[Title 3 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 1999 Edition]
[From the U.S. Government Printing Office]
The President
3
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1998 COMPILATION
AND
PARTS 100-102
Revised as of January 1, 1999
Published by
the Office of the Federal Register
National Archives and Records Administration
as a Special Edition of
the Federal Register
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U.S. GOVERNMENT PRINTING OFFICE
WASHINGTON: 1999
For sale by U.S. Government Printing Office
Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328
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TABLE OF CONTENTS
Page
List of Title 3 Compilations..........................................iv
Explanation of the Code of Federal Regulations.........................v
Explanation of This Title.............................................ix
How To Cite This Title................................................xi
Title 3.............................................................xiii
1998 Compilation--Presidential Documents..........................1
Chapter I--Executive Office of the President....................311
Title 3 Finding Aids.................................................331
Tables..........................................................333
List of CFR Sections Affected...................................353
Index...........................................................355
CFR Finding Aids.....................................................363
Table of CFR Titles and Chapters................................365
Alphabetical List of Agencies Appearing in the CFR..............383
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TITLE 3 COMPILATIONS
________________________________________________________________________
------------------------------------------------------------------------
Title 3 Compilations Proclamations Executive Orders
------------------------------------------------------------------------
1936-1938..................... 2161-2286.......... 7316-7905
1938-1943..................... 2287-2587.......... 7906-9347
1943-1948..................... 2588-2823.......... 9348-10025
1949-1953..................... 2824-3041.......... 10026-10510
1954-1958..................... 3042-3265.......... 10511-10797
1959-1963..................... 3266-3565.......... 10798-11134
1964-1965..................... 3566-3694.......... 11135-11263
1966-1970..................... 3695-4025.......... 11264-11574
1971-1975..................... 4026-4411.......... 11575-11893
1976.......................... 4412-4480.......... 11894-11949
1977.......................... 4481-4543.......... 11950-12032
1978.......................... 4544-4631.......... 12033-12110
1979.......................... 4632-4709.......... 12111-12187
1980.......................... 4710-4812.......... 12188-12260
1981.......................... 4813-4889.......... 12261-12336
1982.......................... 4890-5008.......... 12337-12399
1983.......................... 5009-5142.......... 12400-12456
1984.......................... 5143-5291.......... 12457-12497
1985.......................... 5292-5424.......... 12498-12542
1986.......................... 5425-5595.......... 12543-12579
1987.......................... 5596-5759.......... 12580-12622
1988.......................... 5760-5928.......... 12623-12662
1989.......................... 5929-6084.......... 12663-12698
1990.......................... 6085-6240.......... 12699-12741
1991.......................... 6241-6398.......... 12742-12787
1992.......................... 6399-6520.......... 12788-12827
1993.......................... 6521-6643.......... 12828-12890
1994.......................... 6644-6763.......... 12891-12944
1995.......................... 6764-6859.......... 12945-12987
1996.......................... 6860-6965.......... 12988-13033
1997.......................... 6966-7061.......... 13034-13071
1998.......................... 7062-7161.......... 13072-13109
------------------------------------------------------------------------
Beginning with 1976, Title 3 Compilations also include regulations
contained in Chapter I, Executive Office of the President.
Supplementary publications include: Presidential documents of the Hoover
Administration (two volumes), Proclamations 1870-2037 and Executive
Orders 5076-6070; Consolidated Indexes for 1936-1965; and Consolidated
Tables for 1936-1965.
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EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
regulation. Each title is divided into chapters which usually bear the
name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
The contents of the Federal Register are required to be judicially
noticed (44 U.S.C. 1507). The Code of Federal Regulations is prima facie
evidence of the text of the original documents (44 U.S.C. 1510).
HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
issues of the Federal Register. These two publications must be used
together to determine the latest version of any given rule.
To determine whether a Code volume has been amended since its
revision date (in this case, January 1, 1999), consult the ``List of CFR
Sections Affected (LSA),'' which is issued monthly, and the ``Cumulative
List of Parts Affected,'' which appears in the Reader Aids section of
the daily Federal Register. These two lists will identify the Federal
Register page number of the latest amendment of any given rule.
EFFECTIVE AND EXPIRATION DATES
Each volume of the Code contains amendments published in the Federal
Register since the last revision of that volume of the Code. Source
citations for the regulations are referred to by volume number and page
number of the Federal Register and date of publication. Publication
dates and effective dates are usually not the same and care must be
exercised by the user in determining the actual effective date. In
instances where the effective date is beyond the cut-off date for the
Code a note has been inserted to reflect the future effective date. In
those instances where a regulation published in the Federal Register
states a date certain for expiration, an appropriate note will be
inserted following the text.
OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
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Many agencies have begun publishing numerous OMB control numbers as
amendments to existing regulations in the CFR. These OMB numbers are
placed as close as possible to the applicable recordkeeping or reporting
requirements.
OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
the cover of each volume are not carried. Code users may find the text
of provisions in effect on a given date in the past by using the
appropriate numerical list of sections affected. For the period before
January 1, 1986, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, or 1973-1985, published in seven separate volumes. For
the period beginning January 1, 1986, a ``List of CFR Sections
Affected'' is published at the end of each CFR volume.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I), and Acts Requiring Publication
in the Federal Register (Table II). A list of CFR titles, chapters, and
parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
An index to the text of ``Title 3--The President'' is carried within
that volume.
The Federal Register Index is issued monthly in cumulative form.
This index is based on a consolidation of the ``Contents'' entries in
the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
INQUIRIES
For a legal interpretation or explanation of any regulation in this
volume, contact the issuing agency. The issuing agency's name appears at
the top of odd-numbered pages.
For inquiries concerning CFR reference assistance, call 202-523-5227
or write to the Director, Office of the Federal Register, National
Archives and Records Administration, Washington, DC 20408 or e-mail
[email protected].
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ELECTRONIC SERVICES
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The Office of the Federal Register maintains a free electronic
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Delivery), for public law numbers, Federal Register finding aids, and
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In addition, the Federal Register's public inspection list and table
of contents are also available on the National Archives and Records
Administration's Fax-on-Demand system. Phone, 301-713-6905.
Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 1999.
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EXPLANATION OF THIS TITLE
This volume of ``Title 3--The President'' contains a compilation of
Presidential documents and a codification of regulations issued by the
Executive Office of the President.
The 1998 Compilation contains the full text of those documents
signed by the President that were required to be published in the
Federal Register. Signature date rather than publication date is the
criterion for inclusion. With each annual volume, the Presidential
documents signed in the previous year become the new Compilation.
Chapter I contains regulations issued by the Executive Office of the
President. This section is a true codification like other CFR volumes,
in that its contents are organized by subject or regulatory area and are
updated by individual issues of the Federal Register.
Presidential documents in this volume may be cited ``3 CFR, 1998
Comp.'' Thus, the preferred abbreviated citation for Proclamation 7062
appearing on page 1 of this book, is ``3 CFR, 1998 Comp., p. 1.''
Chapter I entries may be cited ``3 CFR.'' Thus, the preferred
abbreviated citation for Section 100.735-1, appearing in Chapter I of
this book, is ``3 CFR 100.735-1.''
This book is one of the volumes in a series that began with
Proclamation 2161 of March 19, 1936, and Executive Order 7316 of March
13, 1936, and that has been continued by means of annual compilations
and periodic cumulations. The entire Title 3 series, as of January 1,
1999, is encompassed in the volumes listed on page iv.
For readers interested in proclamations and Executive orders prior
to 1936, there is a two-volume set entitled Proclamations and Executive
Orders, Herbert Hoover (March 4, 1929, to March 4, 1933). Codified
Presidential documents are published in the Codification of Presidential
Proclamations and Executive Orders (April 13, 1945--January 20, 1989).
Other public Presidential documents not required to be published in the
Federal Register, such as speeches, messages to Congress, and
statements, can be found in the Weekly Compilation of Presidential
Documents and the Public Papers of the Presidents series. Each of these
Office of the Federal Register publications is available for sale from
the Superintendent of Documents, Government Printing Office, Washington,
DC 20402.
This book was prepared in the Presidential Documents and Legislative
Division by Anna Glover with the assistance of John S. Ashlin, Karen L.
Ashlin, Jennifer S. Mangum, and Karen Thornton.
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________________________________________________________________________
Cite Presidential documents in this volume
3 CFR, 1998 Comp.
thus: 3 CFR, 1998 Comp., p. 1
______________________________________________________________________
Cite Chapter I entries in this volume
3 CFR
thus: 3 CFR 100.735-1
________________________________________________________________________
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TITLE 3--THE PRESIDENT
Page
1998 Compilation--Presidential Documents:
Proclamations.....................................................1
Executive Orders................................................133
Other Presidential Documents....................................239
Chapter I--Executive Office of the President:
Part 100........................................................312
Part 101........................................................323
Part 102........................................................324
Finding Aids:
Table 1--Proclamations..........................................333
Table 2--Executive Orders.......................................337
Table 3--Other Presidential Documents...........................339
Table 4--Presidential Documents Affected During 1998............343
Table 5--Statutes Cited as Authority for Presidential Documents.349
List of CFR Sections Affected...................................353
Index...........................................................355
CFR Finding Aids:
Table of CFR Titles and Chapters................................365
Alphabetical List of Agencies Appearing in the CFR..............383
TITLE 3--Presidential Documents
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1998 Compilation--Presidential Documents
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PROCLAMATIONS
________________________________________________________________________
Proclamation 7062 of January 14, 1998
Suspension of Entry as Immigrants and Nonimmigrants of Persons Who Are
Members of the Military Junta in Sierra Leone and Members of Their
Families
By the President of the United States of America
A Proclamation
In light of the refusal of the military junta in de facto control in
Sierra Leone to permit the return to power of the democratically elected
government of that country, and in furtherance of United Nations
Security Council Resolution 1132 of October 8, 1997, I have determined
that it is in the foreign policy interests of the United States to
suspend the entry into the United States of aliens described in section
1 of this proclamation.
NOW, THEREFORE, I, WILLIAM J. CLINTON, by the power vested in me as
President of the United States by the Constitution and the laws of the
United States of America, including sections 212(f) and 215 of the
Immigration and Nationality Act of 1952, as amended (8 U.S.C. 1182(f)
and 1185), hereby find that the entry into the United States of aliens
described in section 1 of this proclamation, as immigrants or
nonimmigrants would, except as provided for in section 2 of this
proclamation, be detrimental to the interests of the United States. I do
therefore proclaim that:
Section 1. The entry into the United States as immigrants and
nonimmigrants of members of the military junta in Sierra Leone and
members of their families, is hereby suspended.
Sec. 2. Section 1 shall not apply with respect to any person otherwise
covered by section 1 where the entry of such person would not be
contrary to the interests of the United States.
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Sec. 3. Persons covered by sections 1 and 2 shall be identified by the
Secretary of State.
Sec. 4. This proclamation is effective immediately and shall remain in
effect until such time as the Secretary of State determines that it is
no longer necessary and should be terminated.
Sec. 5. The Secretary of State is hereby authorized to implement this
proclamation pursuant to such procedures as the Secretary of State may
establish.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
January, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7063 of January 15, 1998
Religious Freedom Day, 1998
By the President of the United States of America
A Proclamation
The right to worship according to one's own conscience is essential to
our dignity as human beings. Whatever our religious beliefs, they
represent the essence of our personal values and cannot be dictated to
us. Recognizing this truth, our founders made religious liberty the
first freedom guaranteed in the Bill of Rights. They wisely understood
as well that in protecting the free exercise of religion, we must also
prohibit the establishment of religion by the state.
Among the early European settlers who came to our shores were many
seeking to escape the religious compulsion and persecution they had
endured in the lands of their birth. William Penn, Roger Williams, and
many others would strive to make their settlements havens for freedom of
conscience, laying the foundation for the great tradition of religious
liberty that would ultimately find expression in the First Amendment to
the Constitution. Since those early days, our continuing aspiration has
been to banish lingering prejudice and increase religious understanding
and respect among our people.
Today, millions of people of different faiths call America home. The
churches, synagogues, temples, mosques, and other houses of worship they
have built have become centers of community life and service and a
source of strength for our Nation. As our country becomes increasingly
diverse, we must reaffirm our efforts to reach out to one another and to
see past our differences to the values we hold in common.
My Administration is striving to enhance this climate of acceptance and
respect, bringing people together across lines of faith. Two years ago,
with the help of a broad coalition of religious and civic leaders, we
created guidelines clarifying the nature of religious expression
permitted in our public schools and reaffirming that America's young
people do not have to
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leave their religious beliefs at the schoolhouse door. With the help of
that same coalition, I issued additional guidelines last August to
reinforce the right of religious expression in the Federal workplace.
Building on America's long-standing commitment to freedom and fairness,
these guidelines will ensure that Federal employees may engage in
personal religious expression to the greatest extent possible,
consistent with workplace efficiency and the requirements of law. The
guidelines also clarify that Federal employers may not discriminate in
employment on the basis of religion and that an agency must reasonably
accommodate employees' religious practices.
On Religious Freedom Day this year, as we celebrate and cherish this
precious right we enjoy as Americans, we must not forget others who are
less fortunate. Throughout the world, in many lands, too many people
still suffer and die for their beliefs, and lives, families, and
communities are torn apart by old hatreds and prejudices. We must
continue to proclaim the fundamental right of all peoples to believe and
worship according to their own conscience, to affirm their beliefs
openly and freely, and to practice their faith without fear or
intimidation. The priceless gift we have inherited from past generations
will only grow in value as we share it with others.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim January 16, 1998, as
Religious Freedom Day. I call upon the people of the United States to
observe this day with appropriate ceremonies, activities, and programs,
and I urge all Americans to reaffirm their devotion to the fundamental
principles of religious freedom and religious tolerance.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
January, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7064 of January 16, 1998
Martin Luther King, Jr., Federal Holiday, 1998
By the President of the United States of America
A Proclamation
America has been blessed with heroes throughout our history, men and
women of vision and courage who have set our feet firmly on the path of
freedom and equality. Some became heroes by leading us in times of
struggle; some by shaping our values and challenging us to greatness.
And a few, like Dr. Martin Luther King, Jr., have done all this and
more.
A thoughtful man and one of deep personal faith, his conscience called
him into action for the soul of our Nation. He mobilized thousands of
other brave and principled Americans--black and white, renowned and
unknown--and began a crusade for justice that continues today. In sit-
ins, marches, demonstrations, and boycotts, he and many others met
violence
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with nonviolence and ignorance with determination. They awakened the
conscience of our Nation and succeeded in winning passage of historic
civil rights legislation: the Civil Rights Act of 1964, the Voting
Rights Act of 1965, and the Fair Housing Act of 1968. Pouring out his
life in service, Dr. King made enormous and lasting contributions to
improve the lives of millions of his fellow Americans.
Almost 35 years have passed since Dr. King challenged us from the steps
of the Lincoln Memorial to live out the true meaning of our creed--that
all men are created equal--and almost 30 years have passed since he was
taken from us after an all-too-brief sojourn on this earth. A generation
of young Americans has come of age without experiencing firsthand the
power of his vision or the eloquence of his voice. Much has changed for
the better in that time, but we still have much to do if we are to
finish the work of Martin Luther King, Jr.
Following his example of service, we must build communities where
everyone shares an equal opportunity for a good education and a good
job, where our children can grow up without living in the shadow of
guns, gangs, and drugs, and where we reject separation and isolation and
instead celebrate together the blessing of our diversity. Last June, I
established my initiative, ``One America in the 21st Century,'' to
encourage a national dialogue among Americans about race and to spur
concerted action that will bring Americans together. We must put aside
the bitter refrains of accusation and recrimination and instead discuss
and implement new ideas for forging a single Nation in the 21st Century
out of our ever-increasing racial and ethnic diversity. By learning to
talk to one another, to trust one another, and to work together in hope,
we can and will come to the time Dr. King foresaw when ``justice rolls
down like waters.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim Monday, January 19, 1998,
as the Martin Luther King, Jr., Federal Holiday. I call upon the people
of the United States to observe this occasion with appropriate programs,
ceremonies, and activities and to participate in the many community
service activities taking place across the country on this day.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
January, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7065 of January 28, 1998
Year of the Ocean, 1998
By the President of the United States of America
A Proclamation
More than 70 percent of the Earth's surface is covered by water, and
more than half the world's population lives within 50 miles of a
coastline. We
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rely on the ocean as both a source and sustenance of life on our planet.
It contains a wondrous abundance and diversity of life, from the
smallest microorganism to the mammoth blue whale. It is a key source of
food, medicine, energy, commerce, and recreation for the peoples of the
world, and the more we learn about its influence on climate and weather,
the more we realize its impact on our safety and quality of life.
We are only beginning to understand the depths of the ocean's mysteries,
but we are quickly learning one crucial lesson: the ocean's resources
are limited, and we must work together to preserve them. Many areas are
already overfished; decades of pollution, including industrial waste,
sewage, and toxic runoff, has taken its toll on the health of the ocean
and its living creatures. Many species of fish are threatened with
extinction, and even our precious coral reefs, once a safe haven for an
amazing variety of animal and plant life, have suffered greatly.
Because the ocean is a treasure that all nations of the world share in
common, we must work in partnership to become wise stewards of its many
riches. We must strive together--at local, national, and international
levels--to preserve the ocean's health, to protect the marine
environment, and to ensure the sustainable management of the myriad
resources the ocean contains.
Dedicating 1998 as the Year of the Ocean is an important first step in
this worldwide endeavor. Throughout the year, individuals,
organizations, and governments will participate in activities designed
to raise public awareness of the vital role the ocean plays in human
life and of the equally vital role that human beings must play in the
life of the ocean. The Year of the Ocean provides us with an
extraordinary opportunity to learn more about the ocean's unique
environment and to collaborate on protecting and preserving its
invaluable resources.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim 1998 as the Year of the Ocean. I encourage
the Governors of the States and the Commonwealth of Puerto Rico and
officials of other areas subject to the jurisdiction of the United
States to participate in the observance of this year. I invite all
Americans to take this opportunity to learn more about the ocean and its
vast biodiversity and to become involved in keeping our coastal waters
safe and clean.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day
of January, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-second.
WILLIAM J. CLINTON
[[Page 6]]
Proclamation 7066 of January 30, 1998
American Heart Month, 1998
By the President of the United States of America
A Proclamation
Fifty years ago, a heart attack meant an end to an active lifestyle,
and, for a third of those stricken, it meant death. Thankfully, the past
half-century has brought us an array of advances in the prevention and
treatment of heart disease. Procedures such as balloon angioplasty and
coronary artery bypass grafts, noninvasive diagnostic tests, and drugs
that treat high blood pressure and clots and reduce high blood
cholesterol have enabled Americans to live longer and healthier lives.
Equally important, we have become better educated during the past five
decades about heart disease risk factors and how to control them.
This year, two of the groups most responsible for this remarkable
progress--the National Heart, Lung, and Blood Institute and the American
Heart Association--are celebrating their golden anniversaries. The
National Heart, Lung, and Blood Institute, part of the National
Institutes of Health, leads the Federal Government's efforts against
heart disease by supporting research and education for the public, heart
patients, and health care professionals. The American Heart Association
plays a crucial role in the fight against heart disease through its
research and education programs and its vital network of dedicated
volunteers.
Despite the encouraging developments in that fight, we still face many
challenges. Heart disease continues to be the leading cause of death in
this country, killing more than 700,000 Americans each year. The number
of Americans with heart disease or a risk factor for it is staggering.
Approximately 58 million have some form of cardiovascular disease, about
50 million have high blood pressure, and about 52 million have high
blood cholesterol. Americans are also becoming more overweight and less
active--two key factors that increase the risk of heart disease. Most
disturbing, for the first time in decades, Americans are losing ground
against some cardiovascular diseases. The rate of stroke has risen
slightly, the prevalence of heart failure has increased, and the decline
in the death rate for those with coronary heart disease has slowed.
Women are particularly hard hit by this disease, in part because public
health messages too often have not focused on how this segment of our
population can best protect their hearts. The American Heart Association
recently discovered that only 8 percent of American women know that
heart disease and stroke are the greatest health threats for women, and
90 percent of women polled did not know the most common heart attack
signals for women.
For a variety of reasons, including poorer access to preventive health
care services, minorities in America have high mortality rates due to
heart disease. The American Heart Association reported that, in 1995,
cardiovascular disease death rates were about 49 percent greater for
African American men than for white men, and about 67 percent higher for
African American women than white women. In addition, the prevalence of
diabetes--a major risk factor for heart disease--is very high in some of
our Na
[[Page 7]]
tive American populations, and Asian Americans have a high mortality
rate for stroke.
However, both the National Heart, Lung, and Blood Institute and the
American Heart Association have undertaken activities to counter these
trends. Both groups have initiated major efforts to better inform women
and minorities about the threat of heart disease and the steps that can
be taken both to prevent and treat it. These fine organizations also
continue their efforts to educate health professionals on improving
medical practice in heart health and to inform patients and the public
about how to reduce their risk of heart disease. As we celebrate their
50th anniversaries, let us resolve to build on their record of
accomplishment. By continuing our investment in research, raising public
awareness of the symptoms of heart disease, and educating Americans
about the importance of a heart-healthy diet and exercise, we can
continue our extraordinary progress in saving lives and improving
health.
In recognition of these important efforts in the ongoing fight against
cardiovascular disease, the Congress, by Joint Resolution approved
December 30, 1963 (77 Stat. 843; 36 U.S.C. 169b), has requested that the
President issue an annual proclamation designating February as
``American Heart Month.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim February 1998 as American Heart Month. I
invite the Governors of the States, the Commonwealth of Puerto Rico,
officials of other areas subject to the jurisdiction of the United
States, and the American people to join me in reaffirming our commitment
to combating cardiovascular disease and stroke.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
January, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7067 of January 30, 1998
National African American History Month, 1998
By the President of the United States of America
A Proclamation
African American history is one of the great human chronicles of all
time. It is the story of men and women who, with extraordinary courage
and faith, prevailed against centuries of slavery and discrimination to
build lives for themselves and their families and to contribute
immeasurably to the strength and character of our Nation. It is the
story of millions of people who arrived on these shores in chains, yet
who had the greatness of heart and spirit to love this country for its
possibilities. It is the story of generations of heroes who with their
labor, voices, vision, and blood sought to change the essence of our
society--our laws, institutions, and attitudes--to reflect the
fundamental American ideals of freedom, justice, and equality. African
American history is ultimately the story of America's struggle to become
a more perfect union.
[[Page 8]]
Each year during the month of February, we focus on a particular aspect
of African American history to broaden our knowledge and deepen our
appreciation of the countless contributions African Americans have made
to the life of our Nation. This year's theme, ``African Americans in
Business: The Path Towards Empowerment,'' presents an opportunity not
only to celebrate these contributions, but also to build on them.
Our Nation's system of free enterprise has been a sure path to inclusion
and independence for generations of Americans, and today African
American entrepreneurs are reaping its many rewards. In every facet of
American endeavor, in the fields of health care, law, government, and
education; as artists, bankers, scientists, and computer programmers,
African Americans are excelling and adding significantly to the strength
of our economy. If current trends continue, African Americans will
account for nearly 12 percent of the American labor force by the year
2000. And even more promising, according to the most recent data
available from the U.S. Census, the number of businesses owned by
African Americans has grown at an impressive annual rate and
significantly faster than the number of new U.S. businesses overall.
These statistics are a testament to the perseverance, hard work, and
energy of African Americans and of their enduring faith in the American
Dream.
As we celebrate National African American History Month, let us resolve
to build on this record of success. We must ensure that every American
shares equal access to a quality education--an education that will offer
the knowledge and skills necessary to fill the jobs of the 21st century.
We must strive to eradicate every trace of discrimination from our
society and the American workplace. And we must work together--
government, private industry, community organizations, and concerned
citizens--to invest in all our people, providing them with the tools
they need to succeed and widening the circle of opportunity.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim February 1998 as National
African American History Month. I call upon public officials, educators,
librarians, and all the people of the United States to observe this
month with appropriate ceremonies, activities, and programs that raise
awareness and appreciation of African American history.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
January, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
[[Page 9]]
Proclamation 7068 of February 26, 1998
Save Your Vision Week, 1998
By the President of the United States of America
A Proclamation
The ability to see is a great treasure; but, as with any precious
possession, it is vulnerable to loss--through injury, age, or disease.
Men and women whose jobs require them to work with chemicals or
machinery are at increased risk of eye injury. Macular degeneration
takes a dramatic toll on the vision of people aged 60 and over, causing
severe visual impairment and even blindness in its victims. Diseases
such as glaucoma, cataract, and diabetic retinopathy can silently steal
the vision of their victims without pain or other early symptoms to
signal the need for immediate medical attention.
The greatest defense we have in protecting our eyesight is early
detection and treatment. While many Americans receive regular physical
examinations to ensure their overall fitness, they often ignore the
health of their eyes. Yet, by the time many patients realize their
eyesight is deteriorating, it is often too late to restore vision
already lost. Even though they may not be experiencing vision problems,
Americans should make a dilated eye examination part of their preventive
health care routine. A dilated eye exam can reveal early signs of eye
disease and make it possible to treat the affliction and preserve
vision.
Good eye care is not solely for those who know they are at high risk for
eye disease--it is for everyone. Certain types of eye disease tend to
develop primarily in children, while others manifest themselves most
often in working-age adults or older men and women. By taking good care
of our eyes, we can take the important steps to maintain our quality of
life and ensure the full enjoyment of all that our world has to offer.
To remind Americans of the importance of protecting their eyesight, the
Congress, by joint resolution approved December 30, 1963 (77 Stat. 629;
36 U.S.C. 169a), has authorized and requested the President to proclaim
the first week in March of each year as ``Save Your Vision Week.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim March 1 through March 7, 1998, as Save Your
Vision Week. I urge all Americans to participate by making eye care and
eye safety an important part of their lives and to ensure that dilated
eye examinations are included in their regular health maintenance
programs. I invite eye care professionals, the media, and all public and
private organizations dedicated to preserving eyesight to join in
activities that will raise awareness of the measures we can take to
protect and sustain our vision.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
February, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
[[Page 10]]
Proclamation 7069 of February 27, 1998
American Red Cross Month, 1998
By the President of the United States of America
A Proclamation
Americans share a long tradition of compassion for others and lending
aid to those in need. Since our earliest days as a Nation, we have been
able to bear the heartbreak of family tragedy, personal hardship, or
natural disaster because of the help of caring friends and neighbors.
For 117 years, the American Red Cross has been the staunchest of friends
and neighbors to millions of people both here at home and around the
world, adding its own vital contributions to our history of service.
The American Red Cross brings both comfort and practical assistance to
the victims of more than 65,000 disasters each year, from hurricanes and
tornadoes affecting thousands of people to a house fire involving a
single family. Members of the Red Cross also work on the front lines of
armed conflicts and disasters across the globe to relieve suffering and
restore human dignity and self-sufficiency. At the same time, they serve
alongside our men and women in uniform wherever they are deployed,
relaying urgent family messages and providing a precious link with home.
And through its Holocaust and War Victims Tracing and Information
Center, the Red Cross has helped thousands of families in their search
for information about the fate of loved ones from whom they were
separated during the Holocaust.
Few of us have remained untouched by the work of the Red Cross. The Red
Cross collects, tests, and distributes six million units of donated
blood each year, nearly half the Nation's supply. More than 1,300 Red
Cross chapters in communities across America teach health and safety
courses to 12 million people each year, providing them with knowledge
regarding CPR, first aid, water safety, and HIV/AIDS that can--and
does--save lives.
The Red Cross has become a simple yet powerful symbol that transcends
language and conveys a universally understood message of hope. This
symbol draws its strength from the dedication of the more than 1.3
million volunteers who help disaster victims, assist at blood drives,
teach health classes, and respond to urgent community needs. I commend
the generous spirit of all those who carry out the important work of the
American Red Cross, and I encourage all Americans to support their
efforts--whether by giving blood, donating funds to help disaster
victims, or becoming Red Cross volunteers themselves. In doing so, we
will ensure that the American Red Cross will continue its tradition of
compassionate service in the 21st century and beyond.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America and Honorary Chairman of the American Red Cross, by virtue of
the authority vested in me by the Constitution and laws of the United
States, do hereby proclaim March 1998 as American Red Cross Month. I
urge all the people of the United States to support Red Cross chapters
nationwide, and I challenge each of you to become active participants in
advancing the noble mission of the Red Cross.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of February, in the year of our Lord nineteen hundred and ninety-eight,
[[Page 11]]
and of the Independence of the United States of America the two hundred
and twenty-second.
WILLIAM J. CLINTON
Proclamation 7070 of February 27, 1998
Irish-American Heritage Month, 1998
By the President of the United States of America
A Proclamation
As it has been for many immigrants, America has always been a beacon of
hope for the Irish people, a land of promise beckoning on the far shore
of the Atlantic where they could build a better life for themselves and
their children. Those who traveled here in the 17th and 18th centuries
came primarily to escape religious, social, and political discrimination
in their homeland. But millions of Irish immigrants who came to the
United States in the 19th century were fleeing not only persecution, but
also the specter of starvation and disease brought on by the Great
Hunger, the devastating potato famine that began in the 1840s. Many of
them did not survive the journey; many of those who did arrive at
America's ports were hungry, ill, and crushingly poor.
But the Irish did not come to America empty-handed. They brought with
them strong arms and an even stronger spirit that would help to build
our Nation's great canals, bridges, and railroads. They would wrest coal
from the mines of Pennsylvania and raise the skyscrapers of New York.
They brought with them a love of words that enriched American journalism
and literature and produced writers such as John Boyle O'Reilly, Ring
Lardner, Eugene O'Neill, and Mary McCarthy. They brought as well a great
reverence for education and created schools, colleges, and universities
across the country renowned for their scholarship and social conscience.
Perhaps their greatest gifts to America have been a abiding love of
liberty, and an patriotic spirit. Irish Americans have served with
distinction in every American conflict, from the Revolutionary War to
the Persian Gulf, and their keen sense of social justice made them among
the first and most effective voices for labor reform. From Mary Kenney
O'Sullivan to George Meany, they have been in the vanguard of efforts to
improve working conditions and wages for all Americans. Generations of
Irish Americans entered public service to reach out to those in need--to
feed the poor, find jobs for the unemployed, fight for racial equality,
and champion social reform. From the Kennedys of Massachusetts to the
Daleys of Chicago, from Governor Al Smith to Ambassador Mike Mansfield,
Americans of Irish descent have made important and enduring
contributions to the public life of our Nation.
The United States continues to draw strength and vision from our
multicultural, multiracial society. This month, when citizens across the
country celebrate Saint Patrick's Day, we remember with special
gratitude the gifts of Irish Americans: faith in God, love of family and
community, and an unswerving commitment to freedom and justice that
continues to enrich our
[[Page 12]]
Nation and fulfill the promise envisioned by the first Irish immigrants
who turned their eyes and hearts toward America so many years ago.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 1998 as Irish-
American Heritage Month. I call upon all the people of the United States
to observe this month with appropriate ceremonies, programs, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-seventh day
of February, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-second.
WILLIAM J. CLINTON
Proclamation 7071 of March 2, 1998
Women's History Month, 1998
By the President of the United States of America
A Proclamation
The Preamble to the Constitution begins, ``We, the people.'' Yet that
phrase, inspiring as it is, has not always included all Americans.
Women's history in America has been the story of the struggle of women
of all racial, ethnic, and cultural backgrounds to be included in that
simple but powerful statement. It is the story as well of how, in
striving to reach their own great potential, women have strengthened and
enriched our Nation.
In every era of American history, women have braved enormous challenges
to change our world for the better. Women of faith in the early 17th
century dared a dangerous journey and the unknown wilderness to seek
freedom of conscience in a new land. As our Nation struggled for
independence and to establish a new, more enlightened form of
government, women like Esther DeBerdt Reed and Sarah Franklin Bache
supplied food, clothes, and funds for Washington's soldiers. Freedom
fighters like Sojourner Truth and Harriet Tubman led hundreds of
enslaved men and women to liberty through the Underground Railroad, and
social reformers like Gertrude Bonnin advanced the human rights of
American Indians. Suffragists like Susan B. Anthony, Elizabeth Cady
Stanton, and Luisa Capetillo challenged the conventions of their times
and sought to secure for women one of the most basic rights within our
democracy.
This year marks the 150th anniversary of the women's rights movement in
America and its immeasurable contributions to our Nation's promise of
justice and equality for all. The visionary women and men who gathered
in Seneca Falls, New York, in July of 1848 for the first Women's Rights
Convention in history gave voice so powerfully to women's aspirations
for inclusion and empowerment that their vision continues to shape our
world today.
Once disenfranchised, American women now serve at the highest levels of
government, as Justices of the Supreme Court and in increasing numbers
[[Page 13]]
in the Cabinet and the United States Congress. Once denied the resources
and opportunities to play organized sports, American women made sporting
history this year by winning the first-ever Olympic Gold Medal in
women's ice hockey. Women are cracking the glass ceilings of corporate
management to lead some of our country's most prominent businesses. As
parents and partners, entrepreneurs and artists, politicians and
scientists, women are helping to build an America in which all citizens,
regardless of gender, are free to live out their dreams.
Thanks to the efforts of women leaders, little girls across America
today know far fewer limits than did their mothers and grandmothers. But
there still remains work to be done to create a more just America, and
we must rededicate ourselves to ending the discrimination that women
still face. We must continue our efforts to help women succeed at work
and at home, to be free from violent crime, and to enjoy quality health
care. In doing so, we will confirm our conviction that ``We, the
people'' includes us all.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 1998 as Women's
History Month. I encourage all Americans to observe this month with
appropriate programs, ceremonies, and activities, and to remember
throughout the year the many voices and stories of courageous women who
have made our Nation strong.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
March, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7072 of March 5, 1998
National Older Workers Employment Week, 1998
By the President of the United States of America
A Proclamation
Americans are living longer, healthier lives. As a Nation, we are
witnessing a dramatic growth in the population of Americans aged 55 and
older, a trend that will continue well into the next century. To
maintain our dynamic economy and to fill the jobs of the 21st century,
we must make the most of the creative potential and productive capacity
of this growing segment of our society.
Unfortunately, many Americans aged 55 and older encounter serious
difficulty finding employment when they lose their jobs or seek to
change careers. Employers too often focus on the age of older workers
instead of their qualifications and strong work ethic. By failing to
recognize the wealth of skills and experience older workers can bring to
their jobs, such employers deny them an equal opportunity to make their
own valuable contributions to the American workplace.
[[Page 14]]
To counter these challenges, laws and government programs offer older
workers the protections and services they need to ensure fair employment
opportunities and practices. The Age Discrimination Act, the Older
Americans Act, and the Age Discrimination in Employment Act protect the
basic rights of millions of older working Americans. The Department of
Labor and the Department of Health and Human Services also assist older
workers through such efforts as the Senior Community Service Employment
Program and the programs of the Administration on Aging.
Older Americans actively contribute to our communities through their
hard work, wisdom, and experience. They have rightly earned our
admiration and respect; they have also earned a fair chance at a good
job. As we observe National Older Workers Employment Week, I urge all
employers, when they hire new workers, to consider carefully the skills
and other qualifications of men and women aged 55 and older and to fully
utilize this rich national resource.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States,
by virtue of the authority vested in me by the Constitution and laws of
the United States, do hereby proclaim March 8 through March 14, 1998, as
National Older Workers Employment Week. I encourage all Americans to
recognize the contributions that older workers make to the workplace and
to our economy, and I urge public officials responsible for job
placement, training, and related services to intensify their efforts
throughout the year to help older Americans find suitable jobs and
training.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of March,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7073 of March 12, 1998
National Poison Prevention Week, 1998
By the President of the United States of America
A Proclamation
Protecting the well-being of our children must always be our highest
priority as a people and as a Nation. Innocent and vulnerable, children
are eager to explore the world around them, and in our society today,
where every home is filled with potentially dangerous chemicals, this
can put our children at grave risk. According to the American
Association of Poison Control Centers, over one million children are
exposed each year to potentially deadly medicines and household
chemicals--a danger we must not, and need not, tolerate.
Since the first observance of National Poison Prevention Week 36 years
ago, the number of children who have died each year from accidental
poisonings has dropped dramatically, from 450 in 1962 to 29 in 1995.
This remarkable progress is due in part to the dedicated efforts of the
U.S. Consumer Product Safety Commission, the Poison Prevention Week
Council,
[[Page 15]]
and our Nation's poison control centers. Nevertheless we still have much
work to do if we are to prevent even a single child from suffering or
dying due to poisoning. Because poisonings are almost always
preventable, there are simple, practical steps we can take to protect
our children: use child-resistant packaging correctly; keep toxic
materials locked up and out of the reach of children; and, if a
poisoning does occur, call a poison control center immediately.
This year, the focus of National Poison Prevention Week is the danger
posed by pesticides, which are involved in the poisonings of thousands
of young children each year. While the Environmental Protection Agency
requires that most pesticides be in child-resistant packaging, it is up
to parents and caregivers to make sure that these materials and other
household chemicals and medicines are kept locked up and out of the
reach of children. By taking a few moments to read labels and store
pesticides properly, we can avoid a lifetime of regret.
To encourage the American people to learn more about the dangers of
accidental poisonings and to take responsible preventive measures, the
Congress, by joint resolution approved September 26, 1961 (75 Stat.
681), has authorized and requested the President to issue a proclamation
designating the third week of March of each year as ``National Poison
Prevention Week.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim March 15 through March 21, 1998, as National
Poison Prevention Week. I call upon all Americans to observe this week
by participating in appropriate ceremonies and activities and by
learning how to protect our children from poisons.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
March, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7074 of March 12, 1998
Greek Independence Day: A National Day of Celebration of Greek and
American Democracy, 1998
By the President of the United States of America
A Proclamation
This year, as we mark the 177th anniversary of the advent of Greece's
struggle for independence, we celebrate with the Hellenic Republic and
recognize the close ties that have long existed between Greece and the
United States. Through two centuries, our nations have enjoyed a strong
and enduring friendship. For more than half a century, we have stood
together in NATO, modern history's most successful alliance.
Our bonds are deeper still, however, for we are joined by blood,
culture, and a profound commitment to shared values. Greek ideals of
democracy and freedom inspired our Nation's founders and breathed life
into Ameri
[[Page 16]]
ca's experiment with democratic self-government. Generations of Greek
Americans have enriched every aspect of our national life--in the arts,
sciences, business, politics, and sports. Through hard work, love of
family and community, steadfast commitment to principle, and a deep love
of liberty, they have contributed greatly to the prosperity and peace we
enjoy today.
The bonds between America and Greece, in fact, have never been stronger
than they are today. We are partners in the effort to find a lasting,
peaceful solution in the Balkans and to build an enlarged NATO that will
enhance our common security. As our two nations prepare for the
challenges and possibilities of the new millennium, we look forward to
building on that partnership so that the seeds of democracy we have
nurtured together for so long will bear fruit in a bright future not
only for ourselves, but for our global community.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim March 25, 1998, as Greek
Independence Day: A National Day of Celebration of Greek and American
Democracy. I call upon all Americans to observe this day with
appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
March, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7075 of March 31, 1998
Cancer Control Month, 1998
By the President of the United States of America
A Proclamation
While cancer still casts a shadow over the lives of millions of
Americans and their families, we can rightfully look back over the 1990s
as the decade in which we measurably began to turn the tide against this
deadly disease. From 1990 to 1995, the annual number of new cancer cases
for every 100,000 Americans dropped slightly but continuously. Perhaps
more important, the overall cancer death rate, which rose throughout the
1970s and 1980s, declined between 1991 and 1995, a trend that continues
today and that we hope will be sustained into the next century. Thanks
to years of dedicated, rigorous scientific study, people with cancer are
now leading longer, healthier lives. More than eight million Americans
living today have had cancer at some time, and these survivors are a
powerful reminder of the importance of maintaining our progress in
cancer research, prevention, and control.
My Administration's new cancer initiative proposes an unprecedented $4.7
billion investment in cancer research through the National Institutes of
Health (NIH) over the next 5 years. This significant increase in
research
[[Page 17]]
funding has great potential to enhance early detection and diagnoses of
cancer, to speed the discovery and development of new treatments, and to
provide all cancer patients and their caregivers with improved access to
the latest information about their disease. Part of these increased
funds will go to NIH's Human Genome Project, which is helping to advance
our knowledge in the promising field of cancer genetics. The National
Cancer Institute's (NCI) recently unveiled Cancer Genome Anatomy Project
website is connecting researchers to information on genetic factors that
determine how a particular cancer behaves--how fast it grows, whether it
will spread, and whether it will respond to treatment--as they work to
develop new ways to prevent, diagnose, and treat cancer.
We are also continuing our aggressive cancer prevention efforts. The
Centers for Disease Control and Prevention is entering the eighth year
of its landmark National Breast and Cervical Cancer Early Detection
program. This program brings critical breast and cervical cancer
screening services to previously underserved women, including older
women, uninsured or underinsured women, women with low incomes, and
women of racial and ethnic minority groups. Medicare now provides
coverage for annual mammography screening and for Pap tests, pelvic
exams, and colorectal cancer screening. By January 2000, Medicare will
also cover the costs of prostate cancer screening tests.
We are taking other important steps toward cancer control as well. The
NCI and the Food and Drug Administration are working in partnership to
ensure that potentially effective drugs are expedited through the
development process so that new anticancer therapies can be made
available more rapidly to the patients who need them. We are also
proposing, as part of our new cancer initiative, that Medicare
beneficiaries have the opportunity to participate in certain cancer
clinical trials. This will allow patients to benefit from cutting-edge
research and provide scientists with a larger pool of participants in
their studies, helping to make the results more statistically meaningful
and scientifically sound.
If we follow our present course--investing in research, translating
research findings into medical practice, and increasing access to
improved diagnostic and treatment programs--we can continue to make
significant progress in our crusade against cancer. We must not slacken
our efforts until we can fully control this devastating disease and
ultimately eradicate it.
In 1938, the Congress of the United States passed a joint resolution
requesting the President to issue an annual proclamation declaring April
as ``Cancer Control Month.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim April 1998 as Cancer Control Month. I invite
the Governors of the 50 States and the Commonwealth of Puerto Rico, the
Mayor of the District of Columbia, and the appropriate officials of all
other areas under the American flag to issue similar proclamations. I
also call upon health care professionals, private industry, community
groups, insurance companies, and all interested organizations and
individuals to unite in reaffirming our Nation's continuing commitment
to controlling cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
March, in the year of our Lord nineteen hundred and ninety-eight, and
[[Page 18]]
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7076 of April 1, 1998
National Child Abuse Prevention Month, 1998
By the President of the United States of America
A Proclamation
All of us at one time or another have been shocked by news reports about
a child who has been abused, neglected, or abandoned. Unable to
comprehend such a betrayal of trust, we find ourselves hoping that these
incidents are isolated and rare. The most recent reports from State
child welfare agencies, however, confirm that one million cases of
substantiated child abuse or neglect occur in our Nation every year. Of
these cases, more than a thousand children--many under the age of four--
do not survive; and most die at the hands of a parent or other family
member. As a caring society that cherishes our children, we must work
together to protect these little ones who cannot protect themselves.
Two of our greatest resources in the crusade against child abuse and
neglect are knowledge and compassion. We must raise public awareness
that these cases, while often hidden, can occur in any family and
community in America. As responsible adults, we must learn more about
the signs of child abuse so that we may report suspected incidents as
soon as possible. We must support community programs that help to
identify families at risk and intervene before abuse becomes deadly. As
individuals and as members of our communities, we need to support
services, programs, and legislation that will help to relieve the
stresses on families that can sometimes lead to violence. We must
strengthen the partnerships among schools, social service agencies,
religious organizations, law enforcement, and the business community so
that child abuse prevention efforts will be comprehensive, swift, and
effective.
Backing up such efforts at the State and local level, my Administration
is focusing Federal attention and resources on combating child abuse and
neglect. We are supporting family-based prevention services that help
at-risk families reduce violence in the home. We also are continuing to
give the States resources to build and maintain strong protection
systems for children in danger. And for those children who cannot remain
safely at home, we worked with the Congress to enact the Adoption and
Safe Families Act, which makes it easier to place at-risk children more
quickly into a permanent and secure environment.
This month, as Americans celebrate spring and its promise of new life,
let us reaffirm our commitment to the lives of our Nation's children. I
encourage communities across the country to join together to raise
awareness of the tragedy of child abuse, to learn more about what we can
do to help end such abuse, and to strengthen efforts to support children
and their families before the cycle of abuse can begin.
[[Page 19]]
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 1998 as National
Child Abuse Prevention Month. I call upon all Americans to observe this
month by resolving to take every appropriate means to protect our
children from abuse and neglect, to restore their shattered trust, and
to help them grow into healthy, happy adults.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of April,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7077 of April 2, 1998
National Equal Pay Day, 1998
By the President of the United States of America
A Proclamation
Americans have always believed in the value of work and that, if you
work hard, you should be able to provide for yourself and your family
with dignity. Today, with more jobs, low unemployment, and real wages
rising, America's workers are prospering. Yet, there are many women in
the workforce whose work is not being fully valued.
This year, National Equal Pay Day falls on April 3, the day on which the
typical woman's 1998 earnings, when added to her 1997 wages, will
finally equal what the typical man earned in 1997 alone. In other words,
the typical woman who works full-time earns just 74 cents for each
dollar that the typical man earns. For women of color, the wage gap is
even wider--African American women earn only 63 cents for each dollar
earned by white men, and Hispanic women earn only 53 cents. While women
now hold almost half of all executive and managerial jobs, their wages
are only 70 percent of the average pay of their male counterparts. And,
according to the Department of Labor's Glass Ceiling Commission report,
women in management jobs generally remain at entry-level and mid-level
positions. In part, these differences in treatment exist because of
differing levels of experience, education, and skill. But study after
study shows that, even after legitimate differences are accounted for, a
significant pay gap still persists between men and women in similar
jobs.
Equal pay not only treats women fairly, it benefits us all--particularly
our Nation's families. It empowers women to become more self-sufficient,
reducing the dependence of many families on government assistance. It
also raises women's purchasing power, increases their pensions, and
improves their capacity to save, all of which help to strengthen our
economy.
During the past three decades, our Nation has made a strong commitment
to ensuring that every American is treated with dignity and equality in
the workplace. Legislation such as the Equal Pay Act and Title VII of
the Civil Rights Act has helped us make progress in correcting
discriminatory prac
[[Page 20]]
tices. But we still have a long way to go before the wage gap between
men and women is eliminated. This year, I proposed an additional $43
million for the Equal Employment Opportunity Commission (EEOC) and the
Department of Labor in order to strengthen enforcement of the laws that
prohibit discrimination, including wage discrimination; to encourage
mediation; and to help the EEOC reduce the average time it takes to
resolve private sector complaints. This additional funding will help all
victims of discrimination, including wage discrimination, obtain relief
in a more timely manner. And the Women's Bureau at the Department of
Labor will continue to make resources available through the Fair Pay
Clearinghouse to highlight model pay practices and educate employers
about the practical benefits of assuring equal pay for their employees.
As we observe National Equal Pay Day, I urge businesses and State and
local governments across our Nation to make a solemn commitment to
recognize the value of women's contributions to the workplace and to
reward them appropriately. By doing so, we will help provide opportunity
and promote equality and justice for all.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States of America, do hereby proclaim April 3, 1998,
as National Equal Pay Day. I call upon Government officials, law
enforcement agencies, business leaders, educators, and the American
people to recognize the full value of the skills and contributions of
women in the labor force. I urge all employers to review their wage
practices and to ensure that all their employees, including women, are
paid equitably for their work.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
April, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7078 of April 7, 1998
Education and Sharing Day, U.S.A., 1998
By the President of the United States of America
A Proclamation
As a new century of great promise and possibility approaches, as science
and technology advance at astonishing rates, it is clear that now, more
than ever, education is the key to our children's future.
We should also recognize that education must serve not only as a path to
knowledge, but also as a means to develop the character of our Nation's
youth. When expanding educational opportunities, we must ensure that in
addition to raising academic standards, we emphasize values, personal
responsibility, and community spirit.
A firm believer in nurturing both mind and heart, the Lubavitcher Rebbe,
Rabbi Menachem M. Schneerson, devoted his life to helping young people
[[Page 21]]
realize their potential and become visionary leaders and thinkers, as
well as concerned, caring, and productive citizens. He established more
than 2,000 educational and social institutions in more than 40 States
and nearly 60 countries. He was deeply committed to fostering civic
pride and moral integrity along with professional success.
On this day, as we remember Rabbi Schneerson's achievements, let us
reaffirm our commitment to providing our Nation's children with an
education that will enable them to flourish, both intellectually and
spiritually.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 7, 1998, as
Education and Sharing Day, U.S.A. I invite Government officials,
educators, volunteers, and all of the people of the United States to
observe this day with appropriate activities, programs, and ceremonies.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
April, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7079 of April 9, 1998
National Former Prisoner of War Recognition Day, 1998
By the President of the United States of America
A Proclamation
Engraved on the Korean War Veterans Memorial in Washington, D.C., are
the words ``Freedom Is Not Free.'' Generations of Americans who have
served our Nation in uniform know the truth of this inscription. They
have paid freedom's price by leaving behind their homes, families, and
civilian lives to serve America around the globe. They have paid the
price by suffering injuries and even death. And some have paid the price
for our freedom by sacrificing their own as prisoners of war.
While in captivity, American prisoners of war have served our Nation
with the same valor, pride, honor, and dedication as their comrades on
the battlefield. American POWS have struggled for their freedom, armed
with courage, wits, and an indomitable spirit. Enduring long months or
years of hunger, abuse, torture, isolation, and the dreadful suspense of
not knowing when--or if--they would ever be released, they have remained
true to themselves and to our country.
This year we commemorate the 25th anniversary of Operation Homecoming,
when we finally achieved the release of our prisoners of war from
captivity in Southeast Asia. We also mark the anniversary of Operations
Big Switch and Little Switch some 45 years ago, when Americans held
captive during the Korean War finally came home. As these heroes
returned to the open arms of their families and the grateful hearts of
their fellow Americans, we saw written on their faces their deep love
for our country
[[Page 22]]
and the faith, determination, and sense of honor that had sustained them
through times of unimaginable suffering.
We can never adequately express our gratitude to those who have served
our Nation while prisoners of war or to their families who experienced
such anguish during years of separation. But on this day, and throughout
the year, we can and should pay tribute to these extraordinary American
patriots, thank them for their service and their sacrifice, and honor
them always in our hearts.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 9, 1998, as National
Former Prisoner of War Recognition Day. I call upon all Americans to
join me in remembering former American prisoners of war who suffered the
hardships of enemy captivity. I also call upon Federal, State, and local
government officials and private organizations to observe this day with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of April,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7080 of April 9, 1998
National D.A.R.E. Day, 1998
By the President of the United States of America
A Proclamation
Every child is blessed with infinite potential--potential for loving,
for learning, and for making life better for others. Yet each year
thousands of young people destroy this potential and risk their lives by
using illegal substances. That is why the first goal of my 1998 National
Drug Control Strategy is to educate America's young people on the
dangers of substance abuse and to help them resist the temptations of
drugs, alcohol, and tobacco.
Among our greatest allies in this mission are the parents, teachers,
students, and police officers participating in Drug Abuse Resistance
Education (D.A.R.E.), the largest substance abuse prevention and safety
promotion program in America. This year, millions of children across the
United States will benefit from the D.A.R.E. curriculum. Under the
guidance of specially trained veteran police officers, America's
children from kindergarten through 12th grade learn how to resist peer
pressure and live productive lives free from violence and substance
abuse. The D.A.R.E. program is currently being used in almost 75 percent
of our Nation's school districts and in more than 44 countries around
the world. And because it is so critical that we reach our young people
during their most impressionable years, D.A.R.E. has pledged to expand
into every middle school in our Nation by the year 2001.
[[Page 23]]
Every American should reinforce D.A.R.E.'s efforts by accepting
responsibility to join the fight against drugs and violence. Parents
must set a good example, teach their children right from wrong, and
educate them about the dangers of substance abuse. Young people
themselves must have the courage to reject violence and drugs. And we
must all support our Nation's D.A.R.E. officers in their mission to help
our children reject illegal drugs. It is only by working together that
we can create a brighter future for our children, our communities, and
our Nation.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 9, 1998, as National
D.A.R.E. Day. I call upon our youth, parents, and educators and all
people of the United States to observe this day with appropriate
programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of April,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7081 of April 10, 1998
Pan American Day and Pan American Week, 1998
By the President of the United States of America
A Proclamation
Today, the nations of the Americas stand at the forefront of a promising
new era of exciting growth and global cooperation. Americans north and
south of the equator are communicating, interacting, and trading with
one another more than ever before. All the nations in our hemisphere but
one enjoy freely elected governments that promote human rights, free
enterprise, and sustainable economic development through free trade.
These vibrant democracies continue to seek opportunities to work
together for the security, prosperity, and general welfare of all our
citizens.
In keeping with this spirit of cooperation, the leaders of the 34
American democracies will meet in Santiago, Chile, on April 18 and 19
for the second Summit of the Americas. The United States hosted the
first such summit in Miami in December 1994, and we look forward to
strengthening our involvement in what is becoming a mature partnership
that is fostering increased prosperity and security for our country. We
hope to reach agreements in Santiago that will enhance hemispheric
collaboration in more than 20 areas--including education, economic
integration, democracy, justice, counternarcotics, security, poverty,
and human rights.
This month also marks the 50th anniversary of the founding of the
Organization of American States (OAS), a cornerstone of cooperation in
our hemisphere. The most recent successes of the OAS include agreements
against corruption and illegal firearms trafficking and ratification of
the Washington Protocol, which provides for the suspension from the OAS
of any coun
[[Page 24]]
try whose democracy has been overthrown by force. We applaud the crucial
role the OAS plays in promoting and preserving democracy and human
rights in the Americas. We look forward to its continued success in
multilateral efforts to deepen the roots of democracy in this hemisphere
and create new possibilities for progress in the next millennium.
The peoples of the Americas stand united in a commitment to democratic
values and to increased regional cooperation and understanding. The
partnership among our countries is laying the foundations for lasting
freedom, prosperity, and peace in our hemisphere and bringing to reality
our shared vision of a brighter future.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim Tuesday, April 14, 1998,
as Pan American Day and April 12 through April 18, 1998, as Pan American
Week. I urge the Governors of the 50 States, the Governor of the
Commonwealth of Puerto Rico, and the officials of other areas under the
flag of the United States of America to honor these observances with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of April,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7082 of April 15, 1998
National Recall Round-Up Day, 1998
By the President of the United States of America
A Proclamation
More than 21,000 Americans lose their lives each year in accidents
involving consumer products, and more than 29 million are injured. These
accidents cost our Nation over $200 billion annually, and the cost in
terms of human suffering is immeasurable.
The Consumer Product Safety Commission (CPSC) is on the front line of
the Federal Government's efforts to protect the safety and well-being of
our citizens, especially our children. The CPSC monitors the performance
of more than 15,000 types of consumer products and secures the recall of
those that prove to be defective and potentially hazardous. Last year
alone, the CPSC negotiated 362 recalls involving over 76 million
individual consumer products that presented a significant risk to the
public. But getting dangerous products off store shelves is only the
first step. The real challenge is getting them out of the homes of
people who have already purchased them.
On April 16, the CPSC, in conjunction with State and local governments
and community organizations across the country, will conduct the second
annual Recall Round-Up Day. This initiative is a public safety campaign
to warn Americans that they may still be exposing themselves and their
fami
[[Page 25]]
lies to recalled products that could seriously injure or even kill them.
Despite recalls and safety alerts issued by the CPSC, many of these
hazardous products are still in consumers' homes or can be purchased at
secondhand stores and garage sales.
