in lieu thereof ‘‘April 1, 2007’’.
Sec. 2. Section 6(b) of Executive Order 13381 is amended by striking ‘‘July
1, 2006’’ and inserting in lieu thereof ‘‘July 1, 2007’’.
W
THE WHITE HOUSE,
June 29, 2006.
[FR Doc. 06–5984
Filed 6–30–06; 8:45 am]
Billing code 3195–01–P
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| Amending Executive Order 13381, As Amended, To Extend its Duration by One Year | 2006-06-29T00:00:00 | 8e6fa3158fe498908717e31b4a695fbe0f5e74c6c8c9255af715b0cac14eca7b |
Presidential Executive Order | 06-4552 (13402) | Presidential Documents
27945
Federal Register
Vol. 71, No. 93
Monday, May 15, 2006
Title 3—
The President
Executive Order 13402 of May 10, 2006
Strengthening Federal Efforts To Protect Against Identity
Theft
By the authority vested in me as President by the Constitution and the
laws of the United States of America, in order to strengthen efforts to
protect against identity theft, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to use Federal resources
effectively to deter, prevent, detect, investigate, proceed against, and pros-
ecute unlawful use by persons of the identifying information of other persons,
including through:
(a) increased aggressive law enforcement actions designed to prevent, inves-
tigate, and prosecute identity theft crimes, recover the proceeds of such
crimes, and ensure just and effective punishment of those who perpetrate
identity theft;
(b) improved public outreach by the Federal Government to better (i) educate
the public about identity theft and protective measures against identity
theft, and (ii) address how the private sector can take appropriate steps
to protect personal data and educate the public about identity theft; and
(c) increased safeguards that Federal departments, agencies, and instrumental-
ities can implement to better secure government-held personal data.
Sec. 2. Establishment of the Identity Theft Task Force.
(a) There is hereby established the Identity Theft Task Force.
(b) The Task Force shall consist exclusively of:
(i) the Attorney General, who shall serve as Chairman of the Task Force;
(ii) the Chairman of the Federal Trade Commission, who shall serve as
Co-Chairman of the Task Force;
(iii) the Secretary of the Treasury;
(iv) the Secretary of Commerce;
(v) the Secretary of Health and Human Services;
(vi) the Secretary of Veterans Affairs;
(vii) the Secretary of Homeland Security;
(viii) the Director of the Office of Management and Budget;
(ix) the Commissioner of Social Security;
(x) the following officers of the United States:
(A) the Chairman of the Board of Governors of the Federal Reserve
System;
(B) the Chairperson of the Board of Directors of the Federal Deposit
Insurance Corporation;
(C) the Comptroller of the Currency;
(D) the Director of the Office of Thrift Supervision;
(E) the Chairman of the National Credit Union Administration Board;
and
(F) the Postmaster General; and
(xi) such other officers of the United States as the Attorney General may
designate from time to time, with the concurrence of the respective heads
of departments and agencies concerned.
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(c) The Chairman and Co-Chairman shall convene and preside at the meetings
of the Task Force, determine its agenda, direct its work and, as appropriate,
establish and direct subgroups of the Task Force that shall consist exclusively
of members of the Task Force. Such subgroups may address particular subject
matters, such as criminal law enforcement or private sector education and
outreach. The Chairman and Co-Chairman may also designate, with the
concurrence of the head of department, agency, or instrumentality of which
the official is part, such other Federal officials as they deem appropriate
for participation in the Task Force subgroups.
(d) A member of the Task Force, including the Chairman and Co-Chairman,
may designate, to perform the Task Force or Task Force subgroup functions
of the member, any person who is a part of the member’s department,
agency, or instrumentality and who has high-level policy or operational
duties or responsibilities related to the mission of the Task Force.
Sec. 3. Functions of the Task Force. The Task Force, in implementing
the policy set forth in section 1 of this order, shall:
(a) review the activities of executive branch departments, agencies, and
instrumentalities relating to the policy set forth in section 1, and building
upon these prior activities, prepare and submit in writing to the President
within 180 days after the date of this order a coordinated strategic plan
to further improve the effectiveness and efficiency of the Federal Govern-
ment’s activities in the areas of identity theft awareness, prevention, detec-
tion, and prosecution;
(b) coordinate, as appropriate and subject to section 5(a) of this order,
Federal Government efforts related to implementation of the policy set forth
in section 1 of this order;
(c) obtain information and advice relating to the policy set forth in section
1 from representatives of State, local, and tribal governments, private sector
entities, and individuals, in a manner that seeks their individual advice
and does not involve collective judgment or consensus advice and delibera-
tion and without giving any such person a vote or a veto over the activities
or advice of the Task Force;
(d) promote enhanced cooperation by Federal departments and agencies
with State and local authorities responsible for the prevention, investigation,
and prosecution of significant identity theft crimes, including through avoid-
ing unnecessary duplication of effort and expenditure of resources; and
(e) provide advice on the establishment, execution, and efficiency of policies
and activities to implement the policy set forth in section 1:
(i) to the President in written reports from time to time, including rec-
ommendations for administrative action or proposals for legislation; and
(ii) to the heads of departments, agencies, and instrumentalities as appro-
priate from time to time within the discretion of the Chairman and the
Co-Chairman.
Sec. 4. Cooperation. (a) To the extent permitted by law and applicable
presidential guidance, executive departments, agencies, and instrumentalities
shall provide to the Task Force such information, support, and assistance
as the Task Force, through its Chairman and Co-Chairman, may request
to implement this order.
(b) The Task Force shall be located in the Department of Justice for adminis-
trative purposes, and to the extent permitted by law, the Department of
Justice shall provide the funding and administrative support the Task Force
needs to implement this order, as determined by the Attorney General.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an executive department, agency, or instru-
mentality or the head thereof; and
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(ii) functions of the Director of the Office of Management and Budget
relating to budget, 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 intended only to improve the internal management of
the Federal Government and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by a party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
Sec. 6. Termination. Unless the Task Force is sooner terminated by the
President, the Attorney General may terminate the Task Force by a written
notice of its termination published in the Federal Register.
W
THE WHITE HOUSE,
May 10, 2006.
[FR Doc. 06–4552
Filed 5–12–06; 8:45 am]
Billing code 3195–01–P
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| Strengthening Federal Efforts To Protect Against Identity Theft | 2006-05-10T00:00:00 | d049136f6532d3ef5dbfdbaf0bfa100316a04f9b5302e493c858419b89e2dd05 |
Presidential Executive Order | 06-5351 (13404) | Presidential Documents
33593
Federal Register
Vol. 71, No. 112
Monday, June 12, 2006
Title 3—
The President
Executive Order 13404 of June 7, 2006
Task Force on New Americans
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to strengthen the efforts
of the Department of Homeland Security and Federal, State, and local agen-
cies to help legal immigrants embrace the common core of American civic
culture, learn our common language, and fully become Americans, it is
hereby ordered as follows:
Section 1. Establishment. The Secretary of Homeland Security (Secretary)
shall immediately establish within the Department of Homeland Security
(Department) a Task Force on New Americans (Task Force).
Sec. 2. Membership and Operation. (a) The Task Force shall be limited
to the following members or employees designated by them at no lower
than the Assistant Secretary level or its equivalent:
(i) the Secretary of Homeland Security, who shall serve as Chair;
(ii) the Secretary of State;
(iii) the Secretary of the Treasury;
(iv) the Secretary of Defense;
(v) the Attorney General;
(vi) the Secretary of Agriculture;
(vii) the Secretary of Commerce;
(viii) the Secretary of Labor;
(ix) the Secretary of Health and Human Services;
(x) the Secretary of Housing and Urban Development;
(xi) the Secretary of Education;
(xii) such other officers or employees of the Department of Homeland
Security as the Secretary may from time to time designate; and
(xiii) such other officers of the United States as the Secretary may designate
from time to time, with the concurrence of the respective heads of depart-
ments and agencies concerned.
(b) The Secretary shall convene and preside at meetings of the Task Force,
direct its work, and as appropriate, establish and direct subgroups of the
Task Force that shall consist exclusively of Task Force members. The Sec-
retary shall designate an official of the Department to serve as the Executive
Secretary of the Task Force, and the Executive Secretary shall head the
staff assigned to the Task Force.
Sec. 3. Functions. Consistent with applicable law, the Task Force shall:
(a) provide direction to executive departments and agencies (agencies) con-
cerning the integration into American society of America’s legal immigrants,
particularly through instruction in English, civics, and history;
(b) promote public-private partnerships that will encourage businesses to
offer English and civics education to workers;
(c) identify ways to expand English and civics instruction for legal immi-
grants, including through faith-based, community, and other groups, and
ways to promote volunteer community service; and
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(d) make recommendations to the President, through the Secretary, from
time to time regarding:
(i) actions to enhance cooperation among agencies on the integration of
legal immigrants into American society;
(ii) actions to enhance cooperation among Federal, State, and local authori-
ties responsible for the integration of legal immigrants;
(iii) changes in rules, regulations, or policy to improve the effective integra-
tion of legal immigrants into American society; and
(iv) proposed legislation relating to the integration of legal immigrants
into American society.
Sec. 4. Administration. (a) To the extent permitted by law, the Department
shall provide the funding and administrative support the Task Force needs
to implement this order, as determined by the Secretary.
(b) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to an agency or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) This order is intended to improve the internal management of the Federal
Government. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or equity against
the United States, its departments, agencies, entities, instrumentalities, offi-
cers, employees, agents, or any other person.
W
THE WHITE HOUSE,
June 7, 2006.
[FR Doc. 06–5351
Filed 6–9–06; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-4132 (13401) | Presidential Documents
25737
Federal Register / Vol. 71, No. 83 / Monday, May 1, 2006 / Presidential Documents
Executive Order 13401 of April 27, 2006
Responsibilities of Federal Departments and Agencies With
Respect to Volunteer Community Service
By the authority vested in me as President by the Constitution and the
laws of the United States of America and in order to help ensure that
the Federal Government supports and encourages volunteer community serv-
ice, it is hereby ordered as follows:
Section 1. Designation of a Liaison for Volunteer Community Service. (a)
The head of each agency shall, within 20 days after the date of this order,
designate an officer or employee of such agency compensated at a level
at or above the minimum level of pay of a member of the Senior Executive
Service to serve under the authority of the head of the agency as the
agency liaison for volunteer community service (Liaison).
(b) The Liaison in each agency shall promote and support community
service on a voluntary basis among Federal employees, including those
approaching retirement; promote the use of skilled volunteers; and facilitate
public recognition for volunteer community service.
(c) The head of each agency shall prescribe arrangements within the
agency for support and supervision of the Liaison that ensure high priority
and substantial visibility for the function of the Liaison within the agency
under this order.
(d) Each executive agency shall provide its Liaison with appropriate admin-
istrative support and other resources to meet the responsibilities of the
Liaison under this order.
Sec. 2. Goals and Responsibilities of the Liaison. The Liaison shall foster
within the Liaison’s agency a culture of taking responsibility, service to
others, and good citizenship. Toward that end, the Liaison shall:
(a) identify, catalog, and review all activities of the agency that relate
to volunteer community service, including, but not limited to rules, orders,
grant programs, external relations, and other policies and practices, and
make such recommendations to the head of the agency for adjustments
as may be appropriate;
(b) actively work with USA Freedom Corps to promote volunteer commu-
nity service among agency employees by providing information about com-
munity service opportunities;
(c) coordinate within the agency actions to facilitate public recognition
for volunteer community service;
(d) promote, expand, and enhance skilled volunteer community service
opportunities;
(e) work with the USA Freedom Corps and the Director of the Office
of Personnel Management (OPM) to consider any appropriate changes in
agency policies or practices that are not currently consistent with OPM
guidance;
(f) coordinate the awarding of the President’s Volunteer Service Award
to recognize outstanding volunteer service by employees within the agency;
and
(g) act as a liaison with the USA Freedom Corps.
Sec. 3. Administrative Provisions. (a) The USA Freedom Corps shall provide
such information with respect to volunteer community service programs
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and activities and such advice and assistance as may be required by agencies
in performing their functions under this order.
(b) Executive Order 12820 of November 5, 1992, is revoked.
(c) This order shall be implemented consistent with applicable law and
subject to the availability of appropriations.
(d) As used in this order:
(i) ‘‘agency’’ has the meaning of ‘‘executive agency’’ as defined in sec-
tion 105 of title 5, United States Code; and
(ii) ‘‘USA Freedom Corps’’ means the Director of the USA Freedom
Corps Office established by section 4 of Executive Order 13254 of Jan-
uary 29, 2002.
Sec. 4. Reporting Provisions. (a) Not later than 180 days from the date
of this order and annually thereafter, each agency Liaison shall prepare
and submit a report to the USA Freedom Corps that includes a description
of the agency’s activities in performing its functions under this order.
(b) A Liaison’s first report under subsection (a) shall include annual per-
formance indicators and measurable objectives for agency action approved
by the head of the agency. Each report filed thereafter under subsection
(a) shall measure the agency’s performance against the indicators and objec-
tives approved by the head of the agency.
Sec. 5. Judicial Review. This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable by any party
at law or in equity against the United States, its departments, agencies,
entities, officers, employees, or agents, or any other person.
THE WHITE HOUSE,
April 27, 2006.
W
[FR Doc. 06–4132
Filed 4–28–06; 9:05 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-3865 (13398) | Presidential Documents
20519
Federal Register / Vol. 71, No. 77 / Friday, April 21, 2006 / Presidential Documents
Executive Order 13398 of April 18, 2006
National Mathematics Advisory Panel
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. To help keep America competitive, support American
talent and creativity, encourage innovation throughout the American econ-
omy, and help State, local, territorial, and tribal governments give the Na-
tion’s children and youth the education they need to succeed, it shall
be the policy of the United States to foster greater knowledge of and improved
performance in mathematics among American students.
Sec. 2. Establishment and Mission of Panel. (a) There is hereby established
within the Department of Education (Department) the National Mathematics
Advisory Panel (Panel).
(b) The Panel shall advise the President and the Secretary of Education
(Secretary) consistent with this order on means to implement effectively
the policy set forth in section 1, including with respect to the conduct,
evaluation, and effective use of the results of research relating to proven-
effective and evidence-based mathematics instruction.
Sec. 3. Membership and Chair of Panel. (a) The Panel shall consist of
no more than 30 members as follows:
(i) no more than 20 members from among individuals not employed by
the Federal Government, appointed by the Secretary for such terms as the
Secretary may specify at the time of appointment; and
(ii) no more than 10 members from among officers and employees of
Federal agencies, designated by the Secretary after consultation with the
heads of the agencies concerned.
(b) From among the members appointed under paragraph(3)(a)(i) of this
order, the Secretary shall designate a Chair of the Panel.
(c) Subject to the direction of the Secretary, the Chair of the Panel shall
convene and preside at meetings of the Panel, determine its agenda, direct
its work and, as appropriate to deal with particular subject matters, establish
and direct the work of subgroups of the Panel that shall consist exclusively
of members of the Panel.
Sec. 4. Report to the President on Strengthening Mathematics Education.
In carrying out subsection 2(b) of this order, the Panel shall submit to
the President, through the Secretary, a preliminary report not later than
January 31, 2007, and a final report not later than February 28, 2008.
Both reports shall, at a minimum, contain recommendations, based on the
best available scientific evidence, on the following:
(a) the critical skills and skill progressions for students to acquire com-
petence in algebra and readiness for higher levels of mathematics;
(b) the role and appropriate design of standards and assessment in pro-
moting mathematical competence;
(c) the processes by which students of various abilities and backgrounds
learn mathematics;
(d) instructional practices, programs, and materials that are effective for
improving mathematics learning;
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(e) the training, selection, placement, and professional development of
teachers of mathematics in order to enhance students’ learning of mathe-
matics;
(f) the role and appropriate design of systems for delivering instruction
in mathematics that combine the different elements of learning processes,
curricula, instruction, teacher training and support, and standards, assess-
ments, and accountability;
(g) needs for research in support of mathematics education;
(h) ideas for strengthening capabilities to teach children and youth basic
mathematics, geometry, algebra, and calculus and other mathematical dis-
ciplines;
(i) such other matters relating to mathematics education as the Panel
deems appropriate; and
(j) such other matters relating to mathematics education as the Secretary
may require.
Sec. 5. Additional Reports. The Secretary may require the Panel, in carrying
out subsection 2(b) of this order, to submit such additional reports relating
to the policy set forth in section 1 as the Secretary deems appropriate.
Sec. 6. General Provisions. (a) This order shall be implemented in a manner
consistent with applicable law, including section 103 of the Department
of Education Organization Act (20 U.S.C. 3403), and subject to the availability
of appropriations.
(b) The Department shall provide such administrative support and funding
for the Panel as the Secretary determines appropriate. To the extent permitted
by law, and where practicable, agencies shall, upon request by the Secretary,
provide assistance to the Panel.
(c) The Panel shall obtain information and advice as appropriate in the
course of its work from:
(i) officers or employees of Federal agencies, unless otherwise directed
by the head of the agency concerned;
(ii) State, local, territorial, and tribal officials;
(iii) experts on matters relating to the policy set forth in section 1;
(iv) parents and teachers; and
(v) such other individuals as the Panel deems appropriate or as the Sec-
retary may direct.
(d) Members of the Panel who are not officers or employees of the United
States shall serve without compensation and may receive travel expenses,
including per diem in lieu of subsistence, as authorized by law for persons
serving intermittently in Government service (5 U.S.C. 5701–5707), consistent
with the availability of funds.
(e) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.) (the ‘‘Act’’), may apply to the administration of any portion of this
order, any functions of the President under that Act, except that of reporting
to the Congress, shall be performed by the Secretary in accordance with
the guidelines issued by the Administrator of General Services.
(f) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable by any party at law or in equity
against the United States, its departments, agencies, entities, officers, employ-
ees, or agents, or any other person.
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Sec. 7. Termination. Unless hereafter extended by the President, this Advisory
Panel shall terminate 2 years after the date of this order.
W
THE WHITE HOUSE,
April 18, 2006.
[FR Doc. 06–3865
Filed 4–20–06; 8:45 am]
Billing code 3195–01–P
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| National Mathematics Advisory Panel | 2006-04-18T00:00:00 | ebafd4987681957cf60082d3eef302c050202cbcedbc05a52ca839c86f2f33e9 |
Presidential Executive Order | 06-4085 (13399) | Presidential Documents
25059
Federal Register
Vol. 71, No. 82
Friday, April 28, 2006
Title 3—
The President
Executive Order 13399 of April 25, 2006
Blocking Property of Additional Persons in Connection With
the National Emergency With Respect to Syria
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participa-
tion Act, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title
3, United States Code; and in view of United Nations Security Council
Resolution (UNSCR) 1636 of October 31, 2005,
I, GEORGE W. BUSH, President of the United States of America, determine
that it is in the interests of the United States to (1) assist the international
independent investigation Commission (the ‘‘Commission’’) established pur-
suant to UNSCR 1595 of April 7, 2005, (2) assist the Government of Lebanon
in identifying and holding accountable in accordance with applicable law
those persons who were involved in planning, sponsoring, organizing, or
perpetrating the terrorist act in Beirut, Lebanon, on February 14, 2005,
that resulted in the assassination of former Prime Minister of Lebanon Rafiq
Hariri, and the deaths of 22 others, and other bombings or assassination
attempts in Lebanon since October 1, 2004, that are related to Hariri’s
assassination or that implicate the Government of Syria or its officers or
agents, and (3) take note of the Commission’s conclusions in its report
of October 19, 2005, that there is converging evidence pointing to both
Lebanese and Syrian involvement in terrorist acts, that interviewees tried
to mislead the Commission’s investigation by giving false or inaccurate
statements, and that a senior official of Syria submitted false information
to the Commission. In light of these determinations, and to take additional
steps with respect to the national emergency declared in Executive Order
13338 of May 11, 2004, concerning certain actions of the Government of
Syria, I hereby order:
Section 1. (a) Except to the extent that sections 203(b)(1), (3), and (4) of
IEEPA (50 U.S.C. 1702(b)(1), (3) and (4)) may apply, or to the extent provided
in regulations, orders, directives, or licenses that may be issued pursuant
to this order, and notwithstanding any contract entered into or any license
or permit granted prior to the effective date of this order, 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, including any overseas branch,
of the following persons are blocked and may not be transferred, paid,
exported, withdrawn, or otherwise dealt in: persons determined by the Sec-
retary of the Treasury, after consultation with the Secretary of State,
(i) to be, or to have been, involved in the planning, sponsoring, organizing,
or perpetrating of:
(A) the terrorist act in Beirut, Lebanon, that resulted in the assassination
of former Lebanese Prime Minister Rafiq Hariri and the deaths of 22
others; or
(B) any other bombing, assassination, or assassination attempt in Lebanon
since October 1, 2004, that is related to Hariri’s assassination or that
implicates the Government of Syria or its officers or agents;
(ii) to have obstructed or otherwise impeded the work of the Commission
established pursuant to UNSCR 1595;
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(iii) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services in support of, any such
terrorist act, bombing, or assassination attempt, or any person designated
pursuant to this order; or
(iv) to be owned or controlled by, or acting or purporting to act for
or on behalf of, directly or indirectly, any person designated pursuant to
this order.
(b) I hereby determine that, to the extent section 203(b)(2) of IEEPA
(50 U.S.C. 1702(b)(2)) may apply, the making of donations of the type
of articles specified in such section by, to, or for the benefit of any person
designated pursuant to this order would seriously impair my ability to
deal with the national emergency declared in Executive Order 13338, and
I hereby prohibit such donations as provided by paragraph (a) of this section.
(c) The prohibitions in paragraph (a) of this section include but are not
limited to (i) the making of any contribution or provision of funds, goods,
or services by, to, or for the benefit of any person designated pursuant
to this order, and (ii) the receipt of any contribution or provision of funds,
goods, or services from any such person.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 4. For those persons designated pursuant to this order who might
have a constitutional presence in the United States, I find that, because
of the ability to transfer funds or other assets instantaneously, prior notice
to such persons of measures to be taken pursuant to this order would
render these measures ineffectual. I therefore determine that for these meas-
ures to be effective in addressing the national emergency declared in Execu-
tive Order 13338, there need be no prior notice of a determination made
pursuant to section 1(a) of this order.
Sec. 5. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and UNPA, as may be necessary to carry out the purposes of
this order. The Secretary of the Treasury may redelegate any of these func-
tions to other officers and agencies of the United States Government, con-
sistent with applicable law. All agencies of the United States Government
are hereby directed to take all appropriate measures within their authority
to carry out the provisions of this order and, where appropriate, to advise
the Secretary of the Treasury in a timely manner of the measures taken.
Sec. 6. This order is not intended to, and does not, create any right, benefit
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
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Sec. 7. This order is effective at 12:01 a.m. eastern daylight time on April
26, 2006.
W
THE WHITE HOUSE,
April 25, 2006.
[FR Doc. 06–4085
Filed 4–27–06; 8:45 am]
Billing code 3195–01–P
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| Blocking Property of Additional Persons in Connection With the National Emergency With Respect to Syria | 2006-04-25T00:00:00 | c6f2b3165bf385ce359aa73b97c133e29009c1eb7ed76c432e4a9159897893a5 |
Presidential Executive Order | 06-4121 (13400) | Presidential Documents
25483
Federal Register
Vol. 71, No. 83
Monday, May 1, 2006
Title 3—
The President
Executive Order 13400 of April 26, 2006
Blocking Property of Persons in Connection With the Conflict
in Sudan’s Darfur Region
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.)(NEA), section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c)(UNPA), and section 301
of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, find that
an unusual and extraordinary threat to the national security and foreign
policy of the United States is posed by the persistence of violence in Sudan’s
Darfur region, particularly against civilians and including sexual violence
against women and girls, and by the deterioration of the security situation
and its negative impact on humanitarian assistance efforts, as noted by
the United Nations Security Council in Resolution 1591 of March 29, 2005,
and, to deal with that threat, hereby expand the scope of the national
emergency declared in Executive Order 13067 of November 3, 1997, with
respect to the policies and actions of the Government of Sudan, and hereby
order:
Section 1. (a) Except to the extent that sections 203(b) (1), (3), and (4)
of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)) may apply, or to the extent
provided in regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of this order,
all property and interests in property of the following persons, 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, including any overseas branch, are blocked and may not be trans-
ferred, paid, exported, withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, after consulta-
tion with the Secretary of State:
(A) to have constituted a threat to the peace process in Darfur;
(B) to have constituted a threat to stability in Darfur and the region;
(C) to be responsible for conduct related to the conflict in Darfur that
violates international law;
(D) to be responsible for heinous conduct with respect to human life
or limb related to the conflict in Darfur;
(E) to have directly or indirectly supplied, sold, or transferred arms or
any related materiel, or any assistance, advice, or training related to military
activities to:
(1) the Government of Sudan;
(2) the Sudan Liberation Movement/Army;
(3) the Justice and Equality Movement;
(4) the Janjaweed; or
(5) any person (other than a person listed in subparagraph (E)(1)
through (E)(4) above) operating in the states of North Darfur, South
Darfur, or West Darfur that is a belligerent, a nongovernmental entity,
or an individual;
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(F) to be responsible for offensive military overflights in and over the
Darfur region;
(G) to have materially assisted, sponsored, or provided financial, materiel,
or technological support for, or goods or services in support of, the activities
described in paragraph (a)(ii)(A) through (F) of this section or any person
listed in or designated pursuant to this order; or
(H) to be owned or controlled by, or acting or purporting to act for
or on behalf of, directly or indirectly, any person listed in or designated
pursuant to this order.
(b) I hereby determine that, to the extent section 203(b)(2) of IEEPA (50
U.S.C. 1702(b)(2)) may apply, the making of donations of the type of articles
specified in such section by, to, or for the benefit of any person listed
in or designated pursuant to this order would seriously impair my ability
to deal with the national emergency declared in Executive Order 13067
and expanded in this order, and I hereby prohibit such donations as provided
by paragraph (a) of this section.
(c) The prohibitions of paragraph (a) of this section include, but are not
limited to, (i) the making of any contribution or provision of funds, goods,
or services by, to, or for the benefit of any person listed in or designated
pursuant to this order, and (ii) the receipt of any contribution or provision
of funds, goods, or services from any such person.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen, perma-
nent resident alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including foreign branches),
or any person in the United States; and
(d) the term ‘‘arms or any related materiel’’ means arms or related materiel
of all types, military aircraft, and equipment, but excludes:
(i) supplies and technical assistance, including training, intended solely
for use in authorized monitoring, verification, or peace support operations,
including such operations led by regional organizations;
(ii) supplies of non-lethal military equipment intended solely for humani-
tarian use, human rights monitoring use, or protective use, and related
technical assistance, including training;
(iii) supplies of protective clothing, including flak jackets and military
helmets, for use by United Nations personnel, representatives of the media,
and humanitarian and development workers and associated personnel, for
their personal use only;
(iv) assistance and supplies provided in support of implementation of
the Comprehensive Peace Agreement signed January 9, 2005, by the Govern-
ment of Sudan and the People’s Liberation Movement/Army; and
(v) other movements of military equipment and supplies into the Darfur
region by the United States or that are permitted by a rule or decision
of the Secretary of State, after consultation with the Secretary of the Treasury.
Sec. 4. For those persons listed in or designated pursuant to this order
who might have a constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets instantaneously,
prior notice to such persons of measures to be taken pursuant to this order
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would render these measures ineffectual. I therefore determine that, for
these measures to be effective in addressing the national emergency declared
in Executive Order 13067 and expanded by this order, there need be no
prior notice of a listing or determination made pursuant to section 1 of
this order.
Sec. 5. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and UNPA as may be necessary to carry out the purposes of
this order. The Secretary of the Treasury may redelegate any of these func-
tions to other officers and agencies of the United States Government, con-
sistent with applicable law. All agencies of the United States Government
are hereby directed to take all appropriate measures within their authority
to carry out the provisions of this order and, where appropriate, to advise
the Secretary of the Treasury in a timely manner of the measures taken.
The Secretary of the Treasury shall ensure compliance with those provisions
of section 401 of the NEA (50 U.S.C. 1641) applicable to the Department
of the Treasury in relation to this order.
Sec. 6. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to submit the recurring and final reports
to the Congress on the national emergency expanded by this order, consistent
with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
the IEEPA (50 U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to determine, subsequent to the issuance
of this order, that circumstances no longer warrant the inclusion of a person
in the Annex to this order and that the property and interests in property
of that person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
Sec. 9. This order is effective at 12:01 a.m. eastern daylight time on April
27, 2006.
W
THE WHITE HOUSE,
April 26, 2006.
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[FR Doc. 06–4121
Filed 4–28–06; 8:45 am]
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Presidential Executive Order | 05-24597 (13394) | Presidential Documents
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Executive Order 13394 of December 22, 2005
Providing an Order of Succession Within the Department of
Defense
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies Reform
Act of 1998, 5 U.S.C. 3345 et. seq., it is hereby ordered as follows:
Section 1. Subject to the provisions of section 3 of this order, the officers
named in section 2, in the order listed, shall act as and perform the functions
and duties of the office of the Secretary of Defense (Secretary) during any
period when the Secretary has died, resigned, or is otherwise unable to
perform the functions and duties of the office of Secretary.
Sec. 2. Order of Succession.
(a) Deputy Secretary of Defense;
(b) Under Secretary of Defense for Intelligence;
(c) Under Secretary of Defense for Policy;
(d) Under Secretary of Defense for Acquisition, Technology, and Logistics;
(e) Secretary of the Army;
(f) Secretary of the Air Force;
(g) Secretary of the Navy;
(h) Under Secretary of Defense for Personnel and Readiness and the Under
Secretary of Defense (Comptroller);
(i) Deputy Under Secretary of Defense for Acquisition and Technology,
Deputy Under Secretary of Defense for Policy, and Deputy Under Secretary
of Defense for Personnel and Readiness;
(j) General Counsel of the Department of Defense, the Assistant Secretaries
of Defense, and the Director of Operational Test and Evaluation;
(k) Deputy Under Secretary of Defense for Logistics and Material Readiness
and the Director of Defense Research and Engineering;
(l) Under Secretaries of the Army, the Navy, and the Air Force; and
(m) Assistant Secretaries of the Army, the Navy, and the Air Force, and
General Counsels of the Army, the Navy, and the Air Force.
Sec. 3. Exceptions. (a) No individual who is serving in an office listed
in section 2(a)–(m) in an acting capacity shall act as Secretary pursuant
to this order.
(b) Precedence among officers designated within the same subsection of
section 2 of this order shall be determined by the order in which they
have been appointed to such office by the President. Where officers des-
ignated within the same subsection of section 2 of this order are appointed
on the same date, precedence will be determined by the order in which
they have taken the oath to serve in that office.
(c) Notwithstanding the provisions of this order, the President retains
discretion, to the extent permitted by law, to depart from this order in
designating an acting Secretary.
Sec. 4. Judicial Review. This order is intended to improve the internal
management of the executive branch and is not intended to, and does
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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, entities, officers, employees or agents, or any other person.
Sec. 5. Revocation. Executive Order No. 13000 of April 24, 1996, and the
President’s memorandum of June 2, 2005, entitled: ‘‘Order of Succession
of Officers to Act as Secretary of Defense,’’ are hereby revoked.
W
THE WHITE HOUSE,
December 22, 2005.
[FR Doc. 05–24597
Filed 12–23–05; 12:29 pm]
Billing code 3195–01–P
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Presidential Executive Order | 06-554 (13395) | Presidential Documents
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Federal Register / Vol. 71, No. 12 / Thursday, January 19, 2006 / Presidential Documents
Executive Order 13395 of January 13, 2006
Designating the Global Fund To Fight AIDS, Tuberculosis
and Malaria as a Public International Organization Entitled
To Enjoy Certain Privileges, Exemptions, and Immunities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 1 and 16 of the
International Organizations Immunities Act (22 U.S.C. 288 and 288f–6), it
is hereby ordered as follows:
Section 1. Designation. The Global Fund to Fight AIDS, Tuberculosis and
Malaria (Global Fund) is hereby designated as a public international organiza-
tion entitled to enjoy the privileges, exemptions, and immunities provided
by the International Organizations Immunities Act.
Sec. 2. Non-Abridgement. The designation in section 1 is not intended
to abridge in any respect privileges, exemptions, or immunities that the
Global Fund otherwise may have acquired or may acquire by law.
W
THE WHITE HOUSE,
January 13, 2006.
[FR Doc. 06–554
Filed 1–18–06; 9:23 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-1316 (13396) | Presidential Documents
7389
Federal Register
Vol. 71, No. 28
Friday, February 10, 2006
Title 3—
The President
Executive Order 13396 of February 7, 2006
Blocking Property of Certain Persons Contributing to the
Conflict in Co
ˆte d’Ivoire
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.)(NEA), section 5 of the United Nations
Participation Act, as amended (22 U.S.C. 287c)(UNPA), and section 301
of title 3, United States Code, and to assist in addressing humanitarian,
safety, and other concerns in or in relation to the country of Co
ˆte d’Ivoire,
I, GEORGE W. BUSH, President of the United States of America, determine
that the situation in or in relation to Co
ˆte d’Ivoire, which has been addressed
by the United Nations Security Council in Resolution 1572 of November
15, 2004, and subsequent resolutions, that has resulted in the massacre
of large numbers of civilians, widespread human rights abuses, significant
political violence and unrest, and attacks against international peacekeeping
forces leading to fatalities, constitutes an unusual and extraordinary threat
to the national security and foreign policy of the United States and hereby
declare a national emergency to deal with that threat, and hereby order:
Section 1. (a) Except to the extent that section 203(b)(1), (3), and (4) of
the IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)) may apply, or to the extent
provided in regulations, orders, directives, or licenses that may be issued
pursuant to this order, and notwithstanding any contract entered into or
any license or permit granted prior to the effective date of this order,
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, including any overseas
branch, 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; and
(ii) any person determined by the Secretary of the Treasury, after consulta-
tion with the Secretary of State:
(A) to constitute a threat to the peace and national reconciliation process
in Co
ˆte d’Ivoire, such as by blocking the implementation of the Linas-
Marcoussis Agreement of January 24, 2003, the Accra III Agreement of
July 30, 2004, and the Pretoria Agreement of April 6, 2005;
(B) to be responsible for serious violations of international law in Co
ˆte
d’Ivoire;
(C) to have directly or indirectly supplied, sold, or transferred to Co
ˆte
d’Ivoire arms or any related materiel or any assistance, advice, or training
related to military activities;
(D) to have publicly incited violence and hatred contributing to the conflict
in Co
ˆte d’Ivoire;
(E) to have materially assisted, sponsored, or provided financial, material,
or technological support for, or goods or services in support of, the activities
described in paragraphs (a)(ii)(A), (a)(ii)(B), (a)(ii)(C), or (a)(ii)(D) of this
section or any person listed in or designated pursuant to this order;
or
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(F) to be owned or controlled by, or acting or purporting to act for
or on behalf of, directly or indirectly, any person listed in or designated
pursuant to this order.
(b) I hereby determine that, to the extent section 203(b)(2) of the IEEPA
(50 U.S.C. 1702(b)(2)) may apply, the making of donations of the type
of articles specified in such section by, to, or for the benefit of, any person
listed in or designated pursuant to this order would seriously impair my
ability to deal with the national emergency declared in this order, and
I hereby prohibit such donations as provided by paragraph (a) of this section.
(c) The prohibitions in paragraph (a) of this section include, but are not
limited to, (i) the making of any contribution or provision of funds, goods,
or services by, to, or for the benefit of, any person listed in or designated
pursuant to this order, and (ii) the receipt of any contribution or provision
of funds, goods, or services from any such person.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(b) the term ‘‘person’’ means an individual or entity;
(c) the term ‘‘United States person’’ means any United States citizen, perma-
nent resident alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including foreign branches),
or any person in the United States; and
(d) the term ‘‘arms or any related materiel’’ means arms or related materiel
of all types, including military aircraft and equipment, but excludes:
(i) supplies and technical assistance intended solely for the support of
or use by the United Nations Operation in Co
ˆte d’Ivoire and forces of
France who support them;
(ii) supplies of non-lethal military equipment intended solely for humani-
tarian or protective use, and related technical assistance and training;
(iii) supplies of protective clothing, including flak jackets and military
helmets, temporarily exported to Co
ˆte d’Ivoire by United Nations personnel,
representatives of the media, and humanitarian and development workers
and associated personnel, for their personal use only;
(iv) supplies temporarily exported to Co
ˆte d’Ivoire to the forces of a
country that is taking action solely and directly to facilitate the evacuation
of its nationals and those for whom it has consular responsibility in Co
ˆte
d’Ivoire; and
(v) supplies of arms and related materiel and technical training and assist-
ance intended solely for support of or use in the process of restructuring
defense and security forces pursuant to paragraph 3, subparagraph (f) of
the Linas-Marcoussis Agreement.
Sec. 4. For those persons listed in or designated pursuant to this order
who might have a constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets instantaneously,
prior notice to such persons of measures to be taken pursuant to this order
would render these measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency declared
in this order, there need be no prior notice of a listing or determination
made pursuant to section 1 of this order.
Sec. 5. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
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of rules and regulations, and to employ all powers granted to the President
by the IEEPA and the UNPA, as may be necessary to carry out the purposes
of this order. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States Government,
consistent with applicable law. All executive agencies of the United States
Government are hereby directed to take all appropriate measures within
their authority to carry out the provisions of this order and, where appro-
priate, to advise the Secretary of the Treasury in a timely manner of the
measures taken. The Secretary of the Treasury shall ensure compliance
with those provisions of section 401 of the NEA (50 U.S.C. 1641) applicable
to the Department of the Treasury in relation to this order.
Sec. 6. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to submit the recurring and final reports
to the Congress on the national emergency declared in this order, consistent
with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
the IEEPA (50 U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to determine, subsequent to the issuance
of this order, that circumstances no longer warrant the inclusion of a person
in the Annex to this order and that the property and interests in property
of that person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
Sec. 9. This order is effective at 12:01 a.m. eastern standard time on February
8, 2006.
W
THE WHITE HOUSE,
February 7, 2006.
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[FR Doc. 06–1316
Filed 2–9–06; 8:45 am]
Billing code 4810–25–C
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12275
Federal Register
Vol. 71, No. 46
Thursday, March 9, 2006
Title 3—
The President
Executive Order 13397 of March 7, 2006
Responsibilities of the Department of Homeland Security
With Respect to Faith-Based and Community Initiatives
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to help the Federal
Government coordinate a national effort to expand opportunities for faith-
based and other community organizations and to strengthen their capacity
to better meet America’s social and community needs, it is hereby ordered
as follows:
Section 1. Establishment of a Center for Faith-Based and Community Initia-
tives at the Department of Homeland Security.
(a) The Secretary of Homeland Security (Secretary) shall establish within
the Department of Homeland Security (Department) a Center for Faith-Based
and Community Initiatives (Center).
(b) The Center shall be supervised by a Director appointed by Secretary.
The Secretary shall consult with the Director of the White House Office
of Faith-Based and Community Initiatives (WHOFBCI Director) prior to mak-
ing such appointment.
(c) The Department shall provide the Center with appropriate staff, admin-
istrative support, and other resources to meet its responsibilities under this
order.
(d) The Center shall begin operations no later than 45 days from the
date of this order.
Sec. 2. Purpose of Center. The purpose of the Center shall be to coordinate
agency efforts to eliminate regulatory, contracting, and other programmatic
obstacles to the participation of faith-based and other community organiza-
tions in the provision of social and community services.
Sec. 3. Responsibilities of the Center for Faith-Based and Community Initia-
tives. In carrying out the purpose set forth in section 2 of this order, the
Center shall:
(a) conduct, in coordination with the WHOFBCI Director, a department-
wide audit to identify all existing barriers to the participation of faith-
based and other community organizations in the delivery of social and
community services by the Department, including but not limited to regula-
tions, rules, orders, procurement, and other internal policies and practices,
and outreach activities that unlawfully discriminate against, or otherwise
discourage or disadvantage the participation of faith-based and other commu-
nity organizations in Federal programs;
(b) coordinate a comprehensive departmental effort to incorporate faith-
based and other community organizations in Department programs and initia-
tives to the greatest extent possible;
(c) propose initiatives to remove barriers identified pursuant to section
3(a) of this order, including but not limited to reform of regulations, procure-
ment, and other internal policies and practices, and outreach activities;
(d) propose the development of innovative pilot and demonstration pro-
grams to increase the participation of faith-based and other community
organizations in Federal as well as State and local initiatives; and
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(e) develop and coordinate Departmental outreach efforts to disseminate
information more effectively to faith-based and other community organiza-
tions with respect to programming changes, contracting opportunities, and
other agency initiatives, including but not limited to Web and Internet
resources.
Sec. 4. Reporting Requirements.
(a) Report. Not later than 180 days from the date of this order and annually
thereafter, the Center shall prepare and submit a report to the WHOFBCI
Director.
(b) Contents. The report shall include a description of the Department’s
efforts in carrying out its responsibilities under this order, including but
not limited to:
(i) a comprehensive analysis of the barriers to the full participation
of faith-based and other community organizations in the delivery of
social and community services identified pursuant to section 3(a) of
this order and the proposed strategies to eliminate those barriers; and
(ii) a summary of the technical assistance and other information that
will be available to faith-based and other community organizations re-
garding the program activities of the agency and the preparation of
applications or proposals for grants, cooperative agreements, contracts,
and procurement.
(c) Performance Indicators. The first report shall include annual perform-
ance indicators and measurable objectives for Departmental action. Each
report filed thereafter shall measure the Department’s performance against
the objectives set forth in the initial report.
Sec. 5. Responsibilities of the Secretary. The Secretary shall:
(a) designate an employee within the department to serve as the liaison
and point of contact with the WHOFBCI Director; and
(b) cooperate with the WHOFBCI Director and provide such information,
support, and assistance to the WHOFBCI Director as requested to implement
this order.
Sec. 6. General Provisions. (a) This order shall be implemented subject
to the availability of appropriations and to the extent permitted by law.
(b) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity by a party against
the United States, its agencies, or entities, its officers, employees, or agents,
or any other person.
W
THE WHITE HOUSE,
March 7, 2006.
[FR Doc. 06–2362
Filed 3–8–06; 11:05 am]
Billing code 3195–01–P
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Presidential Executive Order | 05-24255 (13392) | Presidential Documents
75373
Federal Register
Vol. 70, No. 242
Monday, December 19, 2005
Title 3—
The President
Executive Order 13392 of December 14, 2005
Improving Agency Disclosure of Information
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to ensure appropriate agency
disclosure of information, and consistent with the goals of section 552
of title 5, United States Code, it is hereby ordered as follows:
Section 1. Policy.
(a) The effective functioning of our constitutional democracy depends
upon the participation in public life of a citizenry that is well informed.
For nearly four decades, the Freedom of Information Act (FOIA) has provided
an important means through which the public can obtain information regard-
ing the activities of Federal agencies. Under the FOIA, the public can obtain
records from any Federal agency, subject to the exemptions enacted by
the Congress to protect information that must be held in confidence for
the Government to function effectively or for other purposes.
(b) FOIA requesters are seeking a service from the Federal Government
and should be treated as such. Accordingly, in responding to a FOIA request,
agencies shall respond courteously and appropriately. Moreover, agencies
shall provide FOIA requesters, and the public in general, with citizen-
centered ways to learn about the FOIA process, about agency records that
are publicly available (e.g., on the agency’s website), and about the status
of a person’s FOIA request and appropriate information about the agency’s
response.
(c) Agency FOIA operations shall be both results-oriented and produce
results. Accordingly, agencies shall process requests under the FOIA in
an efficient and appropriate manner and achieve tangible, measurable im-
provements in FOIA processing. When an agency’s FOIA program does
not produce such results, it should be reformed, consistent with available
resources appropriated by the Congress and applicable law, to increase effi-
ciency and better reflect the policy goals and objectives of this order.
(d) A citizen-centered and results-oriented approach will improve service
and performance, thereby strengthening compliance with the FOIA, and
will help avoid disputes and related litigation.
Sec. 2. Agency Chief FOIA Officers.
(a) Designation. The head of each agency shall designate within 30 days
of the date of this order a senior official of such agency (at the Assistant
Secretary or equivalent level), to serve as the Chief FOIA Officer of that
agency. The head of the agency shall promptly notify the Director of the
Office of Management and Budget (OMB Director) and the Attorney General
of such designation and of any changes thereafter in such designation.
(b) General Duties. The Chief FOIA Officer of each agency shall, subject
to the authority of the head of the agency:
(i) have agency-wide responsibility for efficient and appropriate compliance
with the FOIA;
(ii) monitor FOIA implementation throughout the agency, including
through the use of meetings with the public to the extent deemed appro-
priate by the agency’s Chief FOIA Officer, and keep the head of the
agency, the chief legal officer of the agency, and the Attorney General
appropriately informed of the agency’s performance in implementing the
FOIA, including the extent to which the agency meets the milestones
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in the agency’s plan under section 3(b) of this order and training and
reporting standards established consistent with applicable law and this
order;
(iii) recommend to the head of the agency such adjustments to agency
practices, policies, personnel, and funding as may be necessary to carry
out the policy set forth in section 1 of this order;
(iv) review and report, through the head of the agency, at such times
and in such formats as the Attorney General may direct, on the agency’s
performance in implementing the FOIA; and
(v) facilitate public understanding of the purposes of the FOIA’s statutory
exemptions by including concise descriptions of the exemptions in both
the agency’s FOIA handbook issued under section 552(g) of title 5, United
States Code, and the agency’s annual FOIA report, and by providing
an overview, where appropriate, of certain general categories of agency
records to which those exemptions apply.
(c) FOIA Requester Service Center and FOIA Public Liaisons. In order
to ensure appropriate communication with FOIA requesters:
(i) Each agency shall establish one or more FOIA Requester Service Centers
(Center), as appropriate, which shall serve as the first place that a FOIA
requester can contact to seek information concerning the status of the
person’s FOIA request and appropriate information about the agency’s
FOIA response. The Center shall include appropriate staff to receive and
respond to inquiries from FOIA requesters;
(ii) The agency Chief FOIA Officer shall designate one or more agency
officials, as appropriate, as FOIA Public Liaisons, who may serve in the
Center or who may serve in a separate office. FOIA Public Liaisons shall
serve as supervisory officials to whom a FOIA requester can raise concerns
about the service the FOIA requester has received from the Center, fol-
lowing an initial response from the Center staff. FOIA Public Liaisons
shall seek to ensure a service-oriented response to FOIA requests and
FOIA-related inquiries. For example, the FOIA Public Liaison shall assist,
as appropriate, in reducing delays, increasing transparency and under-
standing of the status of requests, and resolving disputes. FOIA Public
Liaisons shall report to the agency Chief FOIA Officer on their activities
and shall perform their duties consistent with applicable law and agency
regulations;
(iii) In addition to the services to FOIA requesters provided by the Center
and FOIA Public Liaisons, the agency Chief FOIA Officer shall also con-
sider what other FOIA-related assistance to the public should appropriately
be provided by the agency;
(iv) In establishing the Centers and designating FOIA Public Liaisons,
the agency shall use, as appropriate, existing agency staff and resources.