This year's Recall Round-Up effort will spotlight the dangers associated
with five types of previously recalled consumer products: playpens, bunk
beds, halogen floor lamps, hand-held hair dryers, and lawn darts. The
CPSC encourages government officials, health, safety, and consumer
agencies, community organizations, and the media to alert the American
people--particularly parents and child care providers--to the importance
of repairing, returning, or destroying any of these products if they
have been recalled. I encourage all Americans to make use of this vital
information to protect the safety and health of their families and to
avoid preventable tragedies.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 16, 1998, as
National Recall Round-Up Day. I call upon all Americans to observe this
day by working with safety, health, and consumer agencies and other
appropriate community organizations to organize and conduct local round-
ups of dangerous and defective consumer products and to warn parents,
child care providers, and the general public about the hazards of using
recalled consumer products.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
April, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7083 of April 17, 1998
National Organ and Tissue Donor Awareness Week, 1998
By the President of the United States of America
A Proclamation
On December 1, 1997, 14-year-old Nicole Hadley was killed when a
classmate opened fire inside her high school in Paducah, Kentucky. When
doctors told Gwen and Chuck Hadley that their daughter had no hope for
recovery, her parents remembered that Nicole believed strongly in organ
donation, and in the midst of their own intense grief, the Hadleys made
the courageous decision to honor Nicole's wishes and donate her organs.
This decision helped to save the lives of at least two people and
allowed Nicole's spirit of grace and generosity to live on after her
death.
Thousands of families have made the same selfless decision and have
given the gift of life to someone in need of an organ or tissue
transplantation. Today, approximately 55,000 Americans are on the
national organ transplant waiting list, hoping for a second chance. Yet,
every day, 10 people will die because organs are not available. These
tragic deaths are unneces
[[Page 26]]
sary. Our country has a large number of people who qualify as organ
donors--but many still have not chosen to become donors.
Last year, to help remedy this situation, Vice President Gore, with the
Department of Health and Human Services, launched the National Organ and
Tissue Donation Initiative to increase awareness of the urgent need for
increased donation. We are working to ensure that all Americans know
that by completing and carrying a donor card--and by making their
families aware of their decision to donate--they may give the gift of
life to other Americans or ease their suffering. And families who have
lost their loved ones can gain solace in knowing that they have been
able to bring life and comfort to others. This week, I encourage all
Americans to honor the memory of Nicole Hadley--and the thousands of
other generous people who have donated their organs--by learning more
about the benefits of becoming an organ and tissue donor and by filling
out a donor card.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 19 through April 25,
1998, as National Organ and Tissue Donor Awareness Week. I urge all
health care professionals, educators, the media, public and private
organizations concerned with organ donation and transplantation, the
clergy, and all Americans to join me in promoting greater awareness and
acceptance of this humanitarian action.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
April, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7084 of April 20, 1998
National Crime Victims' Rights Week, 1998
By the President of the United States of America
A Proclamation
Every day, thousands of Americans become victims of crime. Many suffer
physical injury, and most experience emotional scars that may never
fully heal. And all victims of crime, and their families and friends,
often remain troubled by feelings of vulnerability and concerned about
their personal safety.
Five years ago, my Administration made a commitment to take back our
streets from criminals and to combat the crime and violence that affects
so many Americans. With the Crime Act, the Brady Act, the Violence
Against Women Act, and other tough legislation, we have put into action
a comprehensive anticrime strategy that includes community policing,
antigang programs, and strong penalties for criminals.
Our strategy is working. Crime rates across the country are at a 25-year
low. Violent crimes and property crimes have decreased, and the murder
rate is down dramatically. While we can take pride in this progress, we
cannot
[[Page 27]]
afford to become complacent. We must build on the anticrime programs we
have put into place if we are to win the war against crime.
As part of our continuing efforts, this year the Department of Justice
is awarding more than $135 million in grants under the Violence Against
Women program to help State and local authorities reduce domestic
violence, stalking, and sexual assault. These funds will enable
communities to train more police, hire prosecutors, and provide
assistance to the victims of such crimes. Earlier this month, after
thorough study, the Secretary of the Treasury concluded that we should
ban more than 50 kinds of modified assault weapons because they accept
large-capacity military magazines. By keeping these weapons off our
streets and out of the hands of criminals, we will take another crucial
step toward halting the scourge of gun violence that has taken such a
tragic toll on America's children and families.
During National Crime Victims' Rights Week, we call to mind those whose
lives have been so abruptly and often violently changed. This annual
observance is also a powerful reminder of the extraordinary capacity of
our citizens to face adversity and overcome it. Across America, victims
of crime have refused to become victims of a criminal justice system
that too often ignores or compromises their rights while protecting the
rights of criminals.
With courage and determination, crime victims and their dedicated
advocates have succeeded in winning constitutional amendments in 29
States that guarantee such fundamental rights as protection from further
harm, which includes keeping victims and accused criminals in separate
rooms during court proceedings; the right of victims to call upon law
enforcement if they feel they are being harassed or intimidated in
connection with a pending case; and the right to be notified of a
convicted criminal's release from incarceration. And after decades of
advocacy, a proposed Federal constitutional amendment for victims now
lies before the Congress. We have the opportunity--and the
responsibility--to amend the United States Constitution to ensure that
the rights of victims are honored in every court throughout our Nation.
This year, our observance of National Crime Victims' Rights Week
coincides with the anniversary of the 1995 bombing of the Alfred P.
Murrah Federal Building in Oklahoma City. That tragedy brought home to
an entire Nation the extraordinary suffering and grief that can be
rendered by a single, senseless, criminal act. In remembering the many
victims of this brutal crime, let us pledge to sustain our efforts to
reduce violent crime, to provide comfort and support to its victims as
they strive to rebuild their lives, and to keep victims' rights a
primary concern in America's criminal justice system.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 19 through April 25,
1998, as National Crime Victims' Rights Week. I urge all Americans to
remember crime victims and their families by working to reduce violence,
to assist those harmed by crime, and to make our homes and communities
safer places in which to live and raise our families.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
April, in the year of our Lord nineteen hundred and ninety-eight, and
[[Page 28]]
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7085 of April 21, 1998
National Volunteer Week, 1998
By the President of the United States of America
A Proclamation
Volunteers enrich our lives every day with their generosity and
compassion. In recent months, we have witnessed the extraordinary
response of America's volunteers to the plight of those who have
suffered from the severe weather plaguing much of our country. In
communities devastated by mud slides, ice storms, flash floods, or
tornadoes, volunteers have opened their hearts and homes to offer
shelter, hot meals, building materials, and--most important--the hope
and support that people desperately need to begin putting their lives
back together. This spirit of citizen service has deep and strong roots
in America's past, and by nurturing this spirit we can help to ensure a
better future for our Nation.
Just one year ago, at the Presidents' Summit for America's Future in
Philadelphia, I called on all Americans to dedicate their volunteer
efforts to the well-being of our children and to make the social and
educational development of our youngest citizens a national priority.
Thousands of individuals and organizations across America pledged their
support for this effort; and today, we can be proud that more than 93
million Americans are regularly volunteering to help hundreds of
thousands of children in need, serving as leaders, mentors, tutors, and
companions. Through their hard work and generous response, this growing
army of volunteers is making our streets safer, our schools better, our
children healthier, and our future brighter.
We must not only preserve this remarkable spirit of citizen service, but
also expand it. By emulating our Nation's many unsung heroes--from the
12-year-old in California who distributed dolls to disadvantaged
children, to the businessman in New York who created one of our
country's first school-to-work programs--we must strive together to
build a society free from crime, poverty, illiteracy, and hopelessness.
And by making citizen service the shared experience of all Americans, we
can build a sense of common responsibility for our future.
This week and throughout the year, let us salute all those who devote
their time and talents to the betterment of our communities and the
well-being of our children. Let us honor the work of the thousands of
voluntary, civic, religious, school, and neighborhood groups across our
Nation who do so much to serve their fellow Americans and improve the
quality of life for us all. Let us also recognize and support the
efforts of the Corporation for National Service and its programs--
AmeriCorps, Learn and Serve America, and the National Senior Service
Corps--as well as all the organizations, communities, and individuals
who have responded to the Presidents' Summit call to action and are
following through on the work begun there.
[[Page 29]]
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 19 through April 25,
1998, as National Volunteer Week. I call upon all Americans to observe
this week with appropriate programs, ceremonies, and activities to
express appreciation to the countless volunteers among us for their
commitment to service and to encourage the spirit of volunteerism in our
families and communities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
April, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7086 of April 22, 1998
National Park Week, 1998
By the President of the United States of America
A Proclamation
Within our national parks, we find all the rich diversity and
extraordinary beauty of America's natural heritage. From the majestic
Grand Tetons to the mysterious Everglades, our parks preserve for us the
treasures of our magnificent country: the astonishing variety of plant
and animal life, the tranquility of forests and meadows, and the
breathtaking grandeur of our great rivers, deserts, and mountains. Our
national park sites also provide us with vital links to our heritage as
a people and a Nation. They tell us the stories of the individuals,
places, and events that have shaped the American character.
The Statue of Liberty National Monument and Ellis Island are tangible
reminders of the more than 12 million immigrants who came to the United
States through this small gateway to a new world and a new life. For
many Americans, this national park site tells a very personal story of
family struggles and triumphs and of the courage it takes to seek
freedom.
Many African Americans took a different but equally brave route to
freedom. Their story has been preserved for us by the National Park
Service in the many historic sites marking the route of the Underground
Railroad. In homes, churches, and farms in communities throughout Ohio,
Indiana, Pennsylvania, New York, and elsewhere, we can experience the
determination and indomitable spirit of African American men and women
fleeing the bonds of slavery, and we can learn more about the many
heroes like Harriet Tubman who helped them on their dangerous trek north
to freedom.
This summer, our Nation will celebrate the 150th anniversary of the
first Women's Rights Convention in Seneca Falls, New York. That event
will be commemorated at Women's Rights National Historical Park, where
we are reminded that the idea that men and women are created equal was
once considered radical. On this site, visionaries such as Lucretia
Mott, Eliza
[[Page 30]]
beth Cady Stanton, and Frederick Douglass helped our Nation take an
important first step toward legal, political, and educational rights for
American women.
At these and so many other historic places across our Nation, the
National Park Service preserves and protects the American legacy,
reminding us not only of who we are as a people, but also of how far we
have traveled together on our great American journey. Our national parks
are classrooms and laboratories, windows on our past and doorways to our
future. As we celebrate National Park Week, I commend all the talented
and dedicated men and women of the National Park Service for telling the
story of the people and places that have shaped our destiny and for
preserving for our children the riches of our natural and cultural
heritage.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 20 through April 26,
1998, as National Park Week.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of April, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7087 of April 24, 1998
Jewish Heritage Week, 1998
By the President of the United States of America
A Proclamation
America's first Jewish immigrants arrived on our shores from Europe more
than 100 years before the American Revolution. In subsequent decades,
millions more Jewish men and women would follow, fleeing persecution,
pogroms, and the horrors of the Holocaust, seeking a new life of freedom
and opportunity for themselves and their children. While many came here
in poverty, they brought with them the riches of their ancient Jewish
heritage: faith in God; a strong commitment to family and community; a
tradition of service to others; and a deep love of learning and the
arts.
Drawing on these many strengths, Jewish citizens have made extraordinary
contributions to every aspect of American life. Acutely conscious of the
dangers of racism, prejudice, and political oppression, American Jews
have been strong and effective advocates in the cause of social justice.
They have dedicated their energies, talents, and resources to ensure
that our Nation lives up to its promise of equality, making a lasting
impact in the struggle for civil rights, labor reform, and women's
equality. The Jewish philanthropic tradition, dating back to ancient
times, has flourished in America, bringing hope and help to those in
need through numerous Jewish charitable organizations and activities. In
public service and education, in science and medicine, in entertainment,
law, the arts, and many other fields of endeavor, Jewish men and women
strengthen our national commu
[[Page 31]]
nity and uphold the fundamental American ideals of faith, community,
compassion, and responsibility.
Every spring, we set aside this special time to celebrate the many gifts
that American Jews bring to our national life. This year, we also join
with Jews around the world in celebrating the 50th anniversary of the
founding of the modern state of Israel. This milestone is a tribute to
the strength and resilience of the Jewish spirit in the face of great
adversity. Israel's achievements in the past 5 decades of challenge and
conflict continue to inspire all Americans and teach us anew the power
of the human spirit to build reality out of our dreams.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim April 26 through May 3,
1998, as Jewish Heritage Week. I urge all Americans to observe this week
with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of April, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7088 of April 29, 1998
National Day of Prayer, 1998
By the President of the United States of America
A Proclamation
In every era of American history, devout men and women from every nation
have come to our shores seeking the freedom to worship according to
their own conscience. Recognizing the sacredness of this fundamental
human right, our founders wisely guaranteed it in the First Amendment to
the Constitution.
Prayer has always been an integral part of American life. In every city,
town, and rural community across our country, people of every religious
denomination gather to worship according to their faith. In churches,
synagogues, temples, and mosques, Americans come together to pray. We
pray for the health and happiness of loved ones; for inner peace and
peace among nations; and for the wisdom and courage to face the
challenges of the new millennium. And always we raise our voices and
hearts in prayers of thanksgiving for the blessing of freedom.
Just as Americans rely on prayer for strength and renewal in private
life, so do we turn to it at moments of great joy or crisis in our
public life as a Nation. Meeting in Philadelphia to make the momentous
decisions that would ultimately determine the nature and form of
American Government, the Continental Congress began daily deliberations
with a prayer for God's blessings and assistance. In his first inaugural
address, President George Washington also prayed for guidance from the
Almighty as he began the enormous task of leading a new, untried
democracy.
[[Page 32]]
In this century, with America in the throes of the Great Depression and
a world teetering on the brink of war, President Franklin Delano
Roosevelt concluded his first inaugural address with a fervent prayer:
``In this dedication of a Nation we humbly ask the blessing of God. May
He protect each and every one of us. May He guide me in the days to
come.'' And today, as we look ahead to the promise of a new century,
Americans continue to draw strength from the bedrock of faith and
religious freedom upon which our democracy rests.
The Congress, by Public Law 100-307, has called on our citizens to
reaffirm the role of prayer in our society and to honor the religious
diversity our freedom permits by recognizing annually a ``National Day
of Prayer.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim May 7, 1998, as a National Day of Prayer. I
encourage the citizens of this great Nation to pray, each in his or her
own manner, seeking strength from God to face the problems of today,
requesting guidance for the uncertainties of tomorrow, and giving thanks
for the rich blessings that our country has enjoyed throughout our
history.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
April, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7089 of April 30, 1998
Asian/Pacific American Heritage Month, 1998
By the President of the United States of America
A Proclamation
Like millions of others who left their homelands to come to America, the
first Asian and Pacific Island immigrants who arrived here in the 19th
century were seeking a better life than the one they left behind. Many
were poor; many had suffered oppression; but all were strengthened by a
rich culture, an ancient heritage, a belief in freedom's promise, and a
willingness to work for their share of the American Dream.
For many, however, that dream was deferred. These courageous men and
women from Asia and the Pacific Islands were met in America by prejudice
as they strived to make a living and establish a home in their adopted
country.
These brave new Americans would prevail over every hardship. Whether
working in the gold fields of California, laboring on the sugar and
pineapple plantations of Hawaii, constructing the transcontinental
railway, or creating their own businesses, Asian and Pacific Americans
succeeded in building new lives for themselves and their families.
Today, Asian and Pacific Americans are helping to build a vibrant
America. They are leaders in medical and scientific research, in the
halls of Congress, in the classrooms of our educational institutions, in
business, labor,
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the arts, and every other human endeavor. They are building economic and
technological bridges across the Pacific and beyond, which will ensure
America's leadership well into the next millennium. These sons and
daughters of Cambodia, China, Indonesia, India, Japan, Korea, Laos, the
Philippines, Thailand, Vietnam, and so many other Asian and Pacific
lands have enriched our national life and culture with their energy and
talents, with their commitment to family and community, and with their
enduring reverence for freedom.
As we approach the 21st century, Asian and Pacific Americans are playing
an increasingly important role in the life of our Nation, helping us to
maintain our leadership in the global economy. More important, they are
inspiring us to embrace the wider world, to recognize and appreciate the
blessing of our great diversity, and to become one America.
To honor the accomplishments of Asian and Pacific Americans and to
recognize their many contributions to our Nation, the Congress, by
Public Law 102-450, has designated the month of May as ``Asian/Pacific
American Heritage Month.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim May 1998 as Asian/Pacific American Heritage
Month. I call upon the people of the United States to observe this month
with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7090 of May 1, 1998
Law Day, U.S.A., 1998
By the President of the United States of America
A Proclamation
In 1787, when the founders of this great Nation set forth the guiding
principles of our new democracy in the Preamble to the Constitution,
among their primary goals was to ``establish Justice.'' These visionary
American leaders revered the law, understanding that its proper practice
would simultaneously free us and protect us, enabling us to steer a
steady course between the opposing dangers of tyranny and anarchy.
Today, our country, built upon the foundation of equal justice for all,
is renowned throughout the world for legally enshrining fundamental
human rights. Recognizing the importance of law to the life of our
Nation, we set aside one day each year to reflect on our judicial system
and to celebrate both the security and the freedom it guarantees.
Our laws ensure that the rights set forth in the Constitution and its
Amendments are protected in our everyday lives: our right to worship as
we choose, to speak freely, to vote in free elections, to be safe from
arbitrary arrest. Justice for all is central to our democracy, and we
must strive to en
[[Page 34]]
sure that all Americans have equal access to the judicial system.
Unfortunately, each year many of our most vulnerable citizens are denied
the legal assistance they need because they cannot afford it.
I am proud that our Federal Government is making an investment to
address this problem through the work of the Legal Services Corporation
(LSC). For almost 25 years, the LSC has funded local offices that give
our citizens access to the legal help they need to secure child support,
escape domestic violence, or fight unscrupulous lenders. Last year
alone, 4 million poor Americans, the majority of whom were women and
children, were helped by LSC offices.
Without laws, our democracy would wither; without access to our legal
system, there can be no true justice. We must affirm and strengthen our
national legal services system to ensure that all Americans have an
equal opportunity to enjoy the rights and liberties guaranteed in our
Constitution. As we observe Law Day, let us reaffirm our faith in the
rule of law and strive to secure justice for all our people.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, in accordance with Public Law 87-20 of April 7, 1961, do hereby
proclaim May 1, 1998, as Law Day. I urge the people of the United States
to consider anew how our laws protect our freedoms and contribute to our
national well-being. I call upon members of the legal profession, civic
associations, educators, librarians, public officials, and the media to
promote the observance of this day with appropriate programs and
activities. I also call upon public officials to display the flag of the
United States on all government buildings throughout the day.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of May,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7091 of May 1, 1998
Loyalty Day, 1998
By the President of the United States of America
A Proclamation
More than two centuries ago, our Nation's founders, with clear vision
and courageous hearts, fashioned a new form of government for our new
country. They created a government that honors human dignity and
protects individual rights--a democracy strong enough to withstand
external threats, secure enough to allow dissent from within, and
responsive enough to help our citizens achieve their dreams. In doing
so, America's founders created a Nation that inspired loyalty from its
citizens and gave hope to oppressed peoples around the world.
Since then, generations of Americans have reaffirmed their loyalty and
devotion to our country. During times of war, Americans have fought and
died to defend our liberty and promote the ideals of democracy. In times
[[Page 35]]
of peace, we have strived to preserve the rights secured for us in the
Constitution and to ensure that every American enjoys the full
protection of those rights. And throughout the decades, Americans have
strived to build upon the ``more perfect Union'' envisioned by our
country's founders.
On Loyalty Day, as we formally acknowledge our faith in America and in
this great democracy, let us rededicate ourselves to the continuing
quest for a more perfect union. Let us have the courage not only to
recognize our differences, but also to build on the dreams we share and
on the values we hold in common. Let us reaffirm our belief in freedom,
equality, justice, and opportunity for all of our people. And let us
show to all the world that our diversity is a source of lasting strength
and renewal.
The Congress, by Public Law 85-529, has designated May 1 of each year as
``Loyalty Day'' to remind us of the many blessings we enjoy as citizens
of this great land.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim May 1, 1998, as Loyalty Day. I urge all
Americans to recognize the heritage of American freedom, to honor the
memory of those who have served and sacrificed in defense of that
freedom, and to express our loyalty to our Nation through appropriate
patriotic programs, ceremonies, and activities. I also call upon
Government officials to display the flag of the United States in support
of this national observance.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of May,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7092 of May 4, 1998
Older Americans Month, 1998
By the President of the United States of America
A Proclamation
In just over a decade from now, the first of America's 77 million baby
boomers will celebrate their 65th birthdays. Fortunately, visionary
programs like Social Security, Medicare, and the Older Americans Act
will help to make life easier for them as they reach this milestone.
For more than 60 years, Social Security has provided our older citizens
with a measure of economic security. For more than 30 years, Medicare
has given them access to quality health care and the latest in medical
advances. And older Americans in need of greater assistance have been
able to look to programs under the Older Americans Act for the critical
home and community-based care services that have enabled millions of
elderly men and women to live independently. Together, these farsighted
measures have played a major role in dramatically reducing the poverty
rate and extending the longevity of older Americans, allowing our
citizens to grow old with dignity and peace of mind.
[[Page 36]]
This year's Older Americans Month celebration centers around the theme
``Living Longer; Growing Stronger in America.'' As we enter a new
century and address the challenges of an aging America, we must commit
ourselves to the health and welfare of our older Americans and to
protecting and strengthening Medicare and Social Security. One of the
most important achievements of the Balanced Budget Act that I signed
last summer was its unprecedented reform of the Medicare program. This
bipartisan effort extends the life of the Medicare Trust Fund for a
decade, includes new health plan choices, and adds coverage of
preventive benefits. The legislation also established the National
Bipartisan Commission on the Future of Medicare to, among other things,
review and analyze the financial condition of Medicare so that it
remains as strong for our children as it has been for our parents.
We must respond with equal resolve to the increasing strains on the
Social Security system. Now that we have succeeded in dramatically
reducing the Federal budget deficit, I have called on the Congress to
reserve all of the anticipated budget surplus until we have a
comprehensive plan to strengthen Social Security for the 21st century.
We are holding a series of regional conferences throughout the year to
engage in a national discussion on the future of Social Security, both
to raise awareness of the problem and to allow all Americans to
contribute their ideas for a solution. At the end of the year, I will
host a bipartisan White House Conference on Social Security to summarize
the lessons we learn from this dialogue and to map out an effective
strategy that will enable us to ensure that Social Security will be
there for future generations of Americans.
During Older Americans Month--and throughout the year--I encourage all
Americans to pay tribute to our older citizens and to follow their
example by planning for the future. As individuals, we should take care
of our health through proper diet, exercise, and appropriate preventive
care, and we should plan for our future financial security by
participating in retirement and savings programs. As families and
communities, we can help older Americans to remain active and
independent members of our communities. And as a Nation, we must
recognize our obligation to those who will come after us by preserving
and strengthening Medicare and Social Security for the 21st century and
beyond.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 1998 as Older
Americans Month. I call upon Government officials, businesses,
communities, educators, volunteers, and all the people of the United
States to acknowledge the contributions older Americans have made, and
continue to make, to the life of our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of May,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
[[Page 37]]
Proclamation 7093 of May 7, 1998
Mother's Day, 1998
By the President of the United States of America
A Proclamation
Mothers are the heart of our families and the soul of our society. They
are the nurturers of life, our teachers, confidants, counselors, and
lifelong friends. They believe in our dreams and help us to achieve
them. They help us develop the values, self-esteem, strength of
character, and generosity of spirit we need to embrace the wider world
beyond the family. Above all, mothers provide us with the blessing of
their love.
While this special love between mother and child is unchanging, the
challenges of motherhood are not. The role of women in our society has
changed dramatically during the past century. Millions of American women
today pursue full-time careers in addition to carrying out their duties
as parents, balancing family, job, and community responsibilities.
Whether they stay home with their children or become working mothers,
mothers today care for their families and meet the new demands of our
complex society with strength, courage, and quiet selflessness. On
Mother's Day, let us honor all mothers--biological or adoptive, foster
or stepmother--whose unconditional love has strengthened us and whose
many gifts have graced our lives.
The Congress, by a joint resolution approved May 8, 1914 (38 Stat. 770),
has designated the second Sunday in May each year as ``Mother's Day''
and requested the President to call for its appropriate observance.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States
of America, do hereby proclaim May 10, 1998, as Mother's Day. I urge all
Americans to express their love, respect, and appreciation for the
contributions mothers have made to all of us, and I call upon all
citizens to observe this day with appropriate programs, ceremonies, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7094 of May 8, 1998
National Defense Transportation Day and National Transportation Week,
1998
By the President of the United States of America
A Proclamation
America's transportation system is the finest in the world. The web of
streets, highways, bridges, and railroads that crisscross our Nation and
our complex network of shipping lanes and air routes keep us connected
to one
[[Page 38]]
another and the world. They enable us to move people and goods swiftly
and efficiently across the country and around the globe and fuel the
engine of our robust economy. Whether building subways, constructing new
highways, or improving airplane safety, the dedicated and hardworking
men and women of our national transportation system keep America moving.
As we look forward to a new century, we must build on our record of
achievement. As always, our first priority must be the safety of those
who use our Nation's transportation system. We have already made great
progress in improving highway safety--the traffic fatality rate today is
two-and-a-half times less than it was 30 years ago. However, by
increasing seat belt use, ensuring that our children are properly
secured in our vehicles, and lowering the threshold for drunk driving to
a blood alcohol concentration of .08, we can further reduce the number
of traffic accidents and the harm they cause.
We also must strive to keep our Nation's transportation system secure
and our borders safe from terrorists and drug traffickers. Today,
through improved training techniques and advanced technology, we have
increased security at our airports, and programs such as the Coast
Guard's Operation Frontier Shield have helped to seize tons of illegal
drugs and abort numerous drug smuggling attempts.
While recognizing the many benefits we derive from our transportation
system, we also acknowledge the need to use and develop it responsibly
to ensure the protection of our environment. We are making progress in
this goal as well: we have funded many projects to improve transit
services and accommodations for bicyclists and pedestrians; we are
turning historic railroad terminals into multimodal transportation
centers; and funds from transportation programs have helped to support
wetlands restoration projects and have aided communities in planning
both transit projects and sustainable development. We must build on
these efforts by also working to reduce the pollutants and greenhouse
gases that our transportation system creates.
Recognizing the need for safety, security, and environmental stewardship
in America's transportation system, we also must invest in our
transportation infrastructure. Together with the Congress, my
Administration has provided funding for construction projects in
communities across the country, creating 700,000 new transportation-
related jobs in the last 5 years. Our fiscal 1999 budget proposal for
transportation infrastructure is 42 percent higher than the average
level of investment from 1990 to 1993. The 240 trade agreements we have
signed since 1993, including 27 ``open skies'' aviation agreements in
the last 3 years, have opened markets around the world for American
products. America's transportation system will enable us to seize these
unprecedented opportunities for trade and economic growth.
In recognition of the importance of our Nation's transportation system
to our national security and economic success, and in gratitude to the
outstanding men and women who ensure its continued excellence, the
United States Congress, by joint resolution approved May 16, 1957 (36
U.S.C. 160), has designated the third Friday in May of each year as
``National Defense Transportation Day'' and, by joint resolution
approved May 14, 1962 (36 U.S.C. 166), declared that the week in which
that Friday falls be designated ``National Transportation Week.''
[[Page 39]]
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim Friday, May 15, 1998, as National Defense
Transportation Day and May 10 through May 16, 1998, as National
Transportation Week. I urge all Americans to observe these occasions
with appropriate ceremonies and activities, giving due recognition to
the individuals and organizations that build, operate, and maintain this
country's modern transportation systems.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of May,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7095 of May 12, 1998
Peace Officers Memorial Day and Police Week, 1998
By the President of the United States of America
A Proclamation
This week a grateful Nation pauses to honor the more than half a million
dedicated law enforcement officers across our country who put their
lives on the line each day to protect us. These courageous and dedicated
men and women daily wage the timeless battle for right over wrong, peace
over conflict, and the rule of law over anarchy.
We ask a great deal of our Federal, State, and local police officers. We
ask them to stand between us and the forces of violence and chaos. We
ask them to protect our homes and property and to save our lives at the
risk of their own. We ask them to patrol our highways and our borders,
to keep our children safe from drug dealers and gang leaders, and to
bring to justice the murderers, terrorists, rapists, and other criminals
who prey on our society. We lean heavily on this thin blue line, and it
never breaks.
Last year, in carrying out their awesome responsibilities, 158 law
enforcement officers lost their lives--and the lives of their families
and friends were changed forever. After several years of decreased
violence against our law enforcement community, we face the sobering
reality that police officer fatalities rose 27 percent during 1997.
As we honor these heroes--those who still live and work among us, and
those who have made the ultimate sacrifice for our well-being--let us
reaffirm our efforts to end the violence that has taken such a heavy
toll on our Nation's law enforcement community. Let us work to ensure
that America's police officers have the training, resources, manpower,
and community support they need to carry out the crucial
responsibilities with which we charge them. In this way we can best
honor the service and sacrifice of the thousands of fallen police
officers whose memory we honor and whose devotion to duty has earned our
respect and lasting gratitude.
By a joint resolution approved October 1, 1962 (76 Stat. 676), the
Congress has authorized and requested the President to designate May 15
of each year as ``Peace Officers Memorial Day'' and the week in which it
falls as
[[Page 40]]
``Police Week,'' and, by Public Law 103-322 (36 U.S.C. 175), has
directed that the flag be flown at half-staff on Peace Officers Memorial
Day.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim May 15, 1998, as Peace Officers Memorial Day
and May 10 through May 16, 1998, as Police Week. I call upon the people
of the United States to observe these occasions with appropriate
ceremonies, programs, and activities. I also request the Governors of
the United States and of the Commonwealth of Puerto Rico, as well as the
appropriate officials of all units of government, to direct that the
flag of the United States be flown at half-staff on Peace Officers
Memorial Day on all buildings, grounds, and naval vessels throughout the
United States and all areas under its jurisdiction and control. I also
invite all Americans to display the flag at half-staff from their homes
on that day.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of May,
in the year of our Lord nineteen hundred and ninety-eight, and of the
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7096 of May 14, 1998
National Safe Boating Week, 1998
By the President of the United States of America
A Proclamation
Recreational boating is one of our Nation's most popular and most
rewarding pastimes. Blessed with an abundance of scenic rivers, lakes,
streams, and coastal waters, our country is a haven for people who love
the water. More than 78 million Americans take to the water each year
with family and friends to appreciate nature, relax, and simply escape
from the cares of the day. However, while boating can be a wonderful
recreational activity, it can also be dangerous for the unprepared.
Tragically, more than 700 Americans die each year in boating-related
accidents. In most cases, human error and poor judgment are to blame.
Drinking or taking drugs while operating a boat, ignoring safe
navigation rules, and failing to wear a life preserver are all examples
of poor judgment that can lead to loss of life. The U.S. Coast Guard
estimates that last year alone, 80 percent of boating-related fatalities
could have been prevented had life jackets been worn. So, the theme of
this year's Safe Boating Week, ``Boat Smart from the Start! Wear Your
Life Jacket,'' is truly a matter of life and death. I encourage all
Americans to wear life preservers every time they are on the water--this
simple precaution can save hundreds of lives each year.
The National Safe Boating Council, the U.S. Coast Guard, other Federal
agencies, State and local governments, and many recreational boating
organizations actively promote boating safety and work to save lives on
the water. However, it is ultimately up to each individual to take
responsibility for his or her own safety and for the safety of friends
and family. This year, during National Safe Boating Week, I urge all
Americans who use our Na
[[Page 41]]
tion's waterways to practice safe boating and to educate others about
the importance of wearing life jackets, abstaining from drugs and
alcohol, and following safe navigation rules. Together we can save lives
and ensure that boating remains an enjoyable activity--for ourselves and
for our loved ones.
In recognition of the importance of safe boating practices, the
Congress, by joint resolution approved June 4, 1958 (36 U.S.C. 161), as
amended, has authorized and requested the President to proclaim annually
the seven-day period prior to Memorial Day as ``National Safe Boating
Week.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim May 16 through May 22, 1998, as National
Safe Boating Week. I encourage the Governors of the 50 States and the
Commonwealth of Puerto Rico, and officials of other areas subject to the
jurisdiction of the United States, to join in observing this occasion
and to urge all Americans to practice safe boating not only during this
week, but also throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7097 of May 15, 1998
World Trade Week, 1998
By the President of the United States of America
A Proclamation
The American economy is experiencing its longest period of sustained
growth in more than a generation, with more than 15 million new jobs,
the lowest unemployment rate since 1970, and the lowest inflation rate
in more than 30 years. Much of this economic expansion can be attributed
to our overseas trade. Today, America is the world's leading exporter.
Our exports sustain 12 million jobs--jobs that on average, pay more than
jobs not tied to exports. The extraordinary vigor of America's economy
reflects the 1998 theme of World Trade Week: ``Exporting Pays Off.''
Our unparalleled capacity to develop and market high-technology products
and processes has given us a strong competitive edge in the
international marketplace in everything from aerospace to agriculture.
Americans have led the world into the Information Age, and we are poised
to lead it into an exciting new era of electronic commerce. Also central
to our success in the global economy has been our ability to open
foreign markets for American goods and services. During the past 5
years, my Administration has negotiated more than 240 new trade
agreements and strengthened efforts to eliminate unfair trading
practices in order to help American workers and businesses compete in an
international arena that is open and fair and where trade rules are
enforced.
[[Page 42]]
To keep America growing, and to maintain our leadership in the global
economy, we must expand our exports. We must sustain our advantage in
information and other technologies by creating a business climate that
encourages investment, by continuing our support of education and
research in basic science and technology, and by ensuring that American
workers are the best-educated and best-trained work force in the world.
The Bureau of Labor Statistics estimates that we will need more than a
million new high-skilled workers during the next 10 years to power the
information technology field. We must provide working Americans with the
skills and training they need to seize these promising employment
opportunities.
Our exports and our economic strength depend upon our access to an open,
stable, and growing world market. The nations of the world are becoming
increasingly intertwined in a global economy. We must continue our
efforts to remove foreign barriers to American goods and services, to
open new markets, and to keep them open. This week, I will travel to
Geneva, Switzerland and address the World Trade Organization to
underline just how important free and open trade is to our future
prosperity. Fast-track trade authority has been a crucial tool in this
endeavor in the past, and it will become increasingly important to our
ability to compete in the future with other countries for new markets,
new contracts, and new jobs. This traditional trading authority will
empower us to negotiate pro-growth, pro-American trade agreements that
will maintain the momentum of our economy and ensure that American
workers and American businesses can compete on a level playing field
with the rest of the world.
America's leadership in building an open, fair world trade system is
paying off in rewards for entrepreneurial initiative, higher wages for
working Americans, incentives for technological advances and artistic
creation, and prosperity for our Nation. By embracing the challenges of
competing in the global marketplace in the 21st century, we can ensure
continued growth for American businesses, prosperity for working
Americans, and a brighter future for us all.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 17 through May 23,
1998, as World Trade Week. I invite the people of the United States to
observe this week with ceremonies, activities, and programs that
celebrate the potential of international trade.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
May, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
[[Page 43]]
Proclamation 7098 of May 21, 1998
National Maritime Day, 1998
By the President of the United States of America
A Proclamation
The United States is and has always been a maritime Nation. Our history
is tied to the sea--from the Santa Maria to the Mayflower, from clipper
ships to ocean liners, from the Liberty Ships of World War II to the
huge, efficient containerships of the 1990s--and our development as a
Nation has paralleled the growth of our waterborne commerce.
As we look forward to the challenges of the 21st century, we continue to
rely on our Nation's maritime industry and the U.S. Merchant Marine to
keep America competitive in an increasingly global economy. Ships and
barges carry more than one billion tons of commercial cargo annually
between ports within our Nation. Internationally, more than 95 percent
of our imports and exports by weight are transported on water--a total
of more than one billion metric tons of cargo each year.
We also depend on America's maritime industry and Merchant Marine to
fill a crucial role in protecting our national interests and the
security of our allies. Throughout our history, in times of conflict or
crisis, the owners, operators, and crews of U.S.-flag commercial vessels
have provided vital sealift capability in support of our Armed Forces,
advancing defense, peacekeeping, and humanitarian missions across the
globe.
Our maritime industry has made many important contributions to the
economic strength and defense capability of our Nation, and my
Administration has worked with the Congress to implement new approaches
to ensure the industry's continued viability. Our National Shipbuilding
Initiatives are helping to improve the competitiveness of America's
maritime industry by seeking to eliminate foreign subsidies, assisting
the industry's international marketing efforts, eliminating unnecessary
government regulations, and enhancing private sector financing of
shipbuilding through Federal loan guarantees. Under the Maritime
Security Program, the Federal Government contracts with owners and
operators of U.S.-flag vessels to supplement our military sealift
capability and gains access to a fleet of modern commercial ships and
the sophisticated intermodal transportation system that supports it.
Together, these programs protect our Nation's economic interests and our
national security by ensuring that U.S.-flag vessels will always sail in
the sea lanes of the world.
In recognition of the importance of the U.S. Merchant Marine, the
Congress, by a joint resolution approved May 20, 1933, has designated
May 22 as ``National Maritime Day'' and has authorized and requested the
President to issue annually a proclamation calling for its appropriate
observance.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim May 22, 1998, as National Maritime Day. I
urge all Americans to observe this day with appropriate programs,
ceremonies, and activities and by displaying the flag of the United
States at their homes and in their communities. I also request that all
ships sailing under the American flag dress ship on that day.
[[Page 44]]
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
May, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7099 of May 22, 1998
Prayer for Peace, Memorial Day, 1998
By the President of the United States of America
A Proclamation
Today Americans live in a time of great hope. Our Nation is free,
prosperous, and at peace. While very real dangers and problems still
exist in the world, the Cold War is over, democracy is sweeping the
globe, and old adversaries are forming new partnerships.
But the blessings we enjoy today are not the happy accidents of history;
they are the culmination of promises kept by generations of young
Americans and paid for by their courage and sacrifice. The promise of
freedom articulated in our Declaration of Independence was made real by
a ragtag army of brave Americans who were prepared to die for their
convictions. The promise of unity was kept during the Civil War by
thousands of Americans, black and white, who were willing to fight to
preserve our Union. The promise of democracy was kept by the hundreds of
thousands of Americans who fought and died in World War I, World War II,
Korea, Vietnam, and the Persian Gulf. On home soil and in foreign lands,
lost at sea or brought down from the skies, our young men and women in
uniform have given their lives to keep their promise to America: to
defend our freedom, to preserve our values, and to advance the ideals of
democracy.
On this Memorial Day, we, too, have promises to keep. We remember and
honor all those gallant Americans who, in the eloquent words of
President Lincoln, ``gave the last full measure of devotion'' for the
well-being of our Nation and their fellow citizens. We express our
profound sympathy and gratitude to the families who have lost their sons
and daughters in service to America. We promise to keep faith with all
those who have died for our country by remaining vigilant in our defense
of freedom and democracy. And we promise always to work for permanent
peace in the world so that a new generation of Americans will never have
to know the horrors of war.
In respect and recognition of the courageous men and women to whom we
pay tribute, the Congress, by joint resolution approved on May 11, 1950
(64 Stat. 158), has requested the President to issue a proclamation
calling upon the people of the United States to observe each Memorial
Day as a day of prayer for permanent peace and designating a period on
that day when the American people might unite in prayer.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim Memorial Day, May 25, 1998, as a day of
prayer for permanent peace, and I designate the hour beginning at 3:00
p.m. EDT of that day as a time to join in prayer. I urge the press,
[[Page 45]]
radio, television, and all other information media to take part in this
observance.
I also request the Governors of the United States and the Commonwealth
of Puerto Rico, and the appropriate officials of all units of
government, to direct that the flag be flown at half-staff during this
Memorial Day on all buildings, grounds, and naval vessels throughout the
United States and in all areas under its jurisdiction and control, and I
request the people of the United States to display the flag at half-
staff from their homes for the customary forenoon period.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of May, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7100 of May 29, 1998
Death of Barry M. Goldwater
By the President of the United States of America
A Proclamation
As a mark of respect for the memory of Barry M. Goldwater, former
Senator from the State of Arizona, I hereby order, by the authority
vested in me as President by the Constitution and the laws of the United
States of America, that the flag of the United States shall be flown at
half-staff upon all public buildings and grounds, at all military posts
and naval stations, and on all naval vessels of the Federal Government
in the District of Columbia and throughout the United States and its
Territories and possessions on Wednesday, June 3, 1998. I also direct
that the flag shall be flown at half-staff on that day at all United
States embassies, legations, consular offices, and other facilities
abroad, including all military facilities and naval vessels and
stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
May, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7101 of May 29, 1998
National Alternative Fuels Week, 1998
By the President of the United States of America
A Proclamation
In today's robust and growing economy, the United States faces major
challenges in meeting the ever-increasing demand for transportation
goods and
[[Page 46]]
services while minimizing the adverse impact on our energy resources,
environment, and future prosperity.
Today's American transportation system remains enormously dependent on
oil. Highway transportation alone accounts for more than half of our
Nation's oil demand, and the number of vehicles and miles driven on our
roads is steadily increasing. Transportation is the second largest
contributor to U.S. greenhouse gas emissions and will likely be the most
significant contributor by the year 2000.
Fortunately, vehicles that are powered by alternatives to conventional
gasoline and diesel fuels are already on the market, and domestically
produced, renewable alternative fuels are readily available to American
consumers. These alternative fuels--such as ethanol, methanol, natural
gas, propane, electricity, and biodiesel--can make significant
contributions to our energy security and environmental quality. By
increasing the use of alternative fuel vehicles (AFVs), we can reduce
our demand for imported oil, create new products, jobs, and businesses,
and improve air quality by dramatically reducing carbon dioxide
emissions as well as the hydrocarbons, nitrogen oxides, and particulate
matter that are such major contributors to urban air pollution.
More than 350,000 AFVs are already on the road in the 60 communities
participating in the Department of Energy's Clean Cities Program. This
program is fostering the development of AFV markets in a network of
cities across the country through partnerships among fuel suppliers,
vehicle fleet operators, Federal, State, and local governments, and
private sector organizations. Through the efforts of program
participants, we are moving closer to our goal of building a
transportation system for our Nation that meets the energy, economic,
and environmental needs of Americans today and of generations yet to
come.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 31 through June 6,
1998, as National Alternative Fuels Week. I call upon all Americans to
observe this week with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
May, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7102 of May 29, 1998
Small Business Week, 1998
By the President of the United States of America
A Proclamation
Our great Nation is renowned worldwide as the land of opportunity.
Americans are dedicated to bettering their lives, pursuing the American
Dream with entrepreneurial spirit and ingenuity.
[[Page 47]]
Small business owners across our country are among the true heroes of
our great American success story. We owe much of today's prosperity to
our Nation's 23.6 million small businesses. Small businesses represent
99.7 percent of all employers, account for 47 percent of all sales in
the country, employ 53 percent of the private work force, and are
responsible for more than half of the private gross domestic product.
New business formation reached another record level in 1997, with
884,609 new employer firms--the highest ever, and a 5-percent increase
over the last record set in 1996.
Recognizing the extraordinary contributions of small businesses to the
strength and continuing growth of our economy, my Administration has
worked hard to implement policies and programs designed to help small
businesses develop and expand. We are directing tax relief to more small
businesses, expanding access to capital, supporting innovation,
providing regulatory relief, opening overseas markets to entrepreneurs,
and strengthening America's work force through investments in education,
training, and better benefits.
The U.S. Small Business Administration plays a key role in my
Administration's efforts to help Americans start, build, and grow their
small businesses into the 21st century. Since the end of fiscal year
1992, the SBA extended or guaranteed more than $48 billion in loans to
small businesses, more than in the previous 12 years combined. The SBA's
current portfolio guarantees $29 billion in loans to 200,000 small
business owners who otherwise would not have access to capital.
Realizing the enormous potential of today's revolution in technology, we
are leading the world in the development of electronic commerce and in
using the Internet to help advance small business opportunities.
As Americans observe Small Business Week, let us pay tribute to the
hundreds of thousands of small business owners across our Nation whose
energy, innovative spirit, and faith in our system of free enterprise
have done so much to generate the unprecedented prosperity and growth we
enjoy today.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim May 31 through June 6,
1998, as Small Business Week. I call upon Government officials and all
the people of the United States to observe this week with appropriate
ceremonies, activities, and programs that celebrate the achievements of
small business owners and encourage the development of new enterprises.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
May, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
[[Page 48]]
Proclamation 7103 of May 30, 1998
To Facilitate Positive Adjustment to Competition From Imports of Wheat
Gluten
By the President of the United States of America
A Proclamation
1. On March 18, 1998, the United States International Trade Commission
(USITC) transmitted to the President a unanimous affirmative
determination in its investigation under section 202 of the Trade Act of
1974, as amended (the ``Trade Act'')(19 U.S.C. 2252), with respect to
imports of wheat gluten provided for in subheadings 1109.00.10 and
1109.00.90 of the Harmonized Tariff Schedule of the United States
(``HTS''). Under section 202 of the Trade Act, the USITC determined that
such wheat gluten is being imported into the United States in such
increased quantities as to be a substantial cause of serious injury to
the domestic industry producing a like or directly competitive article.
Further, the USITC, pursuant to section 311(a) of the North American
Free Trade Agreement Implementation Act (``NAFTA Implementation Act'')
(19 U.S.C. 3371(a)), made negative findings with respect to imports of
wheat gluten from Canada and Mexico. The USITC also transmitted its
recommendation made pursuant to section 202(e) of the Trade Act with
respect to the action that would address the serious injury to the
domestic industry and be most effective in facilitating the efforts of
the domestic industry to make a positive adjustment to import
competition.
2. Pursuant to section 203 of the Trade Act (19 U.S.C. 2253), and taking
into account the considerations specified in section 203(a)(2) of the
Trade Act, I have determined to implement action of a type described in
section 203(a)(3). Such action shall take the form of quantitative
limitations on imports of wheat gluten, provided for in HTS subheadings
1109.00.10 and 1109.00.90, imposed for a period of 3 years plus one day,
with annual increases in such quota limits of six percent in the second
year and in the third year. Except for products of Canada, Mexico,
Israel, beneficiary countries under the Caribbean Basin Economic
Recovery Act (CBERA) and the Andean Trade Preference Act (ATPA), and
other developing countries that have accounted for a minor share of
wheat gluten imports, which shall be excluded from any restriction, such
quantitative limitations shall apply to imports from all countries and
the quota quantity shall be allocated among such countries. Pursuant to
section 203(a)(1)(A) of the Trade Act (19 U.S.C. 2253(a)(1)(A)), I have
further determined that these actions will facilitate efforts by the
domestic industry to make a positive adjustment to import competition
and provide greater economic and social benefits than costs.
3. Section 604 of the Trade Act, as amended (19 U.S.C. 2483), authorizes
the President to embody in the HTS the substance of the relevant
provisions of that Act, and of other acts affecting import treatment,
and actions thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to sections
[[Page 49]]
203 and 604 of the Trade Act, and section 301 of title 3, United States
Code, do proclaim that:
(1) In order to establish quantitative limitations for wheat gluten
classified in HTS subheadings 1109.00.10 and 1109.00.90, subchapter III
of chapter 99 of the HTS is modified as provided in the Annex to this
proclamation.
(2) Wheat gluten that is the product of Canada, of Mexico, of Israel, of
beneficiary countries under the CBERA and the ATPA, and of developing
countries listed in general note 4(a) to the HTS shall be excluded from
the quantitative limitations established by this proclamation, and such
imports shall not be counted toward such limitations for any quota
period created herein.
(3) In the event that a quota quantity established by this proclamation
and allocated to a country or to ``other countries'' is significantly
underutilized, the United States Trade Representative is authorized to
reallocate all or part of the unfilled portion of such quota quantity to
any other country or countries and, upon publication of notice in the
Federal Register, to modify the HTS provisions created by the Annex to
this proclamation to reflect any such reallocation.
(4) Any provisions of previous proclamations and Executive orders that
are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
(5) The modifications to the HTS made by this proclamation, including
the Annex hereto, shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after 12:01 a.m. EDT on
June 1, 1998, and shall continue in effect as provided in the Annex to
this proclamation, unless such actions are earlier expressly modified or
terminated.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
May, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
ANNEX
Modifications to the Harmonized Tariff Schedule of the United States
Effective with respect to goods entered, or withdrawn from warehouse for
consumption, on or after June 1, 1998, subchapter III of chapter 99 of
the Harmonized Tariff Schedule of the United States is modified by
inserting in numerical sequence the following new U.S. note, subheadings
and superior text thereto, with the language inserted in the columns
entitled ``Heading/Subheading'', ``Article Description'', and ``Quota
Quantity'', and upon the close of June 1, 2002, these provisions and
superior text shall be deleted from the HTS:
[[Page 50]]
`` 7. For purposes of subheadings 9903.11.05,
9903.11.06, and 9903.11.07, the term: ''European
Community'' means Austria, Belgium, Denmark,
Finland, France, the Federal Republic of
Germany, Greece, Ireland, Italy, Luxemburg, the
Netherlands, Portugal, Spain, Sweden, and the
United Kingdom.''
Wheat gluten, whether or not dried, except
products of Canada, of Mexico, of Israel, of
beneficiary countries under the Caribbean Basin
Economic Recovery Act (as enumerated in general
note 7 to this schedule) or of the Andean Trade
Preference Act (as enumerated in general note 11
to this schedule), or of countries enumerated in
general note 4(a) to this schedule as that note
existed on June 1, 1998 (provided for in
subheadings 1109.00.10 and 1109.00.90):
9903.11.05 If entered during the period from June 1, 1998,
through May 31, 1999, inclusive, in the
respective aggregate quantity of goods the
product of a foreign country specified below,
after which no wheat gluten the product of
such country may be entered during the
remainder of such period:
Australia.................................... 28,315,000 kg
European Community........................... 24,513,000 kg
Other countries.............................. 4,693,000 kg
9903.11.06 If entered during the period from June 1, 1999,
through May 31, 2000, inclusive, in the
respective aggregate quantity of goods the
product of a foreign country specified below,
after which no wheat gluten the product of
such country may be entered during the
remainder of such period:
Australia.................................... 30,014,000 kg
European Community........................... 25,983,000 kg
Other countries.............................. 4,975,000 kg
9903.11.07 If entered during the period from June 1, 2000,
through June 1, 2001, inclusive, in the
respective aggregate quantity of goods the
product of a foreign country specified below,
after which no wheat gluten the product of
such country may be entered during the
remainder of such period:
Australia.................................... 31,814,000 kg
European Community........................... 27,543,000 kg
Other countries.............................. 5,273,000 kg``
[[Page 51]]
Proclamation 7104 of June 5, 1998
National Homeownership Week, 1998
By the President of the United States of America
A Proclamation
Homeownership has always been the foundation of the American Dream.
Generations of Americans have worked hard and set aside their savings so
that they might enjoy the security and stability of owning their own
home. The partnership forged between the Federal Government and the
private sector during this century has succeeded in bringing that dream
closer to reality for all our citizens.
The National Housing Act, which President Franklin Roosevelt signed into
law more than 60 years ago, made homeownership available to millions of
families who previously could not have afforded to buy their own homes.
The G.I. Bill of Rights extended the opportunity of homeownership to a
whole new generation of Americans, enabling millions of our service men
and women to start a new life in their own homes.
Building on this legacy, in 1995 I convened the National Partners in
Homeownership--a coalition of 139 community-based local partnerships and
65 national groups representing the housing industry, lenders, nonprofit
organizations, and all sectors of government--to dramatically increase
homeownership opportunity in America. And my Administration's economic
strategy to reduce the deficit, invest in our people, and open foreign
markets has led to lower mortgage rates, more jobs, and higher family
incomes. Thanks to the success of our strategy and the efforts of the
National Partners in Homeownership, we now have the highest
homeownership rate in America's history.
Our Nation's commitment to homeownership has brought us extraordinary
rewards, invigorating the construction and related industries, creating
new jobs, and enhancing our prosperity. The next generation of American
homes will also improve our environment. The new partnership I recently
launched with America's building industry--the Partnership for Advancing
Technology in Housing--will dramatically improve the energy efficiency
of new homes, reducing the greenhouse gases that cause global warming
and cutting homeowners' energy bills. Most important, homeownership has
encouraged millions of Americans to save and invest, to take pride in
their neighborhoods, and to take an active, responsible role in the life
of their communities.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim June 7 through June 13,
1998, as National Homeownership Week. I urge all Americans to observe
this week with appropriate programs, ceremonies, and activities that
celebrate the rewards of homeownership.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of June,
in the year of our Lord nineteen hundred and ninety-eight, and of the
[[Page 52]]
Independence of the United States of America the two hundred and twenty-
second.
WILLIAM J. CLINTON
Proclamation 7105 of June 12, 1998
Flag Day and National Flag Week, 1998
By the President of the United States of America
A Proclamation
Our country has undergone enormous change since the Continental Congress
first adopted the Stars and Stripes as the official Flag of the United
States of America in 1777. The new country that struggled for 7 long
years to win independence from Great Britain is today the most powerful
Nation on Earth. The 13 original colonies huddled close to the Atlantic
coast of North America have grown into 50 States, stretching across the
continent to the Pacific coast and beyond. From a population of less
than 3 million, we have grown to more than 269 million people whose
differences in race, religion, cultural traditions, and ethnic
background have made us one of the most diverse countries in the world.
Throughout these two centuries of remarkable growth and change, the
Stars and Stripes has remained the proud symbol of our fundamental
unity. Across the generations, our flag has united Americans in the
quest for freedom and peace. Our soldiers first followed it into battle
at Brandywine in 1777, and today our Armed Forces carry it on
peacekeeping and humanitarian missions around the globe. The American
flag accompanied Lewis and Clark on their historic journey of
exploration in the early 19th century, and last year Pathfinder carried
the image of the Stars and Stripes to the distant landscape of Mars. In
schoolyards, on public buildings, and displayed on the front porches of
homes across America, our flag is an enduring reminder of the hopes,
dreams, and values we all share as Americans, and of the sacrifices so
many have made to keep it flying above a Nation that is strong, secure,
and free.
Like America, our flag was fashioned to accommodate change without
altering its fundamental design. The red and white stripes have remained
constant, reminding us of our roots in the 13 colonies. The white stars
on a field of blue, shifting in pattern as new States have joined the
Union, celebrate our capacity for change. The challenge we have faced in
the past and will confront in the 21st century is the same challenge
woven into the American flag--to respond creatively to new possibilities
while remaining true to our basic ideals of freedom, justice, and human
dignity. As we celebrate Flag Day and Flag Week, let us reaffirm our
reverence for the American flag, the bright banner that has uplifted the
hearts and inspired the finest efforts of Americans for more than 200
years. It has been the symbol of and companion on our American journey
thus far, and it will continue to lead us as we embrace the promise of
the future.
To commemorate the adoption of our flag, the Congress, by joint
resolution approved August 3, 1949 (63 Stat. 492), designated June 14 of
each year as ``Flag Day'' and requested the President to issue an annual
proclamation
[[Page 53]]
calling for its observance and for the display of the Flag of the United
States on all Federal Government buildings. The Congress also requested
the President, by joint resolution approved June 9, 1966 (80 Stat. 194),
to issue annually a proclamation designating the week in which June 14
falls as ``National Flag Week'' and calling upon all citizens of the
United States to display the flag during that week.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim June 14, 1998, as Flag Day and the week
beginning June 14, 1998, as National Flag Week. I direct the appropriate
officials to display the flag on all Federal Government buildings during
that week, and I urge all Americans to observe Flag Day and National
Flag Week by flying the Stars and Stripes from their homes and other
suitable places.
I also call upon the people of the United States to observe with pride
and all due ceremony those days from Flag Day through Independence Day,
also set aside by the Congress (89 Stat. 211), as a time to honor our
Nation, to celebrate our heritage in public gatherings and activities,
and to publicly recite the Pledge of Allegiance to the Flag of the
United States of America.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
June, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7106 of June 17, 1998
Father's Day, 1998
By the President of the United States of America
A Proclamation
Fathers hold us close and lift us up in so many ways throughout our
lives. Devoted fathers work day in and day out, not only to help provide
their families with food, clothing, education, and a good home, but also
to give their children the values, guidance, encouragement, and self-
esteem to make the most of their lives. With careful planning and many
quiet sacrifices, fathers seek to give their children the freedom to
dream and the opportunity to make those dreams a reality. Across our
Nation, at piano recitals and basketball games, at science fairs and
high school graduations, proud fathers rejoice at the achievements of
their sons and daughters.
In today's complex and changing society, fathers have taken on new roles
and additional responsibilities within their homes, balancing the varied
demands of work and family. They are nurturers as well as providers,
confidants and best friends as well as heroes and role models. They
teach their children how to read, how to drive, and how to live. And,
like generations of fathers who came before them, they build a strong
foundation of love that enables their sons and daughters to stand
taller, see farther, and reach higher. On Father's Day, let us thank the
biological fathers, stepfathers, foster fathers, and adoptive fathers
across America whose love graces their children's lives and whose
character strengthens our Nation.
[[Page 54]]
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, in accordance with a joint resolution of the Congress approved
April 24, 1972 (36 U.S.C. 142a), do hereby proclaim Sunday, June 21,
1998, as Father's Day. I invite the States, communities across the
country, and all the citizens of the United States to observe this day
with appropriate ceremonies and activities that demonstrate our deep
appreciation and abiding love for our fathers.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
June, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
Proclamation 7107 of June 30, 1998
To Modify Duty-Free Treatment Under the Generalized System of
Preferences
By the President of the United States of America
A Proclamation
1. Pursuant to sections 501, 503(a)(1)(A), and 503(c)(1) of title V of
the Trade Act of 1974, as amended (``the 1974 Act'') (19 U.S.C. 2461,
2463(a)(1)(A), and 2463(c)(1)), as amended, the President may designate
or withdraw designation of specified articles provided for in the
Harmonized Tariff Schedule of the United States (HTS) as eligible for
preferential tariff treatment under the Generalized System of
Preferences (GSP) when imported from designated beneficiary developing
countries.
2. Pursuant to section 503(c)(2)(A) of the 1974 Act (19 U.S.C.
2463(c)(2)(A)), beneficiary developing countries, except those
designated as least-developed beneficiary developing countries pursuant
to section 503(c)(2)(D) of the 1974 Act (19 U.S.C. 2463(c)(2)(D)), are
subject to competitive need limitations on the preferential treatment
afforded under the GSP to eligible articles.
3. Pursuant to section 503(c)(2)(C) of the 1974 Act (19 U.S.C.
2463(c)(2)(C)), a country that is no longer treated as a beneficiary
developing country with respect to an eligible article may be
redesignated as a beneficiary developing country with respect to such
article if imports of such article from such country did not exceed the
competitive need limitations in section 503(c)(2)(A) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)), during the preceding calendar year.
4. Pursuant to section 503(c)(2)(F) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)), the President may disregard the competitive need
limitation provided in section 503(c)(2)(A)(i)(II) of the 1974 Act (19
U.S.C. 2463(c)(2)(A)(i)(II)) with respect to any eligible article if the
aggregate appraised value of the imports of such article into the United
States during the preceding calendar year does not exceed the applicable
amount set forth in section 503(c)(2)(F)(ii) of the 1974 Act (19 U.S.C.
2463(c)(2)(F)(ii)).
[[Page 55]]
5. Pursuant to section 503(d) of the 1974 Act (19 U.S.C. 2463(d)), the
President may waive the application of the competitive need limitations
in section 503(c)(2)(A) with respect to any eligible article of any
beneficiary developing country if certain conditions are met.
6. Section 507(2) of the 1974 Act (19 U.S.C. 2467(2)) provides that in
the case of an association of countries which is a free trade area or
customs union, or which is contributing to comprehensive regional
economic integration among its members through appropriate means,
including, but not limited to, the reduction of duties, the President
may provide that all members of such association other than members
which are barred from designation under section 502(b) of the 1974 Act
(19 U.S.C. 2462(b)) shall be treated as one country for purposes of
title V of the 1974 Act.
7. Pursuant to sections 501 and 503(a)(1)(A) of the 1974 Act, and after
receiving advice from the International Trade Commission in accordance
with section 503(e), I have determined to designate certain articles,
previously designated under section 503(a)(1)(B), as eligible articles
from additional beneficiary developing countries. In order to do so, it
is necessary to subdivide and amend the nomenclature of existing
subheadings of the HTS. For certain articles, I have decided that the
effective date of designation shall be determined by the United States
Trade Representative (USTR).
8. Pursuant to section 503(c)(1) of the 1974 Act, I have determined to
limit the application of duty-free treatment accorded to certain
articles from certain beneficiary developing countries.
9. Pursuant to section 503(c)(2)(A) of the 1974 Act, I have determined
that certain beneficiary developing countries should not receive
preferential tariff treatment under the GSP with respect to certain
eligible articles imported in quantities that exceed the applicable
competitive need limitation.
10. Pursuant to section 503(c)(2)(C) of the 1974 Act, I have determined
that certain countries should be redesignated as beneficiary developing
countries with respect to certain eligible articles that previously had
been imported in quantities exceeding the competitive need limitations
of section 503(c)(2)(A).
11. Pursuant to section 503(c)(2)(F) of the 1974 Act, I have determined
that the competitive need limitation provided in section
503(c)(2)(A)(i)(II) should be waived with respect to certain eligible
articles from certain beneficiary developing countries. For certain
articles, I have decided that the effective date of the waiver shall be
determined by the USTR.
12. Pursuant to section 503(d) of the 1974 Act, I have determined that
the competitive need limitations of section 503(c)(2)(A) should be
waived with respect to certain eligible articles from certain
beneficiary developing countries. I have received the advice of the
International Trade Commission on whether any industries in the United
States are likely to be adversely affected by such waivers, and I have
determined, based on that advice and on the considerations described in
sections 501 and 502(c), that such waivers are in the national economic
interest of the United States. For a certain article, I have decided
that the effective date of the waiver shall be determined by the USTR.
13. Pursuant to section 507(2) of the 1974 Act, I have determined that
members of the West African Economic and Monetary Union (WAEMU) should
be treated as one country for purposes of title V of the 1974 Act.
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14. Pursuant to section 507(2) of the 1974 Act, I have determined that
members of the Southern African Development Community (SADC) should be
treated as one country for purposes of title V of the 1974 Act. The USTR
shall determine which specific members of the SADC are to be included in
the designation under section 507(2) of the 1974 Act and shall determine
the effective date or dates of the designation. The USTR shall announce
by publication in the Federal Register the specific SADC members to be
included in the designation and the effective date or dates.
15. Pursuant to section 507(2) of the 1974 Act, I have determined that
members of the Tripartite Commission for East African Cooperation (EAC)
should be treated as one country for purposes of title V of the 1974
Act. The USTR shall determine which specific members of the EAC are to
be included in the designation under section 507(2) of the 1974 Act and
shall determine the effective date or dates of the designation. The USTR
shall announce by publication in the Federal Register the specific EAC
members to be included in the designation and the effective date or
dates.
16. Section 604 of the 1974 Act, as amended (19 U.S.C. 2483), authorizes
the President to embody in the HTS the substance of the relevant
provisions of that Act, and of other acts affecting import treatment,
and actions thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States of America, including but not limited to
title V and section 604 of the 1974 Act, do proclaim that:
(1) In order to provide that one or more countries that have not
been treated as beneficiary developing countries with respect to one or
more eligible articles should be designated as beneficiary developing
countries with respect to such article or articles for purposes of the
GSP, and that one or more countries should not be treated as beneficiary
developing countries with respect to one or more eligible articles for
purposes of the GSP, general note 4 to the HTS is modified as provided
in section A of Annex I and section A of Annex IV to this proclamation.
(2) In order to designate certain articles, previously designated
under section 503(a)(1)(B), as eligible articles from additional
beneficiary developing countries, the HTS is modified by amending and
subdividing the nomenclature of existing HTS subheadings as provided in
section B of Annex I to this proclamation.
(3)(a) In order to designate certain articles as eligible articles
for purposes of the GSP when imported from any beneficiary developing
country, the Rates of Duty 1-Special subcolumn for certain HTS
subheadings is modified as provided in section C(1) of Annex I and
section B of Annex IV to this proclamation.
(b) In order to designate certain articles, previously designated
under section 503(a)(1)(B), as eligible articles from additional
beneficiary developing countries, the Rates of Duty 1-Special subcolumn
for the HTS subheadings enumerated in section C(2) of Annex I to this
proclamation is modified as provided in such section.
(c) In order to provide preferential tariff treatment under the
GSP to beneficiary developing countries that have been excluded from the
benefits
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of the GSP for certain eligible articles, the Rates of Duty 1-Special
subcolumn for each of the HTS subheadings enumerated in section C(3) of
Annex I to this proclamation is modified as provided in such section.
(d) In order to provide that one or more countries should not be
treated as a beneficiary developing country with respect to certain
eligible articles for purposes of the GSP, the Rates of Duty 1-Special
subcolumn for each of the HTS subheadings enumerated in section C(4) of
Annex I to this proclamation is modified as provided in such section.
(4) A waiver of the application of section 503(c)(2)(A) of the 1974
Act shall apply to the eligible articles in the HTS subheadings and to
the beneficiary developing countries set forth in Annex II and in
section C of Annex IV to this proclamation.
(5) In order to provide for the continuation of previously
proclaimed staged reductions of duties in the Rates of Duty 1-General
subcolumn for goods that fall in the HTS subheadings modified by section
B of Annex I to this proclamation and that are entered, or withdrawn
from warehouse for consumption, on or after the dates specified in
section A of Annex III to this proclamation, the rate of duty in the HTS
set forth in such subcolumn for each of the HTS subheadings enumerated
in section A of Annex III to this proclamation is deleted and the rate
of duty provided in such section is inserted in lieu thereof.
(6) In order to provide for the continuation of previously
proclaimed staged reductions of duties in the Rates of Duty 1-Special
subcolumn for certain goods of Mexico that fall in the HTS subheadings
modified by section B of Annex I to this proclamation and effective with
respect to goods of Mexico under the terms of general note 12 to the HTS
that are entered, or withdrawn from warehouse for consumption, on or
after the dates specified in section B of Annex III to this
proclamation, the rate of duty in the HTS set forth in such subcolumn
followed by the symbol ``MX'' in parentheses for each of the HTS
subheadings enumerated in section B of Annex III to this proclamation is
deleted and the rate of duty provided in such section is inserted in
lieu thereof.
(7) In order to reflect in the HTS the decision that members of the
WAEMU should be treated as one country for purposes of title V of the
1974 Act, and to enumerate the member countries, general note 4(a) to
the HTS is modified as provided in Annex V to this proclamation.
(8) In order to reflect in the HTS the decision that members of the
SADC should be treated as one country for purposes of title V of the
1974 Act, and to enumerate those member countries that should benefit
from such designation, general note 4(a) to the HTS is to be modified as
set forth in a notice or notices that the USTR shall cause to be
published in the Federal Register. Such notice or notices should direct
the insertion in general note 4(a) of the title of the association and
the names of those member countries that should be treated as one
country for purposes of title V of the 1974 Act, and should specify the
effective date of such designation.
(9) In order to reflect in the HTS the decision that members of the
EAC should be treated as one country for purposes of title V of the 1974
Act, and to enumerate those member countries that should benefit from
such designation, general note 4(a) to the HTS is to be modified as set
forth in a notice or notices that the USTR shall cause to be published
in the Fed
[[Page 58]]
eral Register. Such notice or notices should direct the insertion in
general note 4(a) of the title of the association and the names of those
member countries that should be treated as one country for purposes of
title V of the 1974 Act, and should specify the effective date of such
designation.
(10) Any provisions of previous proclamations and Executive orders
that are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
(11)(a) The modifications made by Annex I to this proclamation shall
be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after July 1, 1998.
(b) The action taken in Annex II to this proclamation shall be
effective on the date of signature of this proclamation.
(c) The modifications made by Annex III to this proclamation shall
be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after the dates set forth in such
Annex.
(d) The modifications made by Annex IV to this proclamation shall
be effective with respect to articles entered, or withdrawn from
warehouse for consumption, on or after a date to be announced in the
Federal Register by the USTR.
(e) The modification made by Annex V to this proclamation shall be
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the date of signature of this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
June, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-second.
WILLIAM J. CLINTON
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Proclamation 7108 of July 13, 1998
50th Anniversary of the Integration of the Armed Services, 1998
By the President of the United States of America
A Proclamation
On July 26, 1948, with the stroke of a pen, President Harry Truman
changed the course of American history. By signing Executive Order 9981,
``Establishing the President's Committee on Equality of Treatment and
Opportunity in the Armed Services,'' he officially declared that ``there
shall be equality of treatment and opportunity for all persons in the
armed services without regard to race, color, religion or national
origin.'' His action reflected the growing realization by more and more
Americans that our Nation could no longer reconcile segregation with the
values we had fought a war to uphold.
The United States had emerged from World War II with a new understanding
of the importance of racial and ethnic diversity to our Nation's
strength and unity. Nazi racism and the horrors of the concentration
camps shocked Americans and revealed the true dangers of prejudice and
discrimination. Hundreds of thousands of our fellow citizens from many
different ethnic and racial backgrounds served and sacrificed in the
war. The valor of segregated African American soldiers--from the
Tuskegee Airmen and the 761st Tank Battalion to individuals like General
Benjamin O. Davis and General Daniel ``Chappie'' James--could not be
ignored. These heroes risked their lives for our country overseas, and
yet still faced discrimination here at home. By signing Executive Order
9981, President Truman set America on the path to right this wrong.
We have come a long way in the subsequent 50 years, and the United
States Armed Forces have been in the vanguard of our crusade to abolish
discrimination in our society. Today our men and women in uniform
represent so many aspects of the diversity that has made our Nation
great, and they have proved that different people, sharing the same
values, can work together as a mighty force for peace and freedom at
home and around the world. We still have much to accomplish in our
journey to become a society that respects our differences, celebrates
our diversity, and unites around our shared values, but we should
proudly mark the milestones on that journey and rejoice in the progress
we have made thus far.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim July 26, 1998, as the 50th
Anniversary of the Integration of the Armed Services. I call upon all
Americans to observe this day with appropriate programs, ceremonies, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this thirteenth day of
July, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
[[Page 65]]
Proclamation 7109 of July 20, 1998
Captive Nations Week, 1998
By the President of the United States of America
A Proclamation
Freedom, dignity, equality, and justice: these are words sacred to the
American people. They define our lives as citizens of a democratic
Nation, and they sum up our hopes for all the peoples of the world. More
than 2 centuries ago, our founders articulated these fundamental human
rights in the Declaration of Independence, proclaiming the truth of
human dignity and the idea that governments derive their power and
legitimacy from the consent of the people they serve. We reaffirmed
these convictions with the ratification of our Constitution and the Bill
of Rights. And 50 years ago, more than four dozen nations joined us in
championing these rights and liberties across the globe by adopting the
Universal Declaration of Human Rights, which the United Nations General
Assembly passed unanimously in December of 1948.
Over the course of the last half-century, the Universal Declaration's
call to ``expand the circle of full human dignity to all people'' has
been a wellspring of inspiration. The Declaration has served as a
framework for laws, constitutions, and other important efforts to
safeguard basic liberties, as well as a yardstick for measuring
progress. However, while democracy continues to grow and flourish around
the world and millions enjoy fundamental human rights unencumbered by
tyranny or restraint, the shadow of oppression still lingers.
The last decade has seen a remarkable transformation. The courage,
strength, and determination of men and women struggling for liberty have
changed the political landscape of the world. Democracy has blossomed
and deepened its roots in many countries, particularly in Central and
Eastern Europe and the nations of the former Soviet Union. But, the
process of building democracy and strengthening civil society in these
nations is far from complete. Moreover, there are countries in Europe
and elsewhere where democracy is actively being undermined by
authoritarian rule and disrespect for the rule of law. In these regions
around the world, people are denied the right to worship freely, speak
their thoughts openly, or live without fear of sudden arrest, arbitrary
imprisonment, or brutal treatment. The rulers of these captive nations,
in denying the tide of freedom rising across the globe, have positioned
themselves on the wrong side of history.
This year marks the 40th observance of Captive Nations Week. For four
decades these proclamations have served to express America's solidarity
with people suffering under communist and other oppressive rule around
the world. It is important that we continue to mark this annual
observance as a reminder that building and nurturing democracy is an
enduring struggle while there are still people in various parts of the
world who are captives of tyranny.
The Congress, by Joint Resolution approved July 17, 1959 (73 Stat. 212),
has authorized and requested the President to issue a proclamation
designating the third week in July of each year as ``Captive Nations
Week.''
[[Page 66]]
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim July 19 through July 25, 1998, as Captive
Nations Week. I call upon the people of the United States to observe
this week with appropriate ceremonies and activities and to rededicate
ourselves to supporting the cause of freedom, human rights, and self-
determination for all the peoples of the world.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
July, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7110 of July 24, 1998
National Korean War Veterans Armistice Day, 1998
By the President of the United States of America
A Proclamation
In 1950, the thoughts of most Americans were far from war. With the
recent end of World War II and economic recovery in full swing, the
American people had resumed their everyday lives--going back to school,
starting new jobs, and raising their families. But the tenor of the
times changed suddenly and dramatically that summer, as communist North
Korea crossed the 38th Parallel to invade its free neighbor to the
south.
Once again, the world watched to see if the right of self-determination
would prevail in the face of aggression, and once again Americans
answered the call to serve. A United Nations force--spearheaded by U.S.
air, sea, and ground troops and under a unified command headed by the
United States--rushed to the support of South Korea. In the following 38
months, Inchon, the Chosin Reservoir, the Yalu River, and a hundred
other locales indelibly etched into the memory of our Korean War
veterans were added to the long list of places where Americans have
fought and died for freedom. The fighting was brutal; the toll in
injuries, lives lost, and those missing in action was heavy. But
American forces, fighting side by side with South Koreans and our U.N.
allies, halted communist aggression, preserved the Republic of Korea,
and won a victory for democratic peoples everywhere.
Yet, for many years, these important achievements and the extraordinary
courage and sacrifice of our forces in Korea received little
recognition. For too long, overshadowed by the broad dimensions of World
War II and the complexities of the Vietnam War, the Korean conflict
seemed to be America's forgotten victory.
But in 1995, with the dedication of the Korean War Veterans Memorial in
our Nation's capital, America finally paid fitting tribute to those
brave Americans whose devotion to duty wrote a crucial chapter in
freedom's history and whose valor and determination in battle laid the
foundation for our Nation's ultimate triumph in the Cold War. With its
haunting column of determined troops, the Memorial has the power to
evoke strong memo
[[Page 67]]
ries within those who served. But it serves another enduring purpose: to
teach future generations about America's heroes, the depth of their
sacrifice, and the historic contributions they made to the cause of
peace and freedom.
The Congress, by Public Law 104-19 (36 U.S.C. 169m), has designated July
27, 1998, as ``National Korean War Veterans Armistice Day'' and has
authorized and requested the President to issue a proclamation in
observance of this day.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim July 27, 1998, as National Korean War
Veterans Armistice Day. I call upon all Americans to observe this day
with appropriate ceremonies and activities that honor and give thanks to
our distinguished Korean War veterans. I also ask Federal departments
and agencies, interested groups, organizations, and individuals to fly
the flag of the United States at half-staff on July 27, 1998, in memory
of the Americans who died as a result of their service in Korea.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of July, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7111 of July 24, 1998
Parents' Day, 1998
By the President of the United States of America
A Proclamation
Parents play a central role in the life of our society and our Nation.
They are a link with the past, teaching our children the history and
values of our individual families and of our national community. They
are the stewards of the future, shaping the hearts and minds of the next
generation of leaders, thinkers, and workers.
Being a good parent means much more than protecting our children from
harm. It means teaching our children how to love and how to learn; it
means working to give them the opportunities they need to make the most
of their lives; it means fostering their self-esteem and independent
spirit so they can make their own contributions to our world. Being a
parent is a challenge, a privilege, and a lifelong commitment.
My Administration has worked hard to help parents raise happy, healthy
children. With the Family and Medical Leave Act, we gave working parents
up to 12 weeks of leave to care for a family member in need. We
protected family incomes through an increase in the minimum wage,
expansion of the Earned Income Tax Credit, and the new Child Tax Credit.
We stood up for reliable health insurance with the Kennedy-Kassebaum law
and improved childhood immunization, with our new Children's Health
Insurance Program. We opened the doors of higher education to more
families by making student loans less expensive and easier to repay and
by providing
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new tax credits and larger Pell Grant scholarships. We have proposed an
historic initiative to ensure that parents have access to quality,
affordable child care for their children. I pledge to continue
supporting these types of effective programs and legislation so that
America's parents have the tools they need to give their children a
strong start in life.
Too often in the rush of daily existence, we fail to remember or
acknowledge the many blessings we enjoy because of the love of our
parents. On Parents' Day, we have an opportunity to express our profound
appreciation to our own parents, to remember with love and gratitude
those who are no longer with us, and to pay tribute to the millions of
men and women across our Nation whose devotion as parents strengthens
our society and forms the foundation of a bright future for America.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States and consistent with Public Law 103-362, do
hereby proclaim Sunday, July 26, 1998, as Parents' Day. I invite the
States, communities, and the people of the United States to join
together in observing this day with appropriate ceremonies and
activities to honor our Nation's parents.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of July, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7112 of July 30, 1998
Designation of American Heritage Rivers
By the President of the United States of America
A Proclamation
In celebration of America's rivers, and to recognize and reward
grassroots efforts to restore them, last year I announced the American
Heritage Rivers initiative. My goal was to help communities realize
their visions for their rivers by making it easier for them to tap
existing programs and resources of the Federal Government. From across
the country, hundreds of communities answered my call for nominations,
asking that their rivers be designated American Heritage Rivers. I
applaud all of the communities that have drawn together and dedicated
themselves to the goal of healthy rivers, now and forever.
Having reviewed the recommendations of the American Heritage Rivers
Initiative Advisory Committee, I am pleased to be able to recognize a
select group of rivers and communities that reflect the true diversity
and splendor of America's natural endowment, and the tremendous energy
and commitment of its citizenry.
Pursuant to Executive Orders 13061, 13080, and 13093, I hereby designate
the following American Heritage Rivers:
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The Blackstone and Woonasquatucket Rivers, in the States of
Massachusetts and Rhode Island;
The Connecticut River, in the States of Connecticut,
Massachusetts, New Hampshire, and Vermont;
The Cuyahoga River, in the State of Ohio;
The Detroit River, in the State of Michigan;
The Hanalei River, in the State of Hawaii;
The Hudson River, in the State of New York;
The Upper Mississippi River, in the States of Illinois,
Iowa, Minnesota, Missouri, and Wisconsin;
The Lower Mississippi River, in the States of Louisiana and
Tennessee;
The New River, in the States of North Carolina, Virginia,
and West Virginia;
The Rio Grande, in the State of Texas;
The Potomac River, in the District of Columbia and the
States of Maryland, Pennsylvania, Virginia, and West Virginia;
The St. Johns River, in the State of Florida;
The Upper Susquehanna and Lackawanna Rivers, in the State
of Pennsylvania;
The Willamette River, in the State of Oregon.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
July, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7113 of July 31, 1998
To Implement an Accelerated Schedule of Duty Elimination Under the North
American Free Trade Agreement
By the President of the United States of America
A Proclamation
1. On December 17, 1992, the Governments of Canada, Mexico, and the
United States of America entered into the North American Free Trade
Agreement (``the NAFTA''). The NAFTA was approved by the Congress in
section 101(a) of the North American Free Trade Agreement Implementation
Act (``the NAFTA Implementation Act'') (19 U.S.C. 3311(a)) and was
implemented with respect to the United States by Presidential
Proclamation 6641 of December 15, 1993.
2. Section 201(b) of the NAFTA Implementation Act (19 U.S.C. 3331(b))
authorizes the President, subject to the consultation and layover
requirements
[[Page 70]]
of section 103(a) of the NAFTA Implementation Act (19 U.S.C. 3313(a)),
to proclaim accelerated schedules for duty elimination that the United
States may agree to with Mexico or Canada. Consistent with Article
302(3) of the NAFTA, I, through my duly empowered representative,
entered into an agreement with the Government of Mexico and the
Government of Canada, dated July 27, 1998, providing for an accelerated
schedule of duty elimination for specific goods of Mexico. The
consultation and layover requirements of section 103(a) of the NAFTA
Implementation Act with respect to such schedule of duty elimination
have been satisfied.
3. Pursuant to section 201(b) of the NAFTA Implementation Act, I have
determined that the modifications hereinafter proclaimed of duties on
goods originating in the territory of a NAFTA party are necessary or
appropriate to (i) maintain the general level of reciprocal and mutually
advantageous concessions with respect to Canada and Mexico provided for
by the NAFTA and (ii) to carry out the agreement with Canada and Mexico
providing an accelerated schedule of duty elimination for specific
goods.
4. Section 604 of the Trade Act of 1974, as amended (19 U.S.C. 2483)
(``the Trade Act''), authorizes the President to embody in the
Harmonized Tariff Schedule of the United States (``the HTS'') the
substance of the relevant provisions of acts affecting import treatment,
and actions thereunder, including the removal, modification,
continuance, or imposition of any rate of duty or other import
restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including but not limited to section
201(b) of the NAFTA Implementation Act and section 604 of the Trade Act,
do proclaim that:
(1) In order to provide for an accelerated schedule of duty
elimination for specific goods, the tariff treatment set forth in the
HTS for certain NAFTA originating goods is modified as provided in the
Annex to this proclamation.
(2) Any provisions of previous proclamations and Executive orders
that are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
(3) The amendments made to the HTS by the Annex to this proclamation
shall be effective with respect to goods entered, or withdrawn from
warehouse for consumption, on or after August 1, 1998.
IN WITNESS WHEREOF, I have hereunto set my hand this thirty-first day of
July, in the year of our Lord nineteen hundred and ninety-eight, and of
the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
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Proclamation 7114 of August 5, 1998
Designating Klondike Gold Rush International Historical Park
By the President of the United States of America
A Proclamation
A century ago, the Klondike Gold Rush began a migration that forever
changed Alaska and the Yukon Territory. More than 100,000 people headed
north during 1897 and 1898, catapulting a little-known region from
obscurity to the center of the world stage. While the Klondike was not
the first or largest western gold rush, coming nearly 50 years after the
1848 gold discovery at Sutter's Mill, California, it is remembered for
the sheer drama by which it was announced to the world and for its
century-long influence on Alaska and the upper Yukon River basin.
The United States and Canada have been engaged for 30 years in joint
planning and cooperation to commemorate the Klondike Gold Rush and
preserve historic structures and trails on both sides of the
international boundary. In 1976, the Government of the United States
established Klondike Gold Rush National Historical Park, consisting of a
Seattle unit, a Skagway unit, a Chilkoot Pass unit, and a White Pass
unit, to preserve the historic structures and trails. The Government of
Canada has recognized the national significance of the Chilkoot Trail
and Dawson Historical Complex by designating them as National Historic
Sites. It has also designated a section of the Yukon River as a Canadian
Heritage River and taken other steps to commemorate the rich history of
this region.
It is the desire of the United States to join our Canadian neighbors in
celebrating our shared history on the occasion of the centennial of the
Klondike Gold Rush and to reaffirm the commitment of the United States
to continuing the joint efforts of both nations to preserve our shared
Klondike history.
In 1996, Canadian Prime Minister Jean Chretien proclaimed that, ``the
governments of Canada and the United States and of Yukon and Alaska in a
long-standing spirit of cooperation have agreed to establish the
Klondike Gold Rush International Historic Park, incorporating the
resources of the Chilkoot Trail National Historic Site in British
Columbia and the Klondike Gold Rush National Historical Park in Alaska .
. .''
Section 3(a) of U.S. Public Law 94-323 states, ``At such time . . . that
planning, development, and protection of the adjacent or related
historic and scenic resources in Canada have been accomplished by the
Government of Canada in a manner consistent with the purposes for which
the park was established, and upon enactment of a provision similar to
this section by the proper authority of the Canadian Government, the
President is authorized to issue a proclamation designating and
including the park as a part of an international historical park to be
known as Klondike Gold Rush International Historical Park.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by section 3(a) of
Public Law 94-323 of June 30, 1976, do proclaim that Klondike Gold Rush
National Historical Park is designated and included as part of an
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international historical park to be known as Klondike Gold Rush
International Historical Park.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of
August, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7115 of August 7, 1998
Victims of the Bombing Incidents in Africa
By the President of the United States of America
A Proclamation
As a mark of respect for those killed in the bombing incidents outside
the United States embassies in Nairobi, Kenya, and Dar es Salaam,
Tanzania, I hereby order, by the authority vested in me as President of
the United States of America by section 175 of title 36 of the United
States Code, that the flag of the United States shall be flown at half-
staff at the White House and upon all public buildings and grounds, at
all military posts and naval stations, and on all naval vessels of the
Federal Government in the District of Columbia and throughout the United
States and its Territories and possessions until sunset, Sunday, August
9, 1998. I also direct that the flag shall be flown at half-staff for
the same length of time at all United States embassies, legations,
consular offices, and other facilities abroad, including all military
facilities and naval vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
August, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7116 of August 20, 1998
Women's Equality Day, 1998
By the President of the United States of America
A Proclamation
Since the earliest days of our democracy, Americans have taken great
pride and found great purpose in our pursuit of equality. It is a right
for which many have bravely struggled and the ideal that challenges us
even today to build a more perfect union and to forge a future in which
our children know no boundaries to their dreams. Each year, on Women's
Equality Day, we rededicate ourselves to the pursuit of full equality
for women and girls in our society.
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This year, as we reflect on the magnificent journey and the
extraordinary heroines and heroes of the women's rights movement in
America, we celebrate the 150th anniversary of the first women's rights
convention, which took place in Seneca Falls, New York, in 1848 and set
our Nation on a course toward equality. It was at this historic
gathering that pioneers such as Elizabeth Cady Stanton, Lucretia Mott,
Mary Ann McClintock, and Frederick Douglass signed the Declaration of
Sentiments--a document unequivocally affirming that all men and women
are created equal. Encouraged by the truth of their convictions, these
determined women and men set out to make equality for women a reality in
America.
In the decades following the convention at Seneca Falls, many of the
rights expressed in the prophetic Declaration of Sentiments became law.
The ratification of the 19th Amendment to the Constitution secured a
woman's right to vote; the passage of the Civil Rights Act of 1964
barred employment discrimination; and the enactment of Title IX of the
Education Amendments of 1972 guaranteed equal opportunity in education
and sports.
This year, we recognize another milestone on the road to women's
equality: the 35th anniversary of the enactment of the Equal Pay Act,
which for the first time in our Nation's history guaranteed equal pay to
women who perform the same jobs as men. Only a generation ago, a woman
could legally be paid less for her time and talent solely because of her
gender. Today, we realize that the denial of equal pay not only unfairly
limits a woman's ability to provide for her family's economic security,
but also diminishes her dignity by belittling the value of her labor.
While we have made progress in closing this pay gap in the 35 years
since the enactment of the Equal Pay Act, women today continue to make
less than men for the same work--earning 76 cents for every dollar paid
to a man. As we celebrate the Equal Pay Act's anniversary, we must
reaffirm our commitment to making equal pay for equal work a reality in
the workplace. My Administration supports new proposed legislation that
will close the pay gap completely, strengthen enforcement of the Equal
Pay Act, and toughen penalties for violations.
My Administration is striving to ensure women's equality in other areas
of our society. We have dramatically increased the funding for research,
prevention, and treatment of diseases that predominantly affect women.
Through the Family and Medical Leave Act that I signed and our proposed
child care initiative, we are working to help women balance their
responsibilities at home and on the job. During the past 5 years, the
Small Business Administration has tripled loans to women-owned
businesses, and we have strengthened enforcement of Title IX to ensure
that education programs, activities, and institutions receiving Federal
funds do not discriminate on the basis of gender.
On Women's Equality Day, as we look back on what we have accomplished,
we also recognize how far we have to go before we complete the journey
that began so long ago. As women continue to distinguish themselves in
boardrooms, classrooms, courtrooms, and family rooms across America, we
must renew our efforts to empower all women with the rights and
opportunities promised by our founders and fought for by the heroic
women and men whose achievements we honor today.
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NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim August 26, 1998, as
Women's Equality Day. I call upon the citizens of our great Nation to
observe this day with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
August, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7117 of August 25, 1998
Death of Lewis F. Powell, Jr.
By the President of the United States of America
A Proclamation
As a mark of respect for the memory of Lewis F. Powell, Jr., retired
Associate Justice of the Supreme Court of the United States, I hereby
order, by the authority vested in me as President by the Constitution
and laws of the United States of America, that the flag of the United
States shall be flown at half-staff on the day of his interment. On such
day the flag shall be flown at half-staff until sunset upon all public
buildings and grounds, at all military posts and naval stations, and on
all naval vessels of the Federal Government in the District of Columbia
and throughout the United States and its Territories and possessions;
and at all United States embassies, legations, consular offices, and
other facilities abroad, including all military facilities and naval
vessels and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
August, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7118 of September 9, 1998
America Goes Back to School, 1998
By the President of the United States of America
A Proclamation
Across America, millions of children are beginning a new school year
with a sense of excitement and anticipation, taking another important
step toward their future. As caring parents and responsible citizens, we
must work together to nurture their love of learning and to ensure that
the education they receive provides them with the knowledge and skills
they need to succeed in the 21st century.
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The Partnership for Family Involvement in Education is taking a
leadership role in this important endeavor. The partners in this effort
include the Department of Education and more than 4,000 schools,
colleges, and universities; community, cultural, and religious groups;
businesses; elected officials; policymakers; and the men and women of
our Armed Forces. They have pledged to support our initiative, entitled
``America Goes Back to School: Get Involved! Stay Involved!'' Across the
country, the Partnership is working to encourage family and community
involvement in children's learning and to create innovative solutions to
education issues at the grassroots level.
I have set ambitious goals for America's educational system, and we must
pursue them with vigor if we are to prepare our Nation for the
challenges and possibilities of the next century. We must have strong
standards of achievement and discipline and well-trained, dedicated
teachers in every classroom. We must work to reduce class size so all
our children get the individual attention they need, especially in the
critical early grades. We must build new schools, modernize existing
ones, and expand public school choice by strengthening Federal support
for charter schools. We must bring computers, communications technology,
and the latest educational software into the classroom so that every
American student is technologically literate and can take advantage of
today's information revolution.
My Administration is also committed to making our schools safe and
orderly places where teachers can teach and children can learn. With the
Safe and Drug-Free Schools program, we have supported schools and
communities that offer antitruancy, curfew, school uniform, and dress
code policies. We have strictly enforced the policy of zero tolerance
for guns. Last year alone, more than 6,000 students had guns taken from
them and were sent home. This month, we will begin distributing a
guide--Early Warning, Timely Response: A Guide to Safe Schools--to help
all schools prevent violence before it starts. At my direction, the
Secretary of Education and the Attorney General developed this guide to
help school officials recognize and respond to the early signs of
student violence. Later this fall, we will hold the first ever White
House Conference on School Safety to develop effective strategies to
keep our schools safe, disciplined, and drug-free.
My Administration also supports legislative initiatives that encourage
literacy and learning at every age--from expanding the Head Start
program for preschoolers to providing trained reading tutors to
elementary school children to offering college aid for low-income
students. We are working with the Congress to fund the Administration's
proposal to strengthen teacher training programs and provide
scholarships to 35,000 well-prepared teachers who commit to teaching in
underserved urban or rural schools.
The quality of America's educational system will determine the shape of
our children's future and the success of our Nation. As America's
students go back to school this year, let us renew our commitment to
ensuring that the doors of every classroom open onto a future bright
with possibility for every child.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 6
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through September 12, 1998, as a time when America Goes Back to School.
I encourage parents, schools, community and State leaders, businesses,
civic and religious organizations, and the people of the United States
to observe this week with appropriate ceremonies and activities
expressing support for high academic standards and meaningful
involvement in schools and colleges and the students and families they
serve.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7119 of September 10, 1998
Minority Enterprise Development Week, 1998
By the President of the United States of America
A Proclamation
America's free enterprise system has always been a path to inclusion and
empowerment. Under this system, generations of Americans have built good
lives for themselves and their families--rising as high as their skills,
effort, and determination can take them. But for minority entrepreneurs,
the path has not always been free of obstacles. Sometimes held back by
economic, social, and educational disadvantages, too often denied
opportunities because of racial and ethnic prejudice, many minority men
and women have had to struggle for equal access to the capital, tools,
training, and services they need to build and maintain successful
businesses.
My Administration remains committed to providing opportunities for all
entrepreneurs, and we are determined to ensure the full inclusion of
minority business enterprises in the economic mainstream of our Nation.
The Minority Business Development Agency at the Department of Commerce
continues to promote minority business growth and to create new
initiatives to ensure that minority business men and women have access
to the capital, information, and training they need to compete in
today's domestic and global markets. Last year, the Small Business
Administration (SBA) made a record $2.6 billion in loans to more than
10,000 minority-owned businesses; over the last 4 years, loans to
minority borrowers have nearly tripled. And earlier this year, the SBA
entered into partnership agreements with three leading minority business
organizations as part of a 3-year outreach initiative. This initiative
is designed to increase dramatically the SBA's financial, technical, and
procurement assistance for minority entrepreneurs. These efforts will
help to ensure that America's growing number of minority entrepreneurs
are equipped to succeed.
Strong and successful minority enterprises benefit us all. The goods and
services produced by minority-owned firms create jobs, spark community
reinvestment and neighborhood pride, and increase America's
productivity. With their imagination, innovative spirit, and willingness
to take risks, minority entrepreneurs have made important contributions
to the remarkable growth of our economy during the past 5 years. Since
the beginning of my
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Administration, we have created more than 16 million new jobs and
unemployment has reached its lowest level in 30 years. But to sustain
and build on this success, we must utilize the energy and creativity of
every American.
As we observe Minority Enterprise Development Week, we recognize and
honor the extraordinary contributions that minority entrepreneurs make
to our Nation's strength and prosperity, and we reaffirm our
determination to help them make the most of today's dynamic economy.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 20 through
September 26, 1998, as Minority Enterprise Development Week, and I call
upon all Americans to join together with minority business entrepreneurs
across the country in appropriate observances.
IN WITNESS WHEREOF, I have hereunto set my hand this Tenth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7120 of September 12, 1998
Ovarian Cancer Awareness Week, 1998
By the President of the United States of America
A Proclamation
We have many weapons at hand in our war against cancer, and among the
most effective is early diagnosis. With ovarian cancer in particular--
sometimes called the ``silent killer'' because it shows no obvious signs
or symptoms until late in its development--early diagnosis can mean the
difference between life and death. Of the estimated 26,000 American
women who were diagnosed with ovarian cancer last year, an estimated
14,000 died. Currently, almost 70 percent of women with ovarian cancer
are not diagnosed until the disease is in its advanced stages; in many
cases, the cancer has already spread by the time it is discovered.
We know relatively little about why some women develop this deadly
disease. While every woman is at risk, we do know that ovarian cancer
occurs somewhat more frequently in women who have never been pregnant.
Women who have had breast cancer or who have a family history of breast
or ovarian cancer are also at increased risk. There are other genetic
factors as well that can affect the incidence of ovarian cancer.
We do have hope in our fight against this cancer. Scientists at medical
centers and hospitals across our Nation are developing significant new
information that holds promise for the future, particularly for research
in genetic susceptibility and prevention, diagnostic imaging, screening
and diagnosis, and treatment. For example, because of their knowledge
about the ovarian cancer risk genes, researchers are now able to work on
developing prevention and screening with women in families at high risk.
Researchers
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are also making progress in the area of treatment through improvements
in existing chemotherapy regimens.
While we take heart from these promising developments, we also recognize
the need for an increased awareness and understanding of ovarian cancer.
As we observe Ovarian Cancer Awareness Week and affirm our national
commitment to fighting this devastating disease, I encourage all
American women and their families to learn more about ovarian cancer,
and I urge health care professionals to emphasize to their patients the
importance of regular examinations. By doing so, we can build on the
progress we have made in our crusade against cancer and ensure
healthier, longer lives for women.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 13 through
September 19, 1998, as Ovarian Cancer Awareness Week. I encourage the
American people to observe this week with appropriate ceremonies and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7121 of September 15, 1998
National Hispanic Heritage Month, 1998
By the President of the United States of America
A Proclamation
The presence of Hispanics on this continent predates the founding of our
Nation, and, as among the first to settle in the New World, Hispanics
and their descendants have had a profound and lasting influence on
American history, values, and culture. Since the arrival of the earliest
Spanish settlers more than 400 years ago, millions of Hispanic men and
women have come to the United States from Mexico, Puerto Rico, Cuba and
other Caribbean regions, Central America, South America, and Spain, in
search of peace, freedom, and a more prosperous future. They brought
with them a deep commitment to family and community, a strong work
ethic, and an unwavering belief in the American Dream.
In a Nation that derives so much of its strength from many cultures and
races, Hispanic Americans are a thriving force in our society and a
vital part of our economy. For example, businesses started and operated
by Hispanic women constitute one of the fastest-growing categories of
small business in the United States today. This entrepreneurial spirit
has contributed to the strongest U.S. economy in a generation.
As we approach the 21st century and face the challenges of a global
economy, we recognize that the success of our Nation is closely tied to
the success of our citizens of Hispanic heritage, who are a large and
increasing
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segment of our population. My Administration is committed to ensuring
that Hispanic Americans have the opportunities they need to realize
their dreams of a better life.
The key to those dreams is education. We must continue to reach out to
Hispanic youth, encouraging them to stay in school, graduate from high
school, and go on to college so that they can compete successfully for
good jobs and take advantage of promising career opportunities. As part
of these efforts, my Administration is committed to ensuring that our
$600 million Hispanic Education Action Plan is fully funded. This
initiative will provide the investments needed to help Hispanic students
master basic skills and become proficient in English. It will also
assist schools in implementing reforms to reduce dropout rates, enable
adults to receive basic skills training and participate in English-as-a-
second-language programs, and offer assistance to colleges and
universities that serve large numbers of Hispanic students.
This month, as we remember with special gratitude the gifts that
Hispanic Americans bring to every aspect of our national life, let us
reaffirm our efforts to ensure that all Hispanic American families have
the tools and opportunities they need to make the most of their lives.
Working together, we can meet the challenges of the 21st century in a
way that will celebrate our differences and unite us around our common
values.
To honor Hispanic Americans for their many contributions to our Nation
and our culture, the Congress, by Public Law 100-402, has authorized and
requested the President to issue annually a proclamation designating
September 15 through October 15 as ``National Hispanic Heritage Month.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim September 15 through October 15, 1998, as
National Hispanic Heritage Month. I call upon all government officials,
educators, and the people of the United States to honor this observance
with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7122 of September 15, 1998
National Historically Black Colleges and Universities Week, 1998
By the President of the United States of America
A Proclamation
Education has always been at the heart of opportunity in America. That
has never been more true than today, when a revolution in technology is
fundamentally changing the way we live and work and learn. In this new
era of dynamic challenge and possibility, we recognize that the best
opportunities for personal and professional success will go to those who
are well
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educated. Our Nation's Historically Black Colleges and Universities
(HBCUs) play a vital role in helping to extend access to a quality
education.
Established before and just after the Civil War to educate free black
students, these institutions have been African Americans' primary
route--and for many the only route--to higher education. Struggling to
exist in a segregated society, striving to keep tuition affordable
despite limited financial resources, these schools nonetheless upheld
their mission of academic excellence and equal opportunity.
Even after the 1954 Supreme Court ruling that ended legal segregation of
America's public schools, the need for HBCUs did not disappear. These
schools continue to provide young African Americans and other students
with a nurturing and affirming environment. Today, America's 105 HBCUs
are educating almost 300,000 African Americans, and they count among
their graduates the majority of our Nation's African American military
officers, physicians, Federal judges, elected officials, and business
executives. The distinguished faculty members at HBCUs serve as role
models and mentors, challenging students to reach their full potential
and to refuse to set limits on their dreams. HBCUs are a source of great
pride and a symbol of economic, social, and political growth.
As our Nation grows increasingly diverse in race, culture, and ethnic
background, these institutions are a valuable source of knowledge about
the history and heritage of African Americans, serving as keepers of
significant archives and centers for the study of African Americans'
many contributions to the life of our Nation. Most important, these
schools continue to champion the cause of equal access to education.
With a notable past, a dynamic present, and a promising future,
America's HBCUs are helping to prepare our Nation's young people for the
challenges and opportunities of the new millennium.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 20 through
September 26, 1998, as National Historically Black Colleges and
Universities Week. I call upon the people of the United States,
including government officials, educators, and administrators, to
observe this week with appropriate programs, ceremonies, and activities
honoring America's Historically Black Colleges and Universities and
their graduates.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
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Proclamation 7123 of September 16, 1998
Citizenship Day and Constitution Week, 1998
By the President of the United States of America
A Proclamation
Two hundred eleven years ago, on September 17, 1787, our Nation's
Founders signed the Constitution that established our system of
government. This extraordinary document, the product of passionate
debate and grudging compromise, was crafted by a handful of individuals
in the late 18th century; yet it has safely charted America's course
through more than two centuries of enormous change and growth and has
served as the model for democratic governments around the globe.
The United States Constitution has endured in large part because of its
remarkable fairness and flexibility. It created an inspired balance of
powers and responsibilities among the executive, legislative, and
judicial branches of government and among the Federal Government, the
States, and individual citizens. It also provided for a system of
amendment that allows our democracy to correct past errors and omissions
and to respond to new challenges. As we mark this anniversary of the
signing of the Constitution, we celebrate the effort, the dedication,
and the wisdom of our Founders and the blessings of liberty that
resulted from their labors.
We also celebrate those who have struggled to move America closer to
fulfilling the first and fundamental purpose expressed in the
Constitution: ``. . . to form a more perfect Union.'' Among these heroes
were the thousands who fought and died during the Civil War to keep our
Nation united and to banish slavery from our land. The 13th Amendment to
the Constitution is the fruit of their sacrifice: ``Neither slavery nor
involuntary servitude . . . shall exist within the United States.'' The
courageous women and men who met at Seneca Falls, New York, 150 years
ago also set the highest standards of citizenship. Recognizing that
women, too, are entitled to share in America's promise of equality, they
began a crusade that resulted in the ratification of the 19th Amendment,
guaranteeing women the right to vote. Likewise, we honor American
citizens of our century, black and white, who worked together, faced
danger together, and sometimes died together in the struggle to end
racial injustice in our society and move our Nation closer to the
constitutional ideal of equality under the law. The 24th Amendment,
guaranteeing all citizens the right to vote, reflects their spirit and
commitment to true democracy.
As we seek to form a more perfect union at home, we also bear the
responsibilities of citizenship in our world community. Throughout our
history, we have sought to secure the blessings of liberty not only for
ourselves, but for all people everywhere. We remember the Americans who
fought two world wars against tyranny and oppression and who triumphed
in the Cold War through faith in the promise of democracy. These men and
women cared so intensely about our Nation and their fellow human beings
that they were willing to forego their own comfort and sometimes even to
sacrifice their own lives for the ideal of freedom envisioned by our
Founders.
In commemoration of the signing of the Constitution and in recognition
of the importance of active, responsible citizenship in preserving the
Constitution's blessings for our Nation, the Congress, by joint
resolution of February
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29, 1952 (36 U.S.C. 153), designated September 17 as ``Citizenship
Day,'' and by joint resolution of August 2, 1956 (36 U.S.C. 159),
requested that the President proclaim the week beginning September 17
and ending September 23 of each year as ``Constitution Week.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim September 17, 1998, as Citizenship Day and
September 17 through September 23, 1998, as Constitution Week. I call
upon Federal, State, and local officials, as well as leaders of civic,
educational, and religious organizations, to conduct meaningful
ceremonies and programs in our schools, houses of worship, and other
community centers to foster a greater understanding and appreciation of
the Constitution and the rights and duties of citizenship.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7124 of September 17, 1998
National POW/MIA Recognition Day, 1998
By the President of the United States of America
A Proclamation
For more than two centuries, America has been blessed by the service and
sacrifice of the men and women of our Armed Forces. Often leaving home
and family, they have fought to preserve our freedom, protect our
national interests, and advance American values and ideals around the
globe. These valiant heroes have risked--and many have lost--their lives
in service to our Nation and for the well-being of their fellow
Americans.
Each year, on National POW/MIA Recognition Day, we acknowledge with
special gratitude and profound respect those who paid for our freedom
with their own, and we remember with deep sorrow those whose fate has
never been resolved. Americans who were held as prisoners of war
throughout our history endured the indignities and brutality of
captivity without surrendering their devotion to duty, honor, and
country. With steadfast hearts and indomitable spirit, these patriots
never gave up on America because they knew that America, and the
American people, would never give up on them.
In the same way, we will never give up on our efforts to obtain the
fullest possible accounting of every American missing in service to our
country. We reaffirm our pledge to their families to search unceasingly
for information about those missing and to seek the repatriation of
those who have died and whose remains have not been recovered. By doing
so we keep faith with our men and women in the Armed Forces and with the
families who have suffered the anguish of not knowing the fate of their
loved ones.
On September 18, 1998, the flag of the National League of Families of
American Prisoners of War and Missing in Southeast Asia, a black and
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white banner symbolizing America's missing and our fierce determination
to account for them, will be flown over the White House, the U.S.
Capitol, the Departments of State, Defense, and Veterans Affairs, the
Selective Service System Headquarters, the Vietnam Veterans Memorial,
the Korean War Veterans Memorial, national cemeteries, and other
locations across our country.
NOW, THEREFORE, I, WILLIAM J. CLINTON, by virtue of the authority vested
in me by the Constitution and laws of the United States, do hereby
proclaim September 18, 1998, as National POW/MIA Recognition Day. I ask
all Americans to join me in honoring former American prisoners of war
and those whose fate is still undetermined. I also encourage the
American people to remember with compassion and concern the courageous
families who persevere in their quest to know the fate of their missing
loved ones.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7125 of September 18, 1998
To Modify Certain Provisions of the Special Textile and Apparel Regime
Implemented Under the North American Free Trade Agreement
By the President of the United States of America
A Proclamation
1. On December 17, 1992, the Governments of Canada, Mexico, and the
United States entered into the North American Free Trade Agreement
(``the NAFTA''). The NAFTA was approved by the Congress in section
101(a) of the North American Free Trade Agreement Implementation Act
(``the NAFTA Implementation Act'') (19 U.S.C. 3311(a)), and was
implemented with respect to the United States by Presidential
Proclamation 6641 of December 15, 1993.
2. Section 201(b)(1)(A) of the NAFTA Implementation Act (19 U.S.C.
3331(b)(1)(A)) authorizes the President to proclaim such modifications
or continuation of any duty as the President determines to be necessary
or appropriate to maintain the general level of reciprocal and mutually
advantageous concessions with respect to Canada or Mexico provided for
by the NAFTA, subject to the consultation and layover requirements of
section 103(a) of the NAFTA Implementation Act (19 U.S.C. 3313(a)).
Among the provisions previously proclaimed to implement the NAFTA
schedule of concessions is heading 9802.00.90 of the Harmonized Tariff
Schedule of the United States (``HTS''), which affords duty-free entry
into the United States of certain textile and apparel goods assembled in
Mexico, in which all fabric components were wholly formed and cut in the
United States and then exported to Mexico ready for assembly and there
assembled and returned to the U.S. customs territory.
[[Page 87]]
3. In order to maintain the general level of reciprocal and mutually
advantageous concessions under the NAFTA, I have determined that new
provisions should be added to chapter 99 of the HTS to provide that
specified apparel articles, which are assembled in Mexico using
interlining fabrics that are cut but not formed in the United States,
and which otherwise meet the conditions set forth in HTS heading
9802.00.90, may enter the United States free of duty on a temporary
basis because the necessary interlining fabrics for such apparel are no
longer formed in the United States. The consultation and layover
requirements provided for in section 103(a) of the NAFTA Implementation
Act have been observed.
4. Section 604 of the Trade Act of 1974, as amended (19 U.S.C.
2483)(``Trade Act''), authorizes the President to embody in the HTS the
substance of the relevant provisions of that Act, and of other Acts
affecting import treatment and actions thereunder, including the
removal, modification, continuance, or imposition of any rate of duty or
other import restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including, but not limited to, sections
103(a) and 201(b) of the NAFTA Implementation Act, section 604 of the
Trade Act, and section 301 of title 3, United States Code, do proclaim
that:
(1) Subchapter VI of chapter 99 of the HTS is modified as provided
in the Annex to this proclamation.
(2) Any provisions of previous proclamations and Executive orders
that are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
(3)(a) The modifications to the HTS made by this proclamation shall
be effective with respect to goods entered, or withdrawn from warehouse
for consumption, on or after the fifteenth day after the signing of this
proclamation.
(b) At the close of the effective period specified therefor in the
Annex, HTS subheadings 9906.98.02 and 9906.98.03 shall cease to apply to
imported articles, except that goods described in such subheadings that
were shipped and in transit on a through bill of lading on such
specified date shall be eligible for the tariff treatment specified
therein as if entered on the last day of such effective period. At the
close of the day that is one year from the close of the effective period
specified in such HTS subheadings, U.S. note 28 to subchapter VI of
chapter 99, such subheadings and their immediately superior text
beginning with the word ``Apparel'' shall all be deleted from the HTS.
(c) The United States Trade Representative is authorized, after
obtaining advice from the appropriate advisory committees established
under section 135 of the Trade Act (19 U.S.C. 2155), to extend the
effective period of the new tariff provisions for one additional year,
upon publication in the Federal Register of a notice modifying the new
HTS subheadings accordingly.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
[[Page 88]]
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Annex
Effective with respect to goods entered, or withdrawn from warehouse for
consumption, on or after the fifteenth day after the President signs
this Proclamation, the Harmonized Tariff Schedule of the United States
(``HTS'') is modified by inserting in numerical sequence in subchapter
VI of chapter 99 the following new U.S. note, tariff subheadings and
superior text, with language inserted in columns of the HTS headed
``Heading/Subheading'', ``Article Description'', ``Rates of Duty 1-
Special'', and ``Effective Period'', and with the new superior text
inserted at the same level of indentation as the article description in
subheading 9906.73.02:
[U.S. Note:] .................................................................................
``28. For purposes of subheadings 9906.98.02 and 9906.98.03, the term ``interlining
fabrics'' refers to the following:
(a) A chest plate, ``hymo'' piece or ``sleeve header'' of woven or weft-
inserted warp knit construction, the foregoing of coarse animal hair or man-made
filaments, of a type used in the manufacture of men's, boys', women's or girls'
tailored suit jackets and suit-type jackets;
(b) A weft-inserted warp knit fabric that contains and exhibits properties of
elasticity and resilience which render the fabric especially suitable for
attachment by fusing with a thermoplastic adhesive to the coat-front, side body
or back of men's or boys' tailored suit jackets and suit-type jackets; or
(c) A woven fabric that contains and exhibits properties of resiliency which
render the fabric especially suitable for attachment by fusing with a thermo-
plastic adhesive to the coat-front, side body or back of men's, boys', women's
or girls' tailored suit jackets and suit-type jackets.''