A Center shall have appropriate staff to receive and respond to inquiries
from FOIA requesters;
(v) As determined by the agency Chief FOIA Officer, in consultation
with the FOIA Public Liaisons, each agency shall post appropriate informa-
tion about its Center or Centers on the agency’s website, including contact
information for its FOIA Public Liaisons. In the case of an agency without
a website, the agency shall publish the information on the Firstgov.gov
website or, in the case of any agency with neither a website nor the
capability to post on the Firstgov.gov website, in the Federal Register;
and
(vi) The agency Chief FOIA Officer shall ensure that the agency has
in place a method (or methods), including through the use of the Center,
to receive and respond promptly and appropriately to inquiries from FOIA
requesters about the status of their requests. The Chief FOIA Officer shall
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also consider, in consultation with the FOIA Public Liaisons, as appro-
priate, whether the agency’s implementation of other means (such as track-
ing numbers for requests, or an agency telephone or Internet hotline)
would be appropriate for responding to status inquiries.
Sec. 3. Review, Plan, and Report.
(a) Review. Each agency’s Chief FOIA Officer shall conduct a review
of the agency’s FOIA operations to determine whether agency practices
are consistent with the policies set forth in section 1 of this order. In
conducting this review, the Chief FOIA Officer shall:
(i) evaluate, with reference to numerical and statistical benchmarks where
appropriate, the agency’s administration of the FOIA, including the agen-
cy’s expenditure of resources on FOIA compliance and the extent to
which, if any, requests for records have not been responded to within
the statutory time limit (backlog);
(ii) review the processes and practices by which the agency assists and
informs the public regarding the FOIA process;
(iii) examine the agency’s:
(A) use of information technology in responding to FOIA requests, in-
cluding without limitation the tracking of FOIA requests and commu-
nication with requesters;
(B) practices with respect to requests for expedited processing; and
(C) implementation of multi-track processing if used by such agency;
(iv) review the agency’s policies and practices relating to the availability
of public information through websites and other means, including the
use of websites to make available the records described in section 552(a)(2)
of title 5, United States Code; and
(v) identify ways to eliminate or reduce its FOIA backlog, consistent
with available resources and taking into consideration the volume and
complexity of the FOIA requests pending with the agency.
(b) Plan.
(i) Each agency’s Chief FOIA Officer shall develop, in consultation as
appropriate with the staff of the agency (including the FOIA Public Liai-
sons), the Attorney General, and the OMB Director, an agency-specific
plan to ensure that the agency’s administration of the FOIA is in accordance
with applicable law and the policies set forth in section 1 of this order.
The plan, which shall be submitted to the head of the agency for approval,
shall address the agency’s implementation of the FOIA during fiscal years
2006 and 2007.
(ii) The plan shall include specific activities that the agency will implement
to eliminate or reduce the agency’s FOIA backlog, including (as applicable)
changes that will make the processing of FOIA requests more streamlined
and effective, as well as increased reliance on the dissemination of records
that can be made available to the public through a website or other
means that do not require the public to make a request for the records
under the FOIA.
(iii) The plan shall also include activities to increase public awareness
of FOIA processing, including as appropriate, expanded use of the agency’s
Center and its FOIA Public Liaisons.
(iv) The plan shall also include, taking appropriate account of the resources
available to the agency and the mission of the agency, concrete milestones,
with specific timetables and outcomes to be achieved, by which the head
of the agency, after consultation with the OMB Director, shall measure
and evaluate the agency’s success in the implementation of the plan.
(c) Agency Reports to the Attorney General and OMB Director.
(i) The head of each agency shall submit a report, no later than 6 months
from the date of this order, to the Attorney General and the OMB Director
that summarizes the results of the review under section 3(a) of this order
and encloses a copy of the agency’s plan under section 3(b) of this order.
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The agency shall publish a copy of the agency’s report on the agency’s
website or, in the case of an agency without a website, on the Firstgov.gov
website, or, in the case of any agency with neither a website nor the
capability to publish on the Firstgov.gov website, in the Federal Register.
(ii) The head of each agency shall include in the agency’s annual FOIA
reports for fiscal years 2006 and 2007 a report on the agency’s development
and implementation of its plan under section 3(b) of this order and on
the agency’s performance in meeting the milestones set forth in that plan,
consistent with any related guidelines the Attorney General may issue
under section 552(e) of title 5, United States Code.
(iii) If the agency does not meet a milestone in its plan, the head of
the agency shall:
(A) identify this deficiency in the annual FOIA report to the Attorney
General;
(B) explain in the annual report the reasons for the agency’s failure
to meet the milestone;
(C) outline in the annual report the steps that the agency has already
taken, and will be taking, to address the deficiency; and
(D) report this deficiency to the President’s Management Council.
Sec. 4. Attorney General.
(a) Report. The Attorney General, using the reports submitted by the
agencies under subsection 3(c)(i) of this order and the information submitted
by agencies in their annual FOIA reports for fiscal year 2005, shall submit
to the President, no later than 10 months from the date of this order,
a report on agency FOIA implementation. The Attorney General shall consult
the OMB Director in the preparation of the report and shall include in
the report appropriate recommendations on administrative or other agency
actions for continued agency dissemination and release of public information.
The Attorney General shall thereafter submit two further annual reports,
by June 1, 2007, and June 1, 2008, that provide the President with an
update on the agencies’ implementation of the FOIA and of their plans
under section 3(b) of this order.
(b) Guidance. The Attorney General shall issue such instructions and
guidance to the heads of departments and agencies as may be appropriate
to implement sections 3(b) and 3(c) of this order.
Sec. 5. OMB Director. The OMB Director may issue such instructions to
the heads of agencies as are necessary to implement this order, other than
sections 3(b) and 3(c) of this order.
Sec. 6. Definitions. As used in this order:
(a) the term ‘‘agency’’ has the same meaning as the term ‘‘agency’’ under
section 552(f)(1) of title 5, United States Code; and
(b) the term ‘‘record’’ has the same meaning as the term ‘‘record’’ under
section 552(f)(2) of title 5, United States Code.
Sec. 7. General Provisions.
(a) The agency reviews under section 3(a) of this order and agency plans
under section 3(b) of this order shall be conducted and developed in accord-
ance with applicable law and applicable guidance issued by the President,
the Attorney General, and the OMB Director, including the laws and guidance
regarding information technology and the dissemination of information.
(b) This order:
(i) shall be implemented in a manner consistent with applicable law
and subject to the availability of appropriations;
(ii) shall not be construed to impair or otherwise affect the functions
of the OMB Director relating to budget, legislative, or administrative pro-
posals; and
(iii) is intended only to improve the internal management of the executive
branch and is not intended to, and does not, create any right or benefit,
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substantive or procedural, enforceable at law or in equity by a party
against the United States, its departments, agencies, instrumentalities, or
entities, its officers or employees, or any other person.
W
THE WHITE HOUSE,
December 14, 2005.
[FR Doc. 05–24255
Filed 12–15–05; 8:45 am]
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Presidential Executive Order | 05-22132 (13389) | Presidential Documents
67325
Federal Register
Vol. 70, No. 213
Friday, November 4, 2005
Title 3—
The President
Executive Order 13389 of November 1, 2005
Creation of the Gulf Coast Recovery and Rebuilding Council
By the authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, including the
Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended
(42 U.S.C. 5121–5206) (the ‘‘Stafford Act’’), and in order to further strengthen
Federal support for the recovery and rebuilding of the Gulf Coast region
affected by Hurricane Katrina and Hurricane Rita, it is hereby ordered as
follows:
Section 1. Policy. It is the policy of the United States to provide effective,
integrated, and fiscally responsible support from across the Federal Govern-
ment to support State, local, and tribal governments, the private sector,
and faith-based and other community humanitarian relief organizations in
the recovery and rebuilding of the Gulf Coast region affected by Hurricane
Katrina and Hurricane Rita.
Sec. 2. Establishment. (a) There is established, within the Executive Office
of the President, the Gulf Coast Recovery and Rebuilding Council (the ‘‘Coun-
cil’’). The Assistant to the President for Economic Policy shall serve as
the Chairman of the Council (the ‘‘Chairman’’). The Council shall consist
exclusively of the following members or full-time Federal officers or employ-
ees designated by them, respectively:
(i) Secretary of the Treasury;
(ii) Secretary of Defense;
(iii) Attorney General;
(iv) Secretary of the Interior;
(v) Secretary of Agriculture;
(vi) Secretary of Commerce;
(vii) Secretary of Labor;
(viii) Secretary of Health and Human Services;
(ix) Secretary of Housing and Urban Development;
(x) Secretary of Transportation;
(xi) Secretary of Energy;
(xii) Secretary of Education;
(xiii) Secretary of Veterans Affairs;
(xiv) Secretary of Homeland Security;
(xv) Administrator of the Environmental Protection Agency;
(xvi) Chairman of the Council of Economic Advisers;
(xvii) Administrator of the Small Business Administration;
(xviii) Director of the Office of Management and Budget;
(xix) Coordinator of Federal Support for the Recovery and Rebuilding
of the Gulf Coast Region;
(xx) Assistant to the President for Economic Policy;
(xxi) Assistant to the President for Domestic Policy;
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(xxii)
Assistant
to
the
President
for
Homeland
Security
and
Counterterrorism; and
(xxiii) Such other officers and employees of the executive branch as
the Chairman may from time to time designate.
(b) The Chairman, in consultation with the Coordinator, shall convene
and preside over meetings of the Council, determine its agenda, direct its
work, and, as appropriate to particular subject matters, establish and direct
subgroups of the Council, which shall consist of Council members or their
designees under subsection 2(a) of this order, and including those officers
and employees of the executive branch as designated by the Chairman.
Sec. 3. Functions of Council. The Council shall:
(a) at the request of the Chairman, the Coordinator of Federal Support
for the Recovery and Rebuilding of the Gulf Coast Region, or any agency
head who is a member of the Council (subject to the approval of the
Chairman), promptly review and provide advice and guidance, for the pur-
pose of furthering the policy set forth in section 1 of this order, regarding
any issue relating to the implementation of that policy;
(b) make recommendations to the President, as appropriate, regarding any
issue considered by the Council pursuant to section 3(a) of this order;
and
(c) give no vote or veto over the activities or advice of the Council
to any individual to whom subsection (b) of this section refers.
Sec. 4. General. (a) To the extent permitted by law:
(i) agencies shall assist and provide information to the Council for
the performance of its functions under this order; and
(ii) the Director of the Office of Administration shall provide or arrange
for the provision of administrative support to the Council.
(b) Nothing in this order shall be construed to impair or otherwise affect
the functions of the Director of the Office of Management and Budget relating
to budget, administrative, or legislative proposals.
(c) This order shall be implemented in a manner consistent with applicable
law and subject to the availability of appropriations.
(d) This order is intended only to improve the internal management of
the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by a party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
Sec. 5. Termination. The Council shall terminate 3 years from the date
of this order, unless extended by the President.
W
THE WHITE HOUSE,
November 1, 2005.
[FR Doc. 05–22132
Filed 11–3–05; 8:45 am]
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Executive Order 13390 of November 1, 2005
Establishment of a Coordinator of Federal Support for the
Recovery and Rebuilding of the Gulf Coast Region
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Homeland Security
Act of 2002 (6 U.S.C. 101 et seq.) and the Robert T. Stafford Disaster
Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121–5206)
(the ‘‘Stafford Act’’), and to further strengthen Federal support for the recov-
ery and rebuilding of the Gulf Coast region affected by Hurricane Katrina
and Hurricane Rita, it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to provide effective,
integrated, and fiscally responsible support from across the Federal Govern-
ment to support State, local, and tribal governments, the private sector,
and faith-based and other community humanitarian relief organizations in
the recovery and rebuilding of the Gulf Coast region affected by Hurricane
Katrina and Hurricane Rita (the ‘‘Federal Response’’).
Sec. 2. Establishment of Coordinator. The Secretary of Homeland Security
(Secretary) shall establish in the Department of Homeland Security the posi-
tion of Coordinator of Federal Support for the Recovery and Rebuilding
of the Gulf Coast Region (Coordinator). The Coordinator shall be selected
by the President and shall be appointed by and report directly to the Sec-
retary. The Secretary shall make available to the Coordinator such personnel,
funds, and other resources as may be appropriate to enable the Coordinator
to carry out the Coordinator’s mission.
Sec. 3. Mission and Functions of Coordinator. (a) The Coordinator’s mission
shall be to work with executive departments and agencies to ensure the
proper implementation of the policy set forth in section 1 of this order
by coordinating the Federal Response. The Coordinator shall be the principal
point of contact for the President and his senior advisors with respect
to the Federal Response.
(b) Working with the input of all appropriate heads of executive depart-
ments and agencies, the Coordinator shall lead the process to develop the
principles governing and define the goals of the Federal Response. The
Coordinator shall communicate those principles and goals to all Federal
officials involved in the Federal Response.
(c) Working with the input of all appropriate heads of executive depart-
ments and agencies, the Coordinator shall lead the development and monitor
the implementation of the specific policies and programs that constitute
the Federal Response, and ensure that those polices and programs are con-
sistent with the principles and goals of the Federal Response.
(d) The Coordinator shall serve as the primary point of contact within
the executive branch with the Congress, State and local governments, the
private sector, and community leaders regarding the Federal Response. Work-
ing with the input of all appropriate heads of executive departments and
agencies, the Coordinator shall be responsible for managing information
flow, requests for actions, and discussions regarding the Federal Response
with the Congress, State and local governments, the private sector, and
community leaders.
Sec. 4. Duties of Heads of Departments and Agencies. Heads of executive
departments and agencies shall respond promptly to any request by the
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Coordinator, and shall, consistent with applicable law, provide such informa-
tion as the Coordinator deems necessary to carry out the Coordinator’s
mission, and shall otherwise cooperate with the Coordinator to the greatest
extent practicable to facilitate the performance of the Coordinator’s mission.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to an agency or the head thereof;
(ii) the functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative proposals; or
(iii) the chain of command over the Armed Forces provided in section
162(b) of title 10, United States Code.
(b) This order shall be implemented consistent with applicable law, subject
to the availability of appropriations, and shall terminate 3 years from the
date of this order.
(c) As used in this order, the term ‘‘agency’’ has the meaning set forth
for the term ‘‘executive agency’’ in section 105 of title 5, United States
Code, excluding the Government Accountability Office.
(d) This order is intended only to improve the internal management of
the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by a party against the United States, its departments, agencies, entities,
officers, employees or agents, or any other person.
W
THE WHITE HOUSE,
November 1, 2005.
[FR Doc. 05–22133
Filed 11–3–05; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 05-24596 (13393) | Presidential Documents
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Federal Register / Vol. 70, No. 247 / Tuesday, December 22, 2005 / Presidential Documents
Executive Order 13393 of December 22, 2005
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and
made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
(c) The schedules for the Veterans Health Administration of the Department
of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law
102–40; section 3(d) of Public Law 108–445) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior
executives in the Senior Executive Service, as established pursuant to 5
U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part
hereof.
Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of
basic pay or salaries for the following offices and positions are set forth
on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312–5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), section
140 of Public Law 97–92, and section 405 of Public Law 109–115) at Schedule
7.
Sec. 4. Uniformed Services. Pursuant to section 601(a)–(b) of Public Law
108–375, the rates of monthly basic pay (37 U.S.C. 203(a)) for members
of the uniformed services, as adjusted under 37 U.S.C. 1009, and the rate
of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on
Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments.
(a) Pursuant to section 5304 of title 5, United States Code, and section
843 of Public Law 109–115, locality-based comparability payments shall
be paid in accordance with Schedule 9 attached hereto and made a part
hereof.
(b) The Director of the Office of Personnel Management shall take such
actions as may be necessary to implement these payments and to publish
appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for administrative
law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule
10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2006. The
other schedules contained herein are effective on the first day of the first
applicable pay period beginning on or after January 1, 2006.
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Sec. 8. Prior Order Superseded. Executive Order 13368 of December 30,
2004, is superseded.
W
THE WHITE HOUSE,
December 22, 2005.
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[FR Doc. 05–24596
Filed 12–23–05; 12:29 pm]
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Presidential Executive Order | 05-20156 (13386) | Presidential Documents
58289
Federal Register / Vol. 70, No. 192 / Wednesday, October 5, 2005 / Presidential Documents
Executive Order 13386 of September 30, 2005
Further Amendment to Executive Order 13369, Relating to
the President’s Advisory Panel on Federal Tax Reform
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to further extend the reporting
deadline of the President’s Advisory Panel on Federal Tax Reform, it is
hereby ordered as follows:
Section 1. Section 5 of Executive Order 13369 of January 7, 2005, as amended
by Executive Order 13379 of June 16, 2005, is further amended by deleting
‘‘September 30, 2005’’ and inserting in lieu thereof ‘‘November 1, 2005’’.
Sec. 2. Section 7 of Executive Order 13369 of January 7, 2005, is further
amended by deleting ‘‘30 days after submitting its report pursuant to section
5 of this order’’ and inserting in lieu thereof ‘‘November 15, 2005’’.
Sec. 3. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, against
the United States, its departments, agencies, entities, officers, employees
or agents, or any other person.
W
THE WHITE HOUSE,
September 30, 2005.
[FR Doc. 05–20156
Filed 10–4–05; 9:57 am]
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Presidential Executive Order | 05-19993 (13385) | Presidential Documents
57989
Federal Register
Vol. 70, No. 191
Tuesday, October 4, 2005
Title 3—
The President
Executive Order 13385 of September 29, 2005
Continuance of Certain Federal Advisory Committees and
Amendments to and Revocation of Other Executive Orders
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and consistent with the provisions
of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it
is hereby ordered as follows:
Section 1. Each advisory committee listed below is continued until September
30, 2007.
(a) Committee for the Preservation of the White House; Executive Order
11145, as amended (Department of the Interior).
(b) National Infrastructure Advisory Council; section 3 of Executive Order
13231, as amended (Department of Homeland Security).
(c) Federal Advisory Council on Occupational Safety and Health; Executive
Order 12196, as amended (Department of Labor).
(d) President’s Board of Advisors on Historically Black Colleges and Univer-
sities; Executive Order 13256 (Department of Education).
(e) President’s Board of Advisors on Tribal Colleges and Universities;
Executive Order 13270 (Department of Education).
(f) President’s Commission on White House Fellowships; Executive Order
11183, as amended (Office of Personnel Management).
(g) President’s Committee for People with Intellectual Disabilities; Execu-
tive Order 12994, as amended (Department of Health and Human Services).
(h) President’s Committee on the Arts and the Humanities; Executive
Order 12367, as amended (National Endowment for the Arts).
(i) President’s Committee on the International Labor Organization; Execu-
tive Order 12216, as amended (Department of Labor).
(j) President’s Committee on the National Medal of Science; Executive
Order 11287, as amended (National Science Foundation).
(k) President’s Council of Advisors on Science and Technology; Executive
Order 13226, as amended (Office of Science and Technology Policy).
(l) President’s Council on Bioethics; Executive Order 13237 (Department
of Health and Human Services).
(m) President’s Council on Physical Fitness and Sports; Executive Order
13265 (Department of Health and Human Services).
(n) President’s Export Council; Executive Order 12131, as amended (Depart-
ment of Commerce).
(o) President’s National Security Telecommunications Advisory Committee;
Executive Order 12382, as amended (Department of Homeland Security).
(p) Trade and Environment Policy Advisory Committee; Executive Order
12905 (Office of the United States Trade Representative).
Sec. 2. Notwithstanding the provisions of any other Executive Order, the
functions of the President under the Federal Advisory Committee Act that
are applicable to the committees listed in section 1 of this order shall
be performed by the head of the department or agency designated after
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each committee, in accordance with the guidelines and procedures estab-
lished by the Administrator of General Services.
Sec. 3. The following Executive Orders that established committees that
have terminated or whose work is completed are revoked:
(a) Executive Order 13328, establishing the Commission on the Intelligence
Capabilities of the United States Regarding Weapons of Mass Destruction;
and
(b) Executive Order 13326, establishing the President’s Commission on
Implementation of United States Space Exploration Policy.
Sec. 4. Sections 1 and 2 of Executive Order 13316 are superseded by sections
1 and 2 of this order.
Sec. 5. Section 3 of Executive Order 13231, as amended, is further amended
by striking section 3, except subsection (c) thereof, and inserting immediately
preceding subsection (c), the following:
‘‘Sec. 3. The National Infrastructure Advisory Council. The National Infra-
structure Advisory Council (NIAC), established on October 16, 2001, shall
provide the President through the Secretary of Homeland Security with
advice on the security of the critical infrastructure sectors and their informa-
tion systems.
(a) Membership. The NIAC shall be composed of not more than 30 members
appointed by the President, taking appropriate account of the benefits of
having members (i) from the private sector, including but not limited to
banking and finance, transportation, energy, communications, and emergency
services organizations and institutions of higher learning, and State, local,
and tribal governments, (ii) with senior leadership responsibilities for the
reliability and availability, which include security, of the critical infrastruc-
ture and key resource sectors, (iii) with expertise relevant to the functions
of the NIAC, and (iv) with experience equivalent to that of a chief executive
of an organization. Unless otherwise determined by the President, no full-
time officer or employee of the executive branch shall be appointed to
serve as a member of the NIAC. The President shall designate from among
the members of the NIAC a Chair and a Vice Chair, who shall perform
the functions of the Chair if the Chair is absent, disabled, or in the instance
of a vacancy in the Chair.
(b) Functions of the NIAC. The NIAC shall meet periodically to:
(i) enhance the partnership of the public and private sectors in protecting
critical infrastructures and their information systems and provide reports
on this issue to the President through the Secretary of Homeland Security,
as appropriate;
(ii) propose and develop ways to encourage private industry to perform
periodic risk assessments;
(iii) monitor the development and operations of private sector coordi-
nating councils and their information sharing mechanisms and provide
recommendations to the President through the Secretary of Homeland
Security on how these organizations can best foster improved cooperation
among the sectors, the Department of Homeland Security, and other Federal
Government entities;
(iv) report to the President through the Secretary of Homeland Security,
who shall ensure appropriate coordination with the Assistant to the Presi-
dent for Homeland Security and Counterterrorism, the Assistant to the
President for Economic Policy, and the Assistant to the President for
National Security Affairs under the terms of this order; and
(v) advise sector specific agencies with critical infrastructure responsibil-
ities to include issues pertaining to sector and government coordinating
councils and their information sharing mechanisms.’’
In implementing this order, the NIAC shall not advise or otherwise act
on matters pertaining to National Security and Emergency Preparedness
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(NS/EP) Communications and, with respect to any matters to which the
NIAC is authorized by this order to provide advice or otherwise act on
that may depend upon or affect NS/EP Communications, shall coordinate
with the National Security and Telecommunications Advisory Committee
established by Executive Order 12382, as amended.
Sec. 6. Executive Order 12367, as amended, is further amended by:
(a) Striking ‘‘including the Millennium’’ in section 2;
(b) Changing the title of section 3 to read ‘‘Administrative and Project
Support’’; and
(c) Adding the following new subsection 3(c):
(c) Additional project support may be provided, to the extent per-
mitted by law, by the Director of the Institute of Museum and Library
Services after consultation with the Chairpersons of the National En-
dowment for the Arts and the National Endowment for the Human-
ities.’’.
Sec. 7. Executive Order 12216, as amended, is further amended by revising
subsection 1–101 to read as follows:
‘‘1–101. There is established the President’s Committee on the International
Labor Organization (ILO). The members will be the Secretaries of Labor,
State, and Commerce, the Assistant to the President for National Security
Affairs, the Assistant to the President for Economic Policy, and one rep-
resentative each from organized labor and the business community, to
be designated by the Secretary of Labor.’’
Sec. 8. Executive Order 13226, as amended, is further amended by:
(a) Striking ‘‘not more than 25 members,’’ in section 1 and inserting
in lieu thereof ‘‘not more than 45 members,’’;
(b) Striking ‘‘24 of whom’’ in section 1 and inserting in lieu thereof
‘‘44 of whom’’; and
(c) Adding the following new subsection 2(d):
‘‘(d) PCAST shall serve as the President’s Information Technology Ad-
visory Committee under subsections 101(b) and 103(b) of the High-
Performance Computing Act of 1991 (Public Law 102–194), as amend-
ed (15 U.S.C. 5511(b) and 5513(b)).’’.