[HTS subheadings:] ...................................... ............... ....................
``Apparel articles assembled in Mexico ............... ....................
in which all fabric components were
wholly formed and cut in the United
States except interlining fabrics of
a type described in U.S. note 28 to
this subchapter that were cut in the
United States but not formed therein
and that are incorporated in such
articles, the foregoing of a type
otherwise described in heading
9802.00.90 of the tariff schedule:
[[Page 89]]
9906.98.02 Men's or boys' suit-type jackets, ............... ....................
whether or not imported as parts of
suits or ensembles, the foregoing of
wool or fine animal hair or of man-
made fibers or subject to wool
restraints or to man-made fiber
restraints (provided for in
subheadings 6103.11.00, 6103.12.10,
6103.12.20, 6103.19.10, 6103.19.15,
6103.19.90, 6103.21.00, 6103.23.00,
6103.29.10, 6103.31.00, 6103.33.10,
6103.33.20, 6103.39.10, 6103.39.80,
6203.11.10, 6203.11.20, 6203.12.10,
6203.12.20, 6203.19.20, 6203.19.30,
6203.19.90, 6203.21.00, 6203.23.00,
6203.29.20, 6203.31.00, 6203.33.10,
6203.33.20,
6203.39.10, 6203.39.20, or 6203.39.90) Free (MX) On or before 08/31/
99
9906.98.03 Women's or girls' suit-type jackets, ............... ....................
whether or not imported as parts of
suits or ensembles, the foregoing of
wool or fine animal hair or of man-
made fibers or subject to wool
restraints or to man-made fiber
restraints (provided for in
subheadings 6104.11.00, 6104.13.10,
6104.13.20, 6104.19.10, 6104.19.15,
6104.19.80, 6104.21.00, 6104.23.00,
6104.29.10, 6104.29.20, 6104.31.00,
6104.33.10, 6104.33.20, 6104.39.10,
6104.39.20, 6204.11.00, 6204.13.10,
6204.13.20, 6204.19.10, 6204.19.20,
6204.19.80, 6204.21.00, 6204.23.00,
6204.29.20, 6204.29.40, 6204.31.10,
6204.31.20, 6204.33.10, 6204.33.20,
6204.33.40, 6204.33.50, 6204.39.20,
6204.39.30, or
6204.39.80) Free (MX) On or before 08/31/
99''
Proclamation 7126 of September 18, 1998
National Farm Safety and Health Week, 1998
By the President of the United States of America
A Proclamation
America's agricultural industry plays an important role in our Nation's
economy. It provides us with an ample supply of high-quality food and
fiber and a rewarding form of employment for millions of Americans.
However, farming and ranching remain among our Nation's most dangerous
occupations, demanding an understanding of complex agricultural
equipment, strict attention to detail, and careful performance of farm
and ranch work.
Among the most hazardous duties on farms and ranches is the operation of
farm tractors and machinery. This work is even more dangerous with extra
riders, and all farm equipment operators should avoid carrying people on
their machinery who are not necessary to their work. Using tractors and
machinery can be especially dangerous during planting and harvesting
seasons, when farmers and ranchers must use public highways to gain
access
[[Page 90]]
to production fields or to bring the harvested crop to market. During
these times, all vehicle and equipment operators must exercise special
caution on our roadways.
After school, during the summer, and other times of the year when
children have more unsupervised time, can be very hazardous to our next
generation of farmers and ranchers. Since many agricultural operations
are family-oriented, this work can bring younger family members into
contact with the mechanical, chemical, and environmental hazards their
more knowledgeable parents and older siblings face daily with
appropriate caution. Adults should strive to set good examples for
younger, inexperienced workers and always carefully monitor children's
activities.
Because of the environment they work in, agricultural workers also face
serious health concerns. Noisy equipment and inadequate hearing
protection frequently cause permanent hearing loss among farm and ranch
employees, and skin cancer rates among agricultural workers are
exceedingly high, due to long exposure to the sun and chemicals. In
every farm environment, workers need to use protective gear to avoid
health and safety hazards. This is not only for their personal benefit--
it also sends the right message to the young people who are the future
agricultural workers of our Nation.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim September 20 through
September 26, 1998, as National Farm Safety and Health Week. I call upon
government agencies, businesses, and professional associations that
serve our agricultural sector to strengthen their efforts to promote
safety and health programs among our Nation's farm and ranch workers. I
ask agricultural workers to take advantage of the many diverse education
and training programs and technical advancements that can help them
avoid injury and illness. I also call upon our Nation to recognize
Wednesday, September 23, 1998, as a day to focus on the risks facing
young people on farms and ranches. Finally, I call upon the citizens of
our Nation to reflect on the bounty we enjoy thanks to the labor and
dedication of agricultural workers across our land.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7127 of September 25, 1998
Gold Star Mother's Day, 1998
By the President of the United States of America
A Proclamation
Throughout our Nation's history, brave Americans have put on the
uniforms of our Armed Services and placed themselves in harm's way to
preserve our cherished freedoms and advance the ideals of democracy. In
the
[[Page 91]]
brutality of war, many have sacrificed their lives, bringing devastating
pain and grief to their families and friends. No one feels such a loss
more acutely than do the mothers and fathers of these patriots who have
paid so dearly to serve our country. To bear and nurture children, to
give them life and unbounded love, to raise them with care to adulthood,
only to lose them to the fatal grip of war, brings an abiding sorrow.
Yet, with strength and determination, a group of extraordinary women has
transformed sorrow into service to others. Since 1928, America's Gold
Star Mothers have worked together to serve their communities and our
Nation. They bring comfort and hope to disabled veterans and their
families, to keep alive the memory of all Americans who have paid the
ultimate price for our freedom, and to promote harmony among all the
peoples of the world. Their quest for peace is especially poignant
because they know better than most the cruel costs of war. Every Gold
Star Mother has faced the inevitable and unyielding truth that the proud
son or daughter who marched off to battle will never come home to her
loving arms. Bound by sorrow yet filled with compassion, America's Gold
Star Mothers are a noble example of love, dedication, and patriotism.
As a Nation, we have a sacred duty to remember those who have died in
service to our country, but we have an important responsibility to the
living as well. America's Gold Star Mothers deserve our unfailing
gratitude and profound respect, not only for their courage and
compassion in the face of great personal sadness, but also for their
constant love for our country and their fellow Americans. That is why
the Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat.
1895), has designated the last Sunday in September as ``Gold Star
Mother's Day'' and authorized and requested the President to issue a
proclamation in observance of this day.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim September 27, 1998, as Gold Star Mother's
Day. I call on all government officials to display the United States
flag on government buildings on this day. I also urge the American
people to display the flag and to hold appropriate meetings in their
homes, places of worship, or other suitable places, as a public
expression of the sympathy and the respect that our Nation holds for its
Gold Star Mothers.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7128 of September 29, 1998
National Disability Employment Awareness Month, 1998
By the President of the United States of America
A Proclamation
Today America is enjoying great prosperity, with the prospect of an even
brighter future in the 21st century. Our economy is the strongest it has
[[Page 92]]
been in a generation. We have created more than 16 million new jobs in
the past 5 years, and we are witnessing the lowest inflation rate in
three decades, the lowest unemployment rate in 28 years, and the
smallest welfare rolls in 29 years. But we cannot consider ourselves
truly successful until all Americans, including the 30 million working-
age adults with disabilities, have access to the tools and opportunities
they need to achieve economic independence.
The Americans with Disabilities Act (ADA) is making it possible for
millions of Americans to participate more fully in our society. However,
8 years after the ADA's passage, the unemployment rate among people with
disabilities is still far too high. Almost 75 percent of working-age
Americans with severe disabilities remain unemployed. If America is to
live up to its promise of equal opportunity, and if our economy is to
continue to strengthen and expand, we must be able to draw on the
untapped energy, talents, and creativity of this large and capable
segment of our population.
Last March, I issued an Executive order to establish the National Task
Force on Employment of Adults with Disabilities and begin to break down
the remaining barriers for people with disabilities. I charged the Task
Force with creating a coordinated and aggressive national strategy to
make equality of opportunity, full participation, inclusion, and
economic self-sufficiency a reality for all working-age Americans with
disabilities. I have also directed the Attorney General, the Chair of
the Equal Employment Opportunity Commission, and the Administrator of
the Small Business Administration to increase public awareness of rights
and responsibilities under the ADA. It is particularly important to
reach out in this effort to the small business community, because it
employs most of our Nation's private work force.
Employment is the best path to economic security and to personal and
professional fulfillment. I salute disability community leaders,
business and labor leaders, government officials, community
organizations, and concerned citizens who are working together to remove
the remaining obstacles on that path so that all Americans with
disabilities have the opportunity to contribute to our national life.
To recognize the great potential of people with disabilities and to
encourage all Americans to work toward their full integration in the
work force, the Congress, by joint resolution approved August 11, 1945,
as amended (36 U.S.C. 155), has designated October of each year as
``National Disability Employment Awareness Month.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim October 1998 as National Disability
Employment Awareness Month. I call upon government officials, educators,
labor leaders, employers, and the people of the United States to observe
this month with appropriate programs and activities that reaffirm our
determination to fulfill both the letter and the spirit of the Americans
with Disabilities Act.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
[[Page 93]]
Proclamation 7129 of September 30, 1998
National Domestic Violence Awareness Month, 1998
By the President of the United States of America
A Proclamation
Domestic violence is a leading cause of injury to American women, and
teenage girls between the ages of 16 and 19 experience one of the
highest rates of such violence. A woman is battered every 15 seconds in
the United States, and 30 percent of female murder victims are killed by
current or former partners. Equally disturbing is the impact of domestic
violence on children. Witnessing such violence has a devastating
emotional effect on children, and between 50 and 70 percent of men who
abuse their female partners abuse their children as well. From inner
cities to rural communities, domestic violence affects individuals of
every age, culture, class, gender, race, and religion.
Combatting the violence that threatens many of our Nation's families is
among my highest priorities as President. Through the Violence Against
Women Act (VAWA), included in the historic Crime Bill I signed into law,
we have more than tripled funding for programs that combat domestic
violence and sexual abuse--investing over half a billion dollars since
1994. The Violence Against Women Office at the Department of Justice,
which coordinates the Federal Government's implementation of the Act, is
leading a comprehensive national effort to combine tough Federal laws
with assistance to State and local programs designed to fight domestic
violence and aid its victims. With VAWA grants, communities across our
country have been able to hire more prosecutors and improve domestic
violence training among police officers, prosecutors, and health and
social service professionals.
My Administration has also worked to enact other important legislation
that sends the clear message that family violence is a serious crime.
The Interstate Stalking Punishment and Prevention Act of 1996 stiffens
the penalties against perpetrators who pursue women across State lines
to stalk, threaten, or abuse them; and an extension of the Brady Law
prohibits anyone convicted of a domestic violence offense from owning a
firearm. Since 1996, the 24-hour National Domestic Violence Hotline (1-
800-799-SAFE) we established has provided immediate crisis intervention,
counseling, and referrals for those in need, responding to as many as
10,000 calls each month.
In observing the month of October as National Domestic Violence
Awareness Month, we also recognize the dedicated efforts of
professionals and volunteers who take up this cause every day, offering
protection, guidance, encouragement, and compassion to the survivors of
family violence. We reaffirm our pledge to strengthen our collective
national response to crimes of domestic violence. Most important, we
strengthen our commitment to raise public awareness of the frequency of
domestic violence, recognize the signs of such violence, and intervene
before it escalates. If we are ever to erase the pain of these heinous
crimes, we must help victims become survivors and, once and for all, end
the scourge of violence in America's homes.
[[Page 94]]
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 1998 as National
Domestic Violence Awareness Month. I call upon government officials, law
enforcement agencies, health professionals, educators, community
leaders, and the American people to join together to end the domestic
violence that threatens so many of our people.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
September, in the year of our Lord nineteen hundred and ninety-eight,
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7130 of October 1, 1998
National Breast Cancer Awareness Month, 1998
By the President of the United States of America
A Proclamation
For the millions of us who have lost loved ones to breast cancer, this
annual observance brings with it both sorrow and hope--sorrow that
medical breakthroughs came too late to save a beloved relative or
friend, and hope that new efforts in research, prevention, and treatment
will protect other families from suffering the impact of this
devastating disease. Recent declines in the rate of breast cancer deaths
among American women reflect the progress we have made in early
detection and improved treatment. But it is urgent that we continue to
build on that progress. This year alone, another 180,000 cases of breast
cancer will be diagnosed, and some 44,000 women will die from the
disease.
We are waging America's crusade against breast cancer on many fronts.
Spearheading the effort is the National Action Plan on Breast Cancer
(NAPBC)--the product of a conference convened by Secretary of Health and
Human Services (HHS) Donna Shalala that included advocates, women with
breast cancer, their families, clinicians, researchers, members of
Congress, educators, and the media. The NAPBC is helping to coordinate
the national response to breast cancer by fostering communication,
cooperation, and collaboration among experts both inside and outside of
the Government.
The lead Government agency conducting breast cancer research and control
programs is the National Cancer Institute (NCI) at HHS. By developing an
index of genes involved in breast and other cancers, the NCI is
improving our understanding of the disease at the molecular level.
Research into the relationship between breast cancer and genes such as
BRCA1 and BRCA2 is helping us to better comprehend how the disease
develops, allowing researchers to understand more precisely the risk of
breast cancer caused by mutations in these genes. The most encouraging
advance thus far in prevention research came from the landmark Breast
Cancer Prevention Trial. This study, a national clinical trial sponsored
by the NCI, found that women at high risk for breast cancer reduced that
risk by taking the drug
[[Page 95]]
tamoxifen, demonstrating that breast cancer can actually be prevented.
The NCI is now developing an educational program to help physicians and
patients decide who should consider taking tamoxifen.
Researchers are also making advances in breast cancer treatment and have
found ways to combine chemotherapy drugs to make treatment more
effective for patients whose cancer has spread. Drugs have also been
developed to alleviate some of the side effects of chemotherapy. But
these breakthroughs in cancer research and treatment can only help if
women are informed about them. During this month, I invite all Americans
to take part in our national effort to save lives. Let us join together
to make sure that women and their families hear the message about the
importance of screening and early detection, receive recommended
screening mammograms, and have access to appropriate treatment. We have
won important battles in our war on breast cancer, and we have cause to
celebrate; nevertheless, we must remain focused on gaining the ultimate
victory--an America free from breast cancer.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 1998 as National
Breast Cancer Awareness Month. I call upon government officials,
businesses, communities, health care professionals, educators,
volunteers, and all the people of the United States to publicly reaffirm
our Nation's strong and continuing commitment to controlling and curing
breast cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7131 of October 2, 1998
Fire Prevention Week, 1998
By the President of the United States of America
A Proclamation
Fire claims more than 4,000 American lives each year, a tragic loss of
life that we can and must prevent. Nearly 80 percent of these deaths
occur in the home, where smoke and poisonous gases often kill people
long before flames can reach them.
Underestimating fire's deadly speed has cost many Americans their lives.
Smoke alarms are one of the most effective safety tools available to
ensure sufficient escape time, and research shows that by installing and
maintaining working smoke alarms, we can reduce the risk of fire-related
death by nearly 50 percent. Another important safety measure is a home
fire escape plan, which enables everyone in the household to exit
quickly during a fire emergency.
As sponsor of Fire Prevention Week for more than 70 years, the National
Fire Protection Association (NFPA) has selected ``Fire Drills--The Great
[[Page 96]]
Escape!'' as the theme for this year's Fire Prevention Week. Together
with the Federal Emergency Management Agency, the NFPA reminds us to
take responsibility for our personal safety and practice our home escape
plans. On Wednesday, October 7, 1998, fire departments across America
will coordinate home fire drills in support of National Fire Prevention
Week. Community fire departments will signal the start of the ``Great
Escape Fire Drill'' by sounding their stations' fire alarms at 6:00 p.m.
As we focus on fire safety this week, let us also pay tribute to the
courage and commitment of our Nation's fire and emergency services
personnel. These dedicated men and women devote themselves, day in and
day out, to protecting our lives and property from the ravages of fire.
All America watched in awe this summer as thousands of firefighters from
across the Nation battled the wildfires that raged through Florida for
so many weeks. Leaving their own homes and families, these heroes put
their lives on the line as street by street, house by house, they worked
to save the homes of their fellow Americans. It is fitting that on
Sunday, October 4, 1998, at the 17th annual National Fallen Firefighters
Memorial Service in Emmitsburg, Maryland, our Nation will honor once
again the valiant men and women across our country whose commitment to
protecting our families and communities from fire cost them their lives.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 4 through October
10, 1998, as Fire Prevention Week. I encourage people of the United
States to take an active role in fire prevention not only this week, but
also throughout the year. I also call upon every citizen to pay tribute
to the members of our fire and emergency services who have lost their
lives or been injured in service to their communities, and to those men
and women who carry on their noble tradition.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7132 of October 5, 1998
Child Health Day, 1998
By the President of the United States of America
A Proclamation
As caring parents and citizens, we must do all we can to ensure that our
children, our Nation's greatest resource, lead safe and healthy lives.
Today, thanks to scientific breakthroughs and increased public
awareness, we have the ability to prevent many of the childhood
illnesses and disorders of the past. We have raised immunization rates
to an all-time high, ensured that prescription drugs will be adequately
tested for children, conducted research to help protect children from
environmental health risks, and established protections so that mothers
can stay in hospitals with their
[[Page 97]]
newborns until they and their doctors decide they are ready to leave.
Although we can be heartened by these important achievements, we must do
more if we are to overcome the many health challenges our children still
face.
Recent studies show that children without health insurance are more
likely to be sick as newborns, less likely to be immunized, and less
likely to receive treatment for recurring illnesses. One of the great
accomplishments of my Administration has been the creation of the
Children's Health Insurance Program (CHIP), which I called for in my
1997 State of the Union and signed into law just a year ago. CHIP
provides $24 billion to help States offer affordable health insurance to
children in eligible working families--the single largest investment in
children's health since the passage of Medicaid in 1965. CHIP will
provide health care coverage, including prescription drugs, and vision,
hearing, and mental health services, to as many as 5 million uninsured
children; and in its first year, nearly four out of five States already
are participating in CHIP. We are also working hard to identify and
enroll in Medicaid the more than 4 million children who are currently
eligible to receive health care through that program but are not
enrolled. The challenge before us now is to realize the promise of CHIP
and Medicaid by reaching out to families to inform them of their options
for health care coverage.
Due to recent breakthroughs in medical knowledge, we know that the
decisions we make even before our children are born can have a
significant impact on their future health. That is why we are committed
to fighting, among other afflictions, the tragic consequences of Fetal
Alcohol Syndrome. In this country, thousands of infants are born each
year suffering from the physical and mental effects of this disorder.
Because its effects are devastating, causing permanent damage, the
simplest and best measure that expectant mothers can take for the safety
of their babies is to abstain from drinking alcohol throughout their
pregnancies.
As part of my Administration's ongoing efforts to protect our children
from the effects of alcohol and other substance abuse, Secretary of
Health and Human Services Donna Shalala recently announced a new
campaign, ``Your Time--Their Future,'' to recruit adults to help
children and adolescents develop healthy and useful skills and
interests. Research shows that the guidance and example of caring adults
can play an important part in helping young people resist the attraction
of alcohol and other harmful or illegal substances.
To acknowledge the importance of our children's health, the Congress, by
joint resolution approved May 18, 1928, as amended (36 U.S.C. 143), has
called for the designation of the first Monday in October as ``Child
Health Day'' and has requested the President to issue a proclamation in
observance of this day.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim Monday, October 5, 1998, as Child Health
Day. I call upon families, schools, communities, and governments to
dedicate themselves to protecting the health and well-being of all our
children.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of
[[Page 98]]
the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7133 of October 5, 1998
German-American Day, 1998
By the President of the United States of America
A Proclamation
From the time our republic was born, German Americans have enriched our
national life and culture. Many, seeking religious freedom, first
settled in and around Philadelphia more than 300 years ago; and to this
day, one of the largest neighborhoods in that city is called Germantown.
Throughout the colonial period, more Germans arrived on these shores and
made their homes throughout the Thirteen Colonies. Today, almost a
quarter of the American people can trace their roots back to Germany.
German Americans have had an important and lasting impact not only on
the growth of our Nation, but also on the formation of many of our
deepest values. As skilled and industrious farmers, German Americans
have shared their love for the land and a strong sense of family and
community. With a deep respect for education and the arts, they have
broadened the cultural life of the communities in which they live. And,
from their earliest days in this country, Germans and German Americans
have revered freedom, as epitomized by the service of General Friedrich
von Steuben during America's struggle for independence and by the
dedication of the entirely German American Provost Corps which, under
the command of Major Bartholomew von Heer, served as General
Washington's personal guard unit during the Revolutionary War.
All of us can take pride in the accomplishments of German Americans--as
soldiers and statesmen, scientists and musicians, artisans and
educators. It is fitting that we set aside this special day to remember
and celebrate how much German Americans have done to preserve our
ideals, enrich our culture, and strengthen our democracy.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim Tuesday, October 6,
1998, as German-American Day. I encourage all Americans to recognize and
celebrate the many gifts that millions of people of German descent have
brought to this Nation and that have enriched the lives of our citizens.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
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Proclamation 7134 of October 7, 1998
National Day of Concern About Young People and Gun Violence, 1998
By the President of the United States of America
A Proclamation
During the past 18 months, Americans have been stunned by gun violence
among our youth, including the tragic incidents of students shooting
their classmates and teachers in Jonesboro, Arkansas; Pearl,
Mississippi; Paducah, Kentucky; Edinboro, Pennsylvania; and Springfield,
Oregon. In communities across the country, some young people are trying
to resolve their conflicts and problems by taking a gun into their
schools or onto the streets--guns that, although they are generally
illegal for children to possess, are still too easy to get.
While recent data indicate that the overwhelming majority of American
schools are safe and that the rate of youth violence is beginning to
decline, we must not relax our efforts to protect our children from such
violence. Since the beginning of my Administration, we have worked hard
to make our schools and communities safe places for children to learn
and grow. We have put more community police in our neighborhoods,
encouraged the use of curfews, school uniforms, and tough truancy
policies, and proposed funding for after-school programs that provide
children and young people with wholesome activities that keep them
interested, engaged, and off the streets. We instituted a policy of zero
tolerance for guns in schools that is now the law in all 50 States. We
have issued a guidebook to help teachers, principals, and parents
recognize the early warning signs of troubled students and intervene
before despair or anger gives way to violence. Later this month, I will
host the first-ever White House Conference on School Safety to focus on
the causes and prevention of youth violence and to share effective
strategies that we can put into practice nationwide. Through these and
many other measures, we have strived to protect America's youth from
being either the perpetrators or the victims of gun violence.
While government can and must be an active partner in the effort to
prevent youth violence, the real key to ending the killing is in the
hands of young Americans themselves. Every young person must assume
personal responsibility for avoiding violent confrontation, have the
strength of character to walk away from a dispute before it turns
deadly, and have the courage and common sense to refuse to participate
in gang activities, to use drugs, or to carry or use a gun.
As part of our nationwide observance of National Day of Concern About
Young People and Gun Violence, I urge students across America to
voluntarily sign a ``Student Pledge Against Gun Violence'' as an
acknowledgment of these responsibilities. This pledge is a solemn
promise by young people never to bring a gun to school, never to use a
gun to settle a dispute, and to discourage their friends from using
guns. By keeping this promise and giving one another the chance to grow
to healthy, productive adulthood, young Americans will be taking an
enormous step toward a stronger, safer future for themselves and our
Nation.
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NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 8, 1998, as a
National Day of Concern About Young People and Gun Violence. On this
day, I call upon all Americans to commit themselves anew to helping our
young people avoid violence, to setting a good example, and to restoring
our schools and neighborhoods as safe havens for learning and
recreation.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7135 of October 8, 1998
Leif Erikson Day, 1998
By the President of the United States of America
A Proclamation
Almost a thousand years ago, the great Norse explorer Leif Erikson first
set foot on the North American continent. In commemorating Leif Erikson
Day each year, we honor the pioneering spirit of this son of Iceland and
grandson of Norway. We recall the daring of the Viking seafarers, who
saw the ocean not as a boundary but as a gateway to another world, and
we pay tribute to the courage of their descendants who, centuries later
would brave their own ocean journeys to find a new life in America.
This thirst for adventure has remained a fundamental trait of the
American character since our earliest days as a Nation. But men and
women of the Nordic countries brought other important strengths to their
adopted land as well: resourcefulness, self-reliance, determination, a
willingness to work hard, a love of freedom, and a belief in human
dignity.
Leif Erikson's arrival in North America brought not only the explorer's
passion to our country, but also laid the foundations of the friendship
the United States enjoys today with the Nordic countries. Building on
the values we share, our nations have made a powerful commitment to
protect and expand political, religious, and economic freedom to peoples
around the world. Staunch allies in times of peace and war, the United
States and the countries of Scandinavia look forward to the year 2000
when we will commemorate together the 1000th anniversary of Leif
Erikson's historic voyage to our continent and celebrate the important
and lasting contributions the sons and daughters of Iceland, Norway,
Sweden, Denmark, and Finland have made to the history and heritage of
our Nation.
In honor of Leif Erikson, the Congress, by joint resolution approved on
September 2, 1964 (Public Law 88-566), has authorized and requested the
President to proclaim October 9 of each year as ``Leif Erikson Day.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim October 9, 1998, as Leif Erikson Day.
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I encourage the people of the United States to observe this occasion
with appropriate ceremonies and activities commemorating our rich
Nordic-American heritage.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7136 of October 9, 1998
Columbus Day, 1998
By the President of the United States of America
A Proclamation
Today our Nation stands on the threshold of a new millennium, an
uncharted time of great challenge and opportunity. To fulfill the
promise of this new era, we must be adventurous, willing to leave known
shores, and eager to embrace change. To find inspiration for this
momentous journey, we need only look to the example of Christopher
Columbus, who helped usher in a similar Age of Discovery more than 500
years ago.
A skilled and experienced seaman, Columbus pushed back the boundaries of
the known world and charted a safe course across the ocean to a new
continent. He was a master at reading and using the winds and discovered
the best westward and eastward passages between Europe and North
America. As Daniel Boorstin wrote in The Discoverers, ``. . . a sailing
vessel today, after all that has been learned in the last five
centuries, could not do better than follow Columbus' route.'' Explorers,
adventurers, and traders from many nations would follow his lead across
the Atlantic, as would millions of immigrants in the centuries following
his voyages. Although both a dreamer and a visionary, Columbus--a son of
Italy whose enterprise was funded by the Spanish crown--could never have
foreseen the multicultural, multiracial Nation that would ultimately
emerge in the New World he helped to discover.
As we enter a new era, let us embrace Columbus' spirit of discovery and
embrace as well the great diversity of cultures, religions, and ethnic
traditions that we enjoy because so many have followed his course to
this great land.
In tribute to Columbus' many achievements, the Congress, by joint
resolution of April 30, 1934 (48 Stat. 657), and an Act of June 28, 1968
(82 Stat. 250), has requested the President to proclaim the second
Monday in October of each year as ``Columbus Day.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim October 12, 1998, as Columbus Day. I call
upon the people of the United States to observe this day with
appropriate ceremonies and activities. I also direct that the flag of
the United States be displayed on all public buildings on the appointed
day in honor of Christopher Columbus.
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IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7137 of October 9, 1998
National School Lunch Week, 1998
By the President of the United States of America
A Proclamation
When the National School Lunch Program was established by President
Truman in 1946, it built upon decades of local commitment by parents,
educators, and community leaders who recognized a simple but important
fact: hungry children can't learn. Today, for millions of students, the
National School Lunch Program provides nutritious meals that serve as a
vital foundation for learning and growing. Many of these children
receive their only nutritious meal of the day at school. Thanks to this
practical and effective program, children and adolescents in school
cafeterias across our country not only have the opportunity to enjoy a
wholesome and balanced meal each day, but they also begin to understand
the importance of making healthy eating choices.
Unfortunately, the eating habits of America's children and adolescents
often fall short. Parents, educators, school administrators, food
service professionals, and community leaders must work in partnership to
ensure that our youth learn the importance of good nutrition to overall
good health. Learning about nutrition in school and having the daily
opportunity to eat a well-balanced meal can help children develop the
eating habits necessary to excel in the classroom and in life.
In recognition of the contributions of the National School Lunch Program
to the health, education, and well-being of our Nation's children, the
Congress, by joint resolution of October 9, 1962 (Public Law 87-780),
has designated the week beginning on the second Sunday in October of
each year as ``National School Lunch Week'' and has requested the
President to issue a proclamation in observance of this week.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim October 11 through October 17, 1998, as
National School Lunch Week. I call upon all Americans to join the
dedicated individuals who lead child nutrition programs at the State and
local levels in appropriate activities and celebrations that promote
these programs.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
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Proclamation 7138 of October 9, 1998
General Pulaski Memorial Day, 1998
By the President of the United States of America
A Proclamation
Two hundred nineteen years ago, General Casimir Pulaski selflessly gave
his life on an American battlefield, far from his native soil, in a
struggle dedicated to the principles of freedom and self-governance.
Each year on October 11, America solemnly marks the anniversary of the
death of this hero, a man whose devotion to liberty recognized no
national boundary.
Born in Poland in 1747, Pulaski first joined the fight against tyranny
and oppression at his father's side, defending their beloved homeland
against Prussian and Imperial Russian aggression. At the age of 21,
Pulaski took command of a detachment of rebel forces and proved his
valor and strategic skill as he led freedom fighters into numerous
battles. Struggling against insurmountable odds, he and his fellow
rebels were ultimately defeated, and Pulaski was forced into exile.
Carrying the cause of freedom to foreign shores, Pulaski came to America
to offer his services to George Washington in our country's struggle for
independence. He wrote to General Washington, ``I came here, where
freedom is being defended, to serve it, and to live or die for it.'' He
proved true to his word. Washington was so impressed with Pulaski's
abilities during the battle of Brandywine Creek that he recommended that
the Continental Congress appoint Pulaski as general of the American
cavalry. Pulaski and the special infantry and cavalry unit he formed
fought bravely at the front lines of the Revolutionary War. And during
the siege of Savannah, Casimir Pulaski gave his life so that our Nation
might live in freedom.
Every year on this date, Americans across our country commemorate
General Pulaski and draw inspiration from his life and the principles
for which he fought. As we reflect on how far liberty and democracy have
advanced across the globe, we know that General Pulaski's gallant and
determined spirit continues to live. It is this very spirit that kept
alive the dream of freedom in the hearts and minds of the Polish people
during the darkest days of Nazi and Communist oppression. Today, thanks
to the enduring resolve and sacrifices of modern heroes following
Pulaski's example, Europe is free, and the United States and Poland, as
staunch friends and future NATO allies, look forward to a new millennium
bright with the prospects of peace and prosperity.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim Sunday, October 11, 1998,
as General Pulaski Memorial Day. I encourage all Americans to
commemorate this occasion with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
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Proclamation 7139 of October 9, 1998
National Children's Day, 1998
By the President of the United States of America
A Proclamation
One of the most important measures of our success as a Nation is the
well-being of our children. As a society, we have no more important
responsibility than to help our families raise healthy, happy, loving
children in an environment that allows kids to reach their full
potential. My Administration is committed to this goal, and we have made
significant progress over the past five and a half years through
initiatives and legislation designed to strengthen families, protect our
children's health, and invest in their education.
By providing a tax credit of $500 per child to 26 million families,
increasing the minimum wage, and cutting taxes through extending the
Earned Income Tax Credit, we have helped millions of working families.
We have dramatically increased Federal funding for child care and
proposed additional subsidies and tax credits to help families pay for
such care.
Through the Family and Medical Leave Act, we have made it easier for
working parents to take as much as 12 weeks of unpaid leave to care for
a new baby or a sick child without jeopardizing their jobs. And the
landmark Adoption and Safe Families Act I signed into law last year
helps the thousands of children in foster care by working to reunite
them with their families, where possible, or move them more quickly into
secure, permanent adoptive families when that is the best option.
To meet our commitment to the health of all our children, we have
extended health care coverage to millions of previously uninsured
children through the Children's Health Insurance Program (CHIP), the
largest national investment in children's health care in more than 30
years. Children with health insurance get a healthier start in life
because they receive regular checkups and routine immunizations. We are
working with the States to ensure that every child eligible for CHIP is
enrolled, and we are focusing on enrolling the more than 4 million
uninsured children who are currently eligible for health coverage under
the Medicaid program.
To empower America's children with the skills and knowledge they need to
make the most of their lives, our Nation has also made the largest
investment in education in more than a generation. Today, more than
800,000 children are enrolled in Head Start, receiving the attention and
training they need to start school ready to learn. We are also working
with the Congress to pass legislation that will provide public schools
with more teachers, smaller class sizes, new or renovated buildings, and
the latest in information technology.
Children are our greatest blessing, and raising them well is the most
challenging and rewarding task any of us will ever undertake. On
National Children's Day, let us recommit ourselves--as loving parents
and caring citizens--to ensure that all of America's children grow up in
truly nurturing environments where their needs are met and where they
have every opportunity to make the most of their lives.
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NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 11, 1998, as
National Children's Day. I urge the American people to express their
love and appreciation for children on this day and on every day
throughout the year. I invite Federal officials, local governments,
communities, and particularly all American families to join together in
observing this day with appropriate ceremonies and activities that honor
our Nation's children. I also urge all Americans to reflect upon the
importance of children to our families, the importance of strong
families to our children, and the importance of each to America.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7140 of October 15, 1998
White Cane Safety Day, 1998
By the President of the United States of America
A Proclamation
The white cane is both a simple tool and a powerful symbol. For people
who are blind or visually impaired, it can be the key to greater
mobility, giving them information about their surroundings and allowing
them to travel safely whether crossing the street or crossing the
country. For those who are sighted, the white cane shows that blind or
visually impaired people have the ability, the desire, and the right to
participate in every aspect of our national life. It is also a reminder
that, whether as pedestrians or drivers, we should respond with care and
courtesy to people using a white cane. And for all of us, the white cane
symbolizes the independence every citizen needs and deserves if he or
she is to contribute fully to society.
Our annual observance of White Cane Safety Day gives us the opportunity
not only to celebrate the accomplishments of those who use the white
cane, but also to renew our commitment to removing those barriers, both
physical and attitudinal, that prevent people with disabilities from
reaching their full potential. Since passage of the Rehabilitation Act,
the Individuals with Disabilities Education Act, the Fair Housing
Amendments Act, the Americans with Disabilities Act (ADA), and the
Telecommunications Act, we have made great progress in our efforts to
ensure that all people with disabilities enjoy equal access to
employment opportunities, education, public accommodations, housing,
transportation, telecommunications, emerging technologies, and other
aspects of our society.
We still have a long way to go, however, before we achieve the full
inclusion, empowerment, and independence of all Americans with
disabilities. The public and private sectors must work in partnership to
raise awareness of the rights protected by the ADA and other laws, as
well as the responsibilities and obligations these laws mandate. It is
crucial that we pursue
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a comprehensive strategy to enable people with all types of disabilities
to obtain and sustain competitive employment in our Nation's thriving
economy. Men and women with disabilities have much to offer, and their
energy, creativity, and hard work can greatly strengthen our Nation and
our economy. As we observe White Cane Safety Day and acknowledge the
importance of the white cane as an instrument of personal freedom, let
us reaffirm our determination to ensure equal opportunity for every
American, including people who are blind or visually impaired.
To honor the many achievements of blind and visually impaired citizens
and to recognize the white cane's significance in advancing
independence, the Congress, by joint resolution approved October 6,
1964, has designated October 15 of each year as ``White Cane Safety
Day.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim October 15, 1998, as White Cane Safety Day.
I call upon the people of the United States, government officials,
educators, and business leaders to observe this day with appropriate
programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7141 of October 16, 1998
National Character Counts Week, 1998
By the President of the United States of America
A Proclamation
As Americans, we are a people full of hope, confident in our capacity to
make life better for ourselves and others. We look forward to the
promise of the future, and we have high goals for the 21st century: to
remain the world's leading force for peace, freedom, prosperity, and
security; to keep the American Dream alive for everyone willing to work
for it; to come together across lines of race, religion, and other
individual differences to become one America. But everything we hope to
accomplish depends, as it always has, on the hearts and minds of the
American people.
One of the greatest building blocks of character is citizen service. We
must do more as individuals and as a society to encourage all
Americans--especially our young people--to share their time, skills,
enthusiasm, and energy with their communities. Whether we teach children
to read, mentor young people, work at a food bank or homeless shelter,
or care for people living with AIDS, citizen service calls forth the
best from each of us. It builds a sense of community, compassion,
acceptance of others, and a willingness to do the right thing--all
hallmarks of character.
We can take great pride today in the numbers of energetic, idealistic
Americans who are participating in service activities across our country
and around the world. Almost 90,000 young men and women have served
their
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communities through AmeriCorps during the past 4 years, tutoring
students, mentoring children, building homes, fighting drug abuse.
Through our America Reads initiative, Americans of all ages are
volunteering their time to help children learn to read independently by
the end of the third grade. Through Learn and Serve America, the
Corporation for National and Community Service encourages America's
schools to add service learning to their curricula so that all
students--from kindergarten through graduate school--can develop their
character, skills, and self-confidence while making their own unique
contributions to the life of their communities. In the National Senior
Service Corps and the Peace Corps, in religious, school, community, and
charitable organizations, Americans strengthen the character of our
Nation by volunteering to improve the quality of life for their fellow
human beings. During National Character Counts Week, let us reaffirm to
our children that the future belongs to those who have the strength of
character to live a life of service to others.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 18 through October
24, 1998, as National Character Counts Week. I call upon the people of
the United States, government officials, educators, religious,
community, and business leaders, and the States to commemorate this week
with appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7142 of October 16, 1998
National Forest Products Week, 1998
By the President of the United States of America
A Proclamation
Our Nation has been blessed with abundant natural resources, and among
the most precious of these are our forests. Because forests cover about
one-third of the land area of the United States, their splendor is not
limited to one region, but is shared by our entire country. All
Americans can experience the variety and beauty of our forests, parks,
and woodlands and share the joys of hiking, camping, bird watching, and
other recreational activities. Likewise, all Americans benefit from the
essentials for life that forests provide: clean water, clean air, soil
stability, pollution reduction, and a rich habitat for plants and
animals. Forests also supply us with products vital to our society and
economy, from building materials to paper products to medicines.
Maintaining the health of our Nation's forests is an important and
delicate task. As we continue to grow, both in terms of population and
in land developed, we put increased pressure on our forests and woodland
areas. In the past, such growth occurred without regard to its impact
and often
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threatened the very existence of our forests and the diverse wildlife
they support. Learning from our mistakes, today we use wise forest
management strategies and careful stewardship to ensure that our forests
will remain both healthy and productive.
Such management requires strong cooperation among private citizens,
government agencies, and the forestry industry. Half of our Nation's
forestlands belong to private landowners, the Federal Government and
State governments own 40 percent, and the forest products industry owns
the remaining 10 percent. All three groups have been working together to
ensure the sustainable development of our forests and woodlands. State
Foresters and Cooperative State Extension Agents, with assistance from
the U.S. Department of Agriculture, play a vital role in this endeavor,
helping private landowners properly manage their forestlands through
technical assistance, educational programs, and voluntary incentives.
Working in partnership, government, industry, and private citizens are
making progress in the vital task of preserving the health of America's
forests and woodlands while providing essential products to the American
people.
To recognize the importance of our forests in ensuring the long-term
welfare of our Nation, the Congress, by Public Law 86-753 (36 U.S.C.
163), has designated the week beginning on the third Sunday in October
of each year as ``National Forest Products Week'' and has authorized and
requested the President to issue a proclamation in observance of this
week.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim October 18 through October 24, 1998, as
National Forest Products Week. I call upon all Americans to observe this
week with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7143 of October 23, 1998
United Nations Day, 1998
By the President of the United States of America
A Proclamation
Every year on October 24, we celebrate the United Nations, a unique
institution conceived in the crucible of World War II. Although the U.N.
is an international body, the term ``United Nations'' was coined by an
American, President Franklin Delano Roosevelt, who vigorously advocated
for the creation of an assembly, composed of representatives from
nations around the globe, devoted to the promotion of world peace and
prosperity.
The member countries of the United Nations are large and small, with
diverse social, cultural, and political values, but each has a voice in
shaping the world's destiny. Maintaining peace and security; promoting
democracy, development, and human rights--this is the noble mission put
forth in the
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U.N. Charter. The U.N. has been effective in fulfilling this formidable
mission, winning Nobel Peace Prizes for its peace-keeping operations,
its promotion of children's and workers' rights, and its assistance to
refugees. The U.N. has also enabled people in more than 45 countries to
participate in free and fair elections by providing electoral advice and
assistance and monitoring results. Its day-to-day operations--supplying
safe drinking water, fighting disease, giving food and shelter to
victims of emergencies and political tumult--have made a difference in
the lives of millions of people around the world.
This year marks the 50th anniversary of the Universal Declaration of
Human Rights, one of the first major achievements of the U.N. The
Declaration has become the standard for international human rights law,
beginning with the uncompromising statement: ``All human beings are born
free and equal in dignity and rights.'' Over the years, the Declaration
has been used countless times in countless ways to advance and defend
human rights. As Secretary General Kofi Annan has stated, ``Human rights
are universal, indivisible, and interdependent and lie at the heart of
all that the United Nations aspires to achieve in peace and
development.''
Despite the U.N.'s extraordinary accomplishments, many challenges lie
before us. Lasting peace can be realized only through wide social and
economic development. Today, three-fourths of the world's people live in
developing countries, and 1.3 billion live in abject poverty. The ever-
widening gap between the world's richest and poorest countries remains
one of our most pressing challenges. The U.N. and its agencies,
including the World Bank and the International Monetary Fund, provide
vital assistance to developing countries through grants and loans of
over $25 billion a year. With the current disruption in the world
financial markets, the U.N. also plays a pivotal role as a stabilizing
force, attracting investment in emerging economies in the developing
world by promoting political stability, transparency, and good
governance. And the U.N. continues to serve the world as an effective
forum for instant consultation and cooperation among governments when
attacking such shared threats as terrorism, drug trafficking,
environmental degradation, and infectious disease.
The United States can best honor and celebrate the good work and many
accomplishments of the United Nations by ensuring its continued strength
and effectiveness. The U.N. has made great strides in streamlining its
programs and cutting its costs. I applaud this progress, and I deeply
regret the failure of this Congress to agree to pay our overdue U.N.
dues. I pledge to work with the next Congress to meet our financial
treaty obligations to the U.N. America played a vital role in the birth
of the United Nations more than 50 years ago, and, if we are to remain
true to our values and goals, we must work constructively with this
great institution and maintain our vote in its deliberations.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim October 24, 1998, as
United Nations Day. I encourage all Americans to acquaint themselves
with the activities and accomplishments of the United Nations and to
observe this day with appropriate ceremonies, programs, and activities
furthering the goal of international cooperation.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7144 of October 29, 1998
National American Indian Heritage Month, 1998
By the President of the United States of America
A Proclamation
American Indians and Alaska Natives--the first Americans--have made
enormous contributions to the life of our country. When the first
Europeans arrived on this continent, they did not find an empty land;
they found instead a land of diverse peoples with a rich and complex
system of governments, languages, religions, values, and traditions that
have shaped and influenced American history and heritage. Generations of
American Indians have served and sacrificed to defend our freedom, and
no segment of our population has sent a larger percentage of its young
men and women to serve in our Armed Forces. But American Indians are not
just an important part of our country's past; they are also a vital part
of today's America and will play an even more important role in
America's future.
There are more than 2 million American Indians living in our country
today, from the hardwood forests of Maine to the Florida Everglades,
across the Great Plains to the Pacific Coast, and throughout the State
of Alaska. Through a variety of innovative enterprises, many tribes are
sharing in the unprecedented prosperity our country enjoys today,
prosperity that is reflected in the construction of community centers,
schools, museums, and other cultural centers. However, many people who
live in Indian Country are caught in a cycle of poverty made worse by
poor health care and a lack of educational and employment opportunity.
If we are to honor the United States Government's long-standing
obligations to Indian tribes, we must do all in our power to ensure that
American Indians have access to the tools and opportunities they need to
make the most of their lives.
As part of this endeavor, my Administration has strengthened the special
government-to-government relationship between the Federal Government and
the sovereign nations of Indian Country, expanded the role of American
Indians and Alaska Natives in the Administration, and sought to increase
educational opportunities and economic development throughout Indian
Country. Earlier this year, I signed an Executive order directing the
Federal Government to work together with tribal and State governments to
improve Native American achievement in math and reading, raise high
school graduation rates, increase the number of Native American youth
attending college, improve science education, and expand the use of
educational technology. We are also striving to boost economic
development in Indian Country by working with tribal governments to meet
their technology infrastructure needs, to coordinate and strengthen
existing Native
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American economic development initiatives, and to help Native Americans
obtain loans more easily for building homes and starting new businesses.
Today's Native Americans are among the youngest segments of our
population--a new, large generation of young people who, if empowered
with the education, skills, opportunity, and encouragement they need to
thrive, can lead Indian Country into a future as bright and promising as
its extraordinary past. As we observe National American Indian Heritage
Month, let us resolve to work together to make that future a reality.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 1998 as National
American Indian Heritage Month. I urge all Americans, as well as their
elected representatives at the Federal, State, local, and tribal levels,
to observe this month with appropriate programs, ceremonies, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7145 of October 29, 1998
National Adoption Month, 1998
By the President of the United States of America
A Proclamation
Every child deserves a safe and loving family. But each year, thousands
of American children grow up without such families, lacking the
stability and sense of permanency they need to thrive. More than 100,000
such children--orphaned, abandoned, abused, or unable to remain at home
for other serious reasons--will need homes in the next few years.
Although foster care provides a good supportive temporary environment
for these children, adoption can provide them with the sustained love
and care of permanent families and can give adults the chance to open
their hearts and homes to a child they will cherish.
My Administration has worked hard both to improve the experience of
children awaiting adoption and to increase their chances of adoption.
Last November, I signed into law the Adoption and Safe Families Act of
1997, which made sweeping changes in our Nation's child welfare system.
This legislation underscores the importance of safety and permanency for
children awaiting adoption and focuses on the urgency of finding
adoptive families. In addition to achieving passage of this landmark
legislation, we have made adoption easier by barring discrimination by
race or ethnicity, by providing a tax credit for newly adoptive parents,
and by ensuring that adoptive parents are covered by the Family and
Medical Leave Act.
We must strengthen such efforts if we are to meet our national goal of
doubling the number of adoptions by the year 2002. In addition, while
adop
[[Page 112]]
tion in America has increased in recent years, more than 25,000 young
Americans each year reach the age of 18 and leave the child welfare
system without permanent homes or families. This statistic tells us that
we still have much to do. We must not only secure the placement of young
children in families, but also move aggressively to place in permanent
families our older children, as well. I have directed the Federal
Government to work with State and local governments to continue
identifying and removing the barriers that prevent young people from
moving from our child welfare system into adoptive families.
Working together--policymakers, government officials, family welfare
agencies, religious and community organizations, and families--we can
make a difference in the lives of thousands of children. My
Administration will continue to support efforts to recruit and
strengthen adoptive families and to shorten the time it takes to move
children from foster care to permanent homes; to reduce the backlogs in
our Nation's juvenile and family court systems; and to promote strong,
supportive adoption programs that meet the needs of every child.
During National Adoption Month, let us recommit ourselves to the goal of
finding a safe, permanent, and loving home for every child in need. Let
us also honor the many caring families across our Nation who have opened
their arms and their hearts to a child through adoption. By making such
a profound and loving commitment to our Nation's most vulnerable
children, they are also making a lasting investment in America's future.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 1998 as National
Adoption Month. I urge all Americans to observe this month with
appropriate programs and activities to honor adoptive families and to
participate in efforts to find permanent, loving homes for waiting
children.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-ninth day of
October, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7146 of November 9, 1998
Veterans Day, 1998
By the President of the United States of America
A Proclamation
This year on Veterans Day, we celebrate the 80th anniversary of the
armistice that finally silenced the guns of World War I. Millions of
brave Americans marched into Europe and into the brutality of trench
warfare to fight that war. Although President Woodrow Wilson recognized
that ``it is a fearful thing to lead this great peaceful people into
war,'' he also realized that it was important to do so ``for the things
which we have always carried nearest our hearts--for democracy, for the
right of those who submit to au
[[Page 113]]
thority to have a voice in their own Governments . . . .'' The veterans
of the First World War accepted this burden and privilege, which
American men and women in uniform have borne throughout the decades and
still bear today.
At Cantigny, St. Mihiel, Chateau-Thierry, Belleau Wood, and the Meuse-
Argonne, American soldiers withstood the onslaughts of the enemy and,
with extraordinary valor and unbending determination, turned the tide of
battle and won a signal victory for democracy. Our Nation has been truly
blessed by the service of these veterans who set an extraordinary
example of courage and devotion to country that inspired the generations
of Americans who followed them into the Armed Forces.
Through two world wars, through long and costly struggles against
aggression in Korea and Vietnam, through conflict in the Persian Gulf,
and in numerous peacekeeping and humanitarian missions, America's
veterans have risked their lives and spilled their blood to keep faith
with our Nation's fundamental values of freedom, democracy, and human
dignity. We owe an enormous debt of gratitude to these patriots, whose
service and sacrifice have allowed us to raise our children in a country
blessed with peace and prosperity and to shape a brighter future for
nations around the world.
In grateful recognition of the contributions of those who have served in
our Armed Forces, the Congress has provided (5 U.S.C. 6103(a)) that
November 11 of each year shall be set aside as a legal public holiday to
honor America's veterans. On Veterans Day, we honor all those who have
served in our Armed Forces, and we remember with deep respect those who
paid the ultimate price for our freedom. America's veterans have
answered the highest calling of citizenship, and they continue to
inspire us with the depth of their patriotism and the generosity of
their service.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim Wednesday, November 11, 1998, as Veterans
Day. I urge all Americans to acknowledge the courage and sacrifice of
our veterans through appropriate public ceremonies and private prayers.
I call upon Federal, State, and local officials to display the flag of
the United States and to encourage and participate in patriotic
activities in their communities. I invite civic and fraternal
organizations, places of worship, schools, businesses, unions, and the
media to support this national observance with suitable commemorative
expressions and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
November, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
[[Page 114]]
Proclamation 7147 of November 17, 1998
National Farm-City Week, 1998
By the President of the United States of America
A Proclamation
Thanks in large part to our Nation's farmers, the quality of life the
American people enjoy today is the envy of the world. Farmers and
ranchers provide us with a safe, abundant, and affordable supply of food
and fiber. American agriculture remains one of our country's most
important and productive industries, generating more than 22 million
jobs and contributing a trillion dollars to the American economy each
year. Today's farmers and ranchers also serve as guardians of our
precious environment. Using modern technology and environmentally
responsible methods, they have improved our Nation's water supply,
worked to reduce soil erosion, and restored thousands of acres of
wetlands.
This remarkable record of achievement would not be possible, however,
without the essential farm-city partnerships that contribute so much to
the productivity of America's farms and ranches. From seed and
fertilizer merchants to agricultural processors, from research
scientists in the laboratory to extension agents in the field, from
shippers and manufacturers to inspectors and grocers, urban and rural
Americans work together to share the bounty of this land with their
fellow citizens and with people around the world.
For more than 40 years, Americans have set aside this special week to
recognize and reflect upon the importance of these partnerships in
sustaining our Nation's strength and prosperity. As we celebrate
Thanksgiving with family and friends, let us remember to count among our
many blessings America's agricultural abundance and the collaboration
between rural and urban communities that has contributed so much to the
quality of our lives.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 20 through
November 26, 1998, as National Farm-City Week. I call upon all
Americans, in rural and urban communities alike, to join in recognizing
the accomplishments of our farmers and all the hardworking individuals
who cooperate to produce a wealth of affordable, quality agricultural
goods that strengthen and enrich our country.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
November, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
[[Page 115]]
Proclamation 7148 of November 17, 1998
Thanksgiving Day, 1998
By the President of the United States of America
A Proclamation
Thanksgiving Day is one of America's most beloved and widely celebrated
holidays. Whether descendants of the original colonists or new citizens,
Americans join with family and friends to give thanks to a provident God
for the blessings of freedom, peace, and plenty.
We are a Nation of people who have come from many countries, cultures,
and creeds. The colonial Thanksgiving at Plymouth in 1621, when the
Pilgrims of the Old World mingled in fellowship and celebration with the
American Indians of the New World, foreshadowed the challenge and
opportunity that such diversity has always offered us: to live together
in peace with respect and appreciation for our differences and to draw
on one another's strengths in the work of building a great and unified
Nation.
And so at Thanksgiving we must also remember to be thankful for the many
contributions each generation of Americans has made to preserve our
blessings. We are thankful for the brave patriots who have fought and
died to defend our freedom and uphold our belief in human dignity. We
are thankful for the men and women who have worked this land throughout
the decades, from the stony farms of New England to the broad wheat
fields of the Great Plains to the fertile vineyards of California,
sharing our country's bounty with their fellow Americans and people
around the world. We are thankful for the leaders and visionaries who
have challenged us through the years to fulfill America's promise for
all our people, to make real in our society our fundamental ideals of
freedom, equality, and justice. We are thankful for the countless quiet
heroes and heroines who work hard each day, raise their families with
love and care, and still find time and energy to make their communities
better places in which to live. Each of us has reason to be proud of our
part in building America, and each of us has reason to be grateful to
our fellow Americans for the success of these efforts.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim Thursday, November 26,
1998, as a National Day of Thanksgiving. I encourage all the people of
the United States to assemble in their homes, places of worship, or
community centers to share the spirit of goodwill and prayer; to express
heartfelt thanks to God for the many blessings He has bestowed upon us;
and to reach out in true gratitude and friendship to our brothers and
sisters across this land who, together, comprise our great American
family.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
November, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
[[Page 116]]
Proclamation 7149 of November 19, 1998
National Great American Smokeout Day, 1998
By the President of the United States of America
A Proclamation
One of the greatest public health threats facing Americans today is
tobacco addiction and all the related health disorders that come with
it. More Americans die every year from tobacco-related diseases than
from AIDS, illegal drugs, alcohol, fires, car accidents, murders, and
suicides combined. Although we have heard for decades the Surgeon
General's warning that smoking kills, each day more than 3,000 young
Americans become regular smokers--and more than 1,000 of them will die
prematurely as a result.
This past April, the Surgeon General issued a new report on tobacco that
underscores the urgent need for comprehensive legislation to reduce
youth smoking. Over the past 6 years, youth smoking has grown by one-
third, increasing by an alarming 80 percent among African American
youth. Currently, more than 36 percent of high school students smoke,
and recent statistics released by the Centers for Disease Control also
reaffirm what we already know: nicotine creates an addiction that is
extremely difficult to overcome. Unfortunately, 86 percent of our young
people who smoke daily and try to quit are unsuccessful, and casual
teenage smokers--even those who smoke as few as three cigarettes a
month--often go on to become regular smokers.
My Administration has worked hard for comprehensive and effective
tobacco legislation that will cut teen smoking. We will continue our
efforts until the Congress has acted to pass such legislation. Our 1999
budget also includes an unprecedented increase in funding for research
at the National Institutes of Health, and the National Cancer Institute
plans to allocate millions of those dollars for research into prevention
and cessation programs to reduce tobacco use.
Each year, the Great American Smokeout gives us the opportunity to do
what we should do every day: raise awareness among all Americans--but
especially among children and teens--of the dangers of smoking. Through
such youth-related promotions as the Great American SmokeScream and the
Great American Smokeout Pledge, we can encourage young people who smoke
to stop, and we can convince those who don't smoke that they should
never start. Adult smokers should also remember the power of personal
example and make a sincere effort to stop smoking on this special day,
taking an important step toward a better, healthier future.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 19, 1998, as
National Great American Smokeout Day. I call upon all Americans to join
together in an effort to educate our children about the dangers of
tobacco use, and I urge both smokers and nonsmokers to take this
opportunity to begin healthier lifestyles that set a positive example
for young people.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
November, in the year of our Lord nineteen hundred and ninety-eight,
[[Page 117]]
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7150 of November 20, 1998
World Fisheries Day, 1998
By the President of the United States of America
A Proclamation
As a coastal Nation, America has a proud fishing heritage, and we have
long benefited from the bounty of the oceans. Generations of our people
have made their living from the sea, fishing for cod off the rocky coast
of New England, shrimp in the Gulf of Mexico, or Pacific salmon along
the West Coast and Alaska. In this Year of the Ocean, it is fitting that
we set aside a special day to celebrate one of our Nation's oldest
industries and the source of so much of our sustenance.
World Fisheries Day is not only an occasion for celebration, it is also
a time to raise awareness of the plight of so many of the world's fish
resources. A recent United Nations study reported that more than two-
thirds of the world's fisheries have been overfished or are fully
harvested and more than one third are in a state of decline because of
factors like the loss of essential fish habitats, pollution, and global
warming.
My Administration is committed to restoring our marine resources and
preserving their diversity through careful stewardship. At the National
Oceans Conference in June of this year, I announced our goal of creating
sustainable fisheries and rebuilding fish stocks by working with
industry to improve fishing practices and technologies that catch only
targeted species, devoting additional resources to fisheries research,
and protecting essential fish habitats. We have also launched the Clean
Water Action Plan that, among other things, reduces the runoff from
farms and city streets that flow into our streams, rivers, and oceans.
While these efforts are important, the United States acting alone cannot
preserve the health of the world's oceans and their marine life. It will
take concerted international action--both at the government level and
from fish harvesters, workers, and consumers themselves--and a
commitment to scientifically based fishing limits to rebuild the world's
fisheries and ensure that future generations will benefit from their
abundance.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the Constitution and laws of the United States, do
hereby proclaim Saturday, November 21, 1998, as World Fisheries Day. I
call upon Government officials, fishing industry professionals,
scientists, environmental experts, and the people of the United States
to observe this day and to recognize the importance of conserving the
world's fisheries, sustaining the health of the oceans, and protecting
their precious and abundant variety of marine life.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
November, in the year of our Lord nineteen hundred and ninety-eight,
[[Page 118]]
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7151 of November 20, 1998
National Family Caregivers Week, 1998
By the President of the United States of America
A Proclamation
As American families enjoy Thanksgiving this year, millions of aging
parents and grandparents or relatives with disabilities will be able to
join these celebrations because of the loving support of family
caregivers. Each day these generous women and men devote their time and
energies to care for family members who can no longer live independently
or who need assistance to remain in the familiar surroundings of their
own homes.
The need for such caregivers in our Nation is growing. We are blessed to
live in a time when medicine and technology have helped us live longer;
as a result, people 85 years of age and older constitute America's
fastest-growing age group. For these older Americans, however, the
blessing of longevity also brings with it an increased likelihood of
disability and chronic disease, reduced physical and mental agility, and
higher risk of injury or illness--all of which create a greater need for
care.
Families across our country have quickly responded to this need, but
often at great financial, physical, and emotional sacrifice. Family
members, working without pay, are the major providers of long-term care
in the United States, and half of all caregivers today are over the age
of 65 and are often themselves in declining health. Women, who tend to
be the primary family caregivers in our society, often must juggle full-
time work and family schedules with their caregiving responsibilities.
The contributions that family caregivers make to our society are best
gauged by the impact they have in improving the quality of life of the
family members for whom they care. Thanks to family caregivers, those
they serve retain a measure of independence, remain with friends and
relatives, and continue making contributions to our Nation.
This week, as we celebrate Thanksgiving and reflect with gratitude on
our many blessings, let us remember to give thanks for the family
caregivers among us whose love and care make life brighter for so many
and whose dedication and generosity contribute so much to the strength
and well-being of our Nation.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim November 22 through
November 28, 1998, as National Family Caregivers Week. I call upon
Government officials, businesses, communities, educators, volunteers,
and the people of the United States to pay tribute to and acknowledge
the heroic efforts of caregivers this special week and throughout the
year.
[[Page 119]]
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
November, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7152 of November 20, 1998
National Family Week, 1998
By the President of the United States of America
A Proclamation
Of all the blessings that Americans enjoy, our families are perhaps the
most precious. It is within the family that we first gain an
understanding of who we are and learn to respect the individuality of
others. It is to our families that we turn for the unconditional love,
acceptance, comfort, and support we need. And it is our families who
teach us how to give that love and support to others, helping us to grow
into strong, caring adults who can contribute to the well-being of our
communities and our world.
In the broad and diverse America of today, families take many different
forms, but they all share a need for security and stability. If we are
to maintain strong families as the cornerstone of our society and our
hope for the future, it is our responsibility as individuals to
strengthen and protect our own families--and it is our responsibility as
Americans to reach out with compassion to help other families in need.
My Administration has worked hard to help provide America's families
with the tools they need to thrive. Our economic policies have brought
dignity, security, and opportunity to millions of families by creating
new jobs and reducing unemployment.
The most important work, however, is always done in the hearts and homes
of individuals. During this week, I encourage all Americans to reflect
upon the many blessings of family life and to join in our national
effort to promote strong, loving families across our country. By
strengthening and supporting the American family, we are ensuring that
the future will be bright for our children, our Nation, and the world.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
the laws of the United States, do hereby proclaim November 22 through
November 28, 1998, as National Family Week. I call upon Federal, State,
and local officials to honor American families with appropriate programs
and activities. I encourage educators, community organizations, and
religious leaders to celebrate the strength and values we draw from
family relationships, and I urge all the people of the United States to
reaffirm their own family ties and to reach out to other families in
friendship and goodwill.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
November, in the year of our Lord nineteen hundred and ninety-eight,
[[Page 120]]
and of the Independence of the United States of America the two hundred
and twenty-third.
WILLIAM J. CLINTON
Proclamation 7153 of December 1, 1998
World AIDS Day, 1998
By the President of the United States of America
A Proclamation
On World AIDS Day, we are heartened by the knowledge that our
unprecedented investments in AIDS research have resulted in new
treatments that are prolonging the lives of many people living with the
disease. Thousands of scientists, health care professionals, and
patients themselves have joined together to advance our understanding of
HIV and AIDS and improve treatment options. Because of the heroic
efforts of these people, fewer and fewer Americans are losing their
lives to AIDS, and for that we are immensely thankful.
But the AIDS epidemic is far from over. Within racial and ethnic
minority communities, HIV and AIDS are a severe and ongoing crisis.
While the number of deaths in our country attributed to AIDS has
declined for 2 consecutive years, AIDS remains the leading killer of
African American men aged 25-44 and the second leading killer of African
American women in the same age group. African Americans, who comprise
only 13 percent of the U.S. population, accounted for 43 percent of new
AIDS cases in 1997 and 36 percent of all AIDS cases. Hispanic Americans
represent just 10 percent of our population, but they account for more
than 20 percent of new AIDS cases; and AIDS is also becoming a critical
concern to Native American and Asian American communities. Young people
of every racial and ethnic community are also disproportionately
impacted by AIDS, both in the number of new AIDS cases and in the number
of new HIV infections. In fact, the Centers for Disease Control and
Prevention estimate that approximately half of all new HIV infections in
the United States occur in people under age 25 and that one-quarter
occur in people under age 22.
Across the world, the situation is even more grim. As with other
epidemics before it, AIDS hits hardest in areas where knowledge about
the disease is scarce and poverty is high. Of the nearly 6 million
people newly infected with HIV each year, more than 90 percent live in
the poorest nations of the world. Entire communities are threatened by
this epidemic, and the growing number of children who will lose parents
to AIDS will have a devastating impact on these societies. By the year
2010, there may be as many as 40 million children who will have been
orphaned by AIDS, and developing nations will have to struggle to deal
with the overwhelming needs of a generation of young people left without
parents.
This year's World AIDS Day theme, ``Be A Force For Change,'' is a
reminder that each of us has a role to play in bringing the AIDS
epidemic to an end. Our response must be comprehensive and ongoing. It
must also be a collaborative one, bringing together governments and
communities in a shared effort to expand prevention efforts, raise
awareness among young
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people of the risks of HIV infection and how to avoid it, increase
access to lifesaving therapies, and ensure that those who are living
with HIV and AIDS receive the care and services they need.
Developing a vaccine for HIV is perhaps our best hope of eradicating
this terrible disease and stemming the tide of pain and desolation it
has wrought. The global community has joined together in making the
development of an HIV vaccine a top international priority. Within the
next decade, we hope to have the means to stop this deadly virus, but
until we reach that day we must remain strong in our crusade to prevent
the spread of HIV and AIDS and to care for those living with the
disease. In this way we can best honor the memory of the many loved ones
we have lost to AIDS.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim December 1, 1998, as World
AIDS Day. I invite the Governors of the States, the Commonwealth of
Puerto Rico, officials of the other territories subject to the
jurisdiction of the United States, and the American people to join me in
reaffirming our commitment to defeating HIV and AIDS. I encourage every
American to participate in appropriate commemorative programs and
ceremonies in workplaces, houses of worship, and other community centers
and to reach out to protect and educate our children and to help and
comfort all people who are living with HIV and AIDS.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7154 of December 3, 1998
To Terminate Temporary Duties on Imports of Broom Corn Brooms
By the President of the United States of America
A Proclamation
1. On July 2, 1996, the United States International Trade Commission
(``USITC'') made an affirmative determination in its investigation under
section 202 of the Trade Act of 1974, as amended (``Trade Act'') (19
U.S.C. 2252), with respect to imports of broom corn brooms provided for
in heading 9603 of the Harmonized Tariff Schedule of the United States
(``HTS''). Under section 202 of the Trade Act, the USITC determined that
such brooms were being imported into the United States in such increased
quantities as to be a substantial cause of serious injury to the
domestic industry producing a like or directly competitive article.
Further, pursuant to section 311(a) of the North American Free Trade
Agreement Implementation Act (``the NAFTA Implementation Act'') (19
U.S.C. 3371(a)), the USITC found that imports of such brooms produced in
Mexico, considered individually, accounted for a substantial share of
total imports of broom corn brooms
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and contributed importantly to the serious injury caused by imports, but
that such brooms produced in Canada did not so account or contribute.
The USITC's determination and its recommendations to address the serious
injury were reported to me on August 1, 1996.
2. On November 28, 1996, pursuant to section 203 of the Trade Act (19
U.S.C. 2253), I issued Proclamation 6961, which temporarily increased or
imposed duties on imported brooms (except whisk brooms), wholly or in
part of broom corn and provided for in HTS subheading 9603.10.50 and,
with respect to imports that exceeded certain specified annual levels,
HTS subheading 9603.10.60. The increase in, or imposition of, duties was
made effective for a three-year period for imports from all countries,
except Canada and Israel and developing countries that account for less
than three percent of the relevant imports over a recent representative
period. Pursuant to section 203(a)(1)(A) of the Trade Act (19 U.S.C.
2253(a)(1)(A)), I determined that this action would facilitate efforts
by the domestic industry to make a positive adjustment to import
competition and would provide greater economic and social benefits than
costs. On January 27, 1997, I issued Proclamation 6969, making certain
technical corrections to the HTS provisions covered by Proclamation
6961.
3. On May 11, 1998, acting under my delegation of authority, and
pursuant to section 332(g) of the Tariff Act of 1930 (19 U.S.C.
1332(g)), the United States Trade Representative asked the USITC to
provide a report on developments with respect to the domestic broom corn
broom industry since November 28, 1996, including the progress and
specific efforts made by workers and firms in the industry to make a
positive adjustment to import competition. The USITC report in
Investigation Number 332-394, issued August 10, 1998, has been provided
to me.
4. Following issuance of the USITC report, I received advice from the
Secretary of Commerce and the Secretary of Labor, as well as from other
interested agencies, regarding the effectiveness of efforts undertaken
by the domestic broom corn broom industry to make a positive adjustment
to import competition.
5. Section 204(b)(1)(A) of the Trade Act (19 U.S.C. 2254(b)(1)(A))
authorizes the President to reduce, modify, or terminate a safeguard
action if, after taking into account any report or advice submitted by
the USITC and receiving advice from the Secretary of Commerce and the
Secretary of Labor, the President determines that changed circumstances
warrant the reduction, modification, or termination. The President's
determination may be made, inter alia, on the basis that the domestic
industry has not made adequate efforts to make a positive adjustment to
import competition. Under section 201(b) of the Trade Act (19 U.S.C.
2251(b)), a positive adjustment occurs when the domestic industry is
able to compete successfully with imports after the termination of the
import relief or when the domestic industry experiences an orderly
transfer of resources to other productive pursuits, and when dislocated
workers in the industry experience an orderly transition to productive
pursuits.
6. In view of the information provided in the USITC's report, and based
on advice from the Secretary of Commerce and the Secretary of Labor, I
find that the broom corn broom industry has not made adequate efforts to
make a positive adjustment to import competition. Accordingly, I have
determined pursuant to section 204(b)(1)(A) of the Trade Act that
termination
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of the action I took under section 203 of that Act with respect to broom
corn broom imports is warranted.
7. Section 604 of the Trade Act (19 U.S.C. 2483), authorizes the
President to embody in the HTS the substance of the relevant provisions
of that Act, and of other Acts affecting import treatment, and actions
thereunder, including the removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, acting under the authority vested in me by the Constitution and
the laws of the United States, including, but not limited to, sections
204 and 604 of the Trade Act, do proclaim that:
(1) The HTS is modified as provided in the Annex to this
proclamation.
(2) Any provisions of previous proclamations and Executive orders
that are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
(3) The modifications to the HTS made by this proclamation shall be
effective with respect to goods entered, or withdrawn from warehouse for
consumption, on or after the date specified in the Annex hereto.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
ANNEX
Modifications to the Harmonized Tariff Schedule of the United States
Effective with respect to goods entered, or withdrawn from warehouse for
consumption, on or after the date of signature of this proclamation,
chapters 96 and 99 of the Harmonized Tariff Schedule of the United
States are hereby modified as follows:
a. Subheading 9603.10.50 is modified by inserting in alphabetical
sequence in the parenthetical expression in column 1-special the symbol
``,MX''.
b. Subheadings 9903.96.01 through 9903.96.19, inclusive, and any
superior text related thereto are deleted.
c. Subheading 9906.96.02 is modified by striking ``32.5%'' from column
1-special and by inserting in lieu thereof ``22.4%''. The provisions of
Presidential Proclamation 6961 suspending previously proclaimed
concessions regarding brooms, wholly or in part of broom corn, that are
goods of Mexico under the terms of general note 12 to the tariff
schedule are terminated, and all such previously proclaimed concessions,
under Proclamation 6641 of December 15, 1993, shall be implemented as
scheduled in such Proclamation.
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Proclamation 7155 of December 4, 1998
National Drunk and Drugged Driving Prevention Month, 1998
By the President of the United States of America
A Proclamation
For most Americans, driving an automobile has become a practical
necessity. Whether in an urban, suburban, or rural setting, the daily
routine of modern life requires that we have access to reliable and
affordable transportation from our homes to our offices, schools,
shopping, and elsewhere. But the right to drive a vehicle brings with it
the responsibility to drive safely. A fundamental part of this
responsibility is the need to stay free from alcohol and drugs when
driving. Driving under the influence of alcohol or mind-altering drugs
can turn an automobile into a lethal weapon.
The Department of Transportation released some encouraging data earlier
this year regarding injuries and fatalities caused by drunk or drugged
drivers. The number of Americans killed in alcohol-related crashes last
year dropped to an all-time low, representing a decline of more than 30
percent since 1982. Drunk-driving deaths accounted for less than 40
percent of all traffic deaths, and alcohol-related fatalities among 15-
to 20-year-olds dropped by 5 percent last year alone. We have achieved
this progress because of stronger laws, tougher enforcement, and
increased public awareness. These statistics also reflect the
effectiveness of the legislation I fought for and signed into law 3
years ago to help ensure zero tolerance for underage drinking and
driving.
But there is more we must do. Last year, more than 16,000 Americans lost
their lives to impaired driving, and hundreds of thousands more were
injured. Research shows that the risk of being involved in a fatal car
crash is 11 times greater when drivers have a blood alcohol content
(BAC) exceeding .08. By passing a tough national standard of impaired
driving at .08 BAC--an important measure I continue to challenge the
Congress to enact--we could save additional lives. At my direction, the
Secretary of Transportation developed a plan to make .08 BAC the
standard on Federal property, such as national parks and military bases,
and included in his plan a strategy to raise public awareness of the
risks associated with drinking and driving. Federal agencies currently
are implementing the Secretary's recommendations.
In memory of the thousands who have lost their lives to drunk and
drugged drivers, I ask all motorists to participate in ``National Lights
on for Life Day'' on Friday, December 18, 1998, by driving with vehicle
headlights illuminated. By doing so, we will call attention to this
critical national problem and remind others on the road of the
responsibility to drive free of the influence of drugs and alcohol.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim December 1998 as National
Drunk and Drugged Driving Prevention Month. I urge all Americans who
drive to take responsibility for themselves, their loved ones, guests,
and passengers; to stop anyone under the influence of alcohol or
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mind-altering drugs from getting behind the wheel; and to help teach our
young people safe and alcohol- and drug-free driving behavior.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7156 of December 4, 1998
National Pearl Harbor Remembrance Day, 1998
By the President of the United States of America
A Proclamation
Fifty-seven years ago, at 7:55 on Sunday morning, December 7, 1941,
Imperial Japan launched a surprise attack on American forces at Pearl
Harbor, thrusting the United States into the crucible of World War II.
From the vantage point of history, we now know that the events of that
day would transform our Nation and the course of world history.
Attacking in two waves, Japanese aircraft killed or wounded almost 3,600
Americans--over 1,000 of them aboard the battleship ARIZONA--sank or
badly damaged most of our Pacific Fleet, and destroyed or damaged almost
all U.S. aircraft in the area. In his historic speech to the Congress on
the following day, President Franklin Roosevelt requested and the
Congress approved a declaration of war against Japan. With
characteristic optimism and confidence in the spirit of the American
people, he predicted that ``No matter how long it may take us . . . the
American people in their righteous might will win through to absolute
victory.''
President Roosevelt proved to be right, although he would not live to
see the ultimate triumph of freedom. After almost 4 long years of
struggle and sacrifice by the men and women of our Armed Forces,
sustained by the prayers of their families and the efforts of determined
working men and women throughout our land who built our Nation into the
``Arsenal of Democracy,'' the United States and our allies prevailed
over the forces of fascism and oppression.
To understand and appreciate the magnitude of our victory in World War
II, we have only to remember Pearl Harbor. We have only to remember the
indomitable spirit of the American forces there who, despite the death
and destruction engulfing them, individually and collectively responded
with courage and selflessness. We remember the sailors who raced to
their battle stations and opened fire on the attacking Japanese planes
even as their ships were ablaze and sinking. We remember the small,
valiant band of Army pilots who managed to take off during the second
wave of bombing and, though hopelessly outnumbered, shot down several
enemy aircraft. We remember the crew of the crippled OKLAHOMA cheering
their comrades on the NEVADA as she made a desperate dash down the
harbor channel to safety. These heroes of Pearl Harbor were an
inspiration to our entire country--and they remain so today. It is
fitting that each year, on
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this day, we remember them and give thanks for their courage, their
sacrifice, and their refusal to be defeated. Because of them, and the
millions of other Americans like them who have served our Nation in
uniform, America is free, strong, and at peace.
To pay tribute to these heroes and to honor our solemn obligation to
those who sacrificed their lives to defend our freedom that fateful
Sunday morning, the Congress, by Public Law 103-308, has designated
December 7, 1998, as ``National Pearl Harbor Remembrance Day.''
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim December 7, 1998, as National Pearl Harbor
Remembrance Day. I urge all Americans to observe this day with
appropriate programs, ceremonies, and activities in honor of the
Americans who served at Pearl Harbor. I also ask all Federal departments
and agencies, organizations, and individuals to fly the flag of the
United States at half-staff on this day in honor of those Americans who
died as a result of the attack on Pearl Harbor.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7157 of December 7, 1998
Death of Albert Gore, Sr.
By the President of the United States of America
A Proclamation
Albert Gore, Sr., was the embodiment of everything public service ought
to be. The Nation has lost a great patriot and a true role model for
young people everywhere.
As a mark of respect for the memory of Albert Gore, Sr., former Senator
from the State of Tennessee, I hereby order, by the authority vested in
me as President by the Constitution and the laws of the United States of
America, that the flag of the United States shall be flown at half-staff
upon all public buildings and grounds, at all military posts and naval
stations, and on all naval vessels of the Federal Government in the
District of Columbia and throughout the United States and its
Territories and possessions on Tuesday, December 8, 1998. I also direct
that the flag shall be flown at half-staff on that day at all United
States embassies, legations, consular offices, and other facilities
abroad, including all military facilities and naval vessels and
stations.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
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Proclamation 7158 of December 10, 1998
Human Rights Day, Bill of Rights Day, and Human Rights Week, 1998
By the President of the United States of America
A Proclamation
Thanks to the foresight of our Founding Fathers and their commitment to
human rights, we live in a Nation founded upon the principles of
equality, justice, and freedom--principles guaranteed to us by our
Constitution. With the memory of tyranny fresh in their minds, the
members of the First Congress of the United States proposed
constitutional amendments known as the Bill of Rights, making explicit
and forever protecting our Nation's cherished freedoms of religion,
speech, press, and assembly.
But human rights have never been solely a domestic concern. Americans
have always sought to share these rights with oppressed people around
the world. In his annual message to the Congress, on January 6, 1941,
President Franklin Delano Roosevelt articulated this desire: ``In the
future days, which we seek to make secure, we look forward to a world
founded upon four essential human freedoms. The first is freedom of
speech and expression--everywhere in the world. The second is freedom of
every person to worship God in his own way--everywhere in the world. The
third is freedom from want . . . . The fourth is freedom from fear . . .
anywhere in the world . . . . The world order which we seek is the
cooperation of free countries, working together in a friendly, civilized
society.''
Fifty years ago, on December 10, 1948, the world reached a major
milestone toward FDR's vision when the United Nations adopted the
Universal Declaration of Human Rights. This Declaration--drafted by the
U.N. Commission on Human Rights under the leadership of Eleanor
Roosevelt--established an international standard that recognized the
``inherent dignity'' and the ``equal and inalienable rights of all
members of the human family . . . .'' It denounced past ``disregard and
contempt for human rights [that] have resulted in barbarous acts which
have outraged the conscience of mankind . . . .''
Today, a majority of the world's people live in democracies and
exercise their right to freely choose their own governments.
International war crimes tribunals seek justice for victims and their
families by working to ensure that war crimes, crimes against humanity,
and genocide do not go unpunished. And we are heartened by the progress
toward peace made in Northern Ireland, the Middle East, and elsewhere,
which advances the cause of human rights. But there are still many areas
where human rights abuses are committed with impunity--unchecked and
unpunished.
To reaffirm our Nation's unequivocal commitment to upholding human
rights, today I am issuing an Executive order to create an interagency
working group to help enforce the human rights treaties we have already
ratified and to make recommendations on treaties we have yet to ratify.
In addition, my Administration is working to establish a genocide early
warning center and to fund nongovernmental organizations that respond
rapidly in human rights emergencies. The Department of State is working
to provide additional assistance for Afghan women and girls under the
oppressive rule of
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the Taliban. We are also supporting the work of the International Labor
Organization in its efforts to eliminate child labor. Finally, the
Immigration and Naturalization Service is issuing guidelines on how to
handle cases where children seek asylum in the United States.
This year, as we come together to celebrate the Declaration's 50th
anniversary, let us not forget the driving force behind its creation. We
are grateful that Eleanor Roosevelt brought her prodigious energies and
talents to this task. And it is fitting that we have established the
Eleanor Roosevelt Award for Human Rights, honoring others for their
important contributions to protecting human rights around the world.
Eleanor Roosevelt once said that ``the future belongs to those who
believe in the beauty of their dreams.'' Her accomplishments serve as an
inspiration to us all, and each of us can play a part in preserving and
promoting her enduring legacy. Let us each embrace the Declaration's
promise by striving to uphold its principles and defending the rights it
embodies.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim December 10, 1998, as
Human Rights Day; December 15, 1998, as Bill of Rights Day; and the week
beginning December 10, 1998, as Human Rights Week. I call upon the
people of the United States to celebrate these observances with
appropriate activities, ceremonies, and programs that demonstrate our
national commitment to the Bill of Rights, the Universal Declaration of
Human Rights, and the promotion and protection of human rights for all
people.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7159 of December 11, 1998
National Children's Memorial Day, 1998
By the President of the United States of America
A Proclamation
There is nothing more devastating to a family than the death of a child.
Each year, thousands of America's families face this tragedy, losing
their children to illness, injury, or accident. Our whole society
experiences this loss as well, for we are all diminished by the death of
every one of our young people, whose love, laughter, talents, and
achievements bring so much joy to our lives and so much promise to our
future.
The holiday season is an especially painful time for parents who have
lost a child, so it is fitting that we set aside a special day during
this month to acknowledge the grief of these families and to pay tribute
to the lives and memories of their children. On National Children's
Memorial Day, let us all reach out, whether as individuals or as members
of caring commu
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nities, to offer bereaved families the compassion, support, and
understanding they need to begin the process of healing.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
laws of the United States, do hereby proclaim December 13, 1998, as
National Children's Memorial Day. I call upon the American people to
observe this day with appropriate programs and activities in remembrance
of the infants, children, teenagers, and young adults who have died and
to bring comfort to their families.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7160 of December 17, 1998
Wright Brothers Day, 1998
By the President of the United States of America
A Proclamation
On a December morning 95 years ago, over the windswept sands of Kitty
Hawk, North Carolina, Orville and Wilbur Wright turned humanity's age-
old dream of powered flight into reality. The two brothers, bicycle
mechanics by trade and visionaries by nature, had worked painstakingly
for years to construct the first power-driven craft that was heavier
than air and capable of controlled, sustained flight. After persevering
through many trials and discouraging setbacks, they made their fourth
trip to Kitty Hawk in 1903 and, on December 17, with Orville at the
controls and Wilbur running alongside, their airplane took flight and
took us into a new era. The achievement of the Wright brothers was not
only a great personal success and a vindication of years of creative
effort and methodical experimentation--it was also a feat of historic
significance for the future of humankind.
Almost a century later, the same passion and power of imagination that
spurred the Wright brothers are fueling the dreams of a new generation
of Americans. From John Glenn's second historic space flight to the
construction of the International Space Station, we continue to open new
frontiers and expand our horizons. Just as the Wright brothers'
inventions and achievements created a new industry and revolutionized
transportation, commerce, and communication, today's missions into space
hold great promise for the development of new technologies and
industries to benefit all humanity and strengthen our hopes for lasting
peace and prosperity for nations across the globe.
This November, I was pleased to sign into law the Centennial of Flight
Commemoration Act, which establishes a commission to coordinate the
celebration in 2003 of the 100th anniversary of the Wright brothers'
first flight. The commission's activities will raise public awareness of
the enor
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mous contributions of the Wright brothers to human progress; remind the
world of the triumph of American ingenuity, inventiveness, and diligence
in developing new technologies; and inspire all Americans to recognize
that the daring, creativity, and spirit of adventure reflected in the
achievement of the Wright brothers will be crucial to the success of our
Nation in the 21st century.
The Congress, by a joint resolution approved December 17, 1963 (77 Stat.
402; 36 U.S.C. 169), has designated December 17 of each year as ``Wright
Brothers Day'' and has authorized and requested the President to issue
annually a proclamation inviting the people of the United States to
observe that day with appropriate ceremonies and activities.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, do hereby proclaim December 17, 1998, as Wright Brothers Day.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
Proclamation 7161 of December 23, 1998
Extending United States Copyright Protections to the Works of the
Socialist Republic of Vietnam
By the President of the United States of America
A Proclamation
Section 104(b)(5) of title 17 of the United States Code provides that
when the President finds that a particular foreign nation extends, to
works by authors who are nationals or domiciliaries of the United States
of America or to works first published in the United States, copyright
protection on substantially the same basis as that on which the foreign
nation extends protection to works of its own nationals and
domiciliaries and works first published in that nation, the President
may by proclamation extend protection under that title to works of which
one or more of the authors is, on the date of first publication, a
national, domiciliary, or sovereign authority of that nation, or which
are first published in that nation. Section 104A(g) of title 17 of the
United States Code provides that when the President finds that a
particular foreign nation extends, to works by authors who are nationals
or domiciliaries of the United States, restored copyright protection on
substantially the same basis as provided under that section, the
President may by proclamation extend the restored protection provided
under that section to any work of which one or more of the authors is,
on the date of first publication, a national, domiciliary, or sovereign
authority of that nation, or which was first published in that nation.
Satisfactory assurances have been received that as of the date of entry
into force, December 23, 1998, of the Agreement between the Government
of the United States of America and the Government of the Socialist
Republic of
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Vietnam on the Establishment of Copyright Relations (the ``Copyright
Agreement''), Vietnam will extend, to works of United States nationals
and domiciliaries and works first published in the United States,
copyright protection in the Socialist Republic of Vietnam on
substantially the same basis as works of Vietnamese nationals and
domiciliaries and works first published in Vietnam, and that Vietnam
will extend, to works by authors who are nationals or domiciliaries of
the United States, restored copyright protection on substantially the
same basis as provided under section 104A of title 17 of the United
States Code.
NOW, THEREFORE, I, WILLIAM J. CLINTON, President of the United States of
America, by the authority vested in me by section 104(b)(5) and section
104A(g) of title 17 of the United States Code, do declare and proclaim
that, as of the date of entry into force of the Copyright Agreement, the
conditions specified in section 104(b)(5) and section 104A(g) of title
17 of the United States Code have been satisfied in the Socialist
Republic of Vietnam with respect to works of which one or more of the
authors is, on the date of first publication, a national or domiciliary
of the United States of America, or which are first published in the
United States, and that as of the date of entry into force of the
Copyright Agreement, works of which one or more of the authors is, on
the date of first publication, a national, domiciliary, or sovereign
authority of Vietnam, or which are first published in Vietnam, are
entitled to copyright protection and restored copyright protection under
title 17 of the United States Code.
I hereby request the Secretary of State to notify the Government of the
Socialist Republic of Vietnam that the date on which works of which one
or more of the authors is, on the date of first publication, a national,
domiciliary, or sovereign authority of Vietnam, or which are first
published in Vietnam, are entitled to copyright protection and restored
copyright protection under title 17 of the United Sates Code is December
23, 1998, the date on which the Copyright Agreement enters into force.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
December, in the year of our Lord nineteen hundred and ninety-eight, and
of the Independence of the United States of America the two hundred and
twenty-third.
WILLIAM J. CLINTON
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________________________________________________________________________
EXECUTIVE ORDERS
________________________________________________________________________
Executive Order 13072 of February 2, 1998
White House Millennium Council
By the authority vested as me as President by the Constitution and the
laws of the United States of America, and in order to announce the
formation of a Council to recognize national and local projects that
commemorate the millennium, it is hereby ordered as follows:
Section 1. Policy. The White House, the Department of Education, and all
executive branch agencies shall lead the country in a national and
educational celebration of our culture, democracy, and citizenry. The
Federal Government has a special responsibility to inspire the American
people to reflect upon and commemorate the achievements of this
country's past and to celebrate the possibilities of the future. To
carry forward this country's great democratic tradition and enrich the
lives of our children and the children of the 21st century, the Federal
Government shall encourage Americans to make plans to mark the new
millennium in communities across America. By leading this country in a
grand educational celebration of the past and future, the Federal
Government has an unprecedented opportunity to energize and unite the
Nation with a renewed sense of optimism in the accomplishments and
promise of America.
Sec. 2. White House Millennium Council. (a) To enable the White House,
the Department of Education, and executive branch agencies to provide
national leadership in this historic time, I hereby announce the
formation of the White House Millennium Council.
(b) The White House Millennium Council shall be composed of a
Director, Deputy Director, administrative staff, and a representative
from each of the following:
(1) Department of State;
(2) Department of the Treasury;
(3) Department of Defense;
(4) Department of Justice;
(5) Department of the Interior;
(6) Department of Agriculture;
(7) Department of Commerce;
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(8) Department of Labor;
(9) Department of Health and Human Services;
(10) Department of Housing and Urban Development;
(11) Department of Transportation;
(12) Department of Energy;
(13) Department of Education;
(14) Department of Veterans Affairs;
(15) Environmental Protection Agency;
(16) Office of Management and Budget;
(17) Small Business Administration;
(18) United States Information Agency; and
(19) General Services Administration.
At the Director's discretion, the Director may request other agencies to
be represented on the Council.
(c) The mission of the Council is to lead the country in a
celebration of the new millennium by initiating and recognizing national
and local projects that contribute in educational, creative, and
productive ways to America's commemoration of this historic time. To
these ends, the Council shall:
(1) Mark the 200th anniversary of the occupancy of the White House by American Presidents, the 200th
anniversary of the establishment of the Federal capital city in Washington, D.C., and the 200th
anniversary of the first meeting of the Congress in the Capitol, celebrating these events in the year 2000
as milestones in our democratic system of government;
(2) Plan events to recognize the history and past accomplishments of America that reflect upon the present
forces shaping society and that encourage thoughtful planning for the future;
(3) Produce informational and resource materials to educate the American people concerning our Nation's past
and to inspire thought concerning the future;
(4) Encourage communities and citizens to initiate and to participate in local projects that inspire Americans
to remember their past achievements, understand the present challenges to society, and make concrete
contributions to the next generations of their families, communities, and country;
(5) Work with Federal agencies, the Congress, elected officials, and all citizens to plan activities and
programs that will unite the American people in contemplation and celebration of the next century and the
new millennium;
(6) Make recommendations to the Secretary of the Interior regarding the provision of assistance from funds made
available for Save America's Treasures in the Historic Preservation Fund to public and private entities
that are protecting America's threatened cultural treasures. These treasures include significant
documents, works of art, maps, journals, and historic structures that document and illuminate the history
and culture of the United States;
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(7) Encourage Federal agencies to develop programs to commemorate and celebrate the new millennium in ways
consistent with their individual agency missions and that advance a more unified America in the 21st
century;
(8) Encourage Federal agencies, through local branches and offices, to reach out into communities and inspire
citizens to participate in grassroots activities and to give permanent gifts to the future;
(9) Work in partnership with private-sector and nonprofit entities that initiate productive and worthwhile
national and community-based efforts to commemorate the new millennium and encourage citizen
participation, volunteerism, and philanthropy;
(10) Highlight public and private millennium initiatives that promote the goals of the Council; and
(11) Cooperate with other nations that are planning millennium events to expand the opportunities for
international communication and understanding.
Sec. 3. Administration. To the extent permitted by law, the heads of
executive departments and agencies shall provide such information and
assistance as may be necessary for the Council to carry out its
functions.
Sec. 4. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any other
person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
February 2, 1998.
Executive Order 13073 of February 4, 1998
Year 2000 Conversion
The American people expect reliable service from their Government and
deserve the confidence that critical government functions dependent on
electronic systems will be performed accurately and in a timely manner.
Because of a design feature in many electronic systems, a large number
of activities in the public and private sectors could be at risk
beginning in the year 2000. Some computer systems and other electronic
devices will misinterpret the year ``00'' as 1900, rather than 2000.
Unless appropriate action is taken, this flaw, known as the ``Y2K
problem,'' can cause systems that support those functions to compute
erroneously or simply not run. Minimizing the Y2K problem will require a
major technological and managerial effort, and it is critical that the
United States Government do its part in addressing this challenge.
Accordingly, 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. (a) It shall be the policy of the executive branch
that agencies shall:
(1) assure that no critical Federal program experiences disruption
because of the Y2K problem;
[[Page 136]]
(2) assist and cooperate with State, local, and tribal governments
to address the Y2K problem where those governments depend on Federal
information or information technology or the Federal Government is
dependent on those governments to perform critical missions;
(3) cooperate with the private sector operators of critical national
and local systems, including the banking and financial system, the
telecommunications system, the public health system, the transportation
system, and the electric power generation system, in addressing the Y2K
problem; and
(4) communicate with their foreign counterparts to raise awareness
of and generate cooperative international arrangements to address the
Y2K problem.
(b) As used in this order, ``agency'' and ``agencies'' refer to
Federal agencies that are not in the judicial or legislative branches.
Sec. 2. Year 2000 Conversion Council. There is hereby established the
President's Council on Year 2000 Conversion (the ``Council'').
(a) The Council shall be led by a Chair who shall be an Assistant to
the President, and it shall be composed of one representative from each
of the executive departments and from such other Federal agencies as may
be determined by the Chair of the Council (the ``Chair'').
(b) The Chair shall appoint a Vice Chair and assign other
responsibilities for operations of the council as he or she deems
necessary.
(c) The Chair shall oversee the activities of agencies to assure
that their systems operate smoothly through the year 2000, act as chief
spokesperson on this issue for the executive branch in national and
international fora, provide policy coordination of executive branch
activities with State, local, and tribal governments on the Y2K problem,
and promote appropriate Federal roles with respect to private sector
activities in this area.
(d) The Chair and the Director of the Office of Management and
Budget shall report jointly at least quarterly to me on the progress of
agencies in addressing the Y2K problem.
(e) The Chair shall identify such resources from agencies as the
Chair deems necessary for the implementation of the policies set out in
this order, consistent with applicable law.
Sec. 3. Responsibilities of Agency Heads. (a) The head of each agency
shall:
(1) assure that efforts to address the Y2K problem receive the
highest priority attention in the agency and that the policies
established in this order are carried out; and
(2) cooperate to the fullest extent with the Chair by making
available such information, support, and assistance, including
personnel, as the Chair may request to support the accomplishment of the
tasks assigned herein, consistent with applicable law.
(b) The heads of executive departments and the agencies designated
by the Chair under section 2(a) of this order shall identify a
responsible official to represent the head of the executive department
or agency on the Council with sufficient authority and experience to
commit agency resources to address the Y2K problem.
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Sec. 4. Responsibilities of Interagency and Executive Office Councils.
Interagency councils and councils within the Executive Office of the
President, including the President's Management Council, the Chief
Information Officers Council, the Chief Financial Officers Council, the
President's Council on Integrity and Efficiency, the Executive Council
on Integrity and Efficiency, the National Science and Technology
Council, the National Performance Review, the National Economic Council,
the Domestic Policy Council, and the National Security Council shall
provide assistance and support to the Chair upon the Chair's request.
Sec. 5. Judicial Review. This Executive order is intended only to
improve the internal management of the executive branch and does not
create any right or benefit, substantive or procedural, enforceable at
law or equity by a party against the United States, its agencies, or
instrumentalities, its officers or employees, or any other person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
February 4, 1998.
Executive Order 13074 of February 9, 1998
Amendment to Executive Order 12656
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to reflect the
appropriate allocation of funding responsibilities for Noncombatant
Evacuation Operations, it is hereby ordered that Executive Order 12656
is amended by adding a new section 501(16) to read as follows:
``Subject to the direction of the President, and pursuant to
procedures to be developed jointly by the Secretary of Defense and the
Secretary of State, be responsible for the deployment and use of
military forces for the protection of United States citizens and
nationals and, in connection therewith, designated other persons or
categories of persons, in support of their evacuation from threatened
areas overseas.''
WILLIAM J. CLINTON
THE WHITE HOUSE,
February 9, 1998.
Executive Order 13075 of February 19, 1998
Special Oversight Board for Department of Defense Investigations of Gulf
War Chemical and Biological Incidents
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory
Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as
follows:
[[Page 138]]
Section 1. Establishment. (a) There is hereby established the Special
Oversight Board for Department of Defense Investigations of Gulf War
Chemical and Biological Incidents (``Special Oversight Board''). The
Special Oversight Board shall be composed of not more than seven members
appointed by the President. The members of the Special Oversight Board
shall have expertise relevant to the functions of the Special Oversight
Board and shall not be full-time officials or employees of the executive
branch of the Federal Government.
(b) The President shall designate a Chairperson and a Vice
Chairperson from among the members of the Special Oversight Board.
Sec. 2. Functions. (a) The Special Oversight Board shall report to the
President through the Secretary of Defense.
(b) The Special Oversight Board shall provide advice and
recommendations based on its review of Department of Defense
investigations into possible detections of, and exposures to, chemical
or biological weapons agents and environmental and other factors that
may have contributed to Gulf War illnesses.
(c) It shall not be a function of the Special Oversight Board to
conduct scientific research.
(d) It shall not be a function of the Special Oversight Board to
provide advice or recommendations on any legal liability of the Federal
Government for any claims or potential claims against the Federal
Government.
(e) The Special Oversight Board shall submit an interim report
within 9 months of its first meeting and a final report within 18 months
of its first meeting, unless otherwise directed by the President.
Sec. 3. Administration. (a) The heads of executive departments and
agencies shall, to the extent permitted by law, provide the Special
Oversight Board with such information as it may require for purposes of
carrying out its functions.
(b) Special Oversight Board members may be allowed travel expenses,
including per diem in lieu of subsistence, to the extent permitted by
law for persons serving intermittently in the Government service (5
U.S.C. 5701-5707). The administrative staff for the Special Oversight
Board shall be compensated in accordance with Federal law.
(c) To the extent permitted by law, and subject to the availability
of appropriations, the Department of Defense shall provide the Special
Oversight Board with such funds as may be necessary for the performance
of its functions.
Sec. 4. General Provisions. (a) Notwithstanding the provisions of any
other Executive order, the functions of the President under the Federal
Advisory Committee Act, as amended, that are applicable to the Special
Oversight Board, except that of reporting annually to the Congress,
shall be performed by the Secretary of Defense, in accordance with the
guidelines and procedures established by the Administrator of General
Services.
(b) The Special Oversight Board shall terminate 30 days after
submitting its final report.
(c) This order is intended only to improve the internal management
of the executive branch and it is not intended, and shall not be
construed, to create any right, benefit, or trust responsibility,
substantive or procedural,
[[Page 139]]
enforceable at law or equity by a party against the United States, its
agencies, its officers, or any person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
February 19, 1998.
Executive Order 13076 of February 24, 1998
Ordering the Selected Reserve of the Armed Forces to Active Duty
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including sections 121 and 12304
of title 10, United States Code, I hereby determine that it is necessary
to augment the active armed forces of the United States for the
effective conduct of operations in and around Southwest Asia. Further,
under the stated authority, I hereby authorize the Secretary of Defense,
and the Secretary of Transportation with respect to the Coast Guard when
it is not operating as a service in the Department of the Navy, to order
to active duty any units, and any individual members not assigned to a
unit organized to serve as a unit, of the Selected Reserve.
This order is intended only to improve the internal management of the
executive branch and is not intended to create any right or benefit,
substantive or procedural, enforceable at law by a party against the
United States, its agencies, its officers, or any person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
February 24, 1998.
Executive Order 13077 of March 10, 1998
Further Amendment to Executive Order 13010, Critical Infrastructure
Protection
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to provide for the
review of the report by the President's Commission on Critical
Infrastructure Protection, and appropriate implementation, it is hereby
ordered that Executive Order 13010, as amended, is further amended as
follows:
Section 6. Section 6(f), as amended, shall be further amended by
deleting ``March 15, 1998'' and inserting ``September 30, 1998'' in lieu
thereof.
[[Page 140]]
Section 7. Section 7(a) shall be amended by deleting ``March 15,
1998'' and inserting ``September 30, 1998'' in lieu thereof.
WILLIAM J. CLINTON
THE WHITE HOUSE,
March 10, 1998.
Executive Order 13078 of March 13, 1998
Increasing Employment of Adults With Disabilities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to increase the
employment of adults with disabilities to a rate that is as close as
possible to the employment rate of the general adult population and to
support the goals articulated in the findings and purpose section of the
Americans with Disabilities Act of 1990, it is hereby ordered as
follows:
Section 1. Establishment of National Task Force on Employment of Adults
with Disabilities.
(a) There is established the ``National Task Force on Employment of
Adults with Disabilities'' (``Task Force''). The Task Force shall
comprise the Secretary of Labor, Secretary of Education, Secretary of
Veterans Affairs, Secretary of Health and Human Services, Commissioner
of Social Security, Secretary of the Treasury, Secretary of Commerce,
Secretary of Transportation, Director of the Office of Personnel
Management, Administrator of the Small Business Administration, the
Chair of the Equal Employment Opportunity Commission, the Chairperson of
the National Council on Disability, the Chair of the President's
Committee on Employment of People with Disabilities, and such other
senior executive branch officials as may be determined by the Chair of
the Task Force.
(b) The Secretary of Labor shall be the Chair of the Task Force; the
Chair of the President's Committee on Employment of People with
Disabilities shall be the Vice Chair of the Task Force.
(c) The purpose of the Task Force is to create a coordinated and
aggressive national policy to bring adults with disabilities into
gainful employment at a rate that is as close as possible to that of the
general adult population. The Task Force shall develop and recommend to
the President, through the Chair of the Task Force, a coordinated
Federal policy to reduce employment barriers for persons with
disabilities. Policy recommendations may cover such areas as
discrimination, reasonable accommodations, inadequate access to health
care, lack of consumer-driven, long-term supports and services,
transportation, accessible and integrated housing, telecommunications,
assistive technology, community services, child care, education,
vocational rehabilitation, training services, job retention, on-the-job
supports, and economic incentives to work. Specifically, the Task Force
shall:
[[Page 141]]
(1) analyze the existing programs and policies of Task Force member agencies to determine what changes,
modifications, and innovations may be necessary to remove barriers to work faced by people with
disabilities;
(2) develop and recommend options to address health insurance coverage as a barrier to employment for people
with disabilities;
(3) subject to the availability of appropriations, analyze State and private disability systems (e.g., workers'
compensation, unemployment insurance, private insurance, and State mental health and mental retardation
systems) and their effect on Federal programs and employment of adults with disabilities;
(4) consider statistical and data analysis, cost data, research, and policy studies on public subsidies,
employment, employment discrimination, and rates of return-to-work for individuals with disabilities;
(5) evaluate and, where appropriate, coordinate and collaborate on, research and demonstration priorities of
Task Force member agencies related to employment of adults with disabilities;
(6) evaluate whether Federal studies related to employment and training can, and should, include a
statistically significant sample of adults with disabilities;
(7) subject to the availability of appropriations, analyze youth programs related to employment (e.g.,
Employment and Training Administration programs, special education, vocational rehabilitation, school-to-
work transition, vocational education, and Social Security Administration work incentives and other
programs, as may be determined by the Chair and Vice Chair of the Task Force) and the outcomes of those
programs for young people with disabilities;
(8) evaluate whether a single governmental entity or program should be established to provide computer and
electronic accommodations for Federal employees with disabilities;
(9) consult with the President's Committee on Mental Retardation on policies to increase the employment of
people with mental retardation and cognitive disabilities; and
(10) recommend to the President any additional steps that can be taken to advance the employment of adults with
disabilities, including legislative proposals, regulatory changes, and program and budget initiatives.
(d)(1) The members of the Task Force shall make the activities and
initiatives set forth in this order a high priority within their
respective agencies within the levels provided in the President's
budget.
(2) The Task Force shall issue its first report to the President by
November 15, 1998. The Task Force shall issue a report to the President
on November 15, 1999, November 15, 2000, and a final report on July 26,
2002, the 10th anniversary of the initial implementation of the
employment provisions of the Americans with Disabilities Act of 1990.
The reports shall describe the actions taken by, and progress of, each
member of the Task Force in carrying out this order. The Task Force
shall terminate 30 days after submitting its final report.
(e) As used herein, an adult with a disability is a person with a
physical or mental impairment that substantially limits at least one
major life activity.
Sec. 2. Specific activities by Task Force members and other agencies.
[[Page 142]]
(a) To ensure that the Federal Government is a model employer of
adults with disabilities, by November 15, 1998, the Office of Personnel
Management, the Department of Labor, and the Equal Employment
Opportunity Commission shall submit to the Task Force a review of
Federal Government personnel laws, regulations, and policies and, as
appropriate, shall recommend or implement changes necessary to improve
Federal employment policy for adults with disabilities. This review
shall include personnel practices and actions such as: hiring,
promotion, benefits, retirement, workers' compensation, retention,
accessible facilities, job accommodations, layoffs, and reductions in
force.
(b) The Departments of Justice, Labor, Education, and Health and
Human Services shall report to the Task Force by November 15, 1998, on
their work with the States and others to ensure that the Personal
Responsibility and Work Opportunity Reconciliation Act is carried out in
accordance with section 504 of the Rehabilitation Act of 1973, as
amended, and the Americans with Disabilities Act of 1990, so that
individuals with disabilities and their families can realize the full
promise of welfare reform by having an equal opportunity for employment.
(c) The Departments of Education, Labor, Commerce, and Health and
Human Services, the Small Business Administration, and the President's
Committee on Employment of People with Disabilities shall work together
and report to the Task Force by November 15, 1998, on their work to
develop small business and entrepreneurial opportunities for adults with
disabilities and strategies for assisting low-income adults, including
those with disabilities to create small businesses and micro-
enterprises. These same agencies, in consultation with the Committee for
Purchase from People Who Are Blind or Severely Disabled, shall assess
the impact of the Randolph-Sheppard Act vending program and the Javits-
Wagner-O'Day Act on employment and small business opportunities for
people with disabilities.
(d) The Departments of Transportation and Housing and Urban
Development shall report to the Task Force by November 15, 1998, on
their examination of their programs to see if they can be used to create
new work incentives and to remove barriers to work for adults with
disabilities.
(e) The Departments of Justice, Education, and Labor, the Equal
Employment Opportunity Commission, and the Social Security
Administration shall work together and report to the Task Force by
November 15, 1998, on their work to propose remedies to the prevention
of people with disabilities from successfully exercising their
employment rights under the Americans with Disabilities Act of 1990
because of the receipt of monetary benefits based on their disability
and lack of gainful employment.
(f) The Bureau of Labor Statistics of the Department of Labor and
the Census Bureau of the Department of Commerce, in cooperation with the
Departments of Education and Health and Human Services, the National
Council on Disability, and the President's Committee on Employment of
People with Disabilities shall design and implement a statistically
reliable and accurate method to measure the employment rate of adults
with disabilities as soon as possible, but no later than the date of
termination of the Task Force. Data derived from this methodology shall
be published on as frequent a basis as possible.
(g) All executive agencies that are not members of the Task Force
shall: (1) coordinate and cooperate with the Task Force; and (2) review
their pro
[[Page 143]]
grams and policies to ensure that they are being conducted and delivered
in a manner that facilitates and promotes the employment of adults with
disabilities. Each agency shall file a report with the Task Force on the
results of its review on November 15, 1998.
Sec. 3. Cooperation. All efforts taken by executive departments and
agencies under sections 1 and 2 of this order shall, as appropriate,
further partnerships and cooperation with public and private sector
employers, organizations that represent people with disabilities,
organized labor, veteran service organizations, and State and local
governments whenever such partnerships and cooperation are possible and
would promote the employment and gainful economic activities of
individuals with disabilities.
Sec. 4. Judicial Review. This order does not create any right or
benefit, substantive or procedural, enforceable at law by a party
against the United States, its agencies, its officers, or any person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
March 13, 1998.
Executive Order 13079 of April 7, 1998
Waiver Under the Trade Act of 1974 With Respect to Vietnam
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 402(c)(2) of the
Trade Act of 1974, as amended (``Act'') (19 U.S.C. 2432(c)(2)), which
continues to apply to Vietnam pursuant to section 402(d) of the Act, and
having made the report to the Congress required by section 402(c)(2) of
the Act, I hereby waive the application of sections 402(a) and 402(b) of
the Act with respect to Vietnam.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 7, 1998.
Executive Order 13080 of April 7, 1998
American Heritage Rivers Initiative Advisory Committee
By the authority vested in me as President by the Constitution and the
laws of the United States, including the Federal Advisory Committee Act,
5 U.S.C. App., as amended, it is hereby ordered as follows:
Section 1. Establishment. There is hereby established the American
Heritage Rivers Initiative Advisory Committee (``Committee''). The
Committee shall consist of up to 20 members appointed by the President
from the public and private sectors. Each member of the Committee shall
be a person who, as a result of his or her training, experience, and
attainments, is well
[[Page 144]]
qualified to appraise the quality of nominations for selection of rivers
as American Heritage Rivers submitted by communities across the country.
The expertise of members of the Committee shall be in areas such as
natural, cultural, and historic resources; water quality; public health;
scenic and recreation interests; tourism and economic development
interests; industry; and agriculture. The President shall designate a
Chair from among the members of the Committee.
Sec. 2. (a) The Committee shall review nominations from communities and
recommend to the President up to 20 rivers for consideration for
designation as American Heritage Rivers. From the rivers recommended for
consideration, the President shall designate ten as American Heritage
Rivers.
(b) In its review of nominations submitted by communities, the
Committee shall provide its assessment of:
(1) The scope of each nomination's application and the adequacy of its design to achieve the community's goals;
(2) Whether the natural, economic (including agricultural), scenic, historic, cultural, and/or recreational
resources featured in the application are distinctive or unique;
(3) The extent to which the community's plan of action is clearly defined and the extent to which the plan
addresses all three American Heritage Rivers objectives--natural resource and environmental protection,
economic revitalization, and historic and cultural preservation--either through planned actions or past
accomplishments, as well as any other characteristics of the proposals that distinguish a nomination, such
as:
(A) Community vision and partnership;
(B) Sustainability of products and projects, including project maintenance;
(C) Resources, both committed and anticipated, including means of generating additional support from both
private and public sources;
(D) Anticipated Federal role as defined by the applicants;
(E) Schedule or timeline;
(F) Citizen involvement;
(G) Public education relating to the designation of the river;
(H) Logistical support, operating procedures, and policies;
(I) Prior accomplishments, if relevant, and relationship to existing plans and projects in the area; and
(J) Measures of performance.
(4) The strength and diversity of support for the nomination and plan of action as evidenced by letters from
local and State governments, Indian tribes, elected officials, any and all parties who participate in the
life and health of the area to be nominated, or who have an interest in the economic life and cultural and
environmental vigor of the involved community.
(c) The Committee also should seek to recommend the selection of
rivers that as a group:
[[Page 145]]
(1) Represent the natural, historic, cultural, social, economic, and agricultural diversity of American rivers;
(2) Showcase a variety of stream sizes and an assortment of urban, rural, and mixed settings from around the
country, including both relatively pristine and degraded rivers;
(3) Highlight a variety of innovative programs in such areas as historic preservation, sustainable development
through tourism, wildlife management, fisheries restoration, recreation, community revitalization,
agricultural practices, and flood plain and watershed management;
(4) Include community efforts in early stages of development as well as those that are more well established;
and
(5) Stand to benefit from targeted Federal assistance.
(d) The Committee shall report its recommendations for selection of
rivers as American Heritage Rivers to the President through the Chair of
the Council on Environmental Quality.