Sec. 9. Executive Order 13283 is revoked.
Sec. 10. This order shall be effective September 30, 2005.
W
THE WHITE HOUSE,
September 29, 2005.
[FR Doc. 05–19993
Filed 10–3–05; 8:45 am]
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Presidential Documents
Executive Order 13383 of July 15, 2005
Amending Executive Orders 12139 and 12949 in Light of
Establishment of the Office of Director of National Intel-
ligence
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section. 1. Section 1–103 of Executive Order 12139 of May 23, 1979, is
amended by:
(a) striking ‘‘(c) Director of Central Intelligence’’ and inserting in lieu
thereof ‘‘(c) Director of National Intelligence’’;
(b) striking ‘‘(g) Deputy Director of Central Intelligence’’ and inserting
in lieu thereof ‘‘(g) Director of the Central Intelligence Agency’’; and
(c) adding at the end thereof ‘‘(h) Principal Deputy Director of National
Intelligence.’’.
Sec. 2. Section 3 of Executive Order 12949 of February 9, 1995, is amended
by:
(a) striking ‘‘(c) Director of Central Intelligence’’ and inserting in lieu
thereof ‘‘Director of National Intelligence’’;
(b) striking ‘‘and’’ at the end of subsection (f);
(c) striking ‘‘(g) Deputy Director of Central Intelligence.’’ and inserting
in lieu thereof ‘‘(g) Director of the Central Intelligence Agency; and’’; and
(d) adding at the end thereof ‘‘(h) Principal Deputy Director of National
Intelligence.’’.
Sec. 3. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable by any party at law or in
equity against the United States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
W
THE WHITE HOUSE,
July 15, 2005.
[FR Doc. 05–14452
Filed 7–19–05; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 05-15160 (13384) | Presidential Documents
43739
Federal Register
Vol. 70, No. 145
Friday, July 29, 2005
Title 3—
The President
Executive Order 13384 of July 27, 2005
Assignment of Functions Relating to Original Appointments
as Commissioned Officers and Chief Warrant Officer Ap-
pointments in the Armed Forces
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Assignment of Functions to the Secretary of Defense. The Secretary
of Defense shall perform the functions of the President under the following
provisions of title 10, United States Code:
(a) subsection 531(a)(1); and
(b) the second sentence of subsection 571(b).
Sec. 2. Reassignment of Functions Assigned. The Secretary of Defense may
not reassign the functions assigned to him by this order.
Sec. 3. General Provisions. (a) Nothing in this order shall be construed
to limit or otherwise affect the authority of the President as Commander
in Chief of the Armed Forces of the United States, or under the Constitution
and laws of the United States to nominate or to make or terminate appoint-
ments.
(b) 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, entities, officers, employ-
ees or agents, or any other person.
W
THE WHITE HOUSE,
July 27, 2005.
[FR Doc. 05–15160
Filed 7–28–05; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 05-21571 (13388) | Presidential Documents
62023
Federal Register
Vol. 70, No. 207
Thursday, October 27, 2005
Title 3—
The President
Executive Order 13388 of October 25, 2005
Further Strengthening the Sharing of Terrorism Information
To Protect Americans
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 1016 of the Intel-
ligence Reform and Terrorism Prevention Act of 2004 (Public Law 108–
458), and in order to further strengthen the effective conduct of United
States counterterrorism activities and protect the territory, people, and inter-
ests of the United States of America, including against terrorist attacks,
it is hereby ordered as follows:
Section 1. Policy. To the maximum extent consistent with applicable law,
agencies shall, in the design and use of information systems and in the
dissemination of information among agencies:
(a) give the highest priority to (i) the detection, prevention, disruption,
preemption, and mitigation of the effects of terrorist activities against the
territory, people, and interests of the United States of America; (ii) the
interchange of terrorism information among agencies; (iii) the interchange
of terrorism information between agencies and appropriate authorities of
State, local, and tribal governments, and between agencies and appropriate
private sector entities; and (iv) the protection of the ability of agencies
to acquire additional such information; and
(b) protect the freedom, information privacy, and other legal rights of
Americans in the conduct of activities implementing subsection (a).
Sec. 2. Duties of Heads of Agencies Possessing or Acquiring Terrorism Infor-
mation. To implement the policy set forth in section 1 of this order, the
head of each agency that possesses or acquires terrorism information:
(a) shall promptly give access to the terrorism information to the head
of each other agency that has counterterrorism functions, and provide the
terrorism information to each such agency, unless otherwise directed by
the President, and consistent with (i) the statutory responsibilities of the
agencies providing and receiving the information; (ii) any guidance issued
by the Attorney General to fulfill the policy set forth in subsection 1(b)
of this order; and (iii) other applicable law, including sections 102A(g)
and (i) of the National Security Act of 1947, section 1016 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (including any policies, proce-
dures, guidelines, rules, and standards issued pursuant thereto), sections
202 and 892 of the Homeland Security Act of 2002, Executive Order 12958
of April 17, 1995, as amended, and Executive Order 13311 of July 29,
2003; and
(b) shall cooperate in and facilitate production of reports based on terrorism
information with contents and formats that permit dissemination that maxi-
mizes the utility of the information in protecting the territory, people, and
interests of the United States.
Sec. 3. Preparing Terrorism Information for Maximum Distribution. To assist
in expeditious and effective implementation by agencies of the policy set
forth in section 1 of this order, the common standards for the sharing
of terrorism information established pursuant to section 3 of Executive Order
13356 of August 27, 2004, shall be used, as appropriate, in carrying out
section 1016 of the Intelligence Reform and Terrorism Prevention Act of
2004.
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Sec. 4. Requirements for Collection of Terrorism Information Inside the
United States. To assist in expeditious and effective implementation by
agencies of the policy set forth in section 1 of this order, the recommendations
regarding the establishment of executive branch-wide collection and sharing
requirements, procedures, and guidelines for terrorism information collected
within the United States made pursuant to section 4 of Executive Order
13356 shall be used, as appropriate, in carrying out section 1016 of the
Intelligence Reform and Terrorism Prevention Act of 2004.
Sec. 5. Establishment and Functions of Information Sharing Council. (a)
Consistent with section 1016(g) of the Intelligence Reform and Terrorism
Prevention Act of 2004, there is hereby established an Information Sharing
Council (Council), chaired by the Program Manager to whom section 1016
of such Act refers, and composed exclusively of designees of: the Secretaries
of State, the Treasury, Defense, Commerce, Energy, and Homeland Security;
the Attorney General; the Director of National Intelligence; the Director
of the Central Intelligence Agency; the Director of the Office of Management
and Budget; the Director of the Federal Bureau of Investigation; the Director
of the National Counterterrorism Center; and such other heads of departments
or agencies as the Director of National Intelligence may designate.
(b) The mission of the Council is to (i) provide advice and information
concerning the establishment of an interoperable terrorism information shar-
ing environment to facilitate automated sharing of terrorism information
among appropriate agencies to implement the policy set forth in section
1 of this order; and (ii) perform the duties set forth in section 1016(g)
of the Intelligence Reform and Terrorism Prevention Act of 2004.
(c) To assist in expeditious and effective implementation by agencies
of the policy set forth in section 1 of this order, the plan for establishment
of a proposed interoperable terrorism information sharing environment re-
ported under section 5(c) of Executive Order 13356 shall be used, as appro-
priate, in carrying out section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004.
Sec. 6. Definitions. As used in this order:
(a) the term ‘‘agency’’ has the meaning set forth for the term ‘‘executive
agency’’ in section 105 of title 5, United States Code, together with the
Department of Homeland Security, but includes the Postal Rate Commission
and the United States Postal Service and excludes the Government Account-
ability Office; and
(b) the term ‘‘terrorism information’’ has the meaning set forth for such
term in section 1016(a)(4) of the Intelligence Reform and Terrorism Preven-
tion Act of 2004.
Sec. 7. General Provisions. (a) This order:
(i) shall be implemented in a manner consistent with applicable law,
including Federal law protecting the information privacy and other legal
rights of Americans, and subject to the availability of appropriations;
(ii) shall be implemented in a manner consistent with the authority of
the principal officers of agencies as heads of their respective agencies,
including under section 199 of the Revised Statutes (22 U.S.C. 2651),
section 201 of the Department of Energy Organization Act (42 U.S.C.
7131), section 103 of the National Security Act of 1947 (50 U.S.C. 403–
3), section 102(a) of the Homeland Security Act of 2002 (6 U.S.C. 112(a)),
and sections 301 of title 5, 113(b) and 162(b) of title 10, 1501 of title
15, 503 of title 28, and 301(b) of title 31, United States Code;
(iii) shall be implemented consistent with the Presidential Memorandum
of June 2, 2005, on ‘‘Strengthening Information Sharing, Access, and Inte-
gration—Organizational, Management, and Policy Development Structures
for Creating the Terrorism Information Sharing Environment;’’
(iv) shall not be construed to impair or otherwise affect the functions
of the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals; and
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(v) shall be implemented in a manner consistent with section 102A of
the National Security Act of 1947.
(b) This order is intended only to improve the internal management of
the Federal Government and is not intended to, and does not, create any
rights or benefits, substantive or procedural, enforceable at law or in equity
by a party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers, employees, or agents, or any other person.
Sec. 8. Amendments and Revocation. (a) Executive Order 13311 of July
29, 2003, is amended:
(i) by striking ‘‘Director of Central Intelligence’’ each place it appears
and inserting in lieu thereof in each such place ‘‘Director of National
Intelligence’’; and
(ii) by striking ‘‘103(c)(7)’’ and inserting in lieu thereof ‘‘102A(i)(1)’’.
(b) Executive Order 13356 of August 27, 2004, is hereby revoked.
W
THE WHITE HOUSE,
October 25, 2005.
[FR Doc. 05–21571
Filed 10–26–05; 8:45 am]
Billing code 3195–01–P
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| Further Strengthening the Sharing of Terrorism Information To Protect Americans | 2005-10-25T00:00:00 | 80670b774b505a119e776f2bf8bcab9556d8103b1a03eba678e439f9dae9bfc9 |
Presidential Executive Order | 05-13214 (13382) | Presidential Documents
38567
Federal Register
Vol. 70, No. 126
Friday, July 1, 2005
Title 3—
The President
Executive Order 13382 of June 28, 2005
Blocking
Property
of
Weapons
of
Mass
Destruction
Proliferators and Their Supporters
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code,
I, George W. Bush, President of the United States of America, in order
to take additional steps with respect to the national emergency described
and declared in Executive Order 12938 of November 14, 1994, regarding
the proliferation of weapons of mass destruction and the means of delivering
them, and the measures imposed by that order, as expanded by Executive
Order 13094 of July 28, 1998, hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and
(4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and notwith-
standing any contract entered into or any license or permit granted prior
to the effective date of this order, all property and interests in property
of the following persons, 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 United States 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 foreign person determined by the Secretary of State, in consultation
with the Secretary of the Treasury, the Attorney General, and other relevant
agencies, to have engaged, or attempted to engage, in activities or trans-
actions that have materially contributed to, or pose a risk of materially
contributing to, the proliferation of weapons of mass destruction or their
means of delivery (including missiles capable of delivering such weapons),
including any efforts to manufacture, acquire, possess, develop, transport,
transfer or use such items, by any person or foreign country of proliferation
concern;
(iii) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State, the Attorney General, and other relevant
agencies, to have provided, or attempted to provide, financial, material,
technological or other support for, or goods or services in support of,
any activity or transaction described in paragraph (a)(ii) of this section,
or any person whose property and interests in property are blocked pursu-
ant to this order; and
(iv) any person determined by the Secretary of the Treasury, in consultation
with the Secretary of State, the Attorney General, and other relevant
agencies, to be owned or controlled by, or acting or purporting to act
for or on behalf of, directly or indirectly, any person whose property
and interests in property are blocked pursuant to this order.
(b) Any transaction or dealing by a United States person or within the
United States in property or interests in property blocked pursuant to this
order is prohibited, including, but not limited to, (i) the making of any
contribution or provision of funds, goods, or services by, to, or for the
benefit of, any person whose property and interests in property are blocked
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pursuant to this order, and (ii) the receipt of any contribution or provision
of funds, goods, or services from any such person.
(c) Any transaction by a United States person or within the United States
that evades or avoids, has the purpose of evading or avoiding, or attempts
to violate any of the prohibitions set forth in this order is prohibited.
(d) Any conspiracy formed to violate the prohibitions set forth in this
order is prohibited.
Sec. 2. For purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 3. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by,
to, or for the benefit of, any person whose property and interests in property
are blocked pursuant to this order would seriously impair my ability to
deal with the national emergency declared in Executive Order 12938, and
I hereby prohibit such donations as provided by section 1 of this order.
Sec. 4. Section 4(a) of Executive Order 12938, as amended, is further amended
to read as follows:
‘‘Sec. 4. Measures Against Foreign Persons.
(a) Determination by Secretary of State; Imposition of Measures. Except
to the extent provided in section 203(b) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)), where applicable, if the Secretary
of State, in consultation with the Secretary of the Treasury, determines
that a foreign person, on or after November 16, 1990, the effective date
of Executive Order 12735, the predecessor order to Executive Order 12938,
has engaged, or attempted to engage, in activities or transactions that have
materially contributed to, or pose a risk of materially contributing to, the
proliferation of weapons of mass destruction or their means of delivery
(including missiles capable of delivering such weapons), including any efforts
to manufacture, acquire, possess, develop, transport, transfer, or use such
items, by any person or foreign country of proliferation concern, the measures
set forth in subsections (b), (c), and (d) of this section shall be imposed
on that foreign person to the extent determined by the Secretary of State,
in consultation with the implementing agency and other relevant agencies.
Nothing in this section is intended to preclude the imposition on that
foreign person of other measures or sanctions available under this order
or under other authorities.’’
Sec. 5. For those persons whose property and interests in property are
blocked pursuant to section 1 of this order who might have a constitutional
presence in the United States, I find that because of the ability to transfer
funds or other assets instantaneously, prior notice to such persons of meas-
ures to be taken pursuant to this order would render these measures ineffec-
tual. I therefore determine that for these measures to be effective in addressing
the national emergency declared in Executive Order 12938, as amended,
there need be no prior notice of a listing or determination made pursuant
to section 1 of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized 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 this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government, consistent
with applicable law. All agencies of the United States Government are
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hereby directed to take all appropriate measures within their authority to
carry out the provisions of this order and, where appropriate, to advise
the Secretary of the Treasury in a timely manner of the measures taken.
Sec. 7. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to determine, subsequent to the issuance
of this order, that circumstances no longer warrant the inclusion of a person
in the Annex to this order and that the property and interests in property
of that person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. 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, instrumentalities,
or entities, its officers or employees, or any other person.
Sec. 9. (a) This order is effective at 12:01 a.m. eastern daylight time on
June 29, 2005.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
W
THE WHITE HOUSE,
June 28, 2005.
Billing code 3195–01–P
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ANNEX
Korea Mining Development Trading Corporation
Tanchon Commercial Bank
Korea Ryonbong General Corporation
Aerospace Industries Organization
Shahid Hemmat Industrial Group
Shahid Bakeri Industrial Group
Atomic Energy Organization of Iran
Scientific Studies and Research Center
[FR Doc. 05–13214
Filed 6–30–05; 9:31 am]
Billing code 4810–25–P
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| Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters | 2005-06-28T00:00:00 | 4e8abfb9a7586961ea43ff55d740f0723bb77ba77073c434afcae995d5dc9cf4 |
Presidential Executive Order | 05-13098 (13381) | Presidential Documents
37953
Federal Register
Vol. 70, No. 125
Thursday, June 30, 2005
Title 3—
The President
Executive Order 13381 of June 27, 2005
Strengthening Processes Relating to Determining Eligibility
for Access to Classified National Security Information
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to assist in determining
eligibility for access to classified national security information, while taking
appropriate account of title III of Public Law 108–458, it is hereby ordered
as follows:
Section 1. Policy. To the extent consistent with safeguarding the security
of the United States and protecting classified national security information
from unauthorized disclosure, agency functions relating to determining eligi-
bility for access to classified national security information shall be appro-
priately uniform, centralized, efficient, effective, timely, and reciprocal.
Sec. 2. Functions of the Office of Management and Budget. The Director
of the Office of Management and Budget (Director):
(a) may, to ensure the effective implementation of the policy set forth
in section 1 of this order, assign, in whole or in part, to the head of
any agency (solely or jointly) any process relating to determinations of
eligibility for access to classified national security information, with the
agency’s exercise of such assigned process to be subject to the Director’s
supervision and to such terms and conditions (including approval by the
Office of Management and Budget) as the Director determines appropriate;
(b) shall carry out any process that the Director does not assign to another
agency (or agencies) under subsection (a);
(c) may, after consultation with the Secretary of State, Secretary of Defense,
the Attorney General, the Secretary of Energy, the Secretary of Homeland
Security, the Director of National Intelligence (DNI), and the Director of
the Office of Personnel Management, issue guidelines and instructions to
the heads of agencies to ensure appropriate uniformity, centralization, effi-
ciency, effectiveness, and timeliness in processes relating to determinations
by agencies of eligibility for access to classified national security information;
(d) may, with regard to determining eligibility for access to Sensitive
Compartmented Information (SCI) and ‘‘special access programs pertaining
to intelligence activities; including special activities, but not including mili-
tary operational, strategic, and tactical programs’’ (Intelligence SAPs) under
section 4.3(a) of Executive Order 12958 of April 17, 1995, as amended,
issue guidelines and instructions with the concurrence of the DNI to the
heads of agencies to ensure appropriate uniformity, centralization, efficiency,
effectiveness, and timeliness in making such determinations relating to those
programs;
(e) may, with regard to determining eligibility for access to special access
programs (SAP) as defined in Executive Order 12958 other than Intelligence
SAPs, issue guidelines and instructions with the concurrence of the agency
head with responsibility for the SAP to ensure appropriate uniformity, cen-
tralization, efficiency, effectiveness, and timeliness in making such deter-
minations relating to those programs;
(f) may report periodically to the President on implementation by agencies
of the policy set forth in section 1; and
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(g) shall submit reports to the Congress relating to the subject matter
of this order to the extent required by law.
Sec. 3. Functions of the Heads of Agencies. (a) Heads of agencies shall:
(i) carry out any process assigned to the agency head by the Director
under subsection 2(a) of this order, and shall assist the Director in carrying
out any process under subsection 2(b);
(ii) implement guidelines and instructions issued by the Director under
subsections 2(c), 2(d), and 2(e) of this order;
(iii) to the extent permitted by law, make available to the Director such
information as the Director may request to implement this order;
(iv) ensure that all actions taken under this order take appropriate account
of the counterintelligence interests of the United States; and
(v) ensure that all actions taken under this order are consistent with
the DNI’s responsibility to protect intelligence sources and methods.
(b) The Director and other heads of agencies shall ensure that all actions
taken under this order are consistent with the President’s constitutional
authority to (i) conduct the foreign affairs of the United States, (ii) withhold
information the disclosure of which could impair the foreign relations, the
national security, the deliberative processes of the Executive, or the perform-
ance of the Executive’s constitutional duties, (iii) recommend for congres-
sional consideration such measures as the President may judge necessary
or expedient, and (iv) supervise the unitary executive branch.
Sec. 4. Definitions. As used in this order:
(a) the term ‘‘agencies’’ means: (i) any ‘‘executive department’’ as defined
in section 101 of title 5, United States Code, as well as the Department
of Homeland Security; (ii) any ‘‘military department’’ as defined in section
102 of title 5, United States Code; (iii) any ‘‘government corporation’’ as
defined in section 103 of title 5, United States Code; and (iv) any ‘‘inde-
pendent establishment’’ as defined in section 104 of title 5, United States
Code, but excluding the Government Accountability Office and including
the United States Postal Service and the Postal Rate Commission.
(b) the term ‘‘classified national security information’’ means information
that is classified pursuant to Executive Order 12958;
(c) the term ‘‘counterintelligence’’ has the meaning specified for that term
in section 3 of the National Security Act of 1947 (50 U.S.C. 401a); and
(d) the term ‘‘process’’ means: (i) oversight of determinations of eligibility
for access to classified national security information, including for SCI and
SAPs made by any agency, as well as the acquisition of information through
investigation or other means upon which such determinations are made;
(ii) developing and implementing uniform and consistent policies and proce-
dures to ensure the effective, efficient, and timely completion of access
eligibility determinations, to include for SAPs; (iii) designating an authorized
agency for making access eligibility determinations and an authorized agency
for collecting information through investigation upon which such determina-
tions are made; (iv) ensuring reciprocal recognition of determinations of
eligibility for access to classified information among the agencies of the
United States Government, including resolution of disputes involving the
reciprocity of security clearances and access to SCI and SAPs; (v) ensuring
the availability of resources to achieve clearance and investigative program
goals regarding the making of access determinations as well as the collection
of information through investigation and other means upon which such
determinations are made; and (vi) developing tools and techniques for en-
hancing the making of access eligibility determinations as well as the collec-
tion of information through investigation and other means upon which such
determinations are made.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to supersede, impede, or otherwise affect:
(1) Executive Order 10865 of February 20, 1960, as amended;
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(2) Executive Order 12333 of December 4, 1981, as amended;
(3) Executive Order 12958, as amended;
(4) Executive Order 12968 of August 2, 1995;
(5) Executive Order 12829 of January 6, 1993, as amended;
(6) subsections 102A(i) and (j) of the National Security Act of 1947
(50 U.S.C. 403–1(i) and (j)); and
(7) sections 141 through 146 of the Atomic Energy Act of 1954 (42
U.S.C. 2161 through 2166).
(b) Executive Order 12171 of November 19, 1979, as amended, is further
amended by inserting after section after 1–215 the following new section:
‘‘1–216. The Center for Federal Investigative Services, Office of Personnel
Management.’’
(c) Nothing in this order shall be construed to impair or otherwise affect
any authority of the Director, including with respect to budget, legislative,
or administrative proposals. The Director may use any authority of the
Office of Management and Budget in carrying out this order.
(d) Existing delegations of authority to any agency relating to granting
access to classified information and conducting investigations shall remain
in effect, subject to the authority of the Office of Management and Budget
under section 2 of this order to revise or revoke such delegation.
(e) This order is intended solely to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by a party against the United States, its departments, agencies, entities,
officers, employees, or agents, or any other person.
Sec. 6. Submission of Report and Expiration of Order.
(a) The Director shall submit a report to the President, on or before
April 1, 2006, on the implementation of this order and the policy set
forth in section 1 of this order.
(b) Unless extended by the President, this order shall expire on July
1, 2006.
W
THE WHITE HOUSE,
June 27, 2005.
[FR Doc. 05–13098
Filed 6–29–05; 8:45 am]
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| Strengthening Processes Relating to Determining Eligibility for Access to Classified National Security Information | 2005-06-27T00:00:00 | ce62b521ea64693118c812430d6f97b2c39edd57853e301a460e865b6fb79e74 |
Presidential Executive Order | 05-20944 (13387) | Presidential Documents
60697
Federal Register
Vol. 70, No. 200
Tuesday, October 18, 2005
Title 3—
The President
Executive Order 13387 of October 14, 2005
2005 Amendments to the Manual for Courts-Martial, United
States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946),
and in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order 12473, as amended, it is hereby
ordered as follows:
Section 1. Part II of the Manual for Courts-Martial, United States, is
amended as follows:
(a) R.C.M. 103(2) is amended by replacing the word ‘‘without’’ with the
word ‘‘with’’ and by replacing the word ‘‘noncapital’’ with the word ‘‘cap-
ital’’.