Sec. 3. Administration. (a) The heads of executive departments and
agencies shall provide the Committee, to the extent practicable and
permitted by law, such information with respect to river revitalization
as the Committee requires to fulfill its functions.
(b) The Committee shall be supported both administratively and
financially by the Secretary of Defense, acting through the Assistant
Secretary of the Army for Civil Works.
Sec. 4. General. The Committee shall terminate no later than 2 years
from the date of this order. The Chair of the Committee, with the
approval of the designated Federal officer, shall call meetings of the
American Heritage Rivers Initiative Advisory Committee.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 7, 1998.
Executive Order 13081 of April 30, 1998
Amendment to Executive Order No. 13038, Advisory Committee on Public
Interest Obligations of Digital Television Broadcasters
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
reporting deadline of the Advisory Committee on Public Interest
Obligations of Digital Television Broadcasters, it is hereby ordered
that Executive Order 13038, as amended, is further amended by deleting
``June 1, 1998'' in section 2 and inserting ``October 1, 1998'' in lieu
thereof.
WILLIAM J. CLINTON
THE WHITE HOUSE,
April 30, 1998.
[[Page 146]]
Executive Order 13082 of May 8, 1998
Joint Mexican-United States Defense Commission
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to add a member of
the Joint Staff to the Joint-Mexican-United States Defense Commission,
it is hereby ordered that the third paragraph of Executive Order 9080 of
February 27, 1942, as amended by Executive Order 10692 of December 22,
1956, and by Executive Order 12377 of August 6, 1982, is further amended
to read as follows:
``The United States membership of the Commission shall consist of an
Army member, a Navy member, an Air Force member, a Marine Corps member,
and a Joint Staff member, each of whom shall be designated by the
Secretary of Defense and serve during the pleasure of the Secretary. The
Secretary shall designate from among the United States members a Chair
thereof and may designate alternate United States members of the
Commission.''
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 8, 1998.
Executive Order 13083 of May 14, 1998
Federalism
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to guarantee the
division of governmental responsibilities, embodied in the Constitution,
between the Federal Government and the States that was intended by the
Framers and application of those principles by the Executive departments
and agencies in the formulation and implementation of policies, it is
hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ``State'' or ``States'' refer to the States of the United States
of America, individually or collectively, and, where relevant, to State
governments, including units of local government and other political
subdivisions established by the States.
(b) ``Policies that have federalism implications'' refers to Federal
regulations, proposed legislation, and other policy statements or
actions that have substantial direct effects on the States or on the
relationship, or the distribution of power and responsibilities, between
the Federal Government and the States.
(c) ``Agency'' means any authority of the United States that is an
``agency'' under 44 U.S.C. 3502(1), other than those considered to be
independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
[[Page 147]]
Sec. 2. Fundamental Federalism Principles. In formulating and
implementing policies that have federalism implications, agencies shall
be guided by the following fundamental federalism principles:
(a) The structure of government established by the Constitution is
premised upon a system of checks and balances.
(b) The Constitution created a Federal Government of supreme, but
limited, powers. The sovereign powers not granted to the Federal
Government are reserved to the people or to the States, unless
prohibited to the States by the Constitution.
(c) Federalism reflects the principle that dividing power between
the Federal Government and the States serves to protect individual
liberty. Preserving State authority provides an essential balance to the
power of the Federal Government, while preserving the supremacy of
Federal law provides an essential balance to the power of the States.
(d) The people of the States are at liberty, subject only to the
limitations in the Constitution itself or in Federal law, to define the
moral, political, and legal character of their lives.
(e) Our constitutional system encourages a healthy diversity in the
public policies adopted by the people of the several States according to
their own conditions, needs, and desires. States and local governments
are often uniquely situated to discern the sentiments of the people and
to govern accordingly.
(f) Effective public policy is often achieved when there is
competition among the several States in the fashioning of different
approaches to public policy issues. The search for enlightened public
policy is often furthered when individual States and local governments
are free to experiment with a variety of approaches to public issues.
Uniform, national approaches to public policy problems can inhibit the
creation of effective solutions to those problems.
(g) Policies of the Federal Government should recognize the
responsibility of--and should encourage opportunities for--States, local
governments, private associations, neighborhoods, families, and
individuals to achieve personal, social, environmental, and economic
objectives through cooperative effort.
Sec. 3. Federalism Policymaking Criteria. In addition to adhering to the
fundamental federalism principles set forth in section 2 of this order,
agencies shall adhere, to the extent permitted by law, to the following
criteria when formulating and implementing policies that have federalism
implications:
(a) There should be strict adherence to constitutional principles.
Agencies should closely examine the constitutional and statutory
authority supporting any Federal action that would limit the
policymaking discretion of States and local governments, and should
carefully assess the necessity for such action.
(b) Agencies may limit the policymaking discretion of States and
local governments only after determining that there is constitutional
and legal authority for the action.
(c) With respect to Federal statutes and regulations administered by
States and local governments, the Federal Government should grant States
[[Page 148]]
and local governments the maximum administrative discretion possible.
Any Federal oversight of such State and local administration should not
unnecessarily intrude on State and local discretion.
(d) It is important to recognize the distinction between matters of
national or multi-state scope (which may justify Federal action) and
matters that are merely common to the States (which may not justify
Federal action because individual States, acting individually or
together, may effectively deal with them). Matters of national or multi-
state scope that justify Federal action may arise in a variety of
circumstances, including:
(1) When the matter to be addressed by Federal action occurs
interstate as opposed to being contained within one State's boundaries.
(2) When the source of the matter to be addressed occurs in a State
different from the State (or States) where a significant amount of the
harm occurs.
(3) When there is a need for uniform national standards.
(4) When decentralization increases the costs of government thus
imposing additional burdens on the taxpayer.
(5) When States have not adequately protected individual rights and
liberties.
(6) When States would be reluctant to impose necessary regulations
because of fears that regulated business activity will relocate to other
States.
(7) When placing regulatory authority at the State or local level
would undermine regulatory goals because high costs or demands for
specialized expertise will effectively place the regulatory matter
beyond the resources of State authorities.
(8) When the matter relates to Federally owned or managed property
or natural resources, trust obligations, or international obligations.
(9) When the matter to be regulated significantly or uniquely
affects Indian tribal governments.
Sec. 4. Consultation. (a) Each agency shall have an effective process to
permit elected officials and other representatives of State and local
governments to provide meaningful and timely input in the development of
regulatory policies that have federalism implications.
(b) To the extent practicable and permitted by law, no agency shall
promulgate any regulation that is not required by statute, that has
federalism implications, and that imposes substantial direct compliance
costs on States and local governments, unless:
(1) funds necessary to pay the direct costs incurred by the State
or local government in complying with the regulation are provided by the
Federal Government; or
(2) the agency, prior to the formal promulgation of the
regulation,
(A) in a separately identified portion of the preamble to the
regulation as it is to be issued in the Federal Register, provides to
the Director of the Office of Management and Budget a description of the
extent of the agency's prior consultation with representatives of
affected States and local governments, a summary of the nature of their
con
[[Page 149]]
cerns, and the agency's position supporting the need to issue the
regulation; and
(B) makes available to the Director of the Office of Management and
Budget any written communications submitted to the agency by States or
local governments.
Sec. 5. Increasing Flexibility for State and Local Waivers. (a) Agencies
shall review the processes under which States and local governments
apply for waivers of statutory and regulatory requirements and take
appropriate steps to streamline those processes.
(b) Each agency shall, to the extent practicable and permitted by
law, consider any application by a State or local government for a
waiver of statutory or regulatory requirements in connection with any
program administered by that agency with a general view toward
increasing opportunities for utilizing flexible policy approaches at the
State or local level in cases in which the proposed waiver is consistent
with applicable Federal policy objectives and is otherwise appropriate.
(c) Each agency shall, to the extent practicable and permitted by
law, render a decision upon a complete application for a waiver within
120 days of receipt of such application by the agency. If the
application for a waiver is not granted, the agency shall provide the
applicant with timely written notice of the decision and the reasons
therefor.
(d) This section applies only to statutory or regulatory
requirements that are discretionary and subject to waiver by the agency.
Sec. 6. Independent Agencies. Independent regulatory agencies are
encouraged to comply with the provisions of this order.
Sec. 7. General Provisions. (a) 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 equity by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any other
person.
(b) This order shall supplement but not supersede the requirements
contained in Executive Order 12866 (``Regulatory Planning and Review''),
Executive Order 12988 (``Civil Justice Reform''), and OMB Circular A-19.
(c) Executive Order 12612 of October 26, 1987, and Executive Order
12875 of October 26, 1993, are revoked.
(d) The consultation and waiver provisions in sections 4 and 5 of
this order shall complement the Executive order entitled, ``Consultation
and Coordination with Indian Tribal Governments,'' being issued on this
day.
(e) This order shall be effective 90 days after the date of this
order.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 14, 1998.
[[Page 150]]
Executive Order 13084 of May 14, 1998
Consultation and Coordination With Indian Tribal Governments
The United States has a unique legal relationship with Indian tribal
governments as set forth in the Constitution of the United States,
treaties, statutes, Executive orders, and court decisions. Since the
formation of the Union, the United States has recognized Indian tribes
as domestic dependent nations under its protection. In treaties, our
Nation has guaranteed the right of Indian tribes to self-government. As
domestic dependent nations, Indian tribes exercise inherent sovereign
powers over their members and territory. The United States continues to
work with Indian tribes on a government-to-government basis to address
issues concerning Indian tribal self-government, trust resources, and
Indian tribal treaty and other rights.
Therefore, by the authority vested in me as President by the
Constitution and the laws of the United States of America, and in order
to establish regular and meaningful consultation and collaboration with
Indian tribal governments in the development of regulatory practices on
Federal matters that significantly or uniquely affect their communities;
to reduce the imposition of unfunded mandates upon Indian tribal
governments; and to streamline the application process for and increase
the availability of waivers to Indian tribal governments; it is hereby
ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ``State'' or ``States'' refer to the States of the United States
of America, individually or collectively, and, where relevant, to State
governments, including units of local government and other political
subdivisions established by the States.
(b) ``Indian tribe'' means an Indian or Alaska Native tribe, band,
nation, pueblo, village, or community that the Secretary of the Interior
acknowledges to exist as an Indian tribe pursuant to the Federally
Recognized Indian Tribe List Act of 1994, 25 U.S.C. 479a.
(c) ``Agency'' means any authority of the United States that is an
``agency'' under 44 U.S.C. 3502(1), other than those considered to be
independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 2. Policymaking Criteria. In formulating policies significantly or
uniquely affecting Indian tribal governments, agencies shall be guided,
to the extent permitted by law, by principles of respect for Indian
tribal self-government and sovereignty, for tribal treaty and other
rights, and for responsibilities that arise from the unique legal
relationship between the Federal Government and Indian tribal
governments.
Sec. 3. Consultation. (a) Each agency shall have an effective process to
permit elected officials and other representatives of Indian tribal
governments to provide meaningful and timely input in the development of
regulatory policies on matters that significantly or uniquely affect
their communities.
(b) To the extent practicable and permitted by law, no agency shall
promulgate any regulation that is not required by statute, that
significantly or uniquely affects the communities of the Indian tribal
governments, and that imposes substantial direct compliance costs on
such communities, unless:
[[Page 151]]
(1) funds necessary to pay the direct costs incurred by the
Indian tribal government in complying with the regulation are provided
by the Federal Government; or
(2) the agency, prior to the formal promulgation of the
regulation,
(A) in a separately identified portion of the preamble to the
regulation as it is to be issued in the Federal Register, provides to
the Director of the Office of Management and Budget a description of the
extent of the agency's prior consultation with representatives of
affected Indian tribal governments, a summary of the nature of their
concerns, and the agency's position supporting the need to issue the
regulation; and
(B) makes available to the Director of the Office of Management and
Budget any written communications submitted to the agency by such Indian
tribal governments.
Sec. 4. Increasing Flexibility for Indian Tribal Waivers. (a) Agencies
shall review the processes under which Indian tribal governments apply
for waivers of statutory and regulatory requirements and take
appropriate steps to streamline those processes.
(b) Each agency shall, to the extent practicable and permitted by
law, consider any application by an Indian tribal government for a
waiver of statutory or regulatory requirements in connection with any
program administered by that agency with a general view toward
increasing opportunities for utilizing flexible policy approaches at the
Indian tribal level in cases in which the proposed waiver is consistent
with the applicable Federal policy objectives and is otherwise
appropriate.
(c) Each agency shall, to the extent practicable and permitted by
law, render a decision upon a complete application for a waiver within
120 days of receipt of such application by the agency. The agency shall
provide the applicant with timely written notice of the decision and, if
the application for a waiver is not granted, the reasons for such
denial.
(d) This section applies only to statutory or regulatory
requirements that are discretionary and subject to waiver by the agency.
Sec. 5. Cooperation in developing regulations. On issues relating to
tribal self-government, trust resources, or treaty and other rights,
each agency should explore and, where appropriate, use consensual
mechanisms for developing regulations, including negotiated rulemaking.
Sec. 6. Independent agencies. Independent regulatory agencies are
encouraged to comply with the provisions of this order.
Sec. 7. General provisions. (a) 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, benefit, or trust responsibility,
substantive or procedural, enforceable at law or equity by a party
against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
(b) This order shall supplement but not supersede the requirements
contained in Executive Order 12866 (``Regulatory Planning and Review''),
Executive Order 12988 (``Civil Justice Reform''), OMB Circular A-19, and
the Executive Memorandum of April 29, 1994, on Government-to-Government
Relations with Native American Tribal Governments.
[[Page 152]]
(c) This order shall complement the consultation and waiver
provisions in sections 4 and 5 of the Executive order, entitled
``Federalism,'' being issued on this day.
(d) This order shall be effective 90 days after the date of this
order.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 14, 1998.
Executive Order 13085 of May 26, 1998
Establishment of the Enrichment Oversight Committee
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to further the
national security and other interests of the United States with regard
to uranium enrichment and related businesses after the privatization of
the United States Enrichment Corporation (USEC), it is ordered as
follows:
Section 1. Establishment. There is hereby established an Enrichment
Oversight Committee (EOC).
Sec. 2. Objectives. The EOC shall monitor and coordinate United States
Government efforts with respect to the privatized USEC and any successor
entities involved in uranium enrichment and related businesses in
furtherance of the following objectives:
(a) The full implementation of the Agreement Between the Government
of the United States of America and the Government of the Russian
Federation Concerning the Disposition of Highly Enriched Uranium (HEU)
Extracted from Nuclear Weapons, dated February 18, 1993 (``HEU
Agreement''), and related contracts and agreements by the USEC as
executive agent or by any other executive agents;
(b) The application of statutory, regulatory, and contractual
restrictions on foreign ownership, control, or influence in the USEC,
any successor entities, and any other executive agents;
(c) The development and implementation of United States Government
policy regarding uranium enrichment and related technologies, processes,
and data; and
(d) The collection and dissemination of information relevant to any
of the foregoing on an ongoing basis, including from the Central
Intelligence Agency and the Federal Bureau of Investigation.
Sec. 3. Organization. (a) The EOC shall be Chaired by a senior official
from the National Security Council (NSC). The Chair shall coordinate the
carrying out of the purposes and policy objectives of this order. The
EOC shall meet as often as appropriate, but at least quarterly, and
shall submit reports to the Assistant to the President for National
Security Affairs semiannually, or more frequently as appropriate. The
EOC shall prepare annually the report for the President's transmittal to
the Congress pursuant to section 3112 of the USEC Privatization Act,
Public Law 104-134, title III, 3112(b)(10), 110 Stat. 1321-344, 1321-346
(1996).
[[Page 153]]
(b) The EOC shall consist of representatives from the Departments of
State, the Treasury, Defense, Justice, Commerce, Energy, and the Office
of Management and Budget, the NSC, the National Economic Council, the
Council of Economic Advisers, and the Intelligence Community. The EOC
shall formulate internal guidelines for its operations, including
guidelines for convening meetings.
(c) The EOC shall coordinate sharing of information and provide
direction, while operational responsibilities resulting from the EOC's
oversight activities will rest with EOC member agencies.
(d) At the request of the EOC, appropriate agencies, including the
Department of Energy, shall provide day-to-day support for the EOC.
Sec. 4. HEU Agreement Oversight. The EOC shall form an HEU Agreement
Oversight Subcommittee (the ``Subcommittee'') in order to continue
coordination of the implementation of the HEU Agreement and related
contracts and agreements, monitor actions taken by the executive agent,
and make recommendations regarding steps designed to facilitate full
implementation of the HEU Agreement, including changes with respect to
the executive agent. The Subcommittee shall be chaired by a senior
official from the NSC and shall include representatives of the
Departments of State, Defense, Justice, Commerce, and Energy, and the
Office of Management and Budget, the National Economic Council, the
Intelligence Community, and, as appropriate, the United States Trade
Representative, and the Council of Economic Advisers. The Subcommittee
shall meet as appropriate to review the implementation of the HEU
Agreement and consider steps to facilitate full implementation of that
Agreement. In particular, the Subcommittee shall:
(a) have access to all information concerning implementation of the
HEU Agreement and related contracts and agreements;
(b) monitor negotiations between the executive agent or agents and
Russian authorities on implementation of the HEU Agreement, including
the proposals of both sides on delivery schedules and on price;
(c) monitor sales of the natural uranium component of low-enriched
uranium derived from Russian HEU pursuant to applicable law;
(d) establish procedures for designating alternative executive
agents to implement the HEU Agreement;
(e) coordinate policies and procedures regarding the full
implementation of the HEU purchase agreement and related contracts and
agreements, consistent with applicable law; and
(f) coordinate the position of the United States Government on any
issues that arise in the implementation of the Memorandum of Agreement
with the USEC for the USEC to serve as the United States Government
Executive Agent under the HEU Agreement.
Sec. 5. Foreign Ownership, Control, or Influence (FOCI). The EOC shall
collect information and monitor issues relating to foreign ownership,
control, or influence of the USEC or any successor entities.
Specifically, the EOC shall:
(a) monitor the application and enforcement of the FOCI requirements
of the National Industrial Security Program established by Executive
Order 12829 with respect to the USEC and any successor entities (see
National
[[Page 154]]
Industrial Security Program Operating Manual, Department of Defense 2-3
(Oct. 1994));
(b) monitor and review reports and submissions relating to FOCI
issues made by the USEC or any successor entity to the Nuclear
Regulatory Commission (NRC) under the Atomic Energy Act of 1954, 42
U.S.C. 2011 et seq. (1994), and the USEC Privatization Act, Public Law
104-134, title III, 110 Stat. 1321-335 et seq. (1996);
(c) ensure coordination with the Intelligence Community of the
collection and analysis of intelligence and ensure coordination of
intelligence with other information related to FOCI issues; and
(d) ensure coordination with the Committee on Foreign Investment in
the United States.
Sec. 6. Domestic Enrichment Services. The EOC shall collect and analyze
information related to the maintenance of domestic uranium mining,
enrichment, and conversion industries, provided that such activities
shall be undertaken in a manner that provides appropriate protection for
such information. In particular, the EOC shall:
(a) collect and review all public filings made by or with respect to
the USEC or any successor entities with the Securities and Exchange
Commission;
(b) collect information from all available sources necessary for the
preparation of the annual report to the Congress required by section
3112 of the USEC Privatization Act, as noted in section 3(a) of this
order, including information relating to plans by the USEC or any
successor entities to expand or contract materially the enrichment of
uranium-using gaseous diffusion technology;
(c) collect information relating to the development and
implementation of atomic vapor laser isotope separation technology;
(d) to the extent permitted by law, and as necessary to fulfill the
EOC's oversight functions, collect proprietary information from the
USEC, or any successor entities, provided that the collection of such
information shall be undertaken so as to minimize disruption to the
normal functioning of the private corporation. For example, such
information would include the USEC's financial statements prepared in
accordance with standards applicable to public registrants and the
executive summary of the USEC's strategic plan as shared with its Board
of Directors, as well as timely information on its unit production
costs, capacity utilization rates, average pricing and sales for the
current year and for new contracts, employment levels, overseas
activities, and research and development initiatives. Such information
shall be collected on an annual basis, with quarterly updates as
appropriate; and
(e) coordinate with relevant agencies in monitoring the levels of
natural and enriched uranium and enrichment services imported into the
United States.
Sec. 7. Coordination with the Nuclear Regulatory Commission. Upon
notification by the NRC that it seeks the views of other agencies of the
executive branch regarding determinations necessary for the issuance,
reissuance, or renewal of a certificate of compliance or license to the
privatized USEC, the EOC shall convey the relevant views of these other
agencies of the ex
[[Page 155]]
ecutive branch, including whether the applicant's performance as the
United States agent for the HEU Agreement is acceptable, on a schedule
consistent with the NRC's need for timely action on such regulatory
decisions.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 26, 1998.
Executive Order 13086 of May 27, 1998
1998 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), in order to prescribe amendments to the Manual for Courts-Martial,
United States, prescribed by Executive Order No. 12473, as amended by
Executive Order No. 12484, Executive Order No. 12550, Executive Order
No. 12586, Executive Order No. 12708, Executive Order No. 12767,
Executive Order No. 12888, Executive Order No. 12936, and Executive
Order No. 12960, 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. 305(g) through 305(k) are amended to read as follows:
``(g) Who may direct release from confinement. Any commander of a
prisoner, an officer appointed under regulations of the Secretary
concerned to conduct the review under subsections (i) and/or (j) of this
rule or, once charges have been referred, a military judge detailed to
the court-martial to which the charges against the accused have been
referred, may direct release from pretrial confinement. For the purposes
of this subsection, ``any commander'' includes the immediate or higher
commander of the prisoner and the commander of the installation on which
the confinement facility is located.
(h) Notification and action by commander.
(1) Report. Unless the commander of the prisoner ordered the
pretrial confinement, the commissioned, warrant, noncommissioned, or
petty officer into whose charge the prisoner was committed shall, within
24 hours after that commitment, cause a report to be made to the
commander that shall contain the name of the prisoner, the offenses
charged against the prisoner, and the name of the person who ordered or
authorized confinement.
(2) Action by commander.
(A) Decision. Not later than 72 hours after the commander's
ordering of a prisoner into pretrial confinement or, after receipt of a
report that a member of the commander's unit or organization has been
confined, whichever situation is applicable, the commander shall decide
whether pretrial
[[Page 156]]
confinement will continue. A commander's compliance with this subsection
may also satisfy the 48-hour probable cause determination of subsection
R.C.M. 305(i)(1) below, provided the commander is a neutral and detached
officer and acts within 48 hours of the imposition of confinement under
military control. Nothing in subsections R.C.M. 305(d), R.C.M.
305(i)(1), or this subsection prevents a neutral and detached commander
from completing the 48-hour probable cause determination and the 72-hour
commander's decision immediately after an accused is ordered into
pretrial confinement.
(B) Requirements for confinement. The commander shall direct the
prisoner's release from pretrial confinement unless the commander
believes upon probable cause, that is, upon reasonable grounds, that:
(i) An offense triable by a court-martial has been committed;
(ii) The prisoner committed it; and
(iii) Confinement is necessary because it is foreseeable that:
(a) The prisoner will not appear at trial, pretrial hearing,
or investigation, or
(b) The prisoner will engage in serious criminal misconduct;
and
(iv) Less severe forms of restraint are inadequate.
Serious criminal misconduct includes intimidation of witnesses
or other obstruction of justice, serious injury to others, or other
offenses that pose a serious threat to the safety of the community or to
the effectiveness, morale, discipline, readiness, or safety of the
command, or to the national security of the United States. As used in
this rule, ``national security'' means the national defense and foreign
relations of the United States and specifically includes: military or
defense advantage over any foreign nation or group of nations; a
favorable foreign relations position; or a defense posture capable of
successfully resisting hostile or destructive action from within or
without, overt or covert.
(C) 72-hour memorandum. If continued pretrial confinement is
approved, the commander shall prepare a written memorandum that states
the reasons for the conclusion that the requirements for confinement in
subsection (h)(2)(B) of this rule have been met. This memorandum may
include hearsay and may incorporate by reference other documents, such
as witness statements, investigative reports, or official records. This
memorandum shall be forwarded to the 7-day reviewing officer under
subsection (i)(2) of this rule. If such a memorandum was prepared by the
commander before ordering confinement, a second memorandum need not be
prepared; however, additional information may be added to the memorandum
at any time.
(i) Procedures for review of pretrial confinement.
(1) 48-hour probable cause determination. Review of the adequacy
of probable cause to continue pretrial confinement shall be made by a
neutral and detached officer within 48 hours of imposition of
confinement under military control. If the prisoner is apprehended by
civilian authorities and remains in civilian custody at the request of
military authorities, reasonable efforts will be made to bring the
prisoner under military control in a timely fashion.
[[Page 157]]
(2) 7-day review of pretrial confinement. Within 7 days of the
imposition of confinement, a neutral and detached officer appointed in
accordance with regulations prescribed by the Secretary concerned shall
review the probable cause determination and necessity for continued
pretrial confinement. In calculating the number of days of confinement
for purposes of this rule, the initial date of confinement under
military control shall count as one day and the date of the review shall
also count as one day.
(A) Nature of the 7-day review.
(i) Matters considered. The review under this subsection shall
include a review of the memorandum submitted by the prisoner's commander
under subsection (h)(2)(C) of this rule. Additional written matters may
be considered, including any submitted by the accused. The prisoner and
the prisoner's counsel, if any, shall be allowed to appear before the 7-
day reviewing officer and make a statement, if practicable. A
representative of the command may also appear before the reviewing
officer to make a statement.
(ii) Rules of evidence. Except for Mil. R. Evid., Section V
(Privileges) and Mil. R. Evid. 302 and 305, the Military Rules of
Evidence shall not apply to the matters considered.
(iii) Standard of proof. The requirements for confinement
under subsection (h)(2)(B) of this rule must be proved by a
preponderance of the evidence.
(B) Extension of time limit. The 7-day reviewing officer may,
for good cause, extend the time limit for completion of the review to 10
days after the imposition of pretrial confinement.
(C) Action by 7-day reviewing officer. Upon completion of
review, the reviewing officer shall approve continued confinement or
order immediate release.
(D) Memorandum. The 7-day reviewing officer's conclusions,
including the factual findings on which they are based, shall be set
forth in a written memorandum. A copy of the memorandum and of all
documents considered by the 7-day reviewing officer shall be maintained
in accordance with regulations prescribed by the Secretary concerned and
provided to the accused or the Government on request.
(E) Reconsideration of approval of continued confinement. The 7-
day reviewing officer shall upon request, and after notice to the
parties, reconsider the decision to confine the prisoner based upon any
significant information not previously considered.
(j) Review by military judge. Once the charges for which the accused
has been confined are referred to trial, the military judge shall review
the propriety of the pretrial confinement upon motion for appropriate
relief.
(1) Release. The military judge shall order release from pretrial
confinement only if:
(A) The 7-day reviewing officer's decision was an abuse of
discretion, and there is not sufficient information presented to the
military judge justifying continuation of pretrial confinement under
subsection (h)(2)(B) of this rule;
[[Page 158]]
(B) Information not presented to the 7-day reviewing officer
establishes that the prisoner should be released under subsection
(h)(2)(B) of this rule; or
(C) The provisions of subsection (i)(1) or (2) of this rule have
not been complied with and information presented to the military judge
does not establish sufficient grounds for continued confinement under
subsection (h)(2)(B) of this rule.
(2) Credit. The military judge shall order administrative credit
under subsection (k) of this rule for any pretrial confinement served as
a result of an abuse of discretion or failure to comply with the
provisions of subsections (f), (h), or (i) of this rule.
(k) Remedy. The remedy for noncompliance with subsections (f), (h),
(i), or (j) of this rule shall be an administrative credit against the
sentence adjudged for any confinement served as the result of such
noncompliance. Such credit shall be computed at the rate of 1 day credit
for each day of confinement served as a result of such noncompliance.
The military judge may order additional credit for each day of pretrial
confinement that involves an abuse of discretion or unusually harsh
circumstances. This credit is to be applied in addition to any other
credit to which the accused may be entitled as a result of pretrial
confinement served. This credit shall be applied first against any
confinement adjudged. If no confinement is adjudged, or if the
confinement adjudged is insufficient to offset all the credit to which
the accused is entitled, the credit shall be applied against adjudged
hard labor without confinement, restriction, fine, and forfeiture of
pay, in that order, using the conversion formula under R.C.M. 1003(b)(6)
and (7). For purposes of this subsection, 1 day of confinement shall be
equal to 1 day of total forfeitures or a like amount of fine. The credit
shall not be applied against any other form of punishment.''
b. R.C.M. 405(e) is amended to read as follows:
``(e) Scope of investigation. The investigating officer shall
inquire into the truth and form of the charges, and such other matters
as may be necessary to make a recommendation as to the disposition of
the charges. If evidence adduced during the investigation indicates that
the accused committed an uncharged offense, the investigating officer
may investigate the subject matter of such offense and make a
recommendation as to its disposition, without the accused first having
been charged with the offense. The accused's rights under subsection (f)
are the same with regard to investigation of both charged and uncharged
offenses.''
c. R.C.M. 706(c)(2)(D) is amended to read as follows:
``(D) Is the accused presently suffering from a mental disease
or defect rendering the accused unable to understand the nature of the
proceedings against the accused or to conduct or cooperate intelligently
in the defense of the case?''
d. R.C.M. 707(b)(3) is amended by adding subsection (E) which reads as
follows:
``(E) Commitment of the incompetent accused. If the accused is
committed to the custody of the Attorney General for hospitalization as
provided in R.C.M. 909(f), all periods of such commitment shall be
excluded when determining whether the period in subsection (a) of this
rule has run. If, at the end of the period of commitment, the accused is
returned to the
[[Page 159]]
custody of the general court-martial convening authority, a new 120-day
time period under this rule shall begin on the date of such return to
custody.''
e. 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
hospitalized due to incompetence, or is otherwise 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.''
f. R.C.M. 809(b)(1) is amended by deleting the last sentence, which
reads:
``In such cases, the regular proceedings shall be suspended while
the contempt is disposed of.''
g. R.C.M. 809(c) is amended to read as follows:
``(c) Procedure. The military judge shall in all cases determine
whether to punish for contempt and, if so, what the punishment shall be.
The military judge shall also determine when during the court-martial
the contempt proceedings shall be conducted; however, if the court-
martial is composed of members, the military judge shall conduct the
contempt proceedings outside the members' presence. The military judge
may punish summarily under subsection (b)(1) only if the military judge
recites the facts for the record and states that they were directly
witnessed by the military judge in the actual presence of the court-
martial. Otherwise, the provisions of subsection (b)(2) shall apply.''
h. R.C.M. 908(a) is amended to read as follows:
``(a) In general. In a trial by a court-martial over which a
military judge presides and in which a punitive discharge may be
adjudged, the United States may appeal an order or ruling that
terminates the proceedings with respect to a charge or specification, or
excludes evidence that is substantial proof of a fact material in the
proceedings, or directs the disclosure of classified information, or
that imposes sanctions for nondisclosure of classified information. The
United States may also appeal a refusal by the military judge to issue a
protective order sought by the United States to prevent the disclosure
of classified information or to enforce such an order that has
previously been issued by the appropriate authority. However, the United
States may not appeal an order or ruling that is, or amounts to, a
finding of not guilty with respect to the charge or specification.''
i. R.C.M. 909 is amended to read as follows:
``(a) In general. No person may be brought to trial by court-martial
if that person is presently suffering from a mental disease or defect
rendering him or her mentally incompetent to the extent that he or she
is unable to understand the nature of the proceedings against them or to
conduct or cooperate intelligently in the defense of the case.
(b) Presumption of capacity. A person is presumed to have the
capacity to stand trial unless the contrary is established.
(c) Determination before referral. If an inquiry pursuant to R.C.M.
706 conducted before referral concludes that an accused is suffering
from a mental disease or defect that renders him or her mentally
incompetent to stand trial, the convening authority before whom the
charges are pending for disposition may disagree with the conclusion and
take any action au
[[Page 160]]
thorized under R.C.M. 401, including referral of the charges to trial.
If that convening authority concurs with the conclusion, he or she shall
forward the charges to the general court-martial convening authority.
If, upon receipt of the charges, the general court-martial convening
authority similarly concurs, then he or she shall commit the accused to
the custody of the Attorney General. If the general court-martial
convening authority does not concur, that authority may take any action
that he or she deems appropriate in accordance with R.C.M. 407,
including referral of the charges to trial.
(d) Determination after referral. After referral, the military judge
may conduct a hearing to determine the mental capacity of the accused,
either sua sponte or upon request of either party. If an inquiry
pursuant to R.C.M. 706 conducted before or after referral concludes that
an accused is suffering from a mental disease or defect that renders him
or her mentally incompetent to stand trial, the military judge shall
conduct a hearing to determine the mental capacity of the accused. Any
such hearing shall be conducted in accordance with paragraph (e) of this
rule.
(e) Incompetence determination hearing.
(1) Nature of issue. The mental capacity of the accused is an
interlocutory question of fact.
(2) Standard. Trial may proceed unless it is established by a
preponderance of the evidence that the accused is presently suffering
from a mental disease or defect rendering him or her mentally
incompetent to the extent that he or she is unable to understand the
nature of the proceedings or to conduct or cooperate intelligently in
the defense of the case. In making this determination, the military
judge is not bound by the rules of evidence except with respect to
privileges.
(3) If the military judge finds the accused is incompetent to
stand trial, the judge shall report this finding to the general court-
martial convening authority, who shall commit the accused to the custody
of the Attorney General.
(f) Hospitalization of the accused. An accused who is found
incompetent to stand trial under this rule shall be hospitalized by the
Attorney General as provided in section 4241(d) of title 18, United
States Code. If notified that the accused has recovered to such an
extent that he or she is able to understand the nature of the
proceedings and to conduct or cooperate intelligently in the defense of
the case, then the general court-martial convening authority shall
promptly take custody of the accused. If, at the end of the period of
hospitalization, the accused's mental condition has not so improved,
action shall be taken in accordance with section 4246 of title 18,
United States Code.
(g) Excludable delay. All periods of commitment shall be excluded as
provided by R.C.M. 707(c). The 120-day time period under R.C.M. 707
shall begin anew on the date the general court-martial convening
authority takes custody of the accused at the end of any period of
commitment.''
j. R.C.M. 916(b) is amended to read as follows:
``(b) Burden of proof. Except for the defense of lack of mental
responsibility and the defense of mistake of fact as to age as described
in Part IV, para. 45c.(2) in a prosecution for carnal knowledge, the
prosecution shall
[[Page 161]]
have the burden of proving beyond a reasonable doubt that the defense
did not exist. The accused has the burden of proving the defense of lack
of mental responsibility by clear and convincing evidence, and has the
burden of proving mistake of fact as to age in a carnal knowledge
prosecution by a preponderance of the evidence.''
k. R.C.M. 916(j) is amended to read as follows:
``(j) Ignorance or mistake of fact.
(1) Generally. Except as otherwise provided in this subsection, it
is a defense to an offense that the accused held, as a result of
ignorance or mistake, an incorrect belief of the true circumstances such
that, if the circumstances were as the accused believed them, the
accused would not be guilty of the offense. If the ignorance or mistake
goes to an element requiring premeditation, specific intent,
willfulness, or knowledge of a particular fact, the ignorance or mistake
need only have existed in the mind of the accused. If the ignorance or
mistake goes to any other element requiring only general intent or
knowledge, the ignorance or mistake must have existed in the mind of the
accused and must have been reasonable under all the circumstances.
However, if the accused's knowledge or intent is immaterial as to an
element, then ignorance or mistake is not a defense.
(2) Carnal knowledge. It is a defense to a prosecution for carnal
knowledge that, at the time of the sexual intercourse, the person with
whom the accused had sexual intercourse was at least 12 years of age,
and the accused reasonably believed the person was at least 16 years of
age. The accused must prove this defense by a preponderance of the
evidence.''
l. R.C.M. 920(e)(5)(D) is amended to read as follows:
``(D) The burden of proof to establish the guilt of the accused
is upon the Government. [When the issue of lack of mental responsibility
is raised, add: The burden of proving the defense of lack of mental
responsibility by clear and convincing evidence is upon the accused.
When the issue of mistake of fact as to age in a carnal knowledge
prosecution is raised, add: The burden of proving the defense of mistake
of fact as to age in carnal knowledge by a preponderance of the evidence
is upon the accused.]''
m. R.C.M. 1005(e) is amended to read as follows:
``(e) Required Instructions. Instructions on sentence shall include:
(1) A statement of the maximum authorized punishment that may be
adjudged and of the mandatory minimum punishment, if any;
(2) A statement of the effect any sentence announced including a
punitive discharge and confinement, or confinement in excess of six
months, will have on the accused's entitlement to pay and allowances;
(3) A statement of the procedures for deliberation and voting on
the sentence set out in R.C.M. 1006;
(4) A statement informing the members that they are solely
responsible for selecting an appropriate sentence and may not rely on
the possibility of any mitigating action by the convening or higher
authority; and
(5) A statement that the members should consider all matters in
extenuation, mitigation, and aggravation, whether introduced before or
after findings, and matters introduced under R.C.M. 1001(b)(1), (2),
(3), and (5).''
[[Page 162]]
n. The heading for R.C.M. 1101 is amended as follows:
``Rule 1101. Report of result of trial; post-trial restraint; deferment
of confinement, forfeitures and reduction in grade; waiver of Article
58b forfeitures''
o. R.C.M. 1101(c) is amended as follows:
``(c) Deferment of confinement, forfeitures or reduction in grade.
(1) In general. Deferment of a sentence to confinement,
forfeitures, or reduction in grade is a postponement of the running of a
sentence.
(2) Who may defer. The convening authority or, if the accused is
no longer in the convening authority's jurisdiction, the officer
exercising general court-martial jurisdiction over the command to which
the accused is assigned, may, upon written application of the accused at
any time after the adjournment of the court-martial, defer the accused's
service of a sentence to confinement, forfeitures, or reduction in grade
that has not been ordered executed.
(3) Action on deferment request. The authority acting on the
deferment request may, in that authority's discretion, defer service of
a sentence to confinement, forfeitures, or reduction in grade. The
accused shall have the burden of showing that the interests of the
accused and the community in deferral outweigh the community's interest
in imposition of the punishment on its effective date. Factors that the
authority acting on a deferment request may consider in determining
whether to grant the deferment request include, where applicable: the
probability of the accused's flight; the probability of the accused's
commission of other offenses, intimidation of witnesses, or interference
with the administration of justice; the nature of the offenses
(including the effect on the victim) of which the accused was convicted;
the sentence adjudged; the command's immediate need for the accused; the
effect of deferment on good order and discipline in the command; the
accused's character, mental condition, family situation, and service
record. The decision of the authority acting on the deferment request
shall be subject to judicial review only for abuse of discretion. The
action of the authority acting on the deferment request shall be in
writing and a copy shall be provided to the accused.
(4) Orders. The action granting deferment shall be reported in the
convening authority's action under R.C.M. 1107(f)(4)(E) and shall
include the date of the action on the request when it occurs prior to or
concurrently with the action. Action granting deferment after the
convening authority's action under R.C.M. 1107 shall be reported in
orders under R.C.M. 1114 and included in the record of trial.
(5) Restraint when deferment is granted. When deferment of
confinement is granted, no form of restraint or other limitation on the
accused's liberty may be ordered as a substitute form of punishment. An
accused may, however, be restricted to specified limits or conditions
may be placed on the accused's liberty during the period of deferment
for any other proper reason, including a ground for restraint under
R.C.M. 304.
(6) End of deferment. Deferment of a sentence to confinement,
forfeitures, or reduction in grade ends when:
[[Page 163]]
(A) The convening authority takes action under R.C.M. 1107,
unless the convening authority specifies in the action that service of
confinement after the action is deferred;
(B) The confinement, forfeitures, or reduction in grade are
suspended;
(C) The deferment expires by its own terms; or
(D) The deferment is otherwise rescinded in accordance with
subsection (c)(7) of this rule. Deferment of confinement may not
continue after the conviction is final under R.C.M. 1209.
(7) Rescission of deferment.
(A) Who may rescind. The authority who granted the deferment or,
if the accused is no longer within that authority's jurisdiction, the
officer exercising general court-martial jurisdiction over the command
to which the accused is assigned, may rescind the deferment.
(B) Action. Deferment of confinement, forfeitures, or reduction
in grade may be rescinded when additional information is presented to a
proper authority which, when considered with all other information in
the case, that authority finds, in that authority's discretion, is
grounds for denial of deferment under subsection (c)(3) of this rule.
The accused shall promptly be informed of the basis for the rescission
and of the right to submit written matters on the accused's behalf and
to request that the rescission be reconsidered. However, the accused may
be required to serve the sentence to confinement, forfeitures, or
reduction in grade pending this action.
(C) Execution. When deferment of confinement is rescinded after
the convening authority's action under R.C.M. 1107, the confinement may
be ordered executed. However, no such order to rescind a deferment of
confinement may be issued within 7 days of notice of the rescission of a
deferment of confinement to the accused under subsection (c)(7)(B) of
this rule, to afford the accused an opportunity to respond. The
authority rescinding the deferment may extend this period for good cause
shown. The accused shall be credited with any confinement actually
served during this period.
(D) Orders. Rescission of a deferment before or concurrently
with the initial action in the case shall be reported in the action
under R.C.M. 1107(f)(4)(E), which action shall include the dates of the
granting of the deferment and the rescission. Rescission of a deferment
of confinement after the convening authority's action shall be reported
in supplementary orders in accordance with R.C.M. 1114 and shall state
whether the approved period of confinement is to be executed or whether
all or part of it is to be suspended.''
p. R.C.M. 101 is amended by adding the following new subparagraph (d):
``(d) Waiving forfeitures resulting from a sentence to confinement
to provide for dependent support.
(1) With respect to forfeiture of pay and allowances resulting
only by operation of law and not adjudged by the court, the convening
authority may waive, for a period not to exceed six months, all or part
of the forfeitures for the purpose of providing support to the accused's
dependent(s).
[[Page 164]]
The convening authority may waive and direct payment of any such
forfeitures when they become effective by operation of Article 57(a).
(2) Factors that may be considered by the convening authority in
determining the amount of forfeitures, if any, to be waived include, but
are not limited to, the length of the accused's confinement, the number
and age(s) of the accused's family members, whether the accused
requested waiver, any debts owed by the accused, the ability of the
accused's family members to find employment, and the availability of
transitional compensation for abused dependents permitted under 10
U.S.C. 1059.
(3) For the purposes of this Rule, a ``dependent'' means any
person qualifying as a ``dependent'' under 37 U.S.C. 401.''
q. The following new rule is added after R.C.M. 1102:
``Rule 1102A. Post-trial hearing for person found not guilty only by
reason of lack of mental responsibility
(a) In general. The military judge shall conduct a hearing not later
than forty days following the finding that an accused is not guilty only
by reason of a lack of mental responsibility.
(b) Psychiatric or psychological examination and report. Prior to
the hearing, the military judge or convening authority shall order a
psychiatric or psychological examination of the accused, with the
resulting psychiatric or psychological report transmitted to the
military judge for use in the post-trial hearing.
(c) Post-trial hearing.
(1) The accused shall be represented by defense counsel and shall
have the opportunity to testify, present evidence, call witnesses on his
or her behalf, and to confront and cross-examine witnesses who appear at
the hearing.
(2) The military judge is not bound by the rules of evidence
except with respect to privileges.
(3) An accused found not guilty only by reason of a lack of mental
responsibility of an offense involving bodily injury to another, or
serious damage to the property of another, or involving a substantial
risk of such injury or damage, has the burden of proving by clear and
convincing evidence that his or her release would not create a
substantial risk of bodily injury to another person or serious damage to
property of another due to a present mental disease or defect. With
respect to any other offense, the accused has the burden of such proof
by a preponderance of the evidence.
(4) If, after the hearing, the military judge finds the accused
has satisfied the standard specified in subsection (3) of this section,
the military judge shall inform the general court-martial convening
authority of this result and the accused shall be released. If, however,
the military judge finds after the hearing that the accused has not
satisfied the standard specified in subsection (3) of this section, then
the military judge shall inform the general court-martial convening
authority of this result and that authority may commit the accused to
the custody of the Attorney General.''
r. R.C.M. 1105(b) is amended to read as follows:
``(b) Matters that may be submitted.
[[Page 165]]
(1) The accused may submit to the convening authority any matters
that may reasonably tend to affect the convening authority's decision
whether to disapprove any findings of guilt or to approve the sentence.
The convening authority is only required to consider written
submissions.
(2) Submissions are not subject to the Military Rules of Evidence
and may include:
(A) Allegations of errors affecting the legality of the findings
or sentence;
(B) Portions or summaries of the record and copies of
documentary evidence offered or introduced at trial;
(C) Matters in mitigation that were not available for
consideration at the court-martial; and
(D) Clemency recommendations by any member, the military judge,
or any other person. The defense may ask any person for such a
recommendation.''
s. R.C.M. 1107(b)(4) is amended to read as follows:
``(4) When proceedings resulted in a finding of not guilty or not
guilty only by reason of lack of mental responsibility, or there was a
ruling amounting to a finding of not guilty. The convening authority
shall not take action disapproving a finding of not guilty, a finding of
not guilty only by reason of lack of mental responsibility, or a ruling
amounting to a finding of not guilty. When an accused is found not
guilty only by reason of lack of mental responsibility, the convening
authority, however, shall commit the accused to a suitable facility
pending a hearing and disposition in accordance with R.C.M. 1102A.''
t. The subheading for R.C.M. 1107(d)(3) is amended to read as follows:
``(3) Deferring service of a sentence to confinement.''
u. R.C.M. 1107(d)(3)(A) is amended to read as follows:
``(A) In a case in which a court-martial sentences an accused
referred to in subsection (B), below, to confinement, the convening
authority may defer service of a sentence to confinement by a court-
martial, without the consent of the accused, until after the accused has
been permanently released to the armed forces by a state or foreign
country.''
v. R.C.M. 1109 is amended to read as follows:
``Rule 1109. Vacation of suspension of sentence
(a) In general. Suspension of execution of the sentence of a court-
martial may be vacated for violation of the conditions of the suspension
as provided in this rule.
(b) Timeliness.
(1) Violation of conditions. Vacation shall be based on a
violation of the conditions of suspension that occurs within the period
of suspension.
(2) Vacation proceedings. Vacation proceedings under this rule
shall be completed within a reasonable time.
(3) Order vacating the suspension. The order vacating the
suspension shall be issued before the expiration of the period of
suspension.
[[Page 166]]
(4) Interruptions to the period of suspension. Unauthorized
absence of the probationer or the commencement of proceedings under this
rule to vacate suspension interrupts the running of the period of
suspension.
(c) Confinement of probationer pending vacation proceedings.
(1) In general. A probationer under a suspended sentence to
confinement may be confined pending action under subsection (d)(2) of
this rule, in accordance with the procedures in this subsection.
(2) Who may order confinement. Any person who may order pretrial
restraint under R.C.M. 304(b) may order confinement of a probationer
under a suspended sentence to confinement.
(3) Basis for confinement. A probationer under a suspended
sentence to confinement may be ordered into confinement upon probable
cause to believe the probationer violated any conditions of the
suspension.
(4) Review of confinement. Unless proceedings under subsection
(d)(1), (e), (f), or (g) of this rule are completed within 7 days of
imposition of confinement of the probationer (not including any delays
requested by probationer), a preliminary hearing shall be conducted by a
neutral and detached officer appointed in accordance with regulations of
the Secretary concerned.
(A) Rights of accused. Before the preliminary hearing, the
accused shall be notified in writing of:
(i) The time, place, and purpose of the hearing, including the
alleged violation(s) of the conditions of suspension;
(ii) The right to be present at the hearing;
(iii) The right to be represented at the hearing by civilian
counsel provided by the probationer or, upon request, by military
counsel detailed for this purpose; and
(iv) The opportunity to be heard, to present witnesses who are
reasonably available and other evidence, and the right to confront and
cross-examine adverse witnesses unless the hearing officer determines
that this would subject these witnesses to risk or harm. For purposes of
this subsection, a witness is not reasonably available if the witness
requires reimbursement by the United States for cost incurred in
appearing, cannot appear without unduly delaying the proceedings or, if
a military witness, cannot be excused from other important duties.
(B) Rules of evidence. Except for Mil. R. Evid. Section V
(Privileges) and Mil. R. Evid. 302 and 305, the Military Rules of
Evidence shall not apply to matters considered at the preliminary
hearing under this rule.
(C) Decision. The hearing officer shall determine whether there
is probable cause to believe that the probationer violated the
conditions of the probationer's suspension. If the hearing officer
determines that probable cause is lacking, the hearing officer shall
issue a written order directing that the probationer be released from
confinement. If the hearing officer determines that there is probable
cause to believe that the probationer violated the conditions of
suspension, the hearing officer shall set forth that decision in a
written memorandum, detailing therein the evidence relied upon and
reasons for making the decision. The hearing officer shall forward the
original memorandum or release order to the probationer's com
[[Page 167]]
mander and forward a copy to the probationer and the officer in charge
of the confinement facility.
(d) Vacation of suspended general court-martial sentence.
(1) Action by officer having special court-martial jurisdiction
over probationer.
(A) In general. Before vacation of the suspension of any general
court-martial sentence, the officer having special court-martial
jurisdiction over the probationer shall personally hold a hearing on the
alleged violation of the conditions of suspension. If there is no
officer having special court-martial jurisdiction over the probationer
who is subordinate to the officer having general court-martial
jurisdiction over the probationer, the officer exercising general court-
martial jurisdiction over the probationer shall personally hold a
hearing under subsection (d)(1) of this rule. In such cases, subsection
(d)(1)(D) of this rule shall not apply.
(B) Notice to probationer. Before the hearing, the officer
conducting the hearing shall cause the probationer to be notified in
writing of:
(i) The time, place, and purpose of the hearing;
(ii) The right to be present at the hearing;
(iii) The alleged violation(s) of the conditions of suspension
and the evidence expected to be relied on;
(iv) The right to be represented at the hearing by civilian
counsel provided by the probationer or, upon request, by military
counsel detailed for this purpose; and
(v) The opportunity to be heard, to present witnesses and
other evidence, and the right to confront and cross-examine adverse
witnesses, unless the hearing officer determines that there is good
cause for not allowing confrontation and cross-examination.
(C) Hearing. The procedure for the vacation hearing shall follow
that prescribed in R.C.M. 405(g), (h)(1), and (i).
(D) Record and recommendation. The officer who conducts the
vacation proceeding shall make a summarized record of the proceeding and
forward the record and that officer's written recommendation concerning
vacation to the officer exercising general court-martial jurisdiction
over the probationer.
(E) Release from confinement. If the special court-martial
convening authority finds there is not probable cause to believe that
the probationer violated the conditions of the suspension, the special
court-martial convening authority shall order the release of the
probationer from confinement ordered under subsection (c) of this rule.
The special court-martial convening authority shall, in any event,
forward the record and recommendation under subsection (d)(1)(D) of this
rule.
(2) Action by officer exercising general court-martial
jurisdiction over probationer.
(A) In general. The officer exercising general court-martial
jurisdiction over the probationer shall review the record produced by
and the recommendation of the officer exercising special court-martial
jurisdiction over the probationer, decide whether the probationer
violated a condition
[[Page 168]]
of suspension, and, if so, decide whether to vacate the suspended
sentence. If the officer exercising general court-martial jurisdiction
decides to vacate the suspended sentence, that officer shall prepare a
written statement of the evidence relied on and the reasons for vacating
the suspended sentence.
(B) Execution. Any unexecuted part of a suspended sentence
ordered vacated under this subsection shall, subject to R.C.M. 1113(c),
be ordered executed.
(e) Vacation of a suspended special court-martial sentence wherein a
bad-conduct discharge was not adjudged.
(1) In general. Before vacating the suspension of a special court-
martial punishment that does not include a bad-conduct discharge, the
special court-martial convening authority for the command in which the
probationer is serving or assigned shall cause a hearing to be held on
the alleged violation(s) of the conditions of suspension.
(2) Notice to probationer. The person conducting the hearing shall
notify the probationer, in writing, before the hearing of the rights
specified in subsection (d)(1)(B) of this rule.
(3) Hearing. The procedure for the vacation hearing shall follow
that prescribed in R.C.M. 405(g), (h)(1), and (i).
(4) Authority to vacate suspension. The special court-martial
convening authority for the command in which the probationer is serving
or assigned shall have the authority to vacate any punishment that the
officer has the authority to order executed.
(5) Record and recommendation. If the hearing is not held by the
commander with authority to vacate the suspension, the person who
conducts the hearing shall make a summarized record of the hearing and
forward the record and that officer's written recommendation concerning
vacation to the commander with authority to vacate the suspension.
(6) Decision. The special court-martial convening authority shall
review the record produced by and the recommendation of the person who
conducted the vacation proceeding, decide whether the probationer
violated a condition of suspension, and, if so, decide whether to vacate
the suspended sentence. If the officer exercising jurisdiction decides
to vacate the suspended sentence, that officer shall prepare a written
statement of the evidence relied on and the reasons for vacating the
suspended sentence.
(7) Execution. Any unexecuted part of a suspended sentence ordered
vacated under this subsection shall be ordered executed.
(f) Vacation of a suspended special court-martial sentence that
includes a bad-conduct discharge.
(1) The procedure for the vacation of a suspended approved bad-
conduct discharge shall follow that set forth in subsection (d) of this
rule.
(2) The procedure for the vacation of the suspension of any lesser
special court-martial punishment shall follow that set forth in
subsection (e) of this rule.
(g) Vacation of a suspended summary court-martial sentence.
(1) Before vacation of the suspension of a summary court-martial
sentence, the summary court-martial convening authority for the command
in
[[Page 169]]
which the probationer is serving or assigned shall cause a hearing to be
held on the alleged violation(s) of the conditions of suspension.
(2) Notice to probationer. The person conducting the hearing shall
notify the probationer before the hearing of the rights specified in
subsections (d)(1)(B)(i), (ii), (iii), and (v) of this rule.
(3) Hearing. The procedure for the vacation hearing shall follow
that prescribed in R.C.M. 405(g), (h)(1), and (i).
(4) Authority to vacate suspension. The summary court-martial
convening authority for the command in which the probationer is serving
or assigned shall have the authority to vacate any punishment that the
officer had the authority to order executed.
(5) Record and recommendation. If the hearing is not held by the
commander with authority to vacate the suspension, the person who
conducts the vacation proceeding shall make a summarized record of the
proceeding and forward the record and that officer's written
recommendation concerning vacation to the commander with authority to
vacate the suspension.
(6) Decision. A commander with authority to vacate the suspension
shall review the record produced by and the recommendation of the person
who conducted the vacation proceeding, decide whether the probationer
violated a condition of suspension, and, if so, decide whether to vacate
the suspended sentence. If the officer exercising jurisdiction decides
to vacate the suspended sentence, that officer shall prepare a written
statement of the evidence relied on and the reasons for vacating the
suspended sentence.
(7) Execution. Any unexecuted part of a suspended sentence ordered
vacated under this subsection shall be ordered executed.''
w. R.C.M. 1201(b)(3)(A) is amended to read as follows:
``(A) In general. Notwithstanding R.C.M. 1209, the Judge
Advocate General may, sua sponte or upon application of the accused or a
person with authority to act for the accused, vacate or modify, in whole
or in part, the findings, sentence, or both of a court-martial that has
been finally reviewed, but has not been reviewed either by a Court of
Criminal Appeals or by the Judge Advocate General under subsection
(b)(1) of this rule, on the ground of newly discovered evidence, fraud
on the court-martial, lack of jurisdiction over the accused or the
offense, error prejudicial to the substantial rights of the accused, or
the appropriateness of the sentence.''
x. R.C.M. 1203(c)(1) is amended to read as follows:
``(1) Forwarding by the Judge Advocate General to the Court of
Appeals for the Armed Forces. The Judge Advocate General may forward the
decision of the Court of Criminal Appeals to the Court of Appeals for
the Armed Forces for review with respect to any matter of law. In such a
case, the Judge Advocate General shall cause a copy of the decision of
the Court of Criminal Appeals and the order forwarding the case to be
served on the accused and on appellate defense counsel. While a review
of a forwarded case is pending, the Secretary concerned may defer
further service of a sentence to confinement that has been ordered
executed in such a case.''
y. R.C.M. 1210(a) is amended by adding at the end thereof the following
sentence:
[[Page 170]]
``A petition for a new trial of the facts may not be submitted on the
basis of newly discovered evidence when the petitioner was found guilty
of the relevant offense pursuant to a guilty plea.''
Sec. 2. Part III of the Manual for Courts-Martial, United States, is
amended as follows:
a. M.R.E. 412 is amended to read as follows:
``Rule 412. Nonconsensual sexual offenses; relevance of victim's
behavior or sexual predisposition
(a) Evidence generally inadmissible. The following evidence is not
admissible in any proceeding involving alleged sexual misconduct except
as provided in subdivisions (b) and (c) of this rule:
(1) Evidence offered to prove that any alleged victim engaged in
other sexual behavior; and
(2) Evidence offered to prove any alleged victim's sexual
predisposition.
(b) Exceptions.
(1) In a proceeding, the following evidence is admissible, if
otherwise admissible under these rules:
(A) Evidence of specific instances of sexual behavior by the
alleged victim offered to prove that a person other than the accused was
the source of semen, injury, or other physical evidence;
(B) Evidence of specific instances of sexual behavior by the
alleged victim with respect to the person accused of the sexual
misconduct offered by the accused to prove consent or by the
prosecution; and
(C) Evidence the exclusion of which would violate the
constitutional rights of the accused.
(c) Procedure to determine admissibility.
(1) A party intending to offer evidence under subdivision (b) of
this rule must:
(A) file a written motion at least 5 days prior to entry of
pleas specifically describing the evidence and stating the purpose for
which it is offered unless the military judge, for good cause shown,
requires a different time for filing or permits filing during trial; and
(B) serve the motion on the opposing party and the military
judge and notify the alleged victim or, when appropriate, the alleged
victim's guardian or representative.
(2) Before admitting evidence under this rule, the military judge
must conduct a hearing, which shall be closed. At this hearing, the
parties may call witnesses, including the alleged victim, and offer
relevant evidence. The victim must be afforded a reasonable opportunity
to attend and be heard. In a case before a court-martial composed of a
military judge and members, the military judge shall conduct the hearing
outside the presence of the members pursuant to Article 39(a). The
motion, related papers, and the record of the hearing must be sealed and
remain under seal unless the court orders otherwise.
[[Page 171]]
(3) If the military judge determines on the basis of the hearing
described in paragraph (2) of this subdivision that the evidence that
the accused seeks to offer is relevant and that the probative value of
such evidence outweighs the danger of unfair prejudice, such evidence
shall be admissible in the trial to the extent an order made by the
military judge specifies evidence that may be offered and areas with
respect to which the alleged victim may be examined or cross-examined.
(d) For purposes of this rule, the term ``sexual behavior'' includes
any sexual behavior not encompassed by the alleged offense. The term
``sexual predisposition'' refers to an alleged victim's mode of dress,
speech, or lifestyle that does not directly refer to sexual activities
or thoughts but that may have a sexual connotation for the factfinder.
(e) A ``nonconsensual sexual offense'' is a sexual offense in which
consent by the victim is an affirmative defense or in which the lack of
consent is an element of the offense. This term includes rape, forcible
sodomy, assault with intent to commit rape or forcible sodomy, indecent
assault, and attempts to commit such offenses.''
b. M.R.E. 413 is added to read as follows:
``Rule 413. Evidence of Similar Crimes in Sexual Assault Cases
(a) In a court-martial in which the accused is charged with an
offense of sexual assault, evidence of the accused's commission of one
or more offenses of sexual assault is admissible and may be considered
for its bearing on any matter to which it is relevant.
(b) In a court-martial in which the Government intends to offer
evidence under this rule, the Government shall disclose the evidence to
the accused, including statements of witnesses or a summary of the
substance of any testimony that is expected to be offered, at least 5
days before the scheduled date of trial, or at such later time as the
military judge may allow for good cause.
(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.
(d) For purposes of this rule, ``offense of sexual assault'' means
an offense punishable under the Uniform Code of Military Justice, or a
crime under Federal law or the law of a State that involved--
(1) any sexual act or sexual contact, without consent, proscribed
by the Uniform Code of Military Justice, Federal law, or the law of a
State;
(2) contact, without consent of the victim, between any part of
the accused's body, or an object held or controlled by the accused, and
the genitals or anus of another person;
(3) contact, without consent of the victim, between the genitals
or anus of the accused and any part of another person's body;
(4) deriving sexual pleasure or gratification from the infliction
of death, bodily injury, or physical pain on another person; or
(5) an attempt or conspiracy to engage in conduct described in
paragraphs (1) through (4).
(e) For purposes of this rule, the term ``sexual act'' means:
[[Page 172]]
(1) contact between the penis and the vulva or the penis and the
anus, and for purposes of this rule, contact occurs upon penetration,
however slight, of the penis into the vulva or anus;
(2) contact between the mouth and the penis, the mouth and the
vulva, or the mouth and the anus;
(3) the penetration, however slight, of the anal or genital
opening of another by a hand or finger or by any object, with an intent
to abuse, humiliate, harass, degrade, or arouse or gratify the sexual
desire of any person; or
(4) the intentional touching, not through the clothing, of the
genitalia of another person who has not attained the age of 16 years,
with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person.
(f) For purposes of this rule, the term ``sexual contact'' means the
intentional touching, either directly or through the clothing, of the
genitalia, anus, groin, breast, inner thigh, or buttocks of any person
with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person.
(g) For purposes of this rule, the term ``State'' includes a State
of the United States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, and any other territory or possession of the United
States.''
c. M.R.E. 414 is added to read as follows:
``Rule 414. Evidence of Similar Crimes in Child Molestation Cases
(a) In a court-martial in which the accused is charged with an
offense of child molestation, evidence of the accused's commission of
one or more offenses of child molestation is admissible and may be
considered for its bearing on any matter to which it is relevant.
(b) In a court-martial in which the Government intends to offer
evidence under this rule, the Government shall disclose the evidence to
the accused, including statements of witnesses or a summary of the
substance of any testimony that is expected to be offered, at least 5
days before the scheduled date of trial or at such later time as the
military judge may allow for good cause.
(c) This rule shall not be construed to limit the admission or
consideration of evidence under any other rule.
(d) For purposes of this rule, ``child'' means a person below the
age of sixteen, and ``offense of child molestation'' means an offense
punishable under the Uniform Code of Military Justice, or a crime under
Federal law or the law of a State that involved--
(1) any sexual act or sexual contact with a child proscribed by
the Uniform Code of Military Justice, Federal law, or the law of a
State;
(2) any sexually explicit conduct with children proscribed by the
Uniform Code of Military Justice, Federal law, or the law of a State;
(3) contact between any part of the accused's body, or an object
controlled or held by the accused, and the genitals or anus of a child;
(4) contact between the genitals or anus of the accused and any
part of the body of a child;
[[Page 173]]
(5) deriving sexual pleasure or gratification from the infliction
of death, bodily injury, or physical pain on a child; or
(6) an attempt or conspiracy to engage in conduct described in
paragraphs (1) through (5) of this subdivision.
(e) For purposes of this rule, the term ``sexual act'' means:
(1) contact between the penis and the vulva or the penis and the
anus, and for purposes of this rule contact occurs upon penetration,
however slight, of the penis into the vulva or anus;
(2) contact between the mouth and the penis, the mouth and the
vulva, or the mouth and the anus;
(3) the penetration, however slight, of the anal or genital
opening of another by a hand or finger or by any object, with an intent
to abuse, humiliate, harass, degrade, or arouse or gratify the sexual
desire of any person; or
(4) the intentional touching, not through the clothing, of the
genitalia of another person who has not attained the age of 16 years,
with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person.
(f) For purposes of this rule, the term ``sexual contact'' means the
intentional touching, either directly or through the clothing, of the
genitalia, anus, groin, breast, inner thigh, or buttocks of any person
with an intent to abuse, humiliate, harass, degrade, or arouse or
gratify the sexual desire of any person.
(g) For purpose of this rule, the term ``sexually explicit conduct''
means actual or simulated:
(1) sexual intercourse, including genital-genital, oral-genital,
anal-genital, or oral-anal, whether between persons of the same or
opposite sex;
(2) bestiality;
(3) masturbation;
(4) sadistic or masochistic abuse; or
(5) lascivious exhibition of the genitals or pubic area of any
person.
(h) For purposes of this rule, the term ``State'' includes a State
of the United States, the District of Columbia, Puerto Rico, Guam, the
Virgin Islands, and any other territory or possession of the United
States.''
d. M.R.E. 1102 is amended to read as follows:
``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.''
Sec. 3. Part IV of the Manual for Courts-Martial, United States, is
amended as follows:
a. Paragraph 19 is amended to read as follows:
``19. Article 95--Resistance, flight, breach of arrest, and escape
a. Text.
``Any person subject to this chapter who--
[[Page 174]]
(1) resists apprehension;
(2) flees from apprehension;
(3) breaks arrest; or
(4) escapes from custody or confinement shall be punished as a
court-martial may direct.''
b. Elements.
(1) Resisting apprehension.
(a) That a certain person attempted to apprehend the accused;
(b) That said person was authorized to apprehend the accused;
and
(c) That the accused actively resisted the apprehension.
(2) Flight from apprehension.
(a) That a certain person attempted to apprehend the accused;
(b) That said person was authorized to apprehend the accused;
and
(c) That the accused fled from the apprehension.
(3) Breaking arrest.
(a) That a certain person ordered the accused into arrest;
(b) That said person was authorized to order the accused into
arrest; and
(c) That the accused went beyond the limits of arrest before
being released from that arrest by proper authority.
(4) Escape from custody.
(a) That a certain person apprehended the accused;
(b) That said person was authorized to apprehend the accused;
and
(c) That the accused freed himself or herself from custody
before being released by proper authority.
(5) Escape from confinement.
(a) That a certain person ordered the accused into confinement;
(b) That said person was authorized to order the accused into
confinement; and
(c) That the accused freed himself or herself from confinement
before being released by proper authority. [Note: If the escape was from
post-trial confinement, add the following element]
(d) That the confinement was the result of a court-martial
conviction.
c. Explanation.
(1) Resisting apprehension.
(a) Apprehension. Apprehension is the taking of a person into
custody. See R.C.M. 302.
(b) Authority to apprehend. See R.C.M. 302(b) concerning who may
apprehend. Whether the status of a person authorized that person to
appre
[[Page 175]]
hend the accused is a question of law to be decided by the military
judge. Whether the person who attempted to make an apprehension had such
a status is a question of fact to be decided by the factfinder.
(c) Nature of the resistance. The resistance must be active,
such as assaulting the person attempting to apprehend. Mere words of
opposition, argument, or abuse, and attempts to escape from custody
after the apprehension is complete, do not constitute the offense of
resisting apprehension although they may constitute other offenses.
(d) Mistake. It is a defense that the accused held a reasonable
belief that the person attempting to apprehend did not have authority to
do so. However, the accused's belief at the time that no basis existed
for the apprehension is not a defense.
(e) Illegal apprehension. A person may not be convicted of
resisting apprehension if the attempted apprehension is illegal, but may
be convicted of other offenses, such as assault, depending on all the
circumstances. An attempted apprehension by a person authorized to
apprehend is presumed to be legal in the absence of evidence to the
contrary. Ordinarily the legality of an apprehension is a question of
law to be decided by the military judge.
(2) Flight from apprehension. The flight must be active, such as
running or driving away.
(3) Breaking arrest.
(a) Arrest. There are two types of arrest: pretrial arrest under
Article 9 (see R.C.M. 304), and arrest under Article 15 (see paragraph
5c.(3), Part V, MCM). This article prohibits breaking any arrest.
(b) Authority to order arrest. See R.C.M. 304(b) and paragraphs
2 and 5b, Part V, MCM, concerning authority to order arrest.
(c) Nature of restraint imposed by arrest. In arrest, the
restraint is moral restraint imposed by orders fixing the limits of
arrest.
(d) Breaking. Breaking arrest is committed when the person in
arrest infringes the limits set by orders. The reason for the
infringement is immaterial. For example, innocence of the offense with
respect to which an arrest may have been imposed is not a defense.
(e) Illegal arrest. A person may not be convicted of breaking
arrest if the arrest is illegal. An arrest ordered by one authorized to
do so is presumed to be legal in the absence of some evidence to the
contrary. Ordinarily, the legality of an arrest is a question of law to
be decided by the military judge.
(4) Escape from custody.
(a) Custody. ``Custody'' is restraint of free locomotion imposed
by lawful apprehension. The restraint may be physical or, once there has
been a submission to apprehension or a forcible taking into custody, it
may consist of control exercised in the presence of the prisoner by
official acts or orders. Custody is temporary restraint intended to
continue until other restraint (arrest, restriction, confinement) is
imposed or the person is released.
(b) Authority to apprehend. See subparagraph (1)(b) above.
[[Page 176]]
(c) Escape. For a discussion of escape, see subparagraph
c(5)(c), below.
(d) Illegal custody. A person may not be convicted of this
offense if the custody was illegal. An apprehension effected by one
authorized to apprehend is presumed to be lawful in the absence of
evidence to the contrary. Ordinarily, the legality of an apprehension is
a question of law to be decided by the military judge.
(e) Correctional custody. See paragraph 70.
(5) Escape from confinement.
(a) Confinement. Confinement is physical restraint imposed under
R.C.M. 305, 1101, or paragraph 5b, Part V, MCM. For purposes of the
element of post-trial confinement (subparagraph b(5)(d), above) and
increased punishment therefrom (subparagraph e(4), below), the
confinement must have been imposed pursuant to an adjudged sentence of a
court-martial, and not as a result of pretrial restraint or nonjudicial
punishment.
(b) Authority to order confinement. See R.C.M. 304(b), 1101, and
paragraphs 2 and 5b, Part V, MCM, concerning who may order confinement.
(c) Escape. An escape may be either with or without force or
artifice, and either with or without the consent of the custodian.
However, where a prisoner is released by one with apparent authority to
do so, the prisoner may not be convicted of escape from confinement. See
also paragraph 20c.(l)(b). Any completed casting off of the restraint of
confinement, before release by proper authority, is an escape, and lack
of effectiveness of the restraint imposed is immaterial. An escape is
not complete until the prisoner is momentarily free from the restraint.
If the movement toward escape is opposed, or before it is completed, an
immediate pursuit follows, there is no escape until opposition is
overcome or pursuit is eluded.
(d) Status when temporarily outside confinement facility. A
prisoner who is temporarily escorted outside a confinement facility for
a work detail or other reason by a guard, who has both the duty and
means to prevent that prisoner from escaping, remains in confinement.
(e) Legality of confinement. A person may not be convicted of
escape from confinement if the confinement is illegal. Confinement
ordered by one authorized to do so is presumed to be lawful in the
absence of evidence to the contrary. Ordinarily, the legality of
confinement is a question of law to be decided by the military judge.
d. Lesser included offenses.
(1) Resisting apprehension. Article 128--assault; assault
consummated by a battery
(2) Breaking arrest.
(a) Article 134--breaking restriction
(b) Article 80--attempts
(3) Escape from custody. Article 80--attempts
(4) Escape from confinement. Article 80--attempts
e. Maximum punishment.
[[Page 177]]
(1) Resisting apprehension. Bad-conduct discharge, forfeiture of
all pay and allowances, and confinement for 1 year.
(2) Flight from apprehension. Bad-conduct discharge, forfeiture of
all pay and allowances, and confinement for 1 year.
(3) Breaking arrest. Bad-conduct discharge, forfeiture of all pay
and allowances, and confinement for 6 months.
(4) Escape from custody, pretrial confinement, or confinement on
bread and water or diminished rations imposed pursuant to Article 15.
Dishonorable discharge, forfeiture of all pay and allowances, and
confinement for 1 year.
(5) Escape from post-trial confinement. Dishonorable discharge,
forfeiture of all pay and allowances, and confinement for 5 years.
f. Sample specifications.
(1) Resisting apprehension.
In that ______________ (personal jurisdiction data), did (at/on
board--location) (subject-matter jurisdiction data, if required), on or
about __________, 19____, resist being apprehended by __________, (an
armed force policeman) (__________), a person authorized to apprehend
the accused.
(2) Flight from apprehension.
In that ______________ (personal jurisdiction data), did (at/on
board--location) (subject matter jurisdiction data, if required), on or
about __________________ 19____, flee apprehension by ________________
(an armed force policeman) (__________________), a person authorized to
apprehend the accused.
(3) Breaking arrest.
In that ______________ (personal jurisdiction data), having been
placed in arrest (in quarters) (in his/her company area) (
__________________ ) by a person authorized to order the accused into
arrest, did, (at/on board--location) on or about ____________________
19____, break said arrest.
(4) Escape from custody.
In that ______________________ (personal jurisdiction data), did,
(at/on board--location) (subject-matter jurisdiction data, if required),
on or about __________________ 19____, escape from the custody of
__________________, a person authorized to apprehend the accused.
(5) Escape from confinement.
In that __________________ (personal jurisdiction data), having been
placed in (post-trial) confinement in (place of confinement), by a
person authorized to order said accused into confinement did, (at/on
board--location) (subject-matter jurisdiction data, if required), on or
about ________________ 19____, escape from confinement.''
b. The following new paragraph is added after paragraph 97:
``97a. Article 134--(Parole, Violation of)
a. Text. See paragraph 60.
b. Elements.
[[Page 178]]
(1) That the accused was a prisoner as the result of a court-
martial conviction or other criminal proceeding;
(2) That the accused was on parole;
(3) That there were certain conditions of parole that the parolee
was bound to obey;
(4) That the accused violated the conditions of parole by doing an
act or failing to do an act; and
(5) 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) ``Prisoner'' refers only to those in confinement resulting
from conviction at a court-martial or other criminal proceeding.
(2) ``Parole'' is defined as ``word of honor.'' A prisoner on
parole, or parolee, has agreed to adhere to a parole plan and conditions
of parole. A ``parole plan'' is a written or oral agreement made by the
prisoner prior to parole to do or refrain from doing certain acts or
activities. A parole plan may include a residence requirement stating
where and with whom a parolee will live, and a requirement that the
prisoner have an offer of guaranteed employment. ``Conditions of
parole'' include the parole plan and other reasonable and appropriate
conditions of parole, such as paying restitution, beginning or
continuing treatment for alcohol or drug abuse, or paying a fine ordered
executed as part of the prisoner's court-martial sentence. In return for
giving his or her ``word of honor'' to abide by a parole plan and
conditions of parole, the prisoner is granted parole.
d. Lesser included offense. Article 80--attempts.
e. Maximum punishment. Bad-conduct discharge, confinement for 6
months, and forfeiture of two-thirds pay per month for 6 months.
f. Sample specification.
In that ____________________ (personal jurisdiction data), a
prisoner on parole, did, (at/on board--location), on or about
____________, 19____, violate the conditions of his/her parole by
______________________________.''
c. Paragraph 45.a and b are amended to read as follows:
``45. Article 120--Rape and carnal knowledge
a. Text.
``(a) Any person subject to this chapter who commits an act of
sexual intercourse by force and without consent, is guilty of rape and
shall be punished by death or such other punishment as a court-martial
may direct.
(b) Any person subject to this chapter who, under circumstances not
amounting to rape, commits an act of sexual intercourse with a person--
(1) who is not his or her spouse; and
(2) who has not attained the age of sixteen years; is guilty of
carnal knowledge and shall be punished as a court-martial may direct.
(c) Penetration, however slight, is sufficient to complete either of
these offenses.
[[Page 179]]
(d)(1) In a prosecution under subsection (b), it is an affirmative
defense that--
(A) the person with whom the accused committed the act of sexual
intercourse had at the time of the alleged offense attained the age of
twelve years; and
(B) the accused reasonably believed that the person had at the
time of the alleged offense attained the age of 16 years.
(2) The accused has the burden of proving a defense under
subparagraph (d)(1) by a preponderance of the evidence.''
b. Elements.
(1) Rape.
(a) That the accused committed an act of sexual intercourse;
and
(b) That the act of sexual intercourse was done by force and
without consent.
(2) Carnal knowledge.
(a) That the accused committed an act of sexual intercourse
with a certain person;
(b) That the person was not the accused's spouse; and
(c) That at the time of the sexual intercourse the person was
under 16 years of age.''
d. Paragraph 45c.(2) is amended to read as follows:
``(2) Carnal knowledge. ``Carnal knowledge'' is sexual intercourse
under circumstances not amounting to rape, with a person who is not the
accused's spouse and who has not attained the age of 16 years. Any
penetration, however slight, is sufficient to complete the offense. It
is a defense, however, which the accused must prove by a preponderance
of the evidence, that at the time of the act of sexual intercourse, the
person with whom the accused committed the act of sexual intercourse was
at least 12 years of age, and that the accused reasonably believed that
this same person was at least 16 years of age.''
e. Paragraph 54e.(l) is amended to read as follows:
``(1) Simple Assault.
(A) Generally. Confinement for 3 months and forfeiture of two-
thirds pay per month for 3 months.
(B) When committed with an unloaded firearm. Dishonorable
discharge, forfeiture of all pay and allowances, and confinement for 3
years.''
Sec. 4. These amendments shall take effect on May 27, 1998, subject to
the following:
(a) The amendments made to Military Rules of Evidence 412, 413, and
414 shall apply only to courts-martial in which arraignment has been
completed on or after June 26, 1998.
(b) Nothing contained in these amendments shall be construed to make
punishable any act done or omitted prior to June 26, 1998, which was not
punishable when done or omitted.
[[Page 180]]
(c) The amendment made to Part IV, para. 45c.(2), authorizing a
mistake of fact defense as to age in carnal knowledge prosecutions is
effective in all cases in which the accused was arraigned on the offense
of carnal knowledge, or for a greater offense that is later reduced to
the lesser included offense of carnal knowledge, on or after February
10, 1996.
(d) 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 May 27, 1998, and any such nonjudicial punishment 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.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 27, 1998.
CHANGES TO THE DISCUSSION ACCOMPANYING THE MANUAL FOR COURTS-MARTIAL,
UNITED STATES.
a. The Discussion following R.C.M. 103 is amended by adding the
following two sections at the end of the Discussion:
``(14) ``Classified information'' (A) means any information or
material that has been determined by an official of the United States
pursuant to law, an Executive Order, or regulation to require protection
against unauthorized disclosure for reasons of national security, and
(B) any restricted data, as defined in section 2014(y) of title 42,
United States Code.
(15) ``National security'' means the national defense and foreign
relations of the United States.''
b. The Discussion following R.C.M. 405(e) is amended by adding the
following paragraph at the end of the Discussion:
``In investigating uncharged misconduct identified during the
pretrial investigation, the investigating officer will inform the
accused of the general nature of each uncharged offense investigated,
and otherwise afford the accused the same opportunity for
representation, cross examination, and presentation afforded during the
investigation of any charged offense.''
c. The Discussion following R.C.M. 703(e)(2)(G)(i) is amended by adding
the following sentence at the end of the second paragraph:
``Failing to comply with such a subpoena is a felony offense, and
may result in a fine or imprisonment, or both, at the discretion of the
district court.''
d. The following Discussion is inserted after the first two sentences of
R.C.M. 707(c):
``Periods during which the accused is hospitalized due to
incompetence or otherwise in the custody of the Attorney General are
excluded when determining speedy trial under this rule.''
e. The following Discussion is added after R.C.M. 909(f):
[[Page 181]]
``Under section 4241(d) of title 18, the initial period of
hospitalization for an incompetent accused shall not exceed four months.
However, in determining whether there is a substantial probability the
accused will attain the capacity to permit the trial to proceed in the
foreseeable future, the accused may be hospitalized for an additional
reasonable period of time.
This additional period of time ends either when the accused's mental
condition is improved so that trial may proceed, or when the pending
charges against the accused are dismissed. If charges are dismissed
solely due to the accused's mental condition, the accused is subject to
hospitalization as provided in section 4246 of title 18.''
f. The Discussion following R.C.M. 916(j) is amended by inserting the
following paragraph after the third paragraph in the Discussion:
``Examples of offenses in which the accused's intent or knowledge is
immaterial include: carnal knowledge (if the victim is under 12 years of
age, knowledge or belief as to age is immaterial) and improper use of
countersign (mistake as to authority of person to whom disclosed not a
defense). However, such ignorance or mistake may be relevant in
extenuation and mitigation.''
g. The Discussion following R.C.M. 1003(b)(2) is amended by inserting
the following paragraph after the first paragraph in the Discussion:
``Forfeitures of pay and allowances adjudged as part of a court-
martial sentence, or occurring by operation of Article 58b are effective
14 days after the sentence is adjudged or when the sentence is approved
by the convening authority, whichever is earlier.''
h. The Discussion following R.C.M. 1003(b)(2) is amended by adding the
following at the end of the Discussion:
``Forfeiture of pay and allowances under Article 58b is not a part
of the sentence, but is an administrative result thereof.
At general courts-martial, if both a punitive discharge and
confinement are adjudged, then the operation of Article 58b results in
total forfeiture of pay and allowances during that period of
confinement. If only confinement is adjudged, then if that confinement
exceeds six months, the operation of Article 58b results in total
forfeiture of pay and allowances during that period of confinement. If
only a punitive discharge is adjudged, Article 58b has no effect on pay
and allowances. A death sentence results in total forfeiture of pay and
allowances.
At a special court-martial, if a bad-conduct discharge and
confinement are adjudged, then the operation of Article 58b results in a
forfeiture of two-thirds of pay only during that period of confinement.
If only confinement is adjudged, however, then Article 58b has no effect
on adjudged forfeitures.
If the sentence, as approved by the convening authority or other
competent authority, does not result in forfeitures by the operation of
Article 58b, then only adjudged forfeitures are effective.
Article 58b has no effect on summary courts-martial.''
i. The Discussion following R.C.M. 1101(c)(6) is amended to read as
follows:
``When the sentence is ordered executed, forfeitures or reduction in
grade may be suspended, but may not be deferred; deferral of confinement
[[Page 182]]
may continue after action in accordance with R.C.M. 1107. A form of
punishment cannot be both deferred and suspended at the same time. When
deferment of confinement, forfeitures, or reduction in grade ends, the
sentence to confinement, forfeitures, or reduction in grade begins to
run or resumes running, as appropriate. When the convening authority has
specified in the action that confinement will be deferred after the
action, the deferment may not be terminated, except under subsections
(6)(B), (C), or (D), until the conviction is final under R.C.M. 1209.
See R.C.M. 1203 for deferment of a sentence to confinement pending
review under Article 67(a)(2).''
j. The following Discussion is added after R.C.M. 1101(d):
``Forfeitures resulting by operation of law, rather than those
adjudged as part of a sentence, may be waived for six months or for the
duration of the period of confinement, whichever is less. The waived
forfeitures are paid as support to dependent(s) designated by the
convening authority. When directing waiver and payment, the convening
authority should identify by name the dependent(s) to whom the payments
will be made and state the number of months for which the waiver and
payment shall apply. In cases where the amount to be waived and paid is
less than the jurisdictional limit of the court, the monthly dollar
amount of the waiver and payment should be stated.''
k. The Discussion following R.C.M. 1105(b) is amended by adding the
following at the end of the Discussion:
``Although only written submissions must be considered, the
convening authority may consider any submission by the accused,
including, but not limited to, videotapes, photographs, and oral
presentations.''
l. The following Discussion is added after R.C.M. 1107(b)(4):
``Commitment of the accused to the custody of the Attorney General
for hospitalization is discretionary.''
m. The Discussion following R.C.M. 1109(d)(1)(E) is amended to read as
follows:
``See Appendix 18 for a sample of a Report of Proceedings to Vacate
Suspension of a General Court-Martial Sentence under Article 72, UCMJ,
and R.C.M. 1109 (DD Form 455).''
n. The following Discussion is added after R.C.M. 1109(f):
``An officer exercising special court-martial jurisdiction may
vacate any suspended punishments other than an approved suspended bad-
conduct discharge, regardless of whether they are contained in the same
sentence as a bad-conduct discharge.
See Appendix 18 for a sample of a Report of Proceedings to Vacate
Suspension of a Special Court-Martial Sentence including a bad-conduct
discharge under Article 72, UCMJ, and R.C.M. 1109 (DD Form 455).''
CHANGES TO THE ANALYSIS ACCOMPANYING THE MANUAL FOR COURTS-MARTIAL,
UNITED STATES.
1. Changes to Appendix 21, the Analysis accompanying the Rules for
Courts-Martial (Part II, MCM).
[[Page 183]]
a. R.C.M. 103. The analysis accompanying R.C.M. 103 is amended by
inserting the following at the end thereof:
``1998 Amendment:'' The Discussion was amended to include new
definitions of ``classified information'' in (14) and ``national
security'' in (15). They are identical to those used in the Classified
Information Procedures Act (18 U.S.C. App. III Sec. 1, et. seq.). They
were added in connection with the change to Article 62(a)(1) (Appeals
Relating to Disclosure of Classified Information). See R.C.M. 908
(Appeal by the United States) and M.R.E. 505 (Classified Information).''
b. R.C.M. 405. The analysis accompanying R.C.M. 405(e) is amended by
inserting the following at the end thereof:
``1998 Amendment:'' This change is based on the amendments to
Article 32 enacted by Congress in section 1131, National Defense
Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat.
186, 464 (1996). It authorizes the Article 32 investigating officer to
investigate uncharged offenses when, during the course of the Article 32
investigation, the evidence indicates that the accused may have
committed such offenses. Permitting the investigating officer to
investigate uncharged offenses and recommend an appropriate disposition
benefits both the government and the accused. It promotes judicial
economy while still affording the accused the same rights the accused
would have in the investigation of preferred charges.''
c. R.C.M. 703. The analysis accompanying R.C.M. 703(e)(2)(G)(i) is
amended by inserting the following at the end thereof:
``1998 Amendment:'' The Discussion was amended to reflect the
amendment of Article 47, UCMJ, in section 1111 of the National Defense
Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat.
186, 461 (1996). The amendment removes limitations on the punishment
that a federal district court may impose for a civilian witness' refusal
to honor a subpoena to appear or testify before a court-martial.
Previously, the maximum sentence for a recalcitrant witness was ``a fine
of not more than $500.00, or imprisonment for not more than six months,
or both.'' The law now leaves the amount of confinement or fine to the
discretion of the federal district court.''
d. R.C.M. 706. The analysis accompanying R.C.M. 706 is amended by
inserting the following at the end thereof:
``1998 Amendment:'' Subsection (c)(2)(D) was amended to reflect the
standard for incompetence set forth in Article 76b, UCMJ.''
e. R.C.M. 707(c). The analysis accompanying R.C.M. 707(c) is amended by
inserting the following at the end thereof:
``1998 Amendment:'' In creating Article 76b, UCMJ, Congress mandated
the commitment of an incompetent accused to the custody of the Attorney
General. As an accused is not under military control during any such
period of custody, the entire time period is excludable delay under the
120-day speedy trial rule.''
f. R.C.M. 809. The analysis accompanying R.C.M. 809 is amended by adding
the following at the end thereof:
``1998 Amendment:'' R.C.M. 809 was amended to modernize military
contempt procedures, as recommended in United States v. Burnett, 27 M.J.
99, 106 (C.M.A. 1988). Thus, the amendment simplifies the contempt
procedure in trials by courts-martial by vesting contempt power in the
military
[[Page 184]]
judge and eliminating the members' involvement in the process. The
amendment also provides that the court-martial proceedings need not be
suspended while the contempt proceedings are conducted. The proceedings
will be conducted by the military judge in all cases, outside of the
members' presence. The military judge also exercises discretion as to
the timing of the proceedings and, therefore, may assure that the court-
martial is not otherwise unnecessarily disrupted or the accused
prejudiced by the contempt proceedings. See Sacher v. United States, 343
U.S. 1, 10, 72 S. Ct. 451, 455, 96 L. Ed. 717, 724 (1952). The amendment
also brings court-martial contempt procedures into line with the
procedure applicable in other courts.''
g. R.C.M. 908. The analysis accompanying R.C.M. 908 is amended by
inserting the following at the end thereof:
``1998 Amendment:'' The change to R.C.M. 908(a) resulted from the
amendment to Article 62, UCMJ, in section 1141, National Defense
Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat.
186, 466-67 (1996). It permits interlocutory appeal of rulings
disclosing classified information.''
h. R.C.M. 909. The analysis accompanying R.C.M. 909 is amended by
inserting the following at the end thereof:
``1998 Amendment:'' The rule was changed to provide for the
hospitalization of an incompetent accused after the enactment of Article
76b, UCMJ, in section 1133 of the National Defense Authorization Act for
Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat. 186, 464-66 (1996).''
i. R.C.M. 916(b). The analysis accompanying R.C.M. 916(b) is amended by
inserting the following at the end thereof:
``1998 Amendment:'' In enacting section 1113 of the National Defense
Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat.
186, 462 (1996), Congress amended Article 120, UCMJ, to create a mistake
of fact defense to a prosecution for carnal knowledge. The accused must
prove by a preponderance of the evidence that the person with whom he or
she had sexual intercourse was at least 12 years of age, and that the
accused reasonably believed that this person was at least 16 years of
age. The changes to R.C.M. 916(b) and (j) implement this amendment.''
j. R.C.M. 916(j). The analysis accompanying R.C.M. 916(j) is amended by
inserting the following at the end thereof:
``1998 Amendment:'' In enacting section 1113 of the National Defense
Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat.
186, 462 (1996), Congress amended Article 120, UCMJ, to create a mistake
of fact defense to a prosecution for carnal knowledge. The accused must
prove by a preponderance of the evidence that the person with whom he or
she had sexual intercourse was at least 12 years of age, and that the
accused reasonably believed that this person was at least 16 years of
age. The changes to R.C.M. 916(b) and (j) implement this amendment.''
k. R.C.M. 920(e). The analysis accompanying R.C.M. 920(e) is amended by
inserting the following at the end thereof:
``1998 Amendment:'' This change to R.C.M. 920(e) implemented
Congress' creation of a mistake of fact defense for carnal knowledge.
Article 120(d), UCMJ, provides that the accused must prove by a
preponderance of the evidence that the person with whom he or she had
sexual inter
[[Page 185]]
course was at least 12 years of age, and that the accused reasonably
believed that this person was at least 16 years of age.''
l. R.C.M. 1005(e). The analysis accompanying R.C.M. 1005(e) is amended
by inserting the following at the end thereof:
``1998 Amendment:'' The requirement to instruct members on the
effect a sentence including a punitive discharge and confinement, or
confinement exceeding six months, may have on adjudged forfeitures was
made necessary by the creation of Article 58b, UCMJ, in section 1122,
National Defense Authorization Act for Fiscal Year 1996, Pub. L. No.
104-106, 110 Stat. 186, 463 (1996).''
m. R.C.M. 1101. The analysis accompanying R.C.M. 1101(c) is amended by
inserting the following at the end thereof:
``1998 Amendment:'' In enacting section 1121 of the National Defense
Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat.
186, 462, 464 (1996), Congress amended Article 57(a) to make forfeitures
of pay and allowances and reductions in grade effective either 14 days
after being adjudged by a court-martial, or when the convening authority
takes action in the case, whichever was earlier in time. Until this
change, any forfeiture or reduction in grade adjudged by the court did
not take effect until convening authority action, which meant the
accused often retained the privileges of his or her rank and pay for up
to several months. The intent of the amendment to Article 57(a) was to
change this situation so that the desired punitive and rehabilitative
impact on the accused occurred more quickly.
Congress, however, desired that a deserving accused be permitted to
request a deferment of any adjudged forfeitures or reduction in grade,
so that a convening authority, in appropriate situations, might mitigate
the effect of Article 57(a).
This change to R.C.M. 1101 is in addition to the change to R.C.M.
1203. The latter implements Congress' creation of Article 57a, giving
the Service Secretary concerned the authority to defer a sentence to
confinement pending review under Article 67(a)(2).''
n. R.C.M. 1101(d). The analysis accompanying R.C.M. 1101(d) is added as
follows:
``1998 Amendment:'' This new subsection implements Article 58b,
UCMJ, created by section 1122, National Defense Authorization Act for
Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat. 186, 463 (1996). This
article permits the convening authority (or other person acting under
Article 60) to waive any or all of the forfeitures of pay and allowances
forfeited by operation of Article 58b(a) for a period not to exceed six
months. The purpose of such waiver is to provide support to some or all
of the accused's dependent(s) when circumstances warrant. The convening
authority directs the waiver and identifies those dependent(s) who shall
receive the payment(s).''
o. R.C.M. 1102A. The analysis accompanying R.C.M. 1102A is added as
follows:
``1998 Amendment:'' This new Rule implements Article 76b(b), UCMJ.
Created in section 1133 of the National Defense Authorization Act for
Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat. 186, 464-66 (1996), it
provides for a post-trial hearing within forty days of the finding that
the ac
[[Page 186]]
cused is not guilty only by reason of a lack of mental responsibility.
Depending on the offense concerned, the accused has the burden of
proving either by a preponderance of the evidence, or by clear and
convincing evidence, that his or her release would not create a
substantial risk of bodily injury to another person or serious damage to
property of another due to a present mental disease or defect. The
intent of the drafters is for R.C.M. 1102A to mirror the provisions of
sections 4243 and 4247 of title 18, United States Code.''
p. R.C.M. 1107(b). The analysis accompanying R.C.M. 1107(b) is amended
by inserting the following at the end thereof:
``1998 Amendment:'' Congress created Article 76b, UCMJ in section
1133 of the National Defense Authorization Act for Fiscal Year 1996,
Pub. L. No. 104-106, 110 Stat. 186, 464-66 (1996). It gives the
convening authority discretion to commit an accused found not guilty
only by reason of a lack of mental responsibility to the custody of the
Attorney General.''
q. R.C.M. 1107(d). The analysis accompanying R.C.M. 1107(d) is amended
by inserting the following at the end thereof:
``1998 Amendment:'' All references to ``postponing'' service of a
sentence to confinement were changed to use the more appropriate term,
``defer.''
r. R.C.M. 1109. The analysis accompanying R.C.M. 1109 is amended by
inserting the following at the end thereof:
``1998 Amendment:'' The Rule is amended to clarify that ``the
suspension of a special court-martial sentence which as approved
includes a bad-conduct discharge,'' permits the officer exercising
special court-martial jurisdiction to vacate any suspended punishments
other than an approved suspended bad-conduct discharge.''
s. R.C.M. 1203(c). The analysis accompanying R.C.M. 1203(c) is amended
by inserting the following at the end thereof:
``1998 Amendment:'' The change to the rule implements the creation
of Article 57a, UCMJ, contained in section 1123 of the National Defense
Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat.
186, 463-64 (1996). A sentence to confinement may be deferred by the
Secretary concerned when it has been set aside by a Court of Criminal
Appeals and a Judge Advocate General certifies the case to the Court of
Appeals for the Armed Forces for further review under Article 67(a)(2).
Unless it can be shown that the accused is a flight risk or a potential
threat to the community, the accused should be released from confinement
pending the appeal. See Moore v. Akins, 30 M.J. 249 (C.M.A. 1990).''
t. R.C.M. 1210. The analysis accompanying R.C.M. 1210 is amended by
inserting the following at the end thereof:
``1998 Amendment:'' R.C.M. 1210(a) was amended to clarify its
application consistent with interpretations of Fed. R. Crim. P. 33 that
newly discovered evidence is never a basis for a new trial of the facts
when the accused has pled guilty. See United States v. Lambert, 603 F.2d
808, 809 (10th Cir. 1979); see also United States v. Gordon, 4 F.3d
1567, 1572 n.3 (10th Cir. 1993), cert. denied, 510 U.S. 1184 (1994);
United States v. Collins, 898 F. 2d 103 (9th Cir. 1990)(per curiam);
United States v. Prince, 533 F.2d 205 (5th Cir. 1976); Williams v.
United States, 290 F.2d 217 (5th Cir. 1961). But see United States v.
Brown, 11 U.S.C.M.A. 207, 211, 29 C.M.R. 23, 27 (1960)(per Latimer,
J.)(newly discovered evidence could be used to attack guilty plea on
appeal in era prior to the guilty plea examination
[[Page 187]]
mandated by United States v. Care, 18 U.S.C.M.A. 535, 40 C.M.R. 247
(1969) and R.C.M. 910(e)). Article 73 authorizes a petition for a new
trial of the facts when there has been a trial. When there is a guilty
plea, there is no trial. See R.C.M. 910(j). The amendment is made in
recognition of the fact that it is difficult, if not impossible, to
determine whether newly discovered evidence would have an impact on the
trier of fact when there has been no trier of fact and no previous trial
of the facts at which other pertinent evidence has been adduced.
Additionally, a new trial may not be granted on the basis of newly
discovered evidence unless ``[t]he newly discovered evidence, if
considered by a court-martial in the light of all other pertinent
evidence, would probably produce a substantially more favorable result
for the accused.'' R.C.M. 1210(f)(2)(C).''
2. Changes to Appendix 22, the Analysis accompanying the Military Rules
of Evidence (Part III, MCM).
a. M.R.E. 412. The analysis accompanying M.R.E. 412 is amended by
inserting the following at the end thereof:
``1998 Amendment:'' The revisions to Rule 412 reflect changes made
to Federal Rule of Evidence 412 by section 40141 of the Violent Crime
Control and Law Enforcement Act of 1994, Pub L. No. 103-322, 108 Stat.
1796, 1918-19 (1994). The purpose of the amendments is to safeguard the
alleged victim against the invasion of privacy and potential
embarrassment that is associated with public disclosure of intimate
sexual details and the infusion of sexual innuendo into the factfinding
process.
The terminology ``alleged victim'' is used because there will
frequently be a factual dispute as to whether the sexual misconduct
occurred. Rule 412 does not, however, apply unless the person against
whom the evidence is offered can reasonably be characterized as a
``victim of alleged sexual misconduct.''
The term ``sexual predisposition'' is added to Rule 412 to conform
military practice to changes made to the Federal Rule. The purpose of
this change is to exclude all other evidence relating to an alleged
victim of sexual misconduct that is offered to prove a sexual
predisposition. It is designed to exclude evidence that does not
directly refer to sexual activities or thoughts but that the accused
believes may have a sexual connotation for the factfinder. Admission of
such evidence would contravene Rule 412's objectives of shielding the
alleged victim from potential embarrassment and safeguarding the victim
against stereotypical thinking. Consequently, unless an exception under
(b)(1) is satisfied, evidence such as that relating to the alleged
victim's mode of dress, speech, or lifestyle is inadmissible.
In drafting Rule 412, references to civil proceedings were deleted,
as these are irrelevant to courts-martial practice. Otherwise, changes
in procedure made to the Federal Rule were incorporated, but tailored to
military practice. The Military Rule adopts a 5-day notice period,
instead of the 14-day period specified in the Federal Rule.
Additionally, the military judge, for good cause shown, may require a
different time for such notice or permit notice during trial. The 5-day
period preserves the intent of the Federal Rule that an alleged victim
receive timely notice of any attempt to offer evidence protected by Rule
412, however, given the relatively short time period between referral
and trial, the 5-day period is deemed more compatible with courts-
martial practice.
[[Page 188]]
Similarly, a closed hearing was substituted for the in camera
hearing required by the Federal Rule. Given the nature of the in camera
procedure used in Military Rule of Evidence 505(i)(4), and that an in
camera hearing in the district courts more closely resembles a closed
hearing conducted pursuant to Article 39(a), the latter was adopted as
better suited to trial by courts-martial. Any alleged victim is afforded
a reasonable opportunity to attend and be heard at the closed Article
39(a) hearing. The closed hearing, combined with the new requirement to
seal the motion, related papers, and the record of the hearing, fully
protects an alleged victim against invasion of privacy and potential
embarrassment.''
b. M.R.E. 413. The analysis accompanying M.R.E. 413 is added as follows:
``1998 Amendment:'' This amendment is intended to provide for more
liberal admissibility of character evidence in criminal cases of sexual
assault where the accused has committed a prior act of sexual assault.
Rule 413 is nearly identical to its Federal Rule counterpart. A
number of changes were made, however, to tailor the Rule to military
practice. First, all references to Federal Rule 415 were deleted, as it
applies only to civil proceedings. Second, military justice terminology
was substituted where appropriate (e.g. accused for defendant, court-
martial for case). Third, the 5-day notice requirement in Rule 413(b)
replaced a 15-day notice requirement in the Federal Rule. A 5-day
requirement is better suited to military discovery practice. This 5-day
notice requirement, however, is not intended to restrict a military
judge's authority to grant a continuance under R.C.M. 906(b)(1). Fourth,
Rule 413(d) has been modified to include violations of the Uniform Code
of Military Justice. Also, the phrase ``without consent'' was added to
Rule 413(d)(1) to specifically exclude the introduction of evidence
concerning adultery or consensual sodomy. Last, all incorporation by way
of reference was removed by adding subsections (e), (f), and (g). The
definitions in those subsections were taken from title 18, United States
Code Sec. Sec. 2246(2), 2246(3), and 513(c)(5), respectively.
Although the Rule states that the evidence ``is admissible,'' the
drafters intend that the courts apply Rule 403 balancing to such
evidence. Apparently, this also was the intent of Congress. The
legislative history reveals that ``the general standards of the rules of
evidence will continue to apply, including the restrictions on hearsay
evidence and the court's authority under evidence rule 403 to exclude
evidence whose probative value is substantially outweighed by its
prejudicial effect.'' 140 Cong. Rec. S12,990 (daily ed. Sept. 20,
1994)(Floor Statement of the Principal Senate Sponsor, Senator Bob Dole,
Concerning the Prior Crimes Evidence Rules for Sexual Assault and Child
Molestation Cases).
When ``weighing the probative value of such evidence, the court may,
as part of its rule 403 determination, consider proximity in time to the
charged or predicate misconduct; similarity to the charged or predicate
misconduct; frequency of the other acts; surrounding circumstances;
relevant intervening events; and other relevant similarities or
differences.'' (Report of the Judicial Conference of the United States
on the Admission of Character Evidence in Certain Sexual Misconduct
Cases).''
c. M.R.E. 414. The analysis accompanying M.R.E. 414 is added as follows:
``1998 Amendment:'' This amendment is intended to provide for more
liberal admissibility of character evidence in criminal cases of child
moles
[[Page 189]]
tation where the accused has committed a prior act of sexual assault or
child molestation.
Rule 414 is nearly identical to its Federal Rule counterpart. A
number of changes were made, however, to tailor the Rule to military
practice. First, all references to Federal Rule 415 were deleted, as it
applies only to civil proceedings. Second, military justice terminology
was substituted where appropriate (e.g. accused for defendant, court-
martial for case). Third, the 5-day notice requirement in Rule 414(b)
replaced a 15-day notice requirement in the Federal Rule. A 5-day
requirement is better suited to military discovery practice. This 5-day
notice requirement, however, is not intended to restrict a military
judge's authority to grant a continuance under R.C.M. 906(b)(1). Fourth,
Rule 414(d) has been modified to include violations of the Uniform Code
of Military Justice. Last, all incorporation by way of reference was
removed by adding subsections (e), (f), (g), and (h). The definitions in
those subsections were taken from title 18, United States Code
Sec. Sec. 2246(2), 2246(3), 2256(2), and 513(c)(5), respectively.
Although the Rule states that the evidence ``is admissible,'' the
drafters intend that the courts apply Rule 403 balancing to such
evidence. Apparently, this was also the intent of Congress. The
legislative history reveals that ``the general standards of the rules of
evidence will continue to apply, including the restrictions on hearsay
evidence and the court's authority under evidence rule 403 to exclude
evidence whose probative value is substantially outweighed by its
prejudicial effect.'' 140 Cong. Rec. S12,990 (daily ed. Sept. 20,
1994)(Floor Statement of the Principal Senate Sponsor, Senator Bob Dole,
Concerning the Prior Crimes Evidence Rules for Sexual Assault and Child
Molestation Cases).
When ``weighing the probative value of such evidence, the court may,
as part of its rule 403 determination, consider proximity in time to the
charged or predicate misconduct; similarity to the charged or predicate
misconduct; frequency of the other acts; surrounding circumstances;
relevant intervening events; and other relevant similarities or
differences.'' (Report of the Judicial Conference of the United States
on the Admission of Character Evidence in Certain Sexual Misconduct
Cases).''
d. M.R.E. 1102. The analysis accompanying M.R.E. 1102 is amended by
inserting the following at the end thereof:
``1998 Amendment:'' The Rule is amended to increase to 18 months the
time period between changes to the Federal Rules of Evidence and
automatic amendment of the Military Rules of Evidence. This extension
allows for the timely submission of changes through the annual review
process.''
3. Changes to Appendix 23, the Analysis accompanying the Punitive
Articles (Part IV, MCM).
a. Article 95--Resistance, flight, breach of arrest and escape. The
following analysis is inserted after the analysis to Article 95:
``1998 Amendment:'' Subparagraphs a, b, c and f were amended to
implement the amendment to 10 U.S.C. Sec. 895 (Article 95, UCMJ)
contained in section 1112 of the National Defense Authorization Act for
Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat. 186, 461 (1996). The
amendment proscribes fleeing from apprehension without regard to whether
the accused otherwise resisted apprehension. The amendment responds to
the U.S. Court of Appeals for the Armed Forces decisions in United
States v. Harris,
[[Page 190]]
29 M.J. 169 (C.M.A. 1989), and United States v. Burgess, 32 M.J. 446
(C.M.A. 1991). In both cases, the court held that resisting apprehension
does not include fleeing from apprehension, contrary to the then-
existing explanation in Part IV, paragraph 19c.(1)(c), MCM, of the
nature of the resistance required for resisting apprehension. The 1951
and 1969 Manuals for Courts-Martial also explained that flight could
constitute resisting apprehension under Article 95, an interpretation
affirmed in the only early military case on point, United States v.
Mercer, 11 C.M.R. 812 (A.F.B.R. 1953). Flight from apprehension should
be expressly deterred and punished under military law. Military
personnel are specially trained and routinely expected to submit to
lawful authority. Rather than being a merely incidental or reflexive
action, flight from apprehension in the context of the armed forces may
have a distinct and cognizable impact on military discipline.''
b. Article 120--Rape and carnal knowledge. The following analysis is
inserted after the analysis to Article 120:
``1998 Amendment:'' In enacting section 1113 of the National Defense
Authorization Act for Fiscal Year 1996, Pub. L. No. 104-106, 110 Stat.
186, 462 (1996), Congress amended Article 120, UCMJ, to make the offense
gender neutral and create a mistake of fact as to age defense to a
prosecution for carnal knowledge. The accused must prove by a
preponderance of the evidence that the person with whom he or she had
sexual intercourse was at least 12 years of age, and that the accused
reasonably believed that this person was at least 16 years of age.''
c. Article 128--Assault. The following analysis is inserted after the
analysis to Article 128, para. e:
``1998 Amendment:'' A separate maximum punishment for assault with
an unloaded firearm was created due to the serious nature of the
offense. Threatening a person with an unloaded firearm places the victim
of that assault in fear of losing his or her life. Such a traumatic
experience is a far greater injury to the victim than that sustained in
the course of a typical simple assault. Therefore, it calls for an
increased punishment.''
d. Article 134--(Parole, Violation of). The following new analysis
paragraph is inserted after paragraph 97:
``97a. Article 134--(Parole, Violation of)
1998 Amendment: The addition of paragraph 97a to Part IV, Punitive
Articles, makes clear that violation of parole is an offense under
Article 134, UCMJ. Both the 1951 and 1969 Manuals for Courts-Martial
listed the offense in their respective Table of Maximum Punishments. No
explanatory guidance, however, was contained in the discussion of
Article 134, UCMJ in the Manual for Courts-Martial. The drafters added
paragraph 97a to ensure that an explanation of the offense, to include
its elements and a sample specification, is contained in the Manual for
Courts-Martial, Part IV, Punitive Articles. See generally United States
v. Faist, 41 C.M.R. 720 (A.C.M.R. 1970); United States v. Ford, 43
C.M.R. 551 (A.C.M.R. 1970).''
[[Page 191]]
Executive Order 13087 of May 28, 1998
Further Amendment to Executive Order 11478, Equal Employment Opportunity
in the Federal Government
By the authority vested in me as President by the Constitution and the
laws of the United States, and in order to provide for a uniform policy
for the Federal Government to prohibit discrimination based on sexual
orientation, it is hereby ordered that Executive Order 11478, as
amended, is further amended as follows:
Section 1. The first sentence of section 1 is amended by substituting
``age, or sexual orientation'' for ``or age''.
Sec. 2. The second sentence of section 1 is amended by striking the
period and adding at the end of the sentence ``, to the extent permitted
by law.''.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 28, 1998.
Executive Order 13088 of June 9, 1998
Blocking Property of the Governments of the Federal Republic of
Yugoslavia (Serbia and Montenegro), the Republic of Serbia, and the
Republic of Montenegro, and Prohibiting New Investment in the Republic
of Serbia in Response to the Situation in Kosovo
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 (IEEPA) (50 U.S.C. 1701 et seq.), the
National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of
title 3, United States Code,
I, WILLIAM J. CLINTON, President of the United States of America, find
that the actions and policies of the Governments of the Federal Republic
of Yugoslavia (Serbia and Montenegro) and the Republic of Serbia with
respect to Kosovo, by promoting ethnic conflict and human suffering,
threaten to destabilize countries of the region and to disrupt progress
in Bosnia and Herzegovina in implementing the Dayton peace agreement,
and therefore constitute 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.
I hereby order:
Section 1. (a) Except to the extent provided in section 2 of this
order, section 203(b) of IEEPA (50 U.S.C. 1702(b)), and in regulations,
orders, directives, or licenses that may hereafter be issued pursuant to
this order, all property and interests in property of the Governments of
the Federal Republic of Yugoslavia (Serbia and Montenegro), the Republic
of Serbia, and
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the Republic of Montenegro 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 hereby blocked.
(b) The blocking of property and property interests in paragraph (a)
of this section includes the prohibition of financial transactions with,
including trade financing for, the Governments of the Federal Republic
of Yugoslavia (Serbia and Montenegro), the Republic of Serbia, and the
Republic of Montenegro by United States persons.
Sec. 2. Nothing in section 1 of this order shall prohibit financial
transactions, including trade financing, by United States persons within
the territory of the Federal Republic of Yugoslavia (Serbia and
Montenegro) if (a) conducted exclusively through the domestic banking
system within the Federal Republic of Yugoslavia (Serbia and Montenegro)
in local currency (dinars), or (b) conducted using bank notes or barter.
Sec. 3. Except as otherwise provided in regulations, orders,
directives, or licenses that may hereafter be issued pursuant to this
order, all new investment by United States persons in the territory of
the Republic of Serbia, and the approval or other facilitation by United
States persons of other persons' new investment in the territory of the
Republic of Serbia, are prohibited.
Sec. 4. Any transaction by a United States person that evades or
avoids, or has the purpose of evading or avoiding, or attempts to
violate, any of the prohibitions set forth in this order is prohibited.