(b) R.C.M. 201(e)(2)(B) is amended by adding the word ‘‘general’’ between
the words ‘‘convene’’ and ‘‘courts-martial’’ and by inserting the following
words after ‘‘armed forces’’:
‘‘assigned or attached to a combatant command or joint command’’.
(c) R.C.M. 201(e)(2)(C) is amended by inserting the words ‘‘assigned or
attached to a joint command or joint task force,’’ immediately before the
words ‘‘under regulations which the superior command may prescribe’’.
(d) R.C.M. 201(e)(3) is amended by inserting the following immediately
after the words ‘‘armed force’’:
‘‘, using the implementing regulations and procedures prescribed by the
Secretary concerned of the military service of the accused,’’.
(e) R.C.M. 201(e)(4) is amended by adding the words ‘‘, member, or coun-
sel’’ after the words ‘‘military judge’’.
(f) R.C.M. 201(f)(1)(A)(iii)(b) is amended to read as follows:
‘‘(b) The case has not been referred with a special instruction that the
case is to be tried as capital.’’
(g) R.C.M. 307(c)(4) is amended by inserting the following at the end
thereof:
‘‘What is substantially one transaction should not be made the basis for
an unreasonable multiplication of charges against one person.’’
(h) R.C.M. 501(a)(1) is amended to read as follows:
‘‘(1) General courts-martial.
(A) Except in capital cases, general courts-martial shall consist of a military
judge and not less than five members, or of the military judge alone if
requested and approved under R.C.M. 903.
(B) In all capital cases, general courts-martial shall consist of a military
judge and no fewer than 12 members, unless 12 members are not reasonably
available because of physical conditions or military exigencies. If 12 members
are not reasonably available, the convening authority shall detail the next
lesser number of reasonably available members under 12, but in no event
fewer than five. In such a case, the convening authority shall state in
the convening order the reasons why 12 members are not reasonably avail-
able.’’
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(i) R.C.M. 503(a)(3) is amended by deleting ‘‘court-martial’’ and inserting
‘‘courts-martial’’ in lieu thereof.
(j) R.C.M. 503(b)(3) is amended by inserting the words ‘‘, a combatant
command or joint command’’ after the words ‘‘A military judge from one
armed force may be detailed to a court-martial convened in a different
armed force’’.
(k) R.C.M. 503(c)(3) is amended by inserting the words ‘‘, a combatant
command or joint command’’ after the words ‘‘A person from one armed
force may be detailed to serve as counsel in a court-martial in a different
armed force’’.
(l) R.C.M. 504, (b)(2)(A) is amended by inserting the following at the
end thereof:
‘‘A subordinate joint command or joint task force is ordinarily considered
to be ‘‘separate or detached.’’’’
(m) R.C.M. 504, (b)(2)(B) is amended by deleting the word ‘‘or’’ at the
end of the first element thereof, by deleting the period and adding ‘‘ ;
or’’ at the end of the second element thereof, and by inserting the following
as a third element:
‘‘(iii) In a combatant command or joint command, by the officer exercising
general court-martial jurisdiction over the command.’’
(n) R.C.M. 805(b) is amended by replacing the current second sentence
with the following:
‘‘No general court-martial proceeding requiring the presence of members
may be conducted unless at least five members are present, or in capital
cases, at least 12 members are present except as provided in R.C.M.
501(a)(1)(B), where 12 members are not reasonably available because of
physical conditions or military exigencies. No special court-martial pro-
ceeding requiring the presence of members may be conducted unless at
least three members are present except as provided in R.C.M. 912(h).’’
(o) R.C.M. 912(f)(4) is amended by deleting the fifth sentence and by
inserting the following words immediately after the words ‘‘When a challenge
for cause has been denied’’ in the fourth sentence:
‘‘the successful use of a peremptory challenge by either party, excusing
the challenged member from further participation in the court-martial, shall
preclude further consideration of the challenge of that excused member
upon later review. Further,’’
(p) R.C.M. 1003(b)(2) is amended by replacing the word ‘‘foreign’’ with
the word ‘‘hardship.’’
(q) R.C.M. 1004(b) is amended by inserting the following after ‘‘(1) Notice.’’
and before the word ‘‘Before’’:
‘‘(A) Referral. The convening authority shall indicate that the case is
to be tried as a capital case by including a special instruction in the referral
block of the charge sheet. Failure to include this special instruction at
the time of the referral shall not bar the convening authority from later
adding the required special instruction, provided:
(i) that the convening authority has otherwise complied with the notice
requirement of subsection (B); and
(ii) that if the accused demonstrates specific prejudice from such failure
to include the special instruction, a continuance or a recess is an adequate
remedy.
(B) Arraignment.’’
(r) Insert the following new R.C.M. 1103A after R.C.M. 1103:
‘‘Rule 1103A. Sealed exhibits and proceedings.
(a) In general. If the record of trial contains exhibits, proceedings, or
other matter ordered sealed by the military judge, the trial counsel shall
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cause such materials to be sealed so as to prevent indiscriminate viewing
or disclosure. Trial counsel shall ensure that such materials are properly
marked, including an annotation that the material was sealed by order
of the military judge, and inserted at the appropriate place in the original
record of trial. Copies of the record shall contain appropriate annotations
that matters were sealed by order of the military judge and have been
inserted in the original record of trial. This Rule shall be implemented
in a manner consistent with Executive Order 12958, as amended, concerning
classified national security information.
(b) Examination of sealed exhibits and proceedings. Except as provided
in the following subsections to this rule, sealed exhibits may not be examined.
(1) Examination of sealed matters. For the purpose of this rule, ‘‘examina-
tion’’ includes reading, viewing, photocopying, photographing, disclosing,
or manipulating the documents in any way.
(2) Prior to authentication. Prior to authentication of the record by the
military judge, sealed materials may not be examined in the absence of
an order from the military judge based on good cause shown.
(3) Authentication through action. After authentication and prior to disposi-
tion of the record of trial pursuant to Rule for Courts-Martial 1111, sealed
materials may not be examined in the absence of an order from the military
judge upon a showing of good cause at a post-trial Article 39a session
directed by the Convening Authority.
(4) Reviewing and appellate authorities.
(A) Reviewing and appellate authorities may examine sealed matters when
those authorities determine that such action is reasonably necessary to a
proper fulfillment of their responsibilities under the Uniform Code of Military
Justice, the Manual for Courts-Martial, governing directives, instructions,
regulations, applicable rules for practice and procedure, or rules of profes-
sional responsibility.
(B) Reviewing and appellate authorities shall not, however, disclose sealed
matter or information in the absence of:
(i) Prior authorization of the Judge Advocate General in the case of review
under Rule for Courts-Martial 1201(b); or
(ii) Prior authorization of the appellate court before which a case is pending
review under Rules for Courts-Martial 1203 and 1204.
(C) In those cases in which review is sought or pending before the United
States Supreme Court, authorization to disclose sealed materials or informa-
tion shall be obtained under that Court’s rules of practice and procedure.
(D) The authorizing officials in paragraph (B)(ii) above may place condi-
tions on authorized disclosures in order to minimize the disclosure.
(E) For purposes of this rule, reviewing and appellate authorities are
limited to:
(i) Judge advocates reviewing records pursuant to Rule for Courts-Martial
1112;
(ii) Officers and attorneys in the office of the Judge Advocate General
reviewing records pursuant to Rule for Courts-Martial 1201(b);
(iii) Appellate government counsel;
(iv) Appellate defense counsel;
(v) Appellate judges of the Courts of Criminal Appeals and their profes-
sional staffs;
(vi) The judges of the United States Court of Appeals for the Armed
Forces and their professional staffs;
(vii) The Justices of the United States Supreme Court and their professional
staffs; and
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(viii) Any other court of competent jurisdiction.’’
(s) R.C.M. 1301(a) is amended by inserting the following after the second
sentence:
‘‘Summary courts-martial shall be conducted in accordance with the regula-
tions of the military service to which the accused belongs.’’
Sec. 2. Part III of the Manual for Courts-Martial, United States, is amended
as follows:
Mil. R. Evid. 317(b) is amended by replacing the word ‘‘Transportation’’
with the words ‘‘Homeland Security.’’
Sec. 3. Part IV of the Manual for Courts-Martial, United States, is amended
as follows:
(a) Paragraph 14c(2)(a) is amended by inserting the following new subpara-
graph (ii) and renumbering existing subparagraphs (a)(ii) through (iv) as
(a)(iii) through (v):
‘‘(ii) Determination of lawfulness. The lawfulness of an order is a question
of law to be determined by the military judge.’’
(b) Paragraph 16(c)(1)(a) is amended by replacing the word ‘‘Transpor-
tation’’ with the words ‘‘Homeland Security’’.
(c) Paragraph 35a is amended to read as follows:
‘‘a. Text.
(a) Any person subject to this chapter who—
(1) operates or physically controls any vehicle, aircraft, or vessel in a
reckless or wanton manner or while impaired by a substance described
in section 912a(b) of this title (Article 112a(b)), or
(2) operates or is in actual physical control of any vehicle, aircraft, or
vessel while drunk or when the alcohol concentration in the person’s blood
or breath is equal to or exceeds the level prohibited under subsection (b),
as shown by chemical analysis, shall be punished as a court-martial may
direct.
(b)(1) For purposes of subsection (a), the applicable level of the alcohol
concentration in a person’s blood or breath is as follows:
(A) In the case of the operation or control of a vehicle, aircraft, or vessel
in the United States, the level is the blood alcohol concentration prohibited
under the law of the State in which the conduct occurred, except as may
be provided under paragraph (b)(2) for conduct on a military installation
that is in more than one State, or the prohibited alcohol concentration
level specified in paragraph (b)(3).
(B) In the case of the operation or control of a vehicle, aircraft, or vessel
outside the United States, the level is the blood alcohol concentration speci-
fied in paragraph (b)(3) or such lower level as the Secretary of Defense
may by regulation prescribe.
(2) In the case of a military installation that is in more than one State,
if those States have different levels for defining their prohibited blood alcohol
concentrations under their respective State laws, the Secretary concerned
for the installation may select one such level to apply uniformly on that
installation.
(3) For purposes of paragraph (b)(1), the level of alcohol concentration
prohibited in a person’s blood is 0.10 grams or more of alcohol per 100
milliliters of blood and with respect to alcohol concentration in a person’s
breath is 0.10 grams or more of alcohol per 210 liters of breath, as shown
by chemical analysis.’’
(4) In this subsection, the term ‘‘United States’’ includes the District of
Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam,
and American Samoa, and the term ‘‘State’’ includes each of those jurisdic-
tions.’’
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(d) Paragraph 35b(2)(c) is amended to read as follows:
‘‘(c) the alcohol concentration level in the accused’s blood or breath,
as shown by chemical analysis, was equal to or exceeded the applicable
level provided in paragraph 35a above.’’
(e) Paragraph 35f is amended as follows:
‘‘In that ______(personal jurisdiction data), did (at/on board—required),
on or about 20___, (in the motor pool area) (near the Officer’s Club) (at
the intersection of ___ and ___) (while in the Gulf of Mexico) (while in
flight over North America) physically control [a vehicle, to wit: (a truck)
(a passenger car) (___)] [an aircraft, to wit: (an AH–64 helicopter)(an F–
14A fighter)(a KC–135 tanker) (___)] [a vessel, to wit: (the aircraft carrier
USS ___) (the Coast Guard Cutter) (___)], [while drunk] [while impaired
by ___] [while the alcohol concentration in his (blood)(breath) was, as shown
by chemical analysis, equal to or exceeded (.10) (___) grams of alcohol
per (100 milliliters of blood) (210 liters of breath), which is the limit under
(cite applicable State law) (cite applicable statute or regulation)] [in a (reck-
less) (wanton) manner by (attempting to pass another vehicle on a sharp
curve) (by ordering that the aircraft be flown below the authorized altitude)]
[and did thereby cause said (vehicle) (aircraft) (vessel) to (strike and) (injure
______ )].’’
(f) Paragraph 97 is amended by (1) inserting the following new subpara-
graph (b)(2) and renumbering the existing subparagraphs (b)(2) and (b)(3)
as (b)(3) and (b)(4); (2) adding the words ‘‘and patronizing a prostitute’’
after the word ‘‘Prostitution’’ in subparagraph (e)(1); and (3) inserting the
following new subparagraph (f)(2) and renumbering the existing subpara-
graphs (f)(2) and (f)(3) as (f)(3) and (f)(4):
‘‘(b)(2) Patronizing a prostitute.
(a) That the accused had sexual intercourse with another person not
the accused’s spouse;
(b) That the accused compelled, induced, enticed, or procured such person
to engage in an act of sexual intercourse in exchange for money or other
compensation; and
(c) That this act was wrongful; and
(d) That, under the circumstances, the conduct of the accused was to
the prejudice of good order and discipline in the armed forces or was
of a nature to bring discredit upon the armed forces.’’
‘‘(f)(2) Patronizing a prostitute.
In that ___ (personal jurisdiction data), did, (at/on board—location) (subject-
matter jurisdiction data, if required), on or about ___20___, wrongfully (com-
pel) (induce) (entice) (procure) ___ , a person not his/her spouse, to engage
in (an act) (acts) of sexual intercourse with the accused in exchange for
(money) (______).’’
(g) Paragraph 109 is amended to read as follows:
‘‘109. ARTICLE 134—(Threat or hoax designed or intended to cause panic
or public fear)
a. Text. See paragraph 60.
b. Elements.
(1) Threat.
(a) That the accused communicated certain language;
(b) That the information communicated amounted to a threat;
(c) That the harm threatened was to be done by means of an explosive;
weapon of mass destruction; biological or chemical agent, substance, or
weapon; or hazardous material;
(d) That the communication was wrongful; and
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(e) That, under the circumstances, the conduct of the accused was to
the prejudice of good order and discipline in the armed forces or was
of a nature to bring discredit upon the armed forces.
(2) Hoax.
(a) That the accused communicated or conveyed certain information;
(b) That the information communicated or conveyed concerned an attempt
being made or to be made by means of an explosive; weapon of mass
destruction; biological or chemical agent, substance, or weapon; or hazardous
material, to unlawfully kill, injure, or intimidate a person or to unlawfully
damage or destroy certain property;
(c) That the information communicated or conveyed by the accused was
false and that the accused then knew it to be false;
(d) That the communication of the information by the accused was mali-
cious; and
(e) That, under the circumstances, the conduct of the accused was to
the prejudice of good order and discipline in the armed forces or was
of a nature to bring discredit upon the armed forces.
c. Explanation.
(1) Threat. A ‘‘threat’’ means an expressed present determination or intent
to kill, injure, or intimidate a person or to damage or destroy certain property
presently or in the future. Proof that the accused actually intended to kill,
injure, intimidate, damage, or destroy is not required.
(2) Explosive. ‘‘Explosive’’ means gunpowder, powders used for blasting,
all forms of high explosives, blasting materials, fuses (other than electrical
circuit breakers), detonators, and other detonating agents, smokeless powders,
any explosive bomb, grenade, missile, or similar device, and any incendiary
bomb or grenade, fire bomb, or similar device, and any other explosive
compound, mixture, or similar material.
(3) Weapon of mass destruction. A weapon of mass destruction means
any device, explosive or otherwise, that is intended, or has the capability,
to cause death or serious bodily injury to a significant number of people
through the release, dissemination, or impact of: toxic or poisonous chemi-
cals, or their precursors; a disease organism; or radiation or radioactivity.
(4) Biological agent. The term ‘‘biological agent’’ means 12 any micro-
organism (including bacteria, viruses, fungi, rickettsiac, or protozoa), patho-
gen, or infectious substance, and any naturally occurring, bioengineered,
or synthesized component of any such micro-organism, pathogen, or infec-
tious substance, whatever its origin or method of production, that is capable
of causing—
(a) death, disease, or other biological malfunction in a human, an animal,
a plant, or another living organism;
(b) deterioration of food, water, equipment, supplies, or materials of any
kind; or
(c) deleterious alteration of the environment.
(5) Chemical agent, substance, or weapon. A chemical agent, substance,
or weapon refers to a toxic chemical and its precursors or a munition
or device, specifically designed to cause death or other harm through toxic
properties of those chemicals that would be released as a result of the
employment of such munition or device, and any equipment specifically
designed for use directly in connection with the employment of such muni-
tions or devices.
(6) Hazardous material. A substance or material (including explosive,
radioactive material, etiologic agent, flammable or combustible liquid or
solid, poison, oxidizing or corrosive material, and compressed gas, or mixture
thereof) or a group or class of material designated as hazardous by the
Secretary of Transportation.
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(7) Malicious. A communication is ‘‘malicious’’ if the accused believed
that the information would probably interfere with the peaceful use of
the building, vehicle, aircraft, or other property concerned, or would cause
fear or concern to one or more persons.
d. Lesser included offenses.
(1) Threat
(a) Article 134—communicating a threat
(b) Article 80—attempts
(c) Article 128—assault
(2) Hoax. Article 80—attempts
e. Maximum punishment. Dishonorable discharge, forfeitures of all pay
and allowances, and confinement for 10 years.
f. Sample specifications.
(1) Threat.
In that ______ (personal jurisdiction data) did, (at/on board—location)
on or about _____20___, wrongfully communicate certain information, to
wit: ______, which language constituted a threat to harm a person or property
by means of a(n) [explosive; weapon of mass destruction; biological agent,
substance, or weapon; chemical agent, substance, or weapon; and/or (a)
hazardous material(s)].
(2) Hoax.
In that ______ (personal jurisdiction data) did, (at/on board—location),
on or about ______20____, maliciously (communicate) (convey) certain infor-
mation concerning an attempt being made or to be made to unlawfully
[(kill) (injure) (intimidate) ______] [(damage) (destroy) ______] by means of
a(n) [explosive; weapon of mass destruction; biological agent, substance,
or weapon; chemical agent, substance, or weapon; and/or (a) hazardous
material(s)], to wit: ___, which information was false and which the accused
then knew to be false.’’
Sec. 4. Part V of the Manual for Courts-Martial, United States, is amended
as follows:
(a) Paragraph 1(h) is amended by redesignating existing paragraph 1(h)
as 1(i) and inserting the following new paragraph 1(h):
‘‘h. Applicable standards. Unless otherwise provided, the service regula-
tions and procedures of the servicemember shall apply.’’
(b) Paragraph 2(a) is amended by replacing the words ‘‘Unless otherwise’’
with the word ‘‘As’’.
(c) Paragraph 2(a) is amended by inserting the following after the second
sentence:
‘‘Commander includes a commander of a joint command.’’
(d) Paragraph 2(a) is amended by inserting the words ‘‘of a commander’’
in the third sentence after the words ‘‘the authority.’’
Sec. 5. These amendments shall take effect 30 days from the date of this
order.
(a) Nothing in these amendments shall be construed to make punishable
any act done or omitted prior to the effective date of this order that was
not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any
nonjudicial punishment proceeding, restraint, investigation, referral of
charges, trial in which arraignment occurred, or other action begun prior
to the effective date of this order, and any such nonjudicial punishment
proceeding, restraint, investigation, referral of charges, trial, or other action
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may proceed in the same manner and with the same effect as if these
amendments had not been prescribed.
W
THE WHITE HOUSE,
October 14, 2005.
Billing code 3195–01–P
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[FR Doc. 05–20944
Filed 10–17–05 8:45 am]
Billing code 5000–04–C
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| 2005 Amendments to the Manual for Courts-Martial, United States | 2005-10-14T00:00:00 | 55bd1ab3fa269442ed7e6aff60335348e598480c06d5d0ee3d3bcfff7cc3f82e |
Presidential Executive Order | 05-12354 (13380) | Presidential Documents
35509
Federal Register
Vol. 70, No. 118
Tuesday, June 21, 2005
Title 3—
The President
Executive Order 13380 of June 17, 2005
Implementing Amendments to Agreement on Border
Environment Cooperation Commission and North American
Development Bank
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 533 of the North
American Free Trade Agreement Implementation Act (19 U.S.C. 3473), it
is hereby ordered as follows:
Section 1. Executive Order 12916 of May 13, 1994, is amended as follows:
(a) in section 1, by inserting ‘‘, as amended by the Protocol of Amendment
done at Washington and Mexico City, November 25 and 26, 2002’’ after
‘‘North American Development Bank’’;
(b) by striking section 2 and inserting in lieu thereof the following:
‘‘Sec. 2. (a) The Secretary of State, the Secretary of the Treasury, and
the Administrator of the Environmental Protection Agency shall be mem-
bers of the Board of Directors of the Border Environment Cooperation
Commission and the North American Development Bank (‘‘Board’’) as
provided in clauses (1), (3), and (5) of article II in chapter III of the
Agreement.
(b) Appointments to the Board under clauses (7) and (9) of article
II in chapter III of the Agreement shall be made by the President. Individ-
uals so appointed shall serve at the pleasure of the President.
(c) The Secretary of the Treasury is selected to be the Chairperson
of the Board during any period in which the United States is to select
the Chairperson under article III in chapter III of the Agreement.
(d) Except with respect to functions assigned by section 4, 5, 6, or
7 of this order, the Secretary of the Treasury shall coordinate with the
Secretary of State, the Administrator of the Environmental Protection Agen-
cy, such other agencies and officers as may be appropriate, and the individ-
uals appointed under subsection 2(b) as may be appropriate, the develop-
ment of the policies and positions of the United States with respect
to matters coming before the Board.’’;
(c) in section 3, by striking subsections (a), (b), and (c), striking ‘‘(d)’’,
and striking ‘‘representatives’’ and inserting in lieu thereof ‘‘members of
the Board listed in subsections 2(a) and (b)’’;
(d) in section 6, by striking ‘‘Advisory Committee’’ and inserting in lieu
thereof ‘‘Community Adjustment and Investment Program Advisory Com-
mittee (‘‘Advisory Committee’’) established pursuant to section 543(b) of
the NAFTA Implementation Act’’; and
(e) in section 7(c), by striking ‘‘Members’’ and inserting in lieu thereof
‘‘members’’.
Sec. 2. This order is intended only to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
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by any party against the United States, its departments, agencies, entities,
officers, employees, or agents, or any other person.
W
THE WHITE HOUSE,
June 17, 2005.
[FR Doc. 05–12354
Filed 6–20–05; 8:45 am]
Billing code 3195–01–P
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| Implementing Amendments to Agreement on Border | 2005-06-17T00:00:00 | 9b29ad6e7faae6328e9a7d8a73f370ba275c1d686ea1ed54cea58ac3eb52c287 |
Presidential Executive Order | 05-12284 (13379) | Presidential Documents
35505
Federal Register / Vol. 70, No. 117 / Monday, June 20, 2005 / Presidential Documents
Executive Order 13379 of June 16, 2005
Amendment to Executive Order 13369, Relating to the Presi-
dent’s Advisory Panel on Federal Tax Reform
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to extend the reporting deadline
of the President’s Advisory Panel on Federal Tax Reform, it is hereby ordered
as follows:
Section 1. Section 5 of Executive Order 13369 of January 7, 2005, is amended
by deleting ‘‘July 31, 2005’’ and inserting in lieu thereof ‘‘September 30,
2005’’.
Sec. 2. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity, against
the United States, its departments, agencies, entities, officers, employees
or agents, or any other person.
W
THE WHITE HOUSE,
June 16, 2005.
[FR Doc. 05–12284
Filed 6–17–05; 10:40 am]
Billing code 3195–01–P
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| Amendment to Executive Order 13369, Relating to the President's Advisory Panel on Federal Tax Reform | 2005-06-16T00:00:00 | a8d29ed42ae8249ed7c1533bf26493c1a8176b1559851a8f1e576d86901d2af8 |
Presidential Executive Order | 05-23412 (13391) | Presidential Documents
71201
Federal Register
Vol. 70, No. 226
Friday, November 25, 2005
Title 3—
The President
Executive Order 13391 of November 22, 2005
Blocking Property of Additional Persons Undermining Demo-
cratic Processes or Institutions in Zimbabwe
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United
States Code, and in order to take additional steps with respect to the contin-
ued actions and policies of certain persons who undermine Zimbabwe’s
democratic processes and with respect to the national emergency described
and declared in Executive Order 13288 of March 6, 2003,
I, GEORGE W. BUSH, President of the United States of America, hereby
order:
Section 1. The Annex to Executive Order 13288 of March 6, 2003, is replaced
and superseded in its entirety by the Annex to this order.
Sec. 2. Section 6 of Executive Order 13288 is renumbered as section 8.
Sections 1 through 5 of Executive Order 13288 are replaced with new
sections 1 through 7 as follows:
‘‘Section 1. (a) Except to the extent provided in section 203(b)(1), (3),
and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and in regulations,
orders, directives, or licenses that may be issued pursuant to this order,
and notwithstanding any contract entered into or any license or permit
granted prior to the effective date of this order, all property and interests
in property of the following persons, 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 United States persons, including their overseas
branches, are blocked and may not be transferred, paid, exported, withdrawn,
or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in consulta-
tion with the Secretary of State:
(A) to have engaged in actions or policies to undermine Zimbabwe’s
democratic processes or institutions;
(B) to have materially assisted, sponsored, or provided financial, ma-
terial, or technological support for, or goods or services in support of,
such actions or policies or any person whose property and interests in
property are blocked pursuant to this order;
(C) to be or have been an immediate family member of any person
whose property and interests in property are blocked pursuant to this
order; or
(D) to be owned or controlled by, or acting or purporting to act for
or on behalf of, directly or indirectly, any person whose property and
interests in property are blocked pursuant to this order.
(b) I hereby determine that the making of donations of the type of articles
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or
for the benefit of any person whose property and interests in property
are blocked pursuant to paragraph (a) of this section would seriously impair
my ability to deal with the national emergency declared in this order,
and I hereby prohibit such donations as provided by paragraph (a) of this
section.
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(c) The prohibitions in paragraph (a) of this section include but are not
limited to (i) the making of any contribution or provision of funds, goods,
or services by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to this order, and (ii) the receipt
of any contribution or provision of funds, goods, or services from any
such person.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth
in this order is prohibited.
Sec. 3. For the purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization; and
(c) the term ‘‘United States person’’ means any United States citizen,
permanent resident alien, entity organized under the laws of the United
States or any jurisdiction within the United States (including foreign
branches), or any person in the United States.
Sec. 4. For those persons whose property and interests in property are
blocked pursuant to this order who might have a constitutional presence
in the United States, I find that, because of the ability to transfer funds
or other assets instantaneously, prior notice to such persons of measures
to be taken pursuant to this order would render these measures ineffectual.
I therefore determine that, for these measures to be effective in addressing
the national emergency declared in this order, there need be no prior notice
of a listing or determination made pursuant to section 1(a) of this order.
Sec. 5. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized 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 this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government, consistent
with applicable law. All agencies of the United States Government are
hereby directed to take all appropriate measures within their authority to
carry out the provisions of this order and, where appropriate, to advise
the Secretary of the Treasury in a timely manner of the measures taken.
Sec. 6. The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to determine, subsequent to the issuance
of this order, that circumstances no longer warrant the inclusion of a person
in the Annex to this order and that the property and interests in property
of that person are therefore no longer blocked pursuant to section 1(a)
of this order.
Sec. 7. This order is not intended to create, nor does it create, any
right, benefit, or privilege, substantive or procedural, enforceable at law
or in equity by any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other person.’’
Sec. 3. This order is not intended to create, nor does it create, any right,
benefit, or privilege, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other person.
Sec. 4. This order shall take effect at 12:01 a.m. eastern standard time,
November 23, 2005.
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Sec. 5. This order shall be transmitted to the Congress and published in
the Federal Register.
W
THE WHITE HOUSE,
November 22, 2005.
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Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Presidential Documents
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71206
Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Presidential Documents
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71209
Federal Register / Vol. 70, No. 226 / Friday, November 25, 2005 / Presidential Documents
[FR Doc. 05–23412
Filed 11–23–05; 11:16 am]
Billing code 4810–25–C
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| Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe | 2005-11-22T00:00:00 | d232cb2b0c03a8cebe742f5e67ec73f8ad9c574bf3bb15ad84071a0919cc0cef |
Presidential Executive Order | 05-7830 (13376) | Presidential Documents
20261
Federal Register
Vol. 70, No. 73
Monday, April 18, 2005
Title 3—
The President
Executive Order 13376 of April 13, 2005
Amendments to Executive Order 12863, Relating to the Presi-
dent’s Foreign Intelligence Advisory Board
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Intelligence Reform
and Terrorism Prevention Act of 2004 (Public Law 108–458), and to update
and clarify Executive Order 12863, which created the President’s Foreign
Intelligence Advisory Board, Executive Order 12863 of September 13, 1993,
as amended by Executive Orders 13070 of December 15, 1997, and 13301
of May 14, 2003, is further amended as follows:
(a) effective upon appointment of the Director of National Intelligence,
by striking ‘‘Director of Central Intelligence’’ each place it appears
and inserting in lieu thereof ‘‘Director of National Intelligence’’;
and
(b) by adding at the end thereof the following new section:
‘‘Sec. 3.4. This order is intended only to improve the internal management
of the executive branch of the Federal Government, and is not intended
to, and does not, create any right or benefit, substantive or procedural,
enforceable at law or in equity, against the United States, its departments,
agencies, or other entities, its officers or employees, or any other person.’’.
W
THE WHITE HOUSE,
April 13, 2005.
[FR Doc. 05–7830
Filed 4–15–05; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 05-9892 (13378) | Presidential Documents
28413
Federal Register / Vol. 70, No. 94 / Tuesday, May 17, 2005 / Presidential Documents
Executive Order 13378 of May 12, 2005
Amendments to Executive Order 12788 Relating to the
Defense Economic Adjustment Program
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including 10 U.S.C. 2391 and the
Defense Economic Adjustment, Diversification, Conversion, and Stabilization
Act of 1990, enacted as Division D, section 4001 et seq., of the National
Defense Authorization Act for Fiscal Year 1991, Public Law 101–510, and
in order to update the Defense Economic Adjustment Program, it is hereby
ordered that Executive Order 12788 of January 15, 1992, as amended, is
further amended as follows:
Section 1. The text of section 2 of Executive Order 12788 is revised to
read as follows: ‘‘The Defense Economic Adjustment Program shall (1) assist
substantially and seriously affected communities, businesses, and workers
from the effects of major Defense base closures, realignments, and Defense
contract-related adjustments, and (2) assist State and local governments in
preventing the encroachment of civilian communities from impairing the
operational utility of military installations.’’
Sec. 2. (a) The text of section 3(c) is amended by deleting ‘‘and communities’’
and inserting in lieu thereof ‘‘communities, and businesses’’;
(b) The text of section 3(l) is amended by deleting ‘‘and’’ after the semi-
colon;
(c) The text of section 3(m) is amended by adding ‘‘and’’ after ‘‘diminish;’’
and
(d) A new section 3(n) is added to read: ‘‘(n) Encourage resolution of
regulatory issues that impede encroachment prevention and local economic
adjustment efforts.’’
Sec. 3. (a) Section 4(a) is amended by: (i) deleting ‘‘(19) Director of the
United States Arms Control and Disarmament Agency;’’ (ii) deleting ‘‘(21)
Director of the Federal Emergency Management Agency;’’ and (iii) renum-
bering the remaining subsections listing the officials on the Economic Adjust-
ment Committee (the ‘‘Committee’’) accordingly;
(b) The text of section 4(b) is revised to read as follows: ‘‘The Secretary
of Defense, or the Secretary’s designee, shall chair the Committee.’’; and
(c) The text of section 4(c) is revised to read as follows: ‘‘The Secretaries
of Labor and Commerce shall serve as Vice Chairmen of the Committee.
The Vice Chairmen shall co-chair the Committee in the absence of both
the Chairman and the Chairman’s designee and may also preside over meet-
ings of designated representatives of the concerned executive agencies.’’
Sec. 4. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable by any party at law or in
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equity against the United States, its departments, agencies, entities, officers,
employees, agents, or any other person.
W
THE WHITE HOUSE,
May 12, 2005.
[FR Doc. 05–9892
Filed 5–13–05; 11:31 am]
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Presidential Executive Order | 05-7831 (13377) | Presidential Documents
20263
Federal Register / Vol. 70, No. 73 / Monday, April 18, 2005 / Presidential Documents
Executive Order 13377 of April 13, 2005
Designating the African Union as a Public International Or-
ganization Entitled To Enjoy Certain Privileges, Exemptions,
and Immunities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 1 and 12 of the
International Organizations Immunities Act (22 U.S.C. 288 and 288f–2), as
amended by section 569(h) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 2005 (Division D of Public Law
108–447), it is hereby ordered as follows:
Section 1. Designation. The African Union is hereby designated as a public
international organization entitled to enjoy the privileges, exemptions, and
immunities provided by the International Organizations Immunities Act.
Sec. 2. Non-Abridgement. The designation in section 1 of this order is
not intended to abridge in any respect privileges, exemptions, or immunities
that the African Union otherwise may have acquired or may acquire by
law.
Sec. 3. Revocation. Executive Order 11767 of February 19, 1974, is revoked.
W
THE WHITE HOUSE,
April 13, 2005.
[FR Doc. 05–7831
Filed 4–15–05; 8:45 am]
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Presidential Executive Order | 05-6907 (13375) | Presidential Documents
17299
Federal Register / Vol. 70, No. 64 / Tuesday, April 5, 2005 / Presidential Documents
Executive Order 13375 of April 1, 2005
Amendment to Executive Order 13295 Relating to Certain
Influenza Viruses and Quarantinable Communicable Diseases
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 361(b) of the Public
Health Service Act (42 U.S.C. 264(b)), it is hereby ordered as follows:
Section 1. Based upon the recommendation of the Secretary of Health and
Human Services, in consultation with the Surgeon General, and for the
purpose set forth in section 1 of Executive Order 13295 of April 4, 2003,
section 1 of such order is amended by adding at the end thereof the following
new subsection:
‘‘(c) Influenza caused by novel or reemergent influenza viruses that are
causing, or have the potential to cause, a pandemic.’’.
Sec. 2. 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, entities, officers,
employees or agents, or any other person.
W
THE WHITE HOUSE,
April 1, 2005.
[FR Doc. 05–6907
Filed 4–4–05; 10:49 am]
Billing code 3195–01–P
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Influenza Viruses and Quarantinable Communicable Diseases | 2005-04-01T00:00:00 | d4d6d6b1ed194b4255ddcd4c33bb87ab6a636a079d1cd45baaf42d34a7217e41 |
Presidential Executive Order | 05-5434 (13374) | Presidential Documents
12961
Federal Register
Vol. 70, No. 51
Thursday, March 17, 2005
Title 3—
The President
Executive Order 13374 of March 14, 2005
Amendments to Executive Order 12293—The Foreign Service
of the United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 402 of the Foreign
Service Act of 1980, as amended (22 U.S.C. 3962), and in order to adjust
the basic salary rates for each class of the Senior Foreign Service, it is
hereby ordered as follows:
Section 1. Section 4 of Executive Order 12293 of February 23, 1981, as
amended, is amended to read as follows:
‘‘Sec. 4. Pursuant to section 402 of the Foreign Service Act (22 U.S.C.
3962), and subject to any restrictions therein, there are established the fol-
lowing salary classes with titles for the Senior Foreign Service, at the fol-
lowing ranges of basic rates of pay:
(a) Career Minister
Range from 100 percent of the minimum rate of basic pay for sen-
ior-level positions under 5 U.S.C. 5376 to 100 percent of the rate
payable for level II of the Executive Schedule.
(b) Minister-Counselor
Range from 100 percent of the minimum rate of basic pay for sen-
ior-level positions under 5 U.S.C. 5376 to 107 percent of the rate
payable for level III of the Executive Schedule.
(c) Counselor
Range from 100 percent of the minimum rate of basic pay for sen-
ior-level positions under 5 U.S.C. 5376 to 102 percent of the rate
payable for level III of the Executive Schedule.’’
Sec. 2. Section 2 of Executive Order 12293, as amended, is amended by
striking ‘‘the Director of the International Communication Agency, the Direc-
tor of the United States International Development Cooperation Agency’’
and inserting in lieu thereof ‘‘the Administrator of the United States Agency
for International Development’’.
Sec. 3. Executive Order 13325 of January 23, 2004, is revoked.
Sec. 4. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable by any party at law or in
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equity against the United States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
W
THE WHITE HOUSE,
March 14, 2005.
[FR Doc. 05–5434
Filed 3–16–05; 8:45 am]
Billing code 3195–01–P
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Presidential Executive Order | 06-5592 (13405) | Presidential Documents
35485
Federal Register
Vol. 71, No. 118
Tuesday, June 20, 2006
Title 3—
The President
Executive Order 13405 of June 16, 2006
Blocking Property of Certain Persons Undermining Demo-
cratic Processes or Institutions in Belarus
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 Emer-
gencies Act (50 U.S.C. 1601 et seq.)(NEA), and section 301 of title 3, United
States Code,
I, GEORGE W. BUSH, President of the United States of America, determine
that the actions and policies of certain members of the Government of
Belarus and other persons to undermine Belarus’ democratic processes or
institutions, manifested most recently in the fundamentally undemocratic
March 2006 elections, to commit human rights abuses related to political
repression, including detentions and disappearances, and to engage in public
corruption, including by diverting or misusing Belarusian public assets or
by misusing public authority, constitute an unusual and extraordinary threat
to the national security and foreign policy of the United States, hereby
declare a national emergency to deal with that threat, and hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and
(4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and notwith-
standing any contract entered into or any license or permit granted prior
to the effective date of this order, 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, including any overseas branch, 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; and
(ii) any person determined by the Secretary of the Treasury, after consulta-
tion with the Secretary of State:
(A) to be responsible for, or to have participated in, actions or poli-
cies that undermine democratic processes or institutions in Belarus;
(B) to be responsible for, or to have participated in, human rights
abuses related to political repression in Belarus;
(C) to be a senior-level official, a family member of such an official,
or a person closely linked to such an official who is responsible for
or has engaged in public corruption related to Belarus;
(D) to have materially assisted, sponsored, or provided financial, mate-
rial, or technological support for, or goods or services in support of,
the activities described in paragraphs (a)(ii)(A) through (C) of this sec-
tion or any person listed in or designated pursuant to this order; or
(E) to be owned or controlled by, or acting or purporting to act for
or on behalf of, directly or indirectly, any person listed in or des-
ignated pursuant to this order.
(b) I hereby determine that the making of donations of the type of articles
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or
for the benefit of any person listed in or designated pursuant to this order
would seriously impair my ability to deal with the national emergency
declared in this order, and I hereby prohibit such donations as provided
by paragraph (a) of this section.
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(c) The prohibitions in paragraph (a) of this section include, but are not
limited to, (i) the making of any contribution or provision of funds, goods,
or services by, to, or for the benefit of any person listed in or designated
pursuant to this order, and (ii) the receipt of any contribution or provision
of funds, goods, or services from any such person.
Sec. 2. (a) Any transaction by a United States person or within the United
States that evades or avoids, has the purpose of evading or avoiding, or
attempts to violate any of the prohibitions set forth in this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set forth in
this order is prohibited.
Sec. 3. For purposes of this order:
(a) the term ‘‘person’’ means an individual or entity;
(b) the term ‘‘entity’’ means a partnership, association, trust, joint venture,
corporation, group, subgroup, or other organization;
(c) the term ‘‘United States person’’ means any United States citizen, perma-
nent resident alien, entity organized under the laws of the United States
or any jurisdiction within the United States (including foreign branches),
or any person in the United States.
Sec. 4. For those persons listed in or designated pursuant to this order
who might have a constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets instantaneously,
prior notice to such persons of measures to be taken pursuant to this order
would render these measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency declared
in this order, there need be no prior notice of a listing or determination
made pursuant to section 1 of this order.
Sec. 5. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized 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 this order.
The Secretary of the Treasury may redelegate any of these functions to
other officers and agencies of the United States Government, consistent
with applicable law. All executive agencies of the United States Government
are hereby directed to take all appropriate measures within their authority
to carry out the provisions of this order and, where appropriate, to advise
the Secretary of the Treasury in a timely manner of the measures taken.
The Secretary of the Treasury shall ensure compliance with those provisions
of section 401 of the NEA (50 U.S.C. 1641) applicable to the Department
of the Treasury in relation to this order.
Sec. 6. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to submit the recurring and final reports
to the Congress on the national emergency declared in this order, consistent
with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of
IEEPA (50 U.S.C. 1703(c)).
Sec. 7. The Secretary of the Treasury, after consultation with the Secretary
of State, is hereby authorized to determine, subsequent to the issuance
of this order, that circumstances no longer warrant the inclusion of a person
in the Annex to this order and that the property and interests in property
of that person are therefore no longer blocked pursuant to section 1 of
this order.
Sec. 8. This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies, instrumental-
ities, or entities, its officers or employees, or any other person.
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Sec. 9. This order is effective at 12:01 a.m. eastern daylight time on June
19, 2006.
W
THE WHITE HOUSE,
June 16 2006.
Billing code 3195–01–P
[FR Doc. 06–5592
Filed 6–19–06; 11:43 am]
Billing code 3195–01–C
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Presidential Executive Order | 05-3385 (13372) | Presidential Documents
8499
Federal Register / Vol. 70, No. 28 / Friday, February 18, 2005 / Presidential Documents
Executive Order 13372 of February 16, 2005
Clarification of Certain Executive Orders Blocking Property
and Prohibiting Certain Transactions
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, as amended (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the
United Nations Participation Act of 1945, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, in order
to clarify the steps taken in Executive Order 12947 of January 23, 1995,
as amended by Executive Order 13099 of August 20, 1998; and Executive
Order 13224 of September 23, 2001, as amended by Executive Order 13268
of July 2, 2002, and Executive Order 13284 of January 23, 2003, in particular
with respect to the implementation of section 203(b)(2) of IEEPA (50 U.S.C.
1702(b)(2)), hereby order:
Section 1. Section 4 of Executive Order 13224 is hereby amended to read
as follows:
‘‘Sec. 4. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), by,
to, or for the benefit of, any persons determined to be subject to this
order would seriously impair my ability to deal with the national emergency
declared in this order, and would endanger Armed Forces of the United
States that are in a situation where imminent involvement in hostilities
is clearly indicated by the circumstances, and I hereby prohibit such dona-
tions as provided by section 1 of this order. Furthermore, I hereby determine
that the Trade Sanctions Reform and Export Enhancement Act of 2000
(Title IX, Public Law 106–387) shall not affect the imposition or the continu-
ation of the imposition of any unilateral agricultural sanction or unilateral
medical sanction on any person determined to be subject to this order
because imminent involvement of the Armed Forces of the United States
in hostilities is clearly indicated by the circumstances.’’
Sec. 2. Section 3 of Executive Order 12947 is hereby amended to read
as follows:
‘‘Sec. 3. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), by,
to, or for the benefit of, any person whose property or interests in property
are blocked pursuant to section 1 of this order would seriously impair
my ability to deal with the national emergency declared in this order,
and I hereby prohibit such donations as provided by section 1.’’
Sec. 3. (a) The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and the UNPA as may be necessary to carry out the purposes
of this order. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States Government
consistent with applicable law. All agencies of the United States Government
are hereby directed to take all appropriate measures within their authority
to carry out the provisions of this order.
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Federal Register / Vol. 70, No. 28 / Friday, February 18, 2005 / Presidential Documents
(b) Nothing contained in this order shall relieve a person from any require-
ment to obtain a license or other authorization in compliance with applicable
laws and regulations.
(c) Amendments to Executive Orders made by this order shall take effect
as of the date of this order.
Sec. 4. This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
a party against the United States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
Sec. 5. This order shall be transmitted to the Congress and published in
the Federal Register.
W
THE WHITE HOUSE,
Washington, February 16, 2005.
[FR Doc. 05–3385
Filed 2–17–05; 8:57 am]
Billing code 3195–01–P
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| Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions | 2005-02-16T00:00:00 | eea0ed4673de2a5dae9a638acad7fd0066ce4a51d9247114bd9945b81dc09008 |
Presidential Executive Order | 05-5097 (13373) | Presidential Documents
12579
Federal Register
Vol. 70, No. 48
Monday, March 14, 2005
Title 3—
The President
Executive Order 13373 of March 10, 2005
Amendments to Executive Order 11926 Relating to the Vice
Presidential Service Badge
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Amendments to Executive Order 11926. Executive Order 11926
of July 19, 1976, as amended by Executive Order 13286 of February 28,
2003, is further amended as follows:
(a) in section 1, by striking ‘‘and Coast Guard’’ and inserting in lieu
thereof ‘‘Coast Guard, commissioned corps of the National Oceanic and
Atmospheric Administration, and commissioned corps of the Public Health
Service’’;
(b) in section 1, by inserting ‘‘, or who have been assigned to perform
duties predominantly for the Vice President for a period of at least one
year subsequent to January 20, 2001, in the implementation of Public Law
93–346, as amended, or in military units and support facilities to which
section 1 of Executive Order 12793 of March 20, 1992, as amended, refers’’
immediately preceding the period;
(c) in section 2, by striking ‘‘Military Assistant to the Vice President’’
and inserting in lieu thereof ‘‘Vice President’s designee (with the concurrence
of the Director of the White House Military Office in the case of personnel
in military units or support facilities to which section 1 of Executive Order
12793, as amended, refers)’’;
(d) in section 2, by inserting ‘‘and, in the case of members of the commis-
sioned corps of the National Oceanic and Atmospheric Administration or
the commissioned corps of the Public Health Service so assigned, by the
Secretary of Commerce or the Secretary of Health and Human Services,
respectively’’ immediately preceding the period;
(e) in section 5, by adding at the end of the section ‘‘No award shall
be made to an individual under this Order based on a period of service
with respect to which, in whole or in part, the individual was awarded
the Presidential Service Badge.’’;
(f) in section 6, by striking ‘‘and Coast Guard,’’ and inserting in lieu
thereof ‘‘Coast Guard, commissioned corps of the National Oceanic and
Atmospheric Administration, and commissioned corps of the Public Health
Service,’’;
(g) in section 6, by inserting ‘‘, or who has been assigned to perform
duties predominantly for the Vice President, in the implementation of Public
Law 93–346, as amended, or in military units and support facilities to
which section 1 of Executive Order 12793, as amended, refers,’’ after ‘‘Office
of the Vice President’’;
(h) in section 6, by inserting ‘‘, unless otherwise directed by the Director
of the White House Military Office in the case of personnel in military
units or support facilities to which section 1 of Executive Order 12793,
as amended, refers,’’ after ‘‘is authorized’’;
(i) in section 6, by inserting ‘‘or her’’ after ‘‘his’’; and
(j) in section 6, by striking ‘‘first day of duty in the Office of the Vice
President’’ and inserting in lieu thereof ‘‘first day of such duty’’.
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Sec. 2. 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, entities, officers,
employees or agents, or any other person.
W
THE WHITE HOUSE,
March 10, 2005.
[FR Doc. 05–5097
Filed 3–11–05; 8:45 am]
Billing code 3195–01–P
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| Amendments to Executive Order 11926 Relating to the Vice Presidential Service Badge | 2005-03-10T00:00:00 | 3535d70d3038d039e147a95f258f4c5a10d957b976129f07d97d75860ca40d89 |
Presidential Executive Order | 05-1886 (13371) | Presidential Documents
5041
Federal Register
Vol. 70, No. 19
Monday, January 31, 2005
Title 3—
The President
Executive Order 13371 of January 27, 2005
Amendments to Executive Order 13285, Relating to the Presi-
dent’s Council on Service and Civic Participation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to modify the mission
and functions of the President’s Council on Service and Civic Participation
(Council) and to extend the Council, it is hereby ordered that Executive
Order 13285 of January 29, 2003, is amended as follows:
Section 1. (a) Sections 2(a) and 2(b) of Executive Order 13285 are revised
to read as follows: ‘‘(a) The mission and functions of the Council shall
be to:
(i) promote volunteer service and civic participation in American society;
(ii) encourage the recognition of outstanding volunteer service through
the presentation of the President’s Volunteer Service Award by Council
members and Certifying Organizations, thereby encouraging more such activ-
ity;
(iii) promote the efforts and needs of local non-profits and volunteer
organizations, including volunteer centers;
(iv) promote greater public access to information about existing volunteer
opportunities, including via the Internet;
(v) assist with the promotion of Federally administered volunteer programs
and the link that they have to increasing and strengthening community
volunteer service; and
(vi) promote increased and sustained private sector sponsorship of and
engagement in volunteer service.
(b) In carrying out its mission, the Council shall:
(i) encourage broad participation in the President’s Volunteer Service
Award program by qualified individuals and groups, especially students
in primary schools, secondary schools, and institutions of higher learning;
(ii) exchange information and ideas with interested individuals and organi-
zations on ways to expand and improve volunteer service and civic participa-
tion;
(iii) advise the Chief Executive Officer of the CNCS on broad dissemination,
especially among schools and youth organizations, of information regarding
recommended practices for the promotion of volunteer service and civic
participation, and other relevant educational and promotional materials;
(iv) monitor and advise the Chief Executive Officer of the CNCS on the
need for the enhancement of materials disseminated pursuant to subsection
2(b)(iii) of this order; and
(v) make recommendations from time to time to the President, through
the Director of the USA Freedom Corps, on ways to encourage greater
levels of volunteer service and civic participation by individuals, schools,
and organizations.’’
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Sec. 2. Section 4(b) of Executive Order 13285 is revised to read as follows:
‘‘(b) Unless further extended by the President, this order shall expire on
January 29, 2007.’’
W
THE WHITE HOUSE,
Washington, January 27, 2005.
[FR Doc. 05–1886
Filed 1–28–05; 9:46 am]
Billing code 3195–01–P
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| Amendments to Executive Order 13285, Relating to the President's Council on Service and Civic Participation | 2005-01-27T00:00:00 | 65055beeae883974367682c5b1be7b25236e844043b29dde1beba9f0c1633769 |
Presidential Executive Order | 07-4907 (13447) | Presidential Documents
56179
Federal Register / Vol. 72, No. 190 / Tuesday, October 2, 2007 / Presidential Documents
Executive Order 13447 of September 28, 2007
Further 2007 Amendments to the Manual for Courts-Martial,
United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946),
and in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order 12473, as amended, it is hereby
ordered as follows:
Section 1. The second subparagraph of paragraph 4, of Part I, of the Manual
for Courts-Martial, United States, as amended by section 2 of Executive
Order 13262 of April 11, 2002, is amended by striking the third sentence.
Sec. 2. Parts II, III, and IV of the Manual for Courts- Martial, United States,
are amended as described in the Annex attached and made a part of this
order.
Sec. 3. These amendments shall take effect on October 1, 2007.
(a) Nothing in these amendments shall be construed to make punishable
any act done or omitted prior to October 1, 2007, that was not punishable
when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any non-
judicial punishment proceedings, restraint, investigation, referral of charges,
trial in which arraignment occurred, or other action begun prior to October
1, 2007, and any such nonjudicial punishment, restraint, investigation, refer-
ral of charges, trial, or other action may proceed in the same manner and
with the same effect as if these amendments had not been prescribed.
THE WHITE HOUSE,
September 28, 2007.
Billing code 3195–01–P
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[FR Doc. 07–4907
Filed 10–1–07; 9:47 am]
Billing code 5060–06–C
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| Further 2007 Amendments to the Manual for Courts- Martial, United States | 2007-09-28T00:00:00 | 28e536096f4af39ab376a1362ae1d6f1abfe2ace3694a2bf2a89a2ab9f6287a8 |
Presidential Executive Order | 05-1170 (13370) | Presidential Documents
3137
Federal Register
Vol. 70, No. 12
Wednesday, January 19, 2005
Title 3—
The President
Executive Order 13370 of January 13, 2005
Providing an Order of Succession in the Office of
Management and Budget
By the authority vested in me as President by the Constitution and the
laws of the United States of America and pursuant to the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. During any period when the Director of the Office of Management
and Budget (Director) and the Deputy Director of the Office of Management
and Budget (Deputy Director) have died, resigned, or otherwise become
unable to perform the functions and duties of the office of Director, the
following officers of the Office of Management and Budget, in the order
listed, shall perform the functions and duties of the office of Director,
if they are eligible to act as Director under the provisions of the Federal
Vacancies Reform Act of 1998, until such time as at least one of the officers
mentioned above is able to perform the functions and duties of the office
of Director:
Deputy Director for Management;
Executive Associate Director;
Associate Director (National Security Programs);
Associate Director (General Government Programs);
Associate Director (Human Resource Programs);
Associate Director (Natural Resource Programs);
General Counsel;
Administrator for Federal Procurement Policy;
Administrator of the Office of Information and Regulatory Affairs;
Controller, Office of Federal Financial Management; and
Administrator of the Office of Electronic Government.
Sec. 2. Exceptions. (a) No individual who is serving in an office listed
in section 1 in an acting capacity, by virtue of so serving, shall act as
Director pursuant to this order.
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(b) Notwithstanding the provisions of this order, the President retains
discretion, to the extent permitted by law, to depart from this order in
designating an acting Director.
W
THE WHITE HOUSE,
January 13, 2005.
[FR Doc. 05–1170
Filed 1–18–05; 8:45 am]
Billing code 3195–01–P
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| Providing an Order of Succession in the Office of Management and Budget | 2005-01-13T00:00:00 | da48c7c1ea67dff5f78198c1787e7374be3befdc2dbaa5f1cbcdd69d966b4892 |
Presidential Executive Order | 04-28404 (13367) | Presidential Documents
77605
Federal Register / Vol. 69, No. 247 / Monday, December 27, 2004 / Presidential Documents
Executive Order 13367 of December 21, 2004
United States-Mexico Border Health Commission
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 1 of the International
Organizations Immunities Act (22 U.S.C. 288) (the ‘‘Act’’), and having found
that the United States participates in the United States-Mexico Border Health
Commission (USMBHC) pursuant to the United-States Mexico Border Health
Commission Act, Public Law 103–400 (22 U.S.C. 290n et seq.), I hereby
designate the USMBHC as a public international organization for purposes
of the International Organizations Immunities Act. I hereby extend to mem-
bers and employees of the Mexican Section of the USMBHC the same
privileges, exemptions, and immunities as are accorded under similar cir-
cumstances to officers and employees, respectively, of foreign governments
with regard to the laws regulating entry into and departure from the United
States as provided for in section 7(a) of the Act (22 U.S.C. 288d(a)). No
other privileges, exemptions, or immunities of the Act are extended under
this order.
This designation is not intended to abridge in any respect privileges, exemp-
tions, or immunities that the USMBHC otherwise may have acquired or
may acquire by law.
W
THE WHITE HOUSE,
December 21, 2004.
[FR Doc. 04–28404
Filed 12–23–04; 8:45 am]
Billing code 3195–01–P
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| United States-Mexico Border Health Commission | 2004-12-21T00:00:00 | 3d4efc38a029417165ee0e9196510d5d95079107522dfb2f2ea30285d22f56ef |
Presidential Executive Order | 04-28079 (13366) | Presidential Documents
76591
Federal Register
Vol. 69, No. 244
Tuesday, December 21, 2004
Title 3—
The President
Executive Order 13366 of December 17, 2004
Committee on Ocean Policy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It shall be the policy of the United States to:
(a) coordinate the activities of executive departments and agencies regard-
ing ocean-related matters in an integrated and effective manner to advance
the environmental, economic, and security interests of present and future
generations of Americans; and
(b) facilitate, as appropriate, coordination and consultation regarding ocean-
related matters among Federal, State, tribal, local governments, the private
sector, foreign governments, and international organizations.
Sec. 2. Definition. For purposes of this order the term ‘‘ocean-related matters’’
means matters involving the oceans, the Great Lakes, the coasts of the
United States (including its territories and possessions), and related seabed,
subsoil, and natural resources.
Sec. 3. Establishment of Committee on Ocean Policy.
(a) There is hereby established, as a part of the Council on Environmental
Quality and for administrative purposes only, the Committee on Ocean
Policy (Committee).
(b) The Committee shall consist exclusively of the following:
(i) the Chairman of the Council on Environmental Quality, who shall
be the Chairman of the Committee;
(ii) the Secretaries of State, Defense, the Interior, Agriculture, Health and
Human Services, Commerce, Labor, Transportation, Energy, and Homeland
Security, the Attorney General, the Administrator of the Environmental
Protection Agency, the Director of the Office of Management and Budget,
the Administrator of the National Aeronautics and Space Administration,
the Director of National Intelligence, the Director of the Office of Science
and Technology Policy, the Director of the National Science Foundation,
and the Chairman of the Joint Chiefs of Staff;
(iii) the Assistants to the President for National Security Affairs, Homeland
Security, Domestic Policy, and Economic Policy;
(iv) an employee of the United States designated by the Vice President;
and
(v) such other officers or employees of the United States as the Chairman
of the Committee may from time to time designate.
(c) The Chairman of the Committee, after coordination with the Assistants
to the President for National Security Affairs and Homeland Security, shall
regularly convene and preside at meetings of the Committee, determine
its agenda, direct its work, and, as appropriate to deal with particular subject
matters, establish and direct subcommittees of the Committee that shall
consist exclusively of members of the Committee. The Committee shall
coordinate its advice in a timely fashion.
(d) A member of the Committee may designate, to perform the Committee
or subcommittee functions of the member, any person who is within such
member’s department, agency, or office and who is (i) an officer of the
United States appointed by the President, (ii) a member of the Senior Execu-
tive Service or the Senior Intelligence Service, (iii) an officer or employee
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within the Executive Office of the President, or (iv) an employee of the
Vice President.
(e) Consistent with applicable law and subject to the availability of appro-
priations, the Council on Environmental Quality shall provide the funding,
including through the Office of Environmental Quality as permitted by law
and as appropriate, and administrative support for the Committee necessary
to implement this order.
Sec. 4. Functions of the Committee. To implement the policy set forth
in section 1 of this order, the Committee shall:
(a) provide advice on establishment or implementation of policies con-
cerning ocean-related matters to:
(i) the President; and
(ii) the heads of executive departments and agencies from time to time
as appropriate;
(b) obtain information and advice concerning ocean-related matters from:
(i) State, local, and tribal elected and appointed officials in a manner
that seeks their individual advice and does not involve collective judgment
or consensus advice or deliberation; and
(ii) representatives of private entities or other individuals in a manner
that seeks their individual advice and does not involve collective judgment
or consensus advice or deliberation;
(c) at the request of the head of any department or agency who is a
member of the Committee, unless the Chairman of the Committee declines
the request, promptly review and provide advice on a policy or policy
implementation action on ocean-related matters proposed by that department
or agency;
(d) provide and obtain information and advice to facilitate:
(i) development and implementation of common principles and goals for
the conduct of governmental activities on ocean-related matters;
(ii) voluntary regional approaches with respect to ocean-related matters;
(iii) use of science in establishment of policy on ocean-related matters;
and
(iv) collection, development, dissemination, and exchange of information
on ocean-related matters; and
(e) ensure coordinated government development and implementation of
the ocean component of the Global Earth Observation System of Systems.
Sec. 5. Cooperation. To the extent permitted by law and applicable presi-
dential guidance, executive departments and agencies shall provide the Com-
mittee such information, support, and assistance as the Committee, through
the Chairman, may request.
Sec. 6. Coordination. The Chairman of the Council on Environmental Quality,
the Assistant to the President for National Security Affairs, the Assistant
to the President for Homeland Security, and, with respect to the interagency
task force established by Executive Order 13340 of May 18, 2004, the Admin-
istrator of the Environmental Protection Agency, shall ensure appropriate
coordination of the activities of the Committee under this order and other
policy coordination structures relating to ocean or maritime issues pursuant
to Presidential guidance.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a executive department or agency or the
head thereof; or
(ii) functions assigned by the President to the National Security Council
or Homeland Security Council (including subordinate bodies) relating to
matters affecting foreign affairs, national security, homeland security, or
intelligence.
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(b) Nothing in this order shall be construed to impair or otherwise affect
the functions of the Director of the Office of Management and Budget relating
to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of
the Federal Government and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
by a party against the United States, its departments, agencies, or entities,
its officers or employees, or any other person.
W
THE WHITE HOUSE,
December 17, 2004.
[FR Doc. 04–28079
Filed 12–20–04; 10:46 am]
Billing code 3195–01–P
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| Committee on Ocean Policy | 2004-12-17T00:00:00 | 9762aba339bb0ab817a0371358009b77ecb4fe8a209a6d3d4391c758168bdbb8 |
Presidential Executive Order | 05-771 (13369) | Presidential Documents
2323
Federal Register / Vol. 70, No. 8 / Wednesday, January 12, 2005 / Presidential Documents
Executive Order 13369 of January 7, 2005
President’s Advisory Panel on Federal Tax Reform
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to assist in reforming the Federal
Internal Revenue Code to benefit all Americans, it is hereby ordered as
follows:
Section 1. Establishment. There is established the President’s Advisory Panel
on Federal Tax Reform (Advisory Panel).
Sec. 2. Membership. (a) The Advisory Panel shall be composed of up to
nine members appointed by the President.
(b) The President shall designate one member of the Advisory Panel to
serve as Chair and one member to serve as Vice Chair.
Sec. 3. Purpose. The purpose of the Advisory Panel shall be to submit
to the Secretary of the Treasury in accordance with this order a report
with revenue neutral policy options for reforming the Federal Internal Rev-
enue Code. These options should:
(a) simplify Federal tax laws to reduce the costs and administrative
burdens of compliance with such laws;
(b) share the burdens and benefits of the Federal tax structure in an
appropriately progressive manner while recognizing the importance
of homeownership and charity in American society; and
(c) promote long-run economic growth and job creation, and better en-
courage work effort, saving, and investment, so as to strengthen the
competitiveness of the United States in the global marketplace.
At least one option submitted by the Advisory Panel should use the Federal
income tax as the base for its recommended reforms.
Sec. 4. Administration. (a) The Department of the Treasury shall provide,
to the extent permitted by law, administrative support and funding for
the Advisory Panel. The Advisory Panel is established within the Department
of the Treasury for administrative purposes only.
(b) The Chair of the Advisory Panel shall convene and preside at the
meetings of the Advisory Panel, determine its agenda after consultation
with the Vice Chair, and direct its work. The Advisory Panel shall have
a staff headed by an Executive Director who shall be selected by the President
and report to the Chair.
(c) Members of the Advisory Panel shall serve without compensation
for their work on the Advisory Panel. Members of the Advisory Panel
who are not officers or employees in the executive branch, while engaged
in the work of the Advisory Panel, may be allowed travel expenses, including
per diem in lieu of subsistence, as authorized by law for persons serving
intermittently in Government service (5 U.S.C. 5701 through 5707), consistent
with the availability of funds.
(d) Consistent with applicable law, heads of executive departments and
agencies shall provide to the Advisory Panel such assistance, including
assignment or detail of personnel, and information as may be necessary
for the Advisory Panel to perform its functions.
(e) The Advisory Panel may conduct meetings in appropriate locations
throughout the United States to obtain information and advice from Ameri-
cans of diverse backgrounds and experience and from a diverse range of
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American entities, including large and small for-profit and non-profit organi-
zations, State, local, and tribal governments, and from other individuals
and entities as appropriate. Public hearings shall be held at the call of
the Chair.
(f) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C.
App.) (the ‘‘Act’’), may apply to the Advisory Panel, any functions of the
President under that Act, except for those in section 6 of that Act, shall
be performed by the Secretary of the Treasury in accordance with the guide-
lines that have been issued by the Administrator of General Services.
Sec. 5. Report. The Advisory Panel shall submit to the Secretary of the
Treasury a report containing policy options in accordance with section 3
of this order as soon as practicable, but not later than July 31, 2005.
Sec. 6. Provisions. (a) Nothing in this order shall be construed to impair
or otherwise affect the functions of the Director of the Office of Management
and Budget relating to budget, administrative, or legislative proposals.
(b) This order is not intended to, and does not, create any right or benefit,
substantive or procedural, enforceable at law or in equity, against the United
States, its departments, agencies, entities, officers, employees or agents, or
any other person.
Sec. 7. Termination. The Advisory Panel shall terminate 30 days after submit-
ting its report pursuant to section 5 of this order.
W
THE WHITE HOUSE,
January 7, 2005.
[FR Doc. 05–771
Filed 1–11–05; 9:02 am]
Billing code 3195–01–P
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| President's Advisory Panel on Federal Tax Reform | 2005-01-07T00:00:00 | 3f0440a31412e7de559fc27fcf7a520734ebeccfef160f384d23004e374bb83d |
Presidential Executive Order | 04-26685 (13363) | Presidential Documents
70175
Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Presidential Documents
Executive Order 13363 of November 29, 2004
Establishing the Afghanistan and Iraq Campaign Medals
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including my authority as Commander
in Chief of the Armed Forces of the United States and Public Law 108–
234, it is hereby ordered as follows:
Section 1. Afghanistan Campaign Medal. There is hereby established the
Afghanistan Campaign Medal with suitable appurtenances. Except as limited
in section 3 of this order, and under uniform regulations to be prescribed
by the Secretaries of the military departments and approved by the Secretary
of Defense, or under regulations to be prescribed by the Secretary of Home-
land Security with respect to the Coast Guard when it is not operating
as a service in the Navy, the Afghanistan Campaign Medal shall be awarded
to members of the uniformed services of the United States who serve or
have served in Afghanistan or contiguous air space, as defined by such
regulations, on or after October 24, 2001, and before a terminal date to
be prescribed by the Secretary of Defense.
Sec. 2. Iraq Campaign Medal. There is hereby established the Iraq Campaign
Medal with suitable appurtenances. Except as limited in section 3 of this
order, and under uniform regulations to be prescribed by the Secretaries
of the military departments and approved by the Secretary of Defense, or
under regulations to be prescribed by the Secretary of Homeland Security
with respect to the Coast Guard when it is not operating as a service
in the Navy, the Iraq Campaign Medal shall be awarded to members of
the uniformed services of the United States who serve or have served in
Iraq or contiguous waters or air space, as defined by such regulations,
on or after March 19, 2003, and before a terminal date to be prescribed
by the Secretary of Defense.
Sec. 3. Relationship to Other Awards. Notwithstanding section 1 of Executive
Order 13289 of March 12, 2003, establishing the Global War on Terrorism
Expeditionary Medal, any member who qualified for that medal by reason
of service in Afghanistan between October 24, 2001, and a terminal date
to be determined by the Secretary of Defense, or in Iraq between March
19, 2003, and a terminal date to be determined by the Secretary of Defense,
shall remain qualified for that medal. Upon application, a member by reason
of service may be awarded either the Afghanistan Campaign Medal or the
Iraq Campaign Medal in lieu of the Global War on Terrorism Expeditionary
Medal. A member may be awarded either the Afghanistan Campaign Medal
or the Global War on Terrorism Expeditionary Medal by reason of service
in Afghanistan. A member may be awarded either the Iraq Campaign Medal
or the Global War on Terrorism Expeditionary Medal by reason of service
in Iraq. No member shall be entitled to the award of more than one of
these three medals for the same period of service.
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Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Presidential Documents
Sec. 4. Posthumous Award. The Afghanistan Campaign Medal and Iraq
Campaign Medal may be awarded posthumously to any person covered
by and under regulations prescribed in accordance with this order.
W
THE WHITE HOUSE,
November 29, 2004.
[FR Doc. 04–26685
Filed 12–1–04; 9:47 am]
Billing code 3195–01–P
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| Establishing the Afghanistan and Iraq Campaign Medals | 2004-11-29T00:00:00 | 1945c5ba113aa68534e4392de36e9f6735f40444040dc8cb1532f84440757e3e |
Presidential Executive Order | 04-26684 (13362) | Presidential Documents
70173
Federal Register
Vol. 69, No. 231
Thursday, December 2, 2004
Title 3—
The President
Executive Order 13362 of November 29, 2004
Designation of Additional Officers for the Department of
Homeland Security Order of Succession
By the authority vested in me as President by the Constitution and the
laws of the United States of America and pursuant to the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that:
Section 1. During any period when the Secretary of Homeland Security
(Secretary), the Deputy Secretary of Homeland Security, and the officers
designated to perform the functions and duties of the office of Secretary
by section 88 of Executive Order 13286 of February 28, 2003 (‘‘Amendment
of Executive Orders, and Other Actions, in Connection With the Transfer
of Certain Functions to the Secretary of Homeland Security’’), have died,
resigned, or otherwise become unable to perform the functions and duties
of the office of Secretary, the following officers of the Department of Home-
land Security, in the order listed, shall perform the functions and duties
of the office of Secretary, if they are eligible to act as Secretary under
the provisions of the Federal Vacancies Reform Act of 1998, until such
time as at least one of the officers mentioned above is able to perform
the functions and duties of the office of Secretary:
Director, Region V, Federal Emergency Management Agency;
Director, Region VI, Federal Emergency Management Agency;
Director, Region VII, Federal Emergency Management Agency;
Director, Region VIII, Federal Emergency Management Agency; and
Director, Region X, Federal Emergency Management Agency.
Sec. 2. Exceptions.
(a) No individual who is serving in an office listed in section 1 in an
acting capacity, by virtue of so serving, shall act as Secretary pursuant
to this order.
(b) Notwithstanding the provisions of this order, the President retains discre-
tion, to the extent permitted by law, to depart from this order in designating
an acting Secretary.
W
THE WHITE HOUSE,
November 29, 2004.
[FR Doc. 04–26684
Filed 12–1–04; 9:47 am]
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| Designation of Additional Officers for the Department of Homeland Security Order of Succession | 2004-11-29T00:00:00 | 3eed9f55476e316605d5e78e9ef7ae279c1150dddb7cb56e70429522666b4d5f |
Presidential Executive Order | 04-27076 (13365) | Presidential Documents
71333
Federal Register
Vol. 69, No. 235
Wednesday, December 8, 2004
Title 3—
The President
Executive Order 13365 of December 3, 2004
2004 Amendments to the Manual for Courts-Martial, United
States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801–946),
and in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order 12473, as amended, it is hereby
ordered as follows:
Section 1. (a) Paragraph 4 of the Preamble to Part I of the Manual for
Courts-Martial, United States, is amended by adding a third subparagraph
to read as follows:
‘‘The Department of Defense Joint Service Committee (JSC) on Military
Justice reviews the Manual for Courts-Martial and proposes amendments
to the Department of Defense for con sideration by the President on an
annual basis. In conducting its annual review, the JSC is guided by DoD
Directive 5500.17, ‘‘The Roles and Responsibilities of the Joint Service Com-
mittee (JSC) on Military Justice.’’ DoD Directive 5500.17 includes provisions
allowing public participation in the annual review process.’’
(b) Department of Defense Directive 5500.17 shall be included as Appendix
26 to the Manual for Courts-Martial, United States.
Sec. 2. Part II of the Manual for Courts-Martial, United States, is amended
as follows:
(a) R.C.M. 307(c)(3) is amended to read as follows:
‘‘Specification. A specification is a plain, concise, and definite statement
of the essential facts constituting the offense charged. A specification
is sufficient if it alleges every element of the charged offense expressly
or by necessary implication. Except for aggravating factors under R.C.M.
1003(d) and R.C.M. 1004, facts that increase the maximum authorized
punishment must be alleged in order to permit the possible increased
punishment. No particular format is required.’’
(b) R.C.M. 707(b)(3)(D) is amended to read as follows:
‘‘Rehearings. If a rehearing is ordered or authorized by an appellate
court, a new 120-day time period under this rule shall begin on the
date that the responsible convening authority receives the record of trial
and the opinion authorizing or directing a rehearing. An accused is brought
to trial within the meaning of this rule at the time of arraignment under
R.C.M. 904 or, if arraignment is not required (such as in the case of
a sentence-only rehearing), at the time of the first session under R.C.M.
803.’’
(c) R.C.M. 707(c) is amended to read as follows:
‘‘(c) Excludable delay. All periods of time during which appellate courts
have issued stays in the proceedings, or the accused is absent without
authority, or the accused is hospitalized due to incompetence, or is other-
wise in the custody of the Attorney General, shall be excluded when
determining whether the period in subsection (a) of this rule has run.
All other pretrial delays approved by a military judge or the convening
authority shall be similarly excluded.’’
(d) R.C.M. 707(d) is amended to read as follows:
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‘‘(d) Remedy. A failure to comply with this rule will result in dismissal
of the affected charges, or, in a sentence-only rehearing, sentence relief
as appropriate.
‘‘(1) Dismissal. Dismissal will be with or without prejudice to the gov-
ernment’s right to reinstitute court-martial proceedings against the ac-
cused for the same offense at a later date. The charges must be dis-
missed with prejudice where the accused has been deprived of his or
her constitutional right to a speedy trial. In determining whether to dis-
miss charges with or without prejudice, the court shall consider, among
others, each of the following factors: the seriousness of the offense; the
facts and circumstances of the case that lead to dismissal; the impact of
a re-prosecution on the administration of justice; and any prejudice to
the accused resulting from the denial of a speedy trial.
‘‘(2) Sentence relief. In determining whether or how much sentence re-
lief is appropriate, the military judge shall consider, among others, each
of the following factors: the length of the delay, the reasons for the
delay, the accused’s demand for speedy trial, and any prejudice to the
accused from the delay. Any sentence relief granted will be applied
against the sentence approved by the convening authority.’’
(e) R.C.M. 806(b) is amended to read as follows:
‘‘(b) Control of spectators and closure.
‘‘(1) Control of spectators. In order to maintain the dignity and deco-
rum of the proceedings or for other good cause, the military judge may
reasonably limit the number of spectators in, and the means of access
to, the courtroom, and exclude specific persons from the courtroom.
When excluding specific persons, the military judge must make findings
on the record establishing the reason for the exclusion, the basis for the
military judge’s belief that exclusion is necessary, and that the exclusion
is as narrowly tailored as possible.
‘‘(2) Closure. Courts-martial shall be open to the public unless (1)
there is a substantial probability that an overriding interest will be prej-
udiced if the proceedings remain open; (2) closure is no broader than
necessary to protect the overriding interest; (3) reasonable alternatives to
closure were considered and found inadequate; and (4) the military
judge makes case-specific findings on the record justifying closure.’’
(f) R.C.M. 916(k)(2) is amended to read as follows:
‘‘(2) Partial mental responsibility. A mental condition not amounting
to a lack of mental responsibility under subsection (k)(1) of this rule
is not an affirmative defense.’’
(g) R.C.M. 1103(f)(2) is amended to read as follows:
‘‘(2) Direct a rehearing as to any offense of which the accused was
found guilty if the finding is supported by the summary of the evidence
contained in the record, provided that the convening authority may not
approve any sentence imposed at such a rehearing more severe than
or in excess of that adjudged by the earlier court-martial.’’
(h) The following subsection (iv) is inserted after R.C.M. 1107(e)(1)(B)(iii)
to read as follows:
‘‘(iv) Sentence reassessment. If a superior authority has approved some
of the findings of guilty and has authorized a rehearing as to other offenses
and the sentence, the convening authority may, unless otherwise directed,
reassess the sentence based on the approved findings of guilty and dismiss
the remaining charges. Reassessment is appropriate only where the con-
vening authority determines that the accused’s sentence would have been
at least of a certain magnitude had the prejudicial error not been committed
and the reassessed sentence is appropriate in relation to the affirmed
findings of guilty.’’
(i) R.C.M. 1108(b) is amended to read as follows:
‘‘(b) Who may suspend and remit. The convening authority may, after
approving the sentence, suspend the execution of all or any part of the
sentence of a court-martial, except for a sentence of death. The general
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court-martial convening authority over the accused at the time of the
court-martial may, when taking the action under R.C.M. 1112(f), suspend
or remit any part of the sentence. The Secretary concerned and, when
designated by the Secretary concerned, any Under Secretary, Assistant
Secretary, Judge Advocate General, or commanding officer may suspend
or remit any part or amount of the unexecuted part of any sentence
other than a sentence approved by the President or a sentence of confine-
ment for life without eligibility for parole that has been ordered executed.
The Secretary concerned may, however, suspend or remit the unexecuted
part of a sentence of confinement for life without eligibility for parole
only after the service of a period of confinement of not less than 20
years. The commander of the accused who has the authority to convene
a court-martial of the kind that adjudged the sentence may suspend or
remit any part of the unexecuted part of any sentence by summary court-
martial or of any sentence by special court-martial that does not include
a bad-conduct discharge regardless of whether the person acting has pre-
viously approved the sentence. The ‘‘unexecuted part of any sentence’’
is that part that has been approved and ordered executed but that has
not actually been carried out.’’
(j) R.C.M. 1305(c) is amended to read as follows:
‘‘(c) Authentication. The summary court-martial shall authenticate the
record by signing the original record of trial.’’
(k) R.C.M. 1306(b)(1) is amended to read as follows:
‘‘(1) Who shall act. Except as provided herein, the convening authority
shall take action in accordance with R.C.M. 1107. The convening authority
shall not take action before the period prescribed in R.C.M. 1105(c)(2)
has expired, unless the right to submit matters has been waived under
R.C.M. 1105(d).’’
Sec. 3. Part III of the Manual for Courts-Martial, United States, is amended
as follows:
(a) Mil. R. Evid. 103(a)(2) is amended to read as follows:
‘‘(2) Offer of proof. In case the ruling is one excluding evidence, the
substance of the evidence was made known to the military judge by
offer or was apparent from the context within which questions were
asked. Once the military judge makes a definitive ruling on the record
admitting or excluding evidence, either at or before trial, a party need
not renew an objection or offer of proof to preserve a claim of error
for appeal. The standard provided in this subdivision does not apply
to errors involving requirements imposed by the Constitution of the United
States as applied to members of the armed forces except insofar as the
error arises under these rules and this subdivision provides a standard
that is more advantageous to the accused than the constitutional standard.’’
(b) Mil. R. Evid. 404(a) is amended to read as follows:
‘‘(a) Character evidence generally. Evidence of a person’s character or
a trait of character is not admissible for the purpose of proving action
in conformity therewith on a particular occasion, except:
‘‘(1) Character of accused. Evidence of a pertinent trait of character of-
fered by an accused, or by the prosecution to rebut the same, or if evi-
dence of a pertinent trait of character of the alleged victim of the crime
is offered by an accused and admitted under Mil. R. Evid. 404(a)(2), evi-
dence of the same trait of character, if relevant, of the accused offered
by the prosecution;
‘‘(2) Character of alleged victim. Evidence of a pertinent trait of char-
acter of the alleged victim of the crime offered by an accused, or by the
prosecution to rebut the same, or evidence of a character trait of peace-
fulness of the alleged victim offered by the prosecution in a homicide
or assault case to rebut evidence that the alleged victim was an aggres-
sor;
‘‘(3) Character of witness. Evidence of the character of a witness, as
provided in Mil. R. Evid. 607, 608, and 609.’’
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(c) Mil. R. Evid. 701 is amended to read as follows:
‘‘If the witness is not testifying as an expert, the witness’ testimony
in the form of opinions or inferences is limited to those opinions or
inferences that are (a) rationally based on the perception of the witness,
(b) helpful to a clear understanding of the witness’ testimony or the
determination of a fact in issue, and (c) not based in scientific, technical,
or other specialized knowledge within the scope of Rule 702.’’
(d) Mil. R. Evid. 702 is amended to read as follows:
‘‘If scientific, technical, or other specialized knowledge will assist the
trier of fact to understand the evidence or to determine a fact in issue,
a witness qualified as an expert by knowledge, skill, experience, training,
or education may testify thereto in the form of an opinion or otherwise
if (1) the testimony is based upon sufficient facts or data, (2) the testimony
is the product of reliable principles and methods, and (3) the witness
has applied the principles and methods reliably to the facts of the case.’’
(e) Mil. R. Evid. 703 is amended to read as follows:
‘‘The facts or data in the particular case upon which an expert bases
an opinion or inference may be those perceived by or made known to
the expert, at or before the hearing. If of a type reasonably relied upon
by experts in the particular field in forming opinions or inferences upon
the subject, the facts or data need not be admissible in evidence in
order for the opinion or inference to be admitted. Facts or data that
are otherwise inadmissible shall not be disclosed to the members by
the proponent of the opinion or inference unless the military judge deter-
mines that their probative value in assisting the members to evaluate
the expert’s opinion substantially outweighs their prejudicial effect.’’
(f) Mil. R. Evid. 803(6) is amended to read as follows:
‘‘Records of regularly conducted activity. A memorandum, report, record,
or data compilation, in any form, of acts, events, conditions, opinions,
or diagnoses, made at or near the time by, or from information transmitted
by, a person with knowledge, if kept in the course of a regularly conducted
business activity, and if it was the regular practice of that business activity
to make the memorandum, report, record, or data compilation, all as
shown by the testimony of the custodian or other qualified witness, or
by certification that complies with Mil. R. Evid. 902(11) or any other
statute permitting certification in a criminal proceeding in a court of
the United States, unless the source of the information or the method
or circumstances of preparation indicate a lack of trustworthiness. The
term ‘‘business’’ as used in this paragraph includes the armed forces,
a business, institution, association, profession, occupation, and calling
of every kind, whether or not conducted for profit. Among those memo-
randa, reports, records, or data compilations normally admissible pursuant
to this paragraph are enlistment papers, physical examination papers,
outline-figure and fingerprint cards, forensic laboratory reports, chain of
custody documents, morning reports and other personnel accountability
documents, service records, officer and enlisted qualification records, logs,
unit personnel diaries, individual equipment records, daily strength records
of prisoners, and rosters of prisoners.’’
(g) The following subsection (11) is inserted after Mil. R. Evid. 902(10)
to read as follows:
‘‘(11) Certified domestic records of regularly conducted activity. The
original or a duplicate of a domestic record of regularly conducted activity
that would be admissible under Mil. R. Evid. 803(6) if accompanied by
a written declaration of its custodian or other qualified person, in a
manner complying with any Act of Congress or rule prescribed by the
Supreme Court pursuant to statutory authority, certifying that the record
(A) was made at or near the time of the occurrence of the matters set
forth by, or from information transmitted by, a person with knowledge
of those matters; (B) was kept in the course of the regularly conducted
activity; and (C) was made by the regularly conducted activity as a regular
practice. A party intending to offer a record into evidence under this
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paragraph must provide written notice of that intention to all adverse
parties, and must make the record and declaration available for inspection
sufficiently in advance of their offer into evidence to provide an adverse
party with a fair opportunity to challenge them.’’
(h) Mil. R. Evid. 1102 is amended to read as follows:
‘‘(a) Amendments to the Federal Rules of Evidence shall apply to the
Military Rules of Evidence 18 months after the effective date of such
amendments, unless action to the contrary is taken by the President.
‘‘(b) Rules Determined Not To Apply. The President has determined
that the following Federal Rules of Evidence do not apply to the Military
Rules of Evidence: Rules 301, 302, 415, and 902(12).’’
Sec. 4. Part IV of the Manual for Courts-Martial, United States, is amended
as follows:
(a) Paragraph 45(b)(2) is amended by deleting paragraph 45(b)(2)(c) and
inserting the following after paragraph 45(b)(2)(b):
‘‘(c)(1) That at the time of the sexual intercourse the person was under
the age of 12; or
‘‘(2) That at the time of the sexual intercourse the person had attained
the age of 12 but was under the age of 16.’’
(b) Paragraph 45(f) is amended to read as follows:
‘‘f. Sample specifications.
‘‘(1) Rape.
‘‘In that ____________ (personal jurisdiction data), did, (at/on board—
location) (subject-matter jurisdiction data, if required), on or about ______
20___, rape ____________, (a person under the age of 12) (a person who
had attained the age of 12 but was under the age of 16).
‘‘(2) Carnal Knowledge.
‘‘In that ____________ (personal jurisdiction data), did, (at/on board—
location) (subject-matter jurisdiction data, if required), on or about ________
20___, commit the offense of carnal knowledge with ____________, (a person
under the age of 12) (a person who attained the age of 12 but was
under the age of 16).’’
(c) Paragraph 51(b) is amended to read as follows:
‘‘(1) That the accused engaged in unnatural carnal copulation with a
certain other person or with an animal.
‘‘(Note: Add any of the following as applicable)
‘‘(2) That the act was done with a child under the age of 12.
‘‘(3) That the act was done with a child who had attained the age
of 12 but was under the age of 16.
‘‘(4) That the act was done by force and without the consent of the
other person.’’
(d) Paragraph 51(f) is amended to read as follows:
‘‘f. Sample specification.
‘‘In that ____________ (personal jurisdiction data), did, (at/on board—
location) (subject-matter jurisdiction data, if required), on or about ________
20___, commit sodomy with ____________, (a child under the age of 12)
(a child who had attained the age of 12 but was under the age of 16)
(by force and without the consent of the said ____________).’’
(e) Paragraph 57(c)(2)(b) is amended to read as follows:
‘‘(b) Material matter. The false testimony must be with respect to a
material matter, but that matter need not be the main issue in the case.
Thus, perjury may be committed by giving false testimony with respect
to the credibility of a material witness or in an affidavit in support
of a request for a continuance, as well as by giving false testimony with
respect to a fact from which a legitimate inference may be drawn as
to the existence or nonexistence of a fact in issue.’’
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(f) Paragraph 100a(c)(1) is amended to read as follows:
‘‘(1) In general. This offense is intended to prohibit and therefore deter
reckless or wanton conduct that wrongfully creates a substantial risk of
death or grievous bodily harm to others.’’
(g) Paragraph 100a(f) is amended to read as follows:
‘‘f. Sample specification.
‘‘In that ____________ (personal jurisdiction data), did, (at/on board—
location) (subject-matter jurisdiction data, if required), on or about ________
20___, wrongfully and (recklessly) (wantonly) engage in conduct, to wit:
(describe conduct), conduct likely to cause death or grievous bodily harm
to ____________.’’
Sec. 5. These amendments shall take effect 30 days from the date of this
order.
(a) Nothing in these amendments shall be construed to make punishable
any act done or omitted prior to the effective date of this order that was
not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any
nonjudicial punishment proceeding, restraint, investigation, referral of
charges, trial in which arraignment occurred, or other action begun prior
to the effective date of this order, and any such nonjudicial proceeding,
restraint, investigation, referral of charges, trial, or other action may proceed
in the same manner and with the same effect as if these amendments
had not been prescribed.
W
THE WHITE HOUSE,
December 3, 2004.
[FR Doc. 04–27076
Filed 12–7–04; 8:45 am]
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Presidential Executive Order | 04-26686 (13364) | Presidential Documents
70177
Federal Register / Vol. 69, No. 231 / Thursday, December 2, 2004 / Presidential Documents
Executive Order 13364 of November 29, 2004
Modifying the Protection Granted to the Development Fund
for Iraq and Certain Property in Which Iraq Has an Interest
and Protecting the Central Bank of Iraq
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, as amended (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.), section 5 of the United
Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA), and section
301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, hereby
modify the scope of the national emergency declared in Executive Order
13303 of May 22, 2003, and expanded in Executive Order 13315 of August
28, 2003, and further modified in Executive Order 13350 of July 29, 2004,
to address the unusual and extraordinary threat to the national security
and foreign policy of the United States posed by obstacles to the orderly
reconstruction of Iraq, the restoration and maintenance of peace and security
in that country, and the development of political, administrative, and eco-
nomic institutions in Iraq. I find that the threat of attachment or other
judicial process against the Central Bank of Iraq constitutes one of these
obstacles. I further determine that, consistent with United Nations Security
Council Resolutions 1483 of May 22, 2003, and 1546 of June 8, 2004,
the steps taken in Executive Order 13303 to deal with the national emergency
declared therein need to be limited so that such steps do not apply with
respect to any final judgment arising out of a contractual obligation entered
into by the Government of Iraq, including any agency or instrumentality
thereof, after June 30, 2004, and so that, with respect to Iraqi petroleum
and petroleum products and interests therein, such steps shall apply only
until title passes to the initial purchaser.
I hereby order:
Section 1. Section 1 of Executive Order 13303 is hereby amended to read
as follows:
‘‘Section 1. (a) Except as provided in section 1(b) of this order,
and unless licensed or otherwise authorized pursuant to this order,
any attachment, judgment, decree, lien, execution, garnishment, or
other judicial process is prohibited and shall be deemed null and
void with respect to the following:
(i) the Development Fund for Iraq;
(ii) all Iraqi petroleum and petroleum products, and interests
therein, but only until title passes to the initial purchaser,
and proceeds, obligations, or any financial instruments of
any nature whatsoever arising from or related to the sale or
marketing thereof, and interests therein, in which any for-
eign country or a national thereof has any interest, 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 United States persons; and
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(iii) any accounts, assets, investments, or any other property of
any kind owned by, belonging to, or held by the Central
Bank of Iraq, or held, maintained, or otherwise controlled
by any financial institution of any kind in the name of, on
behalf of, or otherwise for the Central Bank of Iraq.
(b) The prohibition in section 1(a) of this order shall not apply with
respect to any final judgment arising out of a contractual obligation
entered into by the Government of Iraq, including any agency or
instrumentality thereof, after June 30, 2004.’’
Sec. 2. (a) The Secretary of the Treasury, in consultation with the Secretary
of State, is hereby authorized to take such actions, including the promulgation
of rules and regulations, and to employ all powers granted to the President
by IEEPA and the UNPA as may be necessary to carry out the purposes
of this order. The Secretary of the Treasury may redelegate any of these
functions to other officers and agencies of the United States Government
consistent with applicable law. All agencies of the United States Government
are hereby directed to take all appropriate measures within their authority
to carry out the provisions of this order.
(b) Nothing contained in this order shall relieve a person from any require-
ment to obtain a license or other authorization in compliance with applicable
laws and regulations.
Sec. 3. This order is not intended to, and does not, create any right, benefit,
or privilege, substantive or procedural, enforceable at law or in equity by
a party against the United States, its departments, agencies, entities, officers,
employees, or agents, or any other person.
Sec. 4. This order shall be transmitted to the Congress and published in
the Federal Register.
W
THE WHITE HOUSE,
November 29, 2004.
[FR Doc. 04–26686
Filed 12–1–04; 9:47 am]
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Presidential Executive Order | 04-25866 (13361) | Presidential Documents
67633
Federal Register
Vol. 69, No. 223
Friday, November 19, 2004
Title 3—
The President
Executive Order 13361 of November 16, 2004
Assignment of Functions Under the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Executive Order 12163 of September 29, 1979, as amended, is
further amended as follows:
(a) in subsection 1–100(a), by striking the period at the end of paragraph
(15), by inserting a semicolon at the end of paragraph (15), and by adding
at the end thereof the following new paragraph:
‘‘(16) the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Public Law 108–25)(the ‘‘HIV/AIDS Act’’), as amend-
ed, and amendments made by the HIV/AIDS Act, which the Secretary
shall perform, in the case of section 304, after consultation with the
Secretary of Health and Human Services.’’;
(b) in section 1–701, by inserting, after subsection (g), the following new
subsections:
‘‘(h)
Those
functions
conferred
by
section
1(f)(1)
and
section
1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of 1956,
as amended (22 U.S.C. 2651a).
‘‘(i) Those functions conferred by section 202(d)(4)(C)(i) and (ii) of the
HIV/AIDS Act, as amended.’’;
(c) by adding at the end thereof the following new section:
‘‘1–906. Implementation. In carrying out this order, officers of the United
States shall ensure that all actions taken by them are consistent with
the President’s constitutional authority to: (a) conduct the foreign affairs
of the United States; (b) withhold information the disclosure of which
could impair the foreign relations, the national security, the deliberative
processes of the Executive, or the performance of the Executive’s constitu-
tional duties; (c) recommend for congressional consideration such measures
as the President may judge necessary and expedient; and (d) supervise
the unitary executive branch.’’.
Sec. 2. Nothing in this order shall be construed to impair or otherwise
affect the functions of the Director of the Office of Management and Budget
relating to budget, administrative, or legislative proposals.
Sec. 3. This order is intended only to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in equity
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Federal Register / Vol. 69, No. 223 / Friday, November 19, 2004 / Presidential Documents
by a party against the United States, its departments, agencies, entities,
officers, employees or agents, or any other person.
W
THE WHITE HOUSE,
November 16, 2004.
[FR Doc. 04–25866
Filed 10–18–04; 8:45 am]
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| Assignment of Functions Under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003 | 2004-11-16T00:00:00 | c4df38b7904b6914a8876599657cfa33a289ae8b3ff07a9cd0e9c5e6b6192f12 |
Presidential Executive Order | 04-23994 (13359) | Presidential Documents
62391
Federal Register / Vol. 69, No. 205 / Monday, October 25, 2004 / Presidential Documents
Executive Order 13359 of October 20, 2004
Amendment to Executive Order 13173, Interagency Task
Force on the Economic Development of the Central San Joa-
quin Valley
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to improve the operation
of the Interagency Task Force on the Economic Development of the Central
San Joaquin Valley, it is hereby ordered that Executive Order 13173 of
October 25, 2000, is amended as follows:
Section 1. Section 1(b) is amended to read as follows:
‘‘The Task Force shall consist exclusively of the Secretary of Agriculture,
the Secretary of Commerce, the Secretary of Defense, the Attorney General,
the Secretary of the Interior, the Secretary of Education, the Secretary of
Health and Human Services, the Secretary of Housing and Urban Develop-
ment, the Secretary of Energy, the Secretary of Labor, the Secretary of
Transportation, the Secretary of the Treasury, the Director of the Office
of Management and Budget, the Director of National Drug Control Policy,
the Administrator of General Services, the Administrator of the Small Busi-
ness Administration, the Administrator of the Environmental Protection
Agency, or their designees, and such other senior executive branch officials
as may be determined by the Task Force. The Chair of the Task Force
shall be the Secretary of Housing and Urban Development. Each of the
Federal departments and agencies, as appropriate, shall designate one staff
person, for the years 2004 through 2006, to work on issues of the Task
Force and to ensure the participation of the staff person’s department or
agency in the operations of the Task Force.’’
Sec. 2. Section 1(c)(1) is amended by inserting ‘‘regulations,’’ after ‘‘analyze’’.
Sec. 3. Section 5 is amended to read as follows:
‘‘Judicial Review. This order is intended only to improve the internal
management of the Federal Government and is not intended to, and does
not, create any right, benefit, or trust responsibility, substantive or procedural,
enforceable at law or in equity by a party against the United States, its
agencies, entities, its officers or employees, or any other person.’’
W
THE WHITE HOUSE,
October 20, 2004.
[FR Doc. 04–23994
Filed 10–22–04; 9:08 am]
Billing code 3195–01–P
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| Amendment to Executive Order 13173, Interagency Task Force on the Economic Development of the Central San Joaquin Valley | 2004-10-20T00:00:00 | 542cad3d0d14261875bc3077b022160a58d0728fb33ee259f77e13b8da794101 |
Subsets and Splits