Sec. 5. 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, or other organization;
(c) The term ``new investment'' means (i) the acquisition of debt or
equity interests in, (ii) a commitment or contribution of funds or other
assets to, or (iii) a loan or other extension of credit to, a public or
private undertaking, entity, or project, including the Government of the
Republic of Serbia, other than donations of funds for purely
humanitarian purposes to charitable organizations;
(d) The term ``United States person'' means any United States
citizen, permanent resident alien, juridical person organized under the
laws of the United States (including foreign branches), or any person in
the United States;
(e) The term ``Government of the Federal Republic of Yugoslavia
(Serbia and Montenegro)'' means the government of the Federal Republic
of Yugoslavia (Serbia and Montenegro), its agencies, instrumentalities,
and controlled entities, including all financial institutions and state-
owned and socially owned entities organized or located in the Federal
Republic of Yugoslavia (Serbia and Montenegro) as of June 9, 1998, any
successors to such entities, and their respective subsidiaries and
branches, wherever located, and any persons acting or purporting to act
for or on behalf of any of the foregoing;
[[Page 193]]
(f) The term ``Government of the Republic of Serbia'' means the
government of the Republic of Serbia, including any subdivisions thereof
or local governments therein, its agencies, instrumentalities, and
controlled entities, including all financial institutions and state-
owned and socially owned entities organized or located in the Republic
of Serbia as of June 9, 1998, any successors to such entities, and their
respective subsidiaries and branches, wherever located, and any persons
acting or purporting to act for or on behalf of any of the foregoing;
(g) The term ``Government of the Republic of Montenegro'' means the
government of the Republic of Montenegro, including any subdivisions
thereof or local governments therein, its agencies, instrumentalities,
and controlled entities, including all financial institutions and state-
owned and socially owned entities organized or located in the Republic
of Montenegro as of June 9, 1998, any successors to such entities, and
their respective subsidiaries and branches, wherever located, and any
persons acting or purporting to act for or on behalf of any of the
foregoing.
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 me by the International Emergency Economic Powers Act, 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, all agencies of which are
hereby directed to take all appropriate measures within their authority
to carry out the provisions of this order, including suspension or
termination of licenses or other authorizations in effect as of the
effective date of this order.
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State, shall give special consideration to the
circumstances of the Government of the Republic of Montenegro and
persons located in and organized under the laws of the Republic of
Montenegro in the implementation of this order.
Sec. 8. Nothing contained in this order shall confer any substantive
or procedural right or privilege on any person or organization,
enforceable against the United States, its agencies or its officers.
Sec. 9. (a) This order is effective at 12:01 a.m. eastern daylight
time on June 10, 1998.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
June 9, 1998.
Executive Order 13089 of June 11, 1998
Coral Reef Protection
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
[[Page 194]]
Clean Water Act of 1977, as amended (33 U.S.C. 1251, et seq.), Coastal
Zone Management Act (16 U.S.C. 1451, et seq.), Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1801, et seq.), National
Environmental Policy Act of 1969, as amended (42 U.S.C. 4321, et seq.),
National Marine Sanctuaries Act, (16 U.S.C. 1431, et seq.), National
Park Service Organic Act (16 U.S.C. 1, et seq.), National Wildlife
Refuge System Administration Act (16 U.S.C. 668dd-ee), and other
pertinent statutes, to preserve and protect the biodiversity, health,
heritage, and social and economic value of U.S. coral reef ecosystems
and the marine environment, it is hereby ordered as follows:
Section 1. Definitions. (a) ``U.S. coral reef ecosystems'' means those
species, habitats, and other natural resources associated with coral
reefs in all maritime areas and zones subject to the jurisdiction or
control of the United States (e.g., Federal, State, territorial, or
commonwealth waters), including reef systems in the south Atlantic,
Caribbean, Gulf of Mexico, and Pacific Ocean. (b) ``U.S. Coral Reef
Initiative'' is an existing partnership between Federal agencies and
State, territorial, commonwealth, and local governments, nongovernmental
organizations, and commercial interests to design and implement
additional management, education, monitoring, research, and restoration
efforts to conserve coral reef ecosystems for the use and enjoyment of
future generations. The existing U.S. Islands Coral Reef Initiative
strategy covers approximately 95 percent of U.S. coral reef ecosystems
and is a key element of the overall U.S. Coral Reef Initiative. (c)
``International Coral Reef Initiative'' is an existing partnership,
founded by the United States in 1994, of governments, intergovernmental
organizations, multilateral development banks, nongovernmental
organizations, scientists, and the private sector whose purpose is to
mobilize governments and other interested parties whose coordinated,
vigorous, and effective actions are required to address the threats to
the world's coral reefs.
Sec. 2. Policy. (a) All Federal agencies whose actions may affect U.S.
coral reef ecosystems shall: (a) identify their actions that may affect
U.S. coral reef ecosystems; (b) utilize their programs and authorities
to protect and enhance the conditions of such ecosystems; and (c) to the
extent permitted by law, ensure that any actions they authorize, fund,
or carry out will not degrade the conditions of such ecosystems.
(b) Exceptions to this section may be allowed under terms prescribed
by the heads of Federal agencies:
(1) during time of war or national emergency;
(2) when necessary for reasons of national security, as determined
by the President;
(3) during emergencies posing an unacceptable threat to human health
or safety or to the marine environment and admitting of no other
feasible solution; or
(4) 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.
Sec. 3. Federal Agency Responsibilities. In furtherance of section 2 of
this order, Federal agencies whose actions affect U.S. coral reef
ecosystems, shall, subject to the availability of appropriations,
provide for implementation of measures needed to research, monitor,
manage, and restore affected
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ecosystems, including, but not limited to, measures reducing impacts
from pollution, sedimentation, and fishing. To the extent not
inconsistent with statutory responsibilities and procedures, these
measures shall be developed in cooperation with the U.S. Coral Reef Task
Force and fishery management councils and in consultation with affected
States, territorial, commonwealth, tribal, and local government
agencies, nongovernmental organizations, the scientific community, and
commercial interests.
Sec. 4. U.S. Coral Reef Task Force. The Secretary of the Interior and
the Secretary of Commerce, through the Administrator of the National
Oceanic and Atmospheric Administration, shall co-chair a U.S. Coral Reef
Task Force (``Task Force''), whose members shall include, but not be
limited to, the Administrator of the Environmental Protection Agency,
the Attorney General, the Secretary of the Interior, the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Defense, the
Secretary of State, the Secretary of Transportation, the Director of the
National Science Foundation, the Administrator of the Agency for
International Development, and the Administrator of the National
Aeronautics and Space Administration. The Task Force shall oversee
implementation of the policy and Federal agency responsibilities set
forth in this order, and shall guide and support activities under the
U.S. Coral Reef Initiative (``CRI''). All Federal agencies whose actions
may affect U.S. coral reef ecosystems shall review their participation
in the CRI and the strategies developed under it, including strategies
and plans of State, territorial, commonwealth, and local governments,
and, to the extent feasible, shall enhance Federal participation and
support of such strategies and plans. The Task Force shall work in
cooperation with State, territorial, commonwealth, and local government
agencies, nongovernmental organizations, the scientific community, and
commercial interests.
Sec. 5. Duties of the U.S. Coral Reef Task Force.
(a) Coral Reef Mapping and Monitoring. The Task Force, in
cooperation with State, territory, commonwealth, and local government
partners, shall coordinate a comprehensive program to map and monitor
U.S. coral reefs. Such programs shall include, but not be limited to,
territories and commonwealths, special marine protected areas such as
National Marine Sanctuaries, National Estuarine Research Reserves,
National Parks, National Wildlife Refuges, and other entities having
significant coral reef resources. To the extent feasible, remote sensing
capabilities shall be developed and applied to this program and local
communities should be engaged in the design and conduct of programs.
(b) Research. The Task Force shall develop and implement, with the
scientific community, research aimed at identifying the major causes and
consequences of degradation of coral reef ecosystems. This research
shall include fundamental scientific research to provide a sound
framework for the restoration and conservation of coral reef ecosystems
worldwide. To the extent feasible, existing and planned environmental
monitoring and mapping programs should be linked with scientific
research activities. This Executive order shall not interfere with the
normal conduct of scientific studies on coral reef ecosystems.
(c) Conservation, Mitigation, and Restoration. The Task Force, in
cooperation with State, territorial, commonwealth, and local government
agencies, nongovernmental organizations, the scientific community and
[[Page 196]]
commercial interests, shall develop, recommend, and seek or secure
implementation of measures necessary to reduce and mitigate coral reef
ecosystem degradation and to restore damaged coral reefs. These measures
shall include solutions to problems such as land-based sources of water
pollution, sedimentation, detrimental alteration of salinity or
temperature, over-fishing, over-use, collection of coral reef species,
and direct destruction caused by activities such as recreational and
commercial vessel traffic and treasure salvage. In developing these
measures, the Task Force shall review existing legislation to determine
whether additional legislation is necessary to complement the policy
objectives of this order and shall recommend such legislation if
appropriate. The Task Force shall further evaluate existing navigational
aids, including charts, maps, day markers, and beacons to determine if
the designation of the location of specific coral reefs should be
enhanced through the use, revision, or improvement of such aids.
(d) International Cooperation. The Secretary of State and the
Administrator of the Agency for International Development, in
cooperation with other members of the Coral Reef Task Force and drawing
upon their expertise, shall assess the U.S. role in international trade
and protection of coral reef species and implement appropriate
strategies and actions to promote conservation and sustainable use of
coral reef resources worldwide. Such actions shall include expanded
collaboration with other International Coral Reef Initiative (``ICRI'')
partners, especially governments, to implement the ICRI through its
Framework for Action and the Global Coral Reef Monitoring Network at
regional, national, and local levels.
Sec. 6. This order does not create any right or benefit, substantive or
procedural, enforceable in law or equity by a party against the United
States, its agencies, its officers, or any person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
June 11, 1998.
Executive Order 13090 of June 29, 1998
President's Commission on the Celebration of Women in American History
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Advisory
Committee Act, as amended (5 U.S.C. App.), and in order to celebrate the
role of women in American history, it is hereby ordered as follows:
Section 1. Establishment. There is established the President's
Commission on the Celebration of Women in American History
(``Commission''). The Commission shall be composed of not more than 11
members appointed by the President from the public and private sectors.
The public sector members shall include such persons as the President
deems appropriate, including (a) the Assistant to the President and
Director of Communications and (b) a person recommended by and who shall
be the representative of the Administrator of General Services. The
President may designate two mem
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bers as Co-Chairs of the Commission. The private sector members shall
represent entities interested in the Commission's work on American
history, particularly the history of women in America. These entities
may include, but need not be limited to, academic institutions, business
entities, labor organizations, public interest organizations, arts and
humanities institutions, State and local governments, athletic groups,
and organizations devoted to civil rights and opportunities for
minorities and women. The private sector members shall not be considered
special Government employees.
Sec. 2. Functions. (a) The Commission shall make recommendations to the
President, through the Co-Chairs of the Commission, on ways to best
acknowledge and celebrate the roles and accomplishments of women in
American history. Recommendations may include, among other things, the
feasibility of a focal point for women's history located in Washington,
D.C., and the use of the latest technology to connect existing and
planned women's history sites, museums, and libraries.
(b) The Commission shall meet to carry out its work concerning the
celebration of women in American history.
(c) The Commission shall report its recommendations, through the Co-
Chairs of the Commission, in a final report to the President by March 1,
1999.
Sec. 3. Administration. (a) The heads of executive departments and
agencies shall, to the extent permitted by law and where practicable,
provide the Co-Chairs of the Commission with such information with
respect to women's history in America as the Co-Chairs may request.
(b) Members of the Commission shall serve without compensation for
their work on the Commission. While engaged in the work of the
Commission, members appointed from the private sector 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).
(c) To the extent permitted by law and subject to the availability
of appropriations, the General Services Administration shall provide the
Commission with funding, administrative services, facilities, staff, and
other support services necessary for the performance of the functions of
the Commission. With respect to the Commission, the Administrator of
General Services shall perform the administrative functions of the
President under the Federal Advisory Committee Act, as amended, except
that of reporting to the Congress.
(d) The Commission shall terminate 60 days after the submission of
its final report.
WILLIAM J. CLINTON
THE WHITE HOUSE,
June 29, 1998.
[[Page 198]]
Executive Order 13091 of June 29, 1998
Administration of Arms Export Controls and Foreign Assistance
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, and in order to delegate certain authority to the
Secretary of State and the Secretary of Defense, it is hereby ordered as
follows:
Section 1. Section 1 of Executive Order 11958, as amended, is further
amended as follows:
(a) in subsection (k), by inserting after ``State.'' ``Those under
Section 36(e) of the Act, as added by Public Law 104-164 with respect to
transmittals pursuant to Section 36(b) to the Secretary of Defense, and
with respect to transmittals pursuant to Section 36(c), to the Secretary
of State.'', and
(b) by redesignating subsections (n) through (s) as subsections (o)
through (t), respectively, and inserting the following after subsection
(m):
``(n) Those under Section 40A of the Act, as added by Public Law
104-164, to the Secretary of State insofar as they relate to commercial
exports licensed under the Act, and to the Secretary of Defense insofar
as they relate to defense articles and defense services sold, leased, or
transferred under the Foreign Military Sales Program.''
Sec. 2. Section 1-201 of Executive Order 12163, as amended, is further
amended as follows:
(a) in subsection (a)(13),
(1) by inserting the following before ``and sections'':
``, section 620G as added by Public Law 104-164''; and
(2) by inserting the following after ``law'':
``, except that the functions under section 620G as added by
Public Law 104-164 shall be exercised in consultation with the
Secretary of Defense'';
(b) in subsection (a)(23), by deleting ``, except'' and all that
follows through ``thereof'';
(c) by redesignating subsections (a)(18) through (36) as (a)(19)
through (37), respectively; and
(d) by inserting the following new subsection after subsection
(a)(17):
``(18) section 655 of the Act, insofar as they relate to defense
articles and defense services licensed for export under section 38 of
the Arms Export Control Act:''.
Sec. 3. Section 1-301 of Executive Order 12163, as amended, is further
amended by:
(a) redesignating subsections (e) through (g) as subsections(f)
through (h), respectively; and
(b) inserting the following new subsection (e):
``(e) the functions under section 655 of the Act insofar as they
relate to defense articles, defense services, and international military
education
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and training furnished by grant or sale by the Secretary of Defense,
except to the extent otherwise delegated.''
Sec. 4. Section 1-501 of Executive Order 12163, as amended, is further
amended:
(a) in subsection (a)(2) by striking ``and''; and
(b) in subsection (a)(3) after ``1754)'' by inserting the following:
``; and (4) section 655(c) of the Act''.
WILLIAM J. CLINTON
THE WHITE HOUSE,
June 29, 1998.
Executive Order 13092 of July 24, 1998
President's Information Technology Advisory Committee, Amendments to
Executive Order 13035
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the High-Performance
Computing Act of 1991 (Public Law 102-194), and in order to add five
more members to, and to change the name of the Advisory Committee on
High-Performance Computing and Communications, Information Technology,
and the Next Generation Internet, it is hereby ordered that Executive
Order 13035 of February 11, 1997, is amended as follows:
1. In section 1, the words ``Advisory Committee on High Performance
Computing and Communications, Information Technology, and the Next
Generation Internet'' are deleted and the words ``President's
Information Technology Advisory Committee'' are inserted in lieu thereof
at the end of the first sentence of section 1; and
2. In section 1, the words ``25 nonfederal members'' are deleted and the
words ``30 nonfederal members'' are inserted in lieu thereof.
WILLIAM J. CLINTON
THE WHITE HOUSE,
July 24, 1998.
Executive Order 13093 of July 27, 1998
American Heritage Rivers, Amending Executive Orders 13061 and 13080
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to increase the
number of rivers that the President may designate as American Heritage
Rivers, it is hereby ordered that the second sentence of both section
2(d)(1) of Execu
[[Page 200]]
tive Order 13061 and of section 2(a) of Executive Order 13080 are
amended by deleting ``ten'' and inserting ``up to 20'' in lieu thereof.
WILLIAM J. CLINTON
THE WHITE HOUSE,
July 27, 1998.
Executive Order 13094 of July 28, 1998
Proliferation of Weapons of Mass Destruction
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 Emergencies Act (50 U.S.C. 1601 et seq.), the Arms Export
Control Act (22 U.S.C. 2751 et seq.) (AECA), and section 301 of title 3,
United States Code,
I, WILLIAM J. CLINTON, President of the United States of America, in
order to take additional steps with respect to the proliferation of
weapons of mass destruction and means of delivering them and the
national emergency described and declared in Executive Order 12938 of
November 14, 1994, hereby order:
Section 1. Amendment of Executive Order 12938.
(a) Section 4 of Executive Order 12938 of November 14, 1994, is
revised 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 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 materially contributed
or attempted to contribute materially to the efforts of any foreign
country, project, or entity of proliferation concern to use, acquire,
design, develop, produce, or stockpile weapons of mass destruction or
missiles capable of delivering such weapons, 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.
(b) Procurement Ban. No department or agency of the United States
Government may procure, or enter into any contract for the procurement
of, any goods, technology, or services from any foreign person described
in subsection (a) of this section.
(c) Assistance Ban. No department or agency of the United States
Government may provide any assistance to any foreign person described in
subsection (a) of this section, and no such foreign person shall be
eligible to participate in any assistance program of the United States
Government.
[[Page 201]]
(d) Import Ban. The Secretary of the Treasury shall prohibit the
importation into the United States of goods, technology, or services
produced or provided by any foreign person described in subsection (a)
of this section, other than information or informational materials
within the meaning of section 203(b)(3) of the International Emergency
Economic Powers Act (50 U.S.C. 1702(b)(3)).
(e) Termination. Measures pursuant to this section may be
terminated against a foreign person if the Secretary of State determines
that there is reliable evidence that such foreign person has ceased all
activities referred to in subsection (a) of this section.
(f) Exceptions. Departments and agencies of the United States
Government, acting in consultation with the Secretary of State, may, by
license, regulation, order, directive, exception, or otherwise, provide
for:
(i) Procurement contracts necessary to meet U.S. operational military
requirements or requirements under defense production agreements;
intelligence requirements; sole source suppliers, spare parts,
components, routine servicing and maintenance of products for the United
States Government; and medical and humanitarian items; and
(ii) Performance pursuant to contracts in force on the effective date
of this order under appropriate circumstances.''
(b) Section 6 of Executive Order 12938 of November 14, 1994, is
amended by deleting ``4(c)'' and inserting ``4(e)'' in lieu thereof.
Sec. 2. Preservation of Authorities. 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 the authority of
IEEPA, AECA, the Nuclear Non-Proliferation Act of 1978, the Nuclear
Proliferation Prevention Act of 1994, the Atomic Energy Act, the Export
Administration Act (50 U.S.C. App. 2401 et seq.), Executive Order 12730
of September 30, 1990, Executive Order 12735 of November 16, 1990,
Executive Order 12924 of August 18, 1994, Executive Order 12930 of
September 29, 1994, or Executive Order 12938 of November 14, 1994.
Sec. 3. Judicial Review. Nothing contained in this order shall create
any right or benefit, substantive or procedural, enforceable by any
party against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
Sec. 4. Effective Date.
(a) This order is effective at 12:01 a.m. eastern daylight time on
July 29, 1998.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
July 28, 1998.
[[Page 202]]
Executive Order 13095 of August 5, 1998
Suspension of Executive Order 13083
By the authority vested in me as President by the Constitution and the
laws of the United States of America and in order to enable full and
adequate consultation with State and local elected officials, their
representative organizations, and other interested parties, it is hereby
ordered that Executive Order 13083, entitled ``Federalism,'' is
suspended.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 5, 1998.
Executive Order 13096 of August 6, 1998
American Indian and Alaska Native Education
By the authority vested in me as President by the Constitution and the
laws of the United States of America, in affirmation of the unique
political and legal relationship of the Federal Government with tribal
governments, and in recognition of the unique educational and culturally
related academic needs of American Indian and Alaska Native students, it
is hereby ordered as follows:
Section 1. Goals. The Federal Government has a special, historic
responsibility for the education of American Indian and Alaska Native
students. Improving educational achievement and academic progress for
American Indian and Alaska Native students is vital to the national goal
of preparing every student for responsible citizenship, continued
learning, and productive employment. The Federal Government is committed
to improving the academic performance and reducing the dropout rate of
American Indian and Alaska Native students. To help fulfill this
commitment in a manner consistent with tribal traditions and cultures,
Federal agencies need to focus special attention on six goals: (1)
improving reading and mathematics; (2) increasing high school completion
and postsecondary attendance rates; (3) reducing the influence of long-
standing factors that impede educational performance, such as poverty
and substance abuse; (4) creating strong, safe, and drug-free school
environments; (5) improving science education; and (6) expanding the use
of educational technology.
Sec. 2. Strategy. In order to meet the six goals of this order, a
comprehensive Federal response is needed to address the fragmentation of
government services available to American Indian and Alaska Native
students and the complexity of intergovernmental relationships affecting
the education of those students. The purpose of the Federal activities
described in this order is to develop a long-term, comprehensive Federal
Indian education policy that will accomplish those goals.
(a) Interagency Task Force. There is established an Interagency
Task Force on American Indian and Alaska Native Education (Task Force)
to oversee the planning and implementation of this order. The Task Force
shall confer with the National Advisory Council on Indian Education
[[Page 203]]
(NACIE) in carrying out activities under this order. The Task Force
shall consult with representatives of American Indian and Alaska Native
tribes and organizations, including the National Indian Education
Association (NIEA) and the National Congress of American Indians (NCAI),
to gather advice on implementation of the activities called for in this
order.
(b) Composition of the Task Force. (1) The membership of the Task
Force shall include representatives of the Departments of the Treasury,
Defense, Justice, the Interior, Agriculture, Commerce, Labor, Health and
Human Services, Housing and Urban Development, Transportation, Energy,
and Education, as well as the Environmental Protection Agency, the
Corporation for National and Community Service, and the National Science
Foundation. With the agreement of the Secretaries of Education and the
Interior, other agencies may participate in the activities of the Task
Force.
(2) Within 30 days of the date of this order, the head of each
participating agency shall designate a senior official who is
responsible for management or program administration to serve as a
member of the Task Force. The official shall report directly to the
agency head on the agency's activities under this order.
(3) The Assistant Secretary for Elementary and Secondary Education
of the Department of Education and the Assistant Secretary for Indian
Affairs of the Department of the Interior shall co-chair the Task Force.
(c) Interagency plan. The Task Force shall, within 90 days of the
date of this order, develop a Federal interagency plan with
recommendations identifying initiatives, strategies, and ideas for
future interagency action supportive of the goals of this order.
(d) Agency participation. To the extent consistent with law and
agency priorities, each participating agency shall adopt and implement
strategies to maximize the availability of the agency's education-
related programs, activities, resources, information, and technical
assistance to American Indian and Alaska Native students. In keeping
with the spirit of the Executive Memorandum of April 29, 1994, on
Government-to-Government Relations with Native American Tribal
Governments and Executive Order 13084 of May 14, 1998, each
participating agency shall consult with tribal governments on their
education-related needs and priorities, and on how the agency can better
accomplish the goals of this order. Within 6 months, each participating
agency shall report to the Task Force regarding the strategies it has
developed to ensure such consultation.
(e) Interagency resource guide. The Task Force shall identify,
within participating Federal agencies, all education-related programs
and resources that support the goals of this order. Within 12 months,
the Task Force, in conjunction with the Department of Education, shall
develop, publish, and widely distribute a guide that describes those
programs and resources and how American Indians and Alaska Natives can
benefit from them.
(f) Research. The Secretary of Education, through the Office of
Educational Research and Improvement and the Office of Indian Education,
and in consultation with NACIE and participating agencies, shall develop
and implement a comprehensive Federal research agenda to:
(1) establish baseline data on academic achievement and retention of
American Indian and Alaska Native students in order to monitor
improvements;
[[Page 204]]
(2) evaluate promising practices used with those students; and
(3) evaluate the role of native language and culture in the
development of educational strategies. Within 1 year, the Secretary of
Education shall submit the research agenda, including proposed
timelines, to the Task Force.
(g) Comprehensive Federal Indian education policy.
(1) The Task Force shall, within 2 years of the date of this order,
develop a comprehensive Federal Indian education policy to support the
accomplishment of the goals of this order. The policy shall be designed
to:
(A) improve Federal interagency cooperation;
(B) promote intergovernmental collaboration; and
(C) assist tribal governments in meeting the unique educational
needs of their children, including the need to preserve, revitalize, and
use native languages and cultural traditions.
(2) In developing the policy, the Task Force shall consider ideas in
the Comprehensive Federal Indian Education Policy Statement proposal
developed by the NIEA and the NCAI.
(3) The Task Force shall develop recommendations to implement the
policy, including ideas for future interagency action.
(4) As appropriate, participating agencies may develop memoranda of
agreement with one another to enable and enhance the ability of tribes
and schools to provide, and to coordinate the delivery of, Federal,
tribal, State, and local resources and services, including social and
health-related services, to meet the educational needs of American
Indian and Alaska Native students.
(h) Reports. The Task Force co-chairs shall submit the comprehensive
Federal Indian education policy, and report annually on the agencies'
activities, accomplishments, and progress toward meeting the goals of
this order, to the Director of the Office of Management and Budget.
Sec. 3. Regional partnership forums. The Departments of Education and
the Interior, in collaboration with the Task Force and Federal, tribal,
State, and local government representatives, shall jointly convene,
within 18 months, a series of regional forums to identify promising
practices and approaches on how to share information, provide assistance
to schools, develop partnerships, and coordinate intergovernmental
strategies supportive of accomplishing the goals of this order. The
Departments of Education and the Interior shall submit a report on the
forums to the Task Force, which may include recommendations relating to
intergovernmental relations.
Sec. 4. School pilot sites. The Departments of Education and the
Interior shall identify a reasonable number of schools funded by the
Bureau of Indian Affairs (BIA) and public schools that can serve as a
model for schools with American Indian and Alaska Native students, and
provide them with comprehensive technical assistance in support of the
goals of this order. A special team of technical assistance providers,
including Federal staff, shall provide assistance to these schools.
Special attention shall be given, where appropriate, to assistance in
implementing comprehensive school reform demonstration programs that
meet the criteria for those programs established by the Departments of
Labor, Health and Human Services, and Edu
[[Page 205]]
cation, and Related Agencies Appropriations Act, 1998 (Public Law 105-
78), and to providing comprehensive service delivery that connects and
uses diverse Federal agency resources. The team shall disseminate
effective and promising practices of the school pilot sites to other
local educational agencies. The team shall report to the Task Force on
its accomplishments and its recommendations for improving technical
support to local educational agencies and schools funded by the BIA.
Sec. 5. Administration. The Department of Education shall provide
appropriate administrative services and staff support to the Task Force.
With the consent of the Department of Education, other participating
agencies may provide administrative support to the Task Force,
consistent with their statutory authority, and may detail agency
employees to the Department of Education, to the extent permitted by
law.
Sec. 6. Termination. The Task Force established under section 2 of this
order shall terminate not later than 5 years from the date of this
order.
Sec. 7. General provisions. 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 equity by a party against the United States, its
agencies or instrumentalities, its officers or employees, or any other
person. This order is not intended to preclude, supersede, replace, or
otherwise dilute any other Executive order relating to American Indian
and Alaska Native education.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 6, 1998.
Executive Order 13097 of August 7, 1998
Interparliamentary Union
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 having
found that the Interparliamentary Union is a public international
organization in which the United States participates within the meaning
of the International Organizations Immunities Act, I hereby designate
the Interparliamentary Union as a public international organization
entitled to enjoy the privileges, exemptions, and immunities conferred
by the International Organizations Immunities Act. This designation is
not intended to abridge in any respect privileges, exemptions, or
immunities that such organization may have acquired or may acquire by
international agreements or by congressional action.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 7, 1998.
[[Page 206]]
Executive Order 13098 of August 18, 1998
Blocking Property of UNITA and Prohibiting Certain Transactions With
Respect to UNITA
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 Emergencies Act (50 U.S.C. 1601 et seq.), 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, in view of
United Nations Security Council Resolutions 1173 of June 12, 1998, and
1176 of June 24, 1998, and in order to take additional steps with
respect to the actions and policies of the National Union for the Total
Independence of Angola (UNITA) and the national emergency declared in
Executive Order 12865, I, WILLIAM J. CLINTON, President of the United
States of America, hereby order:
Section 1. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations conferred or
imposed by any international agreement or 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, of
UNITA, or of those senior officials of UNITA, or adult members of their
immediate families, who are designated pursuant to section 5 of this
order, are hereby blocked.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses issued pursuant to this order, and
notwithstanding the existence of any rights or obligations conferred or
imposed by any international agreement or any contract entered into or
any license or permit granted prior to the effective date of this order,
the following are prohibited:
(a) the direct or indirect importation into the United States of all
diamonds exported from Angola on or after the effective date of this
order that are not controlled through the Certificate of Origin regime
of the Angolan Government of Unity and National Reconciliation;
(b) the sale or supply by United States persons or from the United
States or using U.S.-registered vessels or aircraft, of equipment used
in mining, regardless of origin, to the territory of Angola other than
through a point of entry designated pursuant to section 5 of this order;
(c) the sale or supply by United States persons or from the United
States or using U.S.-registered vessels or aircraft, of motorized
vehicles, watercraft, or spare parts for the foregoing, regardless of
origin, to the territory of Angola other than through a point of entry
designated pursuant to section 5 of this order; and
(d) the sale or supply by United States persons or from the United
States or using U.S.-registered vessels or aircraft, of mining services
or ground or waterborne transportation services, regardless of origin,
to persons in areas of Angola to which State administration has not been
extended, as designated pursuant to section 5 of this order.
[[Page 207]]
Sec. 3. Any transaction by a United States person or within the United
States that evades or avoids, or has the purpose of evading or avoiding,
or attempts to violate, any of the prohibitions set forth in this order
is prohibited.
Sec. 4. 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, or other organization;
(c) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States (including foreign branches), or any person in the
United States;
(d) the term ``UNITA'' includes:
(i) the Uniao Nacional para a Independencia Total de Angola (UNITA),
known in English as the ``National Union for the Total Independence of
Angola;''
(ii) the Forcas Armadas para a Liberacao de Angola (FALA), known in
English as the ``Armed Forces for the Liberation of Angola;'' and
(iii) any person acting or purporting to act for or on behalf of any
of the foregoing, including the Center for Democracy in Angola (CEDA);
(e) the term ``controlled through the Certificate of Origin regime
of the Angolan Government of Unity and National Reconciliation'' means
accompanied by any documentation that demonstrates to the satisfaction
of the United States Customs Service that the diamonds were legally
exported from Angola with the approval of the Angolan Government of
Unity and National Reconciliation.
Sec. 5. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
designating senior officials of UNITA and adult members of their
immediate families for purposes of section 1 of this order, designating
points of entry in Angola and areas of Angola to which State
administration has not been extended for purposes of section 2 of this
order, establishing exemptions from the prohibitions set forth in this
order for medical and humanitarian purposes, and promulgating 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 functions to
other officers and agencies of the United States Government. 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, including suspension or termination of licenses or other
authorizations in effect as of the effective date of this order.
Sec. 6. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 7. (a) This order is effective at 12:01 a.m., eastern daylight time
on August 19, 1998.
[[Page 208]]
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 18, 1998.
Executive Order 13099 of August 20, 1998
Prohibiting Transactions With Terrorists Who Threaten To Disrupt the
Middle East Peace Process
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.), the National
Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3,
United States Code,
I, WILLIAM J. CLINTON, President of the United States of America, in
order to take additional steps with respect to grave acts of violence
committed by foreign terrorists that disrupt the Middle East peace
process and the national emergency described and declared in Executive
Order 12947 of January 23, 1995, hereby order:
Section 1. The title of the Annex to Executive Order 12947 of January
23, 1995, is revised to read ``TERRORISTS WHO THREATEN TO DISRUPT THE
MIDDLE EAST PEACE PROCESS.''
Sec. 2. The Annex to Executive Order 12947 of January 23, 1995, is
amended by adding thereto the following persons in appropriate
alphabetical order:
Usama bin Muhammad bin Awad bin Ladin (a.k.a. Usama bin Ladin)
Islamic Army (a.k.a. Al-Qaida, Islamic Salvation Foundation, The
Islamic Army for the Liberation of the Holy Places, The World Islamic
Front for Jihad Against Jews and Crusaders, and The Group for the
Preservation of the Holy Sites)
Abu Hafs al-Masri
Rifa'i Ahmad Taha Musa
Sec. 3. Nothing contained in this order shall create any right or
benefit, substantive or procedural, enforceable by any party against the
United States, its agencies or instrumentalities, its officers or
employees, or any other person.
Sec. 4. (a) This order is effective at 12:01 a.m., eastern daylight time
on August 21, 1998.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 20, 1998.
[[Page 209]]
Executive Order 13100 of August 25, 1998
President's Council on Food Safety
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 safety
of the food supply through science-based regulation and well-coordinated
inspection, enforcement, research, and education programs, it is hereby
ordered as follows:
Section 1. Establishment of President's Council on Food Safety. (a)
There is established the President's Council on Food Safety
(``Council''). The Council shall comprise the Secretaries of
Agriculture, Commerce, Health and Human Services, the Director of the
Office of Management and Budget (OMB), the Administrator of the
Environmental Protection Agency, the Assistant to the President for
Science and Technology/Director of the Office of Science and Technology
Policy, the Assistant to the President for Domestic Policy, and the
Director of the National Partnership for Reinventing Government. The
Council shall consult with other Federal agencies and State, local, and
tribal government agencies, and consumer, producer, scientific, and
industry groups, as appropriate.
(b) The Secretaries of Agriculture and of Health and Human Services
and the Assistant to the President for Science and Technology/Director
of the Office of Science and Technology Policy shall serve as Joint
Chairs of the Council.
Sec. 2. Purpose. The purpose of the Council shall be to develop a
comprehensive strategic plan for Federal food safety activities, taking
into consideration the findings and recommendations of the National
Academy of Sciences report ``Ensuring Safe Food from Production to
Consumption'' and other input from the public on how to improve the
effectiveness of the current food safety system. The Council shall make
recommendations to the President on how to advance Federal efforts to
implement a comprehensive science-based strategy to improve the safety
of the food supply and to enhance coordination among Federal agencies,
State, local, and tribal governments, and the private sector. The
Council shall advise Federal agencies in setting priority areas for
investment in food safety.
Sec. 3. Specific Activities and Functions. (a) The Council shall develop
a comprehensive strategic Federal food safety plan that contains
specific recommendations on needed changes, including measurable outcome
goals. The principal goal of the plan should be the establishment of a
seamless, science-based food safety system. The plan should address the
steps necessary to achieve this goal, including the key public health,
resource, and management issues regarding food safety. The planning
process should consider both short-term and long-term issues including
new and emerging threats and the special needs of vulnerable populations
such as children and the elderly. In developing this plan, the Council
shall consult with all interested parties, including State and local
agencies, tribes, consumers, producers, industry, and academia.
(b) Consistent with the comprehensive strategic Federal food safety
plan described in section 3(a) of this order, the Council shall advise
agencies of priority areas for investment in food safety and ensure that
Federal agencies annually develop coordinated food safety budgets for
submission to
[[Page 210]]
the OMB that sustain and strengthen existing capacities, eliminate
duplication, and ensure the most effective use of resources for
improving food safety. The Council shall also ensure that Federal
agencies annually develop a unified budget for submission to the OMB for
the President's Food Safety Initiative and such other food safety issues
as the Council determines appropriate.
(c) The Council shall ensure that the Joint Institute for Food
Safety Research (JIFSR), in consultation with the National Science and
Technology Council, establishes mechanisms to guide Federal research
efforts toward the highest priority food safety needs. The JIFSR shall
report to the Council on a regular basis on its efforts: (i) to develop
a strategic plan for conducting food safety research activities
consistent with the President's Food Safety Initiative and such other
food safety activities as the JIFSR determines appropriate; and (ii) to
coordinate efficiently, within the executive branch and with the private
sector and academia, all Federal food safety research.
Sec. 4. Cooperation. All actions taken by the Council shall, as
appropriate, promote partnerships and cooperation with States, tribes,
and other public and private sector efforts wherever possible to improve
the safety of the food supply.
Sec. 5. General Provisions. This order is intended only to improve the
internal management of the executive branch and is not intended to, nor
does it, create any right or benefit, substantive or procedural,
enforceable at law by a party against the United States, its agencies,
its officers or any person. Nothing in this order shall affect or alter
the statutory responsibilities of any Federal agency charged with food
safety responsibilities.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 25, 1998.
Executive Order 13101 of September 14, 1998
Greening the Government Through Waste Prevention, Recycling, and Federal
Acquisition
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Solid Waste Disposal
Act, Public Law 89-272, 79 Stat. 997, as amended by the Resource
Conservation and Recovery Act (RCRA), Public Law 94-580, 90 Stat. 2795,
as amended (42 U.S.C. 6901-6907), section 301 of title 3, United States
Code, and in order to improve the Federal Government's use of recycled
products and environmentally preferable products and services, it is
hereby ordered as follows:
PART 1--PREAMBLE
Section 101. Consistent with the demands of efficiency and cost
effectiveness, the head of each executive agency shall incorporate waste
prevention and recycling in the agency's daily operations and work to
increase and expand markets for recovered materials through greater
Federal Government preference and demand for such products. It is the
national policy to prefer
[[Page 211]]
pollution prevention, whenever feasible. Pollution that cannot be
prevented should be recycled; pollution that cannot be prevented or
recycled should be treated in an environmentally safe manner. Disposal
should be employed only as a last resort.
Sec. 102. Consistent with policies established by the Office of Federal
Procurement Policy (OFPP) Policy Letter 92-4, agencies shall comply with
executive branch policies for the acquisition and use of environmentally
preferable products and services and implement cost-effective
procurement preference programs favoring the purchase of these products
and services.
Sec. 103. This order creates a Steering Committee, a Federal
Environmental Executive (FEE), and a Task Force, and establishes Agency
Environmental Executive (AEE) positions within each agency, to be
responsible for ensuring the implementation of this order. The FEE,
AEEs, and members of the Steering Committee and Task Force shall be
full-time Federal Government employees.
PART 2--DEFINITIONS
For purposes of this order:
Sec. 201. ``Environmentally preferable'' means products or services that
have a lesser or reduced effect on human health and the environment when
compared with competing products or services that serve the same
purpose. This comparison may consider raw materials acquisition,
production, manufacturing, packaging, distribution, reuse, operation,
maintenance, or disposal of the product or service.
Sec. 202. ``Executive agency'' or ``agency'' means an executive agency
as defined in 5 U.S.C. 105. For the purpose of this order, military
departments, as defined in 5 U.S.C. 102, are covered under the auspices
of the Department of Defense.
Sec. 203. ``Postconsumer material'' means a material or finished product
that has served its intended use and has been discarded for disposal or
recovery, having completed its life as a consumer item. ``Postconsumer
material'' is a part of the broader category of ``recovered material.''
Sec. 204. ``Acquisition'' means the acquiring by contract with
appropriated funds for supplies or services (including construction) by
and for the use of the Federal Government through purchase or lease,
whether the supplies or services are already in existence or must be
created, developed, demonstrated, and evaluated. Acquisition begins at
the point when agency needs are established and includes the description
of requirements to satisfy agency needs, solicitation and selection of
sources, award of contracts, contract financing, contract performance,
contract administration, and those technical and management functions
directly related to the process of fulfilling agency needs by contract.
Sec. 205. ``Recovered materials'' means waste materials and by-products
that have been recovered or diverted from solid waste, but such term
does not include those materials and by-products generated from, and
commonly reused within, an original manufacturing process (42 U.S.C.
6903 (19)).
Sec. 206. ``Recyclability'' means the ability of a product or material
to be recovered from, or otherwise diverted from, the solid waste stream
for the purpose of recycling.
[[Page 212]]
Sec. 207. ``Recycling'' means the series of activities, including
collection, separation, and processing, by which products or other
materials are recovered from the solid waste stream for use in the form
of raw materials in the manufacture of new products other than fuel for
producing heat or power by combustion.
Sec. 208. ``Waste prevention'' means any change in the design,
manufacturing, purchase, or use of materials or products (including
packaging) to reduce their amount or toxicity before they are discarded.
Waste prevention also refers to the reuse of products or materials.
Sec. 209. ``Waste reduction'' means preventing or decreasing the amount
of waste being generated through waste prevention, recycling, or
purchasing recycled and environmentally preferable products.
Sec. 210. ``Life cycle cost'' means the amortized annual cost of a
product, including capital costs, installation costs, operating costs,
maintenance costs, and disposal costs discounted over the lifetime of
the product.
Sec. 211. ``Life cycle assessment'' means the comprehensive examination
of a product's environmental and economic aspects and potential impacts
throughout its lifetime, including raw material extraction,
transportation, manufacturing, use, and disposal.
Sec. 212. ``Pollution prevention'' means ``source reduction'' as defined
in the Pollution Prevention Act of 1990 (42 U.S.C. 13102), and other
practices that reduce or eliminate the creation of pollutants through:
(a) increased efficiency in the use of raw materials, energy, water, or
other resources; or (b) protection of natural resources by conservation.
Sec. 213. ``Biobased product'' means a commercial or industrial product
(other than food or feed) that utilizes biological products or renewable
domestic agricultural (plant, animal, and marine) or forestry materials.
Sec. 214. ``Major procuring agencies'' shall include any executive
agency that procures over $50 million per year of goods and services.
PART 3--THE ROLES AND DUTIES OF THE STEERING COMMITTEE, FEDERAL
ENVIRONMENTAL EXECUTIVE, TASK FORCE, AND AGENCY ENVIRONMENTAL EXECUTIVES
Sec. 301. Committees, Executives, and Task Force. (a) Steering
Committee. There is hereby established a Steering Committee on Greening
the Government through Waste Prevention and Recycling (``Steering
Committee''). The Steering Committee shall be composed of the Chair of
the Council on Environmental Quality (CEQ), the Federal Environmental
Executive (FEE), and the Administrator for Federal Procurement Policy
(OFPP). The Steering Committee, which shall be chaired by the Chair of
the CEQ, is directed to charter a Task Force to facilitate
implementation of this order, and shall provide the Task Force with
policy direction in such implementation.
(b) Federal Environmental Executive. A Federal Environmental
Executive, Environmental Protection Agency, shall be designated by the
President. The FEE shall chair the Task Force described in subsection
(c), take all actions necessary to ensure that the agencies comply with
the requirements of this order, and generate a biennial report to the
President.
(c) Task Force. The Steering Committee shall charter a Task Force on
Greening the Government through Waste Prevention and Recycling (``Task
Force''), which shall be chaired by the FEE and composed of staff from
the
[[Page 213]]
major procuring agencies. The Steering Committee, in consultation with
the agencies, shall determine the necessary staffing and resources for
the Task Force. The major procuring agencies shall provide, to the
extent practicable and permitted by law, resources and support to the
Task Force and the FEE, upon request from the Steering Committee. The
Task Force shall have the duty of assisting the FEE and the agencies in
implementing this order, subject to policy direction provided by the
Steering Committee. The Task Force shall report through the FEE to the
Chair of the Steering Committee.
(d) Agency Environmental Executives (AEEs). Within 90 days after the
date of this order, the head of each major procuring agency shall
designate an AEE from among his or her staff, who serves at a level no
lower than the Assistant Secretary level or equivalent, and shall notify
the Chair of CEQ and the FEE of such designation.
Sec. 302. Duties. (a) The Federal Environmental Executive. The FEE,
working through the Task Force, and in consultation with the AEEs,
shall:
(1) Develop a Government-wide Waste Prevention and Recycling
Strategic Plan (``Strategic Plan'') to further implement this order. The
Strategic Plan should be initially developed within 180 days of the date
of this order and revised as necessary thereafter. The Strategic Plan
should include, but is not limited to, the following elements:
(a) direction and initiatives for acquisition of recycled and
recyclable products and environmentally preferable products and
services;
(b) development of affirmative procurement programs;
(c) review and revision of standards and product specifications;
(d) assessment and evaluation of compliance;
(e) reporting requirements;
(f) outreach programs to promote adoption of practices endorsed in
this order; and
(g) development and implementation of new technologies that are of
environmental significance.
(2) Prepare a biennial report to the President on the actions taken
by the agencies to comply with this order. The report also may
incorporate information from existing agency reports regarding
Government-wide progress in implementing the following Executive Orders:
12843, Procurement Requirements and Policies for Federal Agencies for
Ozone Depleting Substances; 13031, Federal Alternative Fueled Vehicle
Leadership; 12845, Requiring Agencies to Purchase Energy Efficient
Computer Equipment; 12856, Federal Compliance with Right-to-Know Laws
and Pollution Prevention Requirements; 12902, Energy Efficiency and
Water Conservation at Federal Facilities; and 12969, Federal Acquisition
and Community Right-to-Know.
(3) In coordination with the Office of Federal Procurement Policy,
the Environmental Protection Agency (EPA), the General Services
Administration (GSA), and the Department of Agriculture (USDA), convene
a group of acquisition/procurement managers and environmental State, and
local government managers to work with State and local governments to
improve the Federal, State, and local governments' use of recycled
products and environmentally preferable products and services.
[[Page 214]]
(4) Coordinate appropriate Government-wide education and training
programs for agencies.
(5) Establish committees and work groups, as needed, to identify,
assess, and recommend actions to be taken to fulfill the goals,
responsibilities, and initiatives of the FEE. As these committees and
work groups are created, agencies are requested to designate appropriate
personnel in the areas of procurement and acquisition, standards and
specifications, electronic commerce, facilities management, pollution
prevention, waste prevention, recycling, and others as needed to staff
and work on these initiatives. An initial group shall be established to
develop recommendations for tracking and reporting requirements, taking
into account the costs and benefits of such tracking and reporting. The
Steering Committee shall consult with the AEEs before approving these
recommendations.
(b) Agency Environmental Executives. The AEEs shall:
(1) translate the Government-wide Strategic Plan into specific
agency and service plans;
(2) implement the specific agency and service plans;
(3) report to the FEE on the progress of plan implementation;
(4) work with the FEE and the Task Force in furthering
implementation of this order; and
(5) track agencies' purchases of EPA-designated guideline items and
report agencies' purchases of such guideline items to the FEE per the
recommendations developed in subsection 302(a)(5) of this order. Agency
acquisition and procurement personnel shall justify in writing to the
file and to the AEE the rationale for not purchasing such items, above
the micropurchase threshold (as set out in the Office of Federal
Procurement Policy Act at 41 U.S.C. 428), and submit a plan and
timetable for increasing agency purchases of the designated item(s).
(6) one year after a product is placed on the USDA Biobased Products
List, estimate agencies' purchases of products on the list and report
agencies' estimated purchases of such products to the Secretary of
Agriculture.
PART 4--ACQUISITION PLANNING, AFFIRMATIVE PROCUREMENT PROGRAMS, AND
FEDERAL FACILITY COMPLIANCE
Sec. 401. Acquisition Planning. In developing plans, drawings, work
statements, specifications, or other product descriptions, agencies
shall consider, as appropriate, a broad range of factors including:
elimination of virgin material requirements; use of biobased products;
use of recovered materials; reuse of product; life cycle
cost;recyclability; use of environmentally preferable products; waste
prevention (including toxicity reduction or elimination); and ultimate
disposal. These factors should be considered in acquisition planning for
all procurement and in the evaluation and award of contracts, as
appropriate. Program and acquisition managers should take an active role
in these activities.
Sec. 402. Affirmative Procurement Programs. (a) The head of each
executive agency shall develop and implement affirmative procurement
programs in accordance with section 6002 of RCRA (42 U.S.C. 6962) and
this order and consider use of the procurement tools and methods
described in 7 U.S.C. 5909. Agencies shall ensure that responsibilities
for preparation, im
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plementation, and monitoring of affirmative procurement programs are
shared between the program personnel and acquisition and procurement
personnel. For the purposes of all purchases made pursuant to this
order, EPA, in consultation with such other executive agencies as
appropriate, shall endeavor to maximize environmental benefits,
consistent with price, performance, and availability considerations, and
constraints imposed by law, and shall adjust solicitation guidelines as
necessary in order to accomplish this goal.
(b) Agencies shall establish affirmative procurement programs for
all EPA-designated guideline items purchased by their agency. For newly
designated items, agencies shall revise their internal programs within 1
year from the date the EPA designated the new items.
(c) Exclusive of the biobased products described in section 504, for
the EPA-designated guideline items, which are contained in 40 CFR part
247, and for all future designated guideline items, agencies shall
ensure that their affirmative procurement programs require 100 percent
of their purchases of products to meet or exceed the EPA guideline
unless written justification is provided that a product is not available
competitively within a reasonable time frame, does not meet appropriate
performance standards, or is only available at an unreasonable price.
Written justification is not required for purchases below the
micropurchase threshold. For micropurchases, agencies shall provide
guidance regarding purchase of EPA-designated guideline items. This
guidance should encourage consideration of aggregating purchases when
this method would promote economy and efficiency.
(d) Within 90 days after the date of this order, the head of each
executive agency that has not implemented an affirmative procurement
program shall ensure that the affirmative procurement program has been
established and is being implemented to the maximum extent practicable.
Sec. 403. Federal Facility Compliance. (a) Within 6 months of the date
of this order, the Administrator of the EPA shall, in consultation with
the Federal Environmental Executive, prepare guidance for use in
determining Federal facility compliance with section 6002 of RCRA and
the related requirements of this order.
(b) EPA inspections of Federal facilities conducted pursuant to RCRA
and the Federal Facility Compliance Act and EPA ``multi-media''
inspections carried out at Federal facilities will include, where
appropriate, evaluation of facility compliance with section 6002 of RCRA
and any implementing guidance.
(c) Where inspections of Federal facilities are carried out by
authorized States pursuant to RCRA and the Federal Facility Compliance
Act, the Administrator of the EPA will encourage those States to include
evaluation of facility compliance with section 6002 of RCRA in light of
EPA guidance prepared pursuant to subsection (a), where appropriate,
similar to inspections performed by the EPA. The EPA may provide
information and technical assistance to the States to enable them to
include such considerations in their inspection.
(d) The EPA shall report annually to the Federal Environmental
Executive on the results of inspections performed by the EPA to
determine Federal facility compliance with section 6002 of RCRA not
later than February 1st for those inspections conducted during the
previous fiscal year.
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PART 5--STANDARDS, SPECIFICATIONS, AND DESIGNATION OF ITEMS
Sec. 501. Specifications, Product Descriptions, and Standards. When
developing, reviewing, or revising Federal and military specifications,
product descriptions (including commercial item descriptions), and
standards, executive agencies shall consider recovered materials and any
environmentally preferable purchasing criteria developed by the EPA, and
ensure the criteria are complied with in developing or revising
standards. Agencies shall report annually to the FEE on their compliance
with this section for incorporation into the biennial report to the
President referred to in section 302(a)(2) of this order. (a) If an
inconsistency with section 6002 of RCRA or this order is identified in a
specification, standard, or product description, the FEE shall request
that the Environmental Executive of the pertinent agency advise the FEE
as to why the specification cannot be revised or submit a plan for
revising it within 60 days.
(b) If an agency is able to revise an inconsistent specification but
cannot do so within 60 days, it is the responsibility of that AEE to
monitor and implement the plan for revising it.
Sec. 502. Designation of Items that Contain Recovered Materials. In
order to expedite the process of designating items that are or can be
made with recovered materials, the EPA shall use the following process
for designating these items in accordance with section 6002(e) of RCRA.
(a) The EPA shall designate items that are or can be made with recovered
material, by promulgating amendments to the Comprehensive Procurement
Guideline (CPG). The CPG shall be updated every 2 years or as
appropriate after an opportunity for public comment.
(b) Concurrent with the issuance of the CPG, the EPA shall publish
for comment in the Federal Register Recovered Materials Advisory Notices
that present the range of recovered materials content levels within
which the designated items are currently available. These levels shall
be updated periodically, after opportunity for public comment, to
reflect changes in market conditions.
(c) Once items containing recovered materials have been designated
by the EPA in the CPG, agencies shall modify their affirmative
procurement programs to require that, to the maximum extent practicable,
their purchases of products meet or exceed the EPA guidelines unless
written justification is provided that a product is not available
competitively, not available within a reasonable time frame, does not
meet appropriate performance standards, or is only available at an
unreasonable price.
Sec. 503. Guidance on Acquisition of Environmentally Preferable Products
and Services. (a) The EPA shall develop guidance within 90 days from the
date of this order to address environmentally preferable purchasing. The
guidance may be based on the EPA's September 1995 Proposed Guidance on
the Acquisition of Environmentally Preferable Products and Services and
comments received thereon. The guidance should be designed for
Government-wide use and targeted towards products and services that have
the most effect. The guidance may also address the issues of use of the
technical expertise of nongovernmental entities and tools such as life
cycle assessment in decisions on environmentally preferable purchasing.
The EPA shall update this guidance every 2 years, or as appropriate.
(b) Agencies are encouraged to immediately test and evaluate the
principles and concepts contained in the EPA's Guidance on the
Acquisition
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of Environmentally Preferable Products and Services through pilot
projects to provide practical information to the EPA for further
updating of the guidance. Specifically:
(1) These pilot projects shall be focused around those product and
service categories, including printing, that have wide use within the
Federal Government. Priorities regarding which product and service
categories to pilot shall be developed by the individual agencies and
the EPA, in consultation with the OFPP, the FEE, and the appropriate
agency procurement executives. Any policy disagreements shall be
resolved by the Steering Committee.
(2) Agencies are encouraged to use all of the options available to
them to determine the environmentally preferable attributes of products
and services in their pilot and demonstration projects, including the
use of technical expertise of nongovernmental entities such as labeling,
certification, or standards-developing organizations, as well as using
the expertise of the National Institute of Standards and Technology.
(3) Upon request and to the extent practicable, the EPA shall assist
executive agencies in designing, implementing, and documenting the
results of these pilot and demonstration projects.
(4) The EPA, in coordination with other executive agencies, shall
develop a database of information about these projects, including, but
not limited to, the number and status of pilot projects, examples of
agencies' policy directives, revisions to specifications, solicitation
procedures, and grant/contract policies that facilitate adoption of
environmentally preferable purchasing practices, to be integrated on a
commonly available electronic medium (e.g., Internet Web site). These
data are to be reported to the FEE.
(c) Executive agencies shall use the principles and concepts in the
EPA Guidance on Acquisition of Environmentally Preferable Products and
Services, in addition to the lessons from the pilot and demonstration
projects, to the maximum extent practicable, in identifying and
purchasing environmentally preferable products and services and shall
modify their procurement programs as appropriate.
Sec. 504. Designation of Biobased Items by the USDA. The USDA Biobased
Products Coordination Council shall, in consultation with the FEE, issue
a Biobased Products List. (a) The Biobased Products List shall be
published in the Federal Register by the USDA within 180 days after the
date of this order and shall be updated biannually after publication to
include additional items.
(b) Once the Biobased Products List has been published, agencies are
encouraged to modify their affirmative procurement program to give
consideration to those products.
Sec. 505. Minimum Content Standard for Printing and Writing Paper.
Executive agency heads shall ensure that their agencies meet or exceed
the following minimum materials content standards when purchasing or
causing the purchase of printing and writing paper: (a) For high speed
copier paper, offset paper, forms bond, computer printout paper,
carbonless paper, file folders, white wove envelopes, writing and office
paper, book paper, cotton fiber paper, and cover stock, the minimum
content standard shall be no less than 30 percent postconsumer materials
beginning December 31, 1998.
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If paper containing 30 percent postconsumer material is not reasonably
available, does not meet reasonable performance requirements, or is only
available at an unreasonable price, then the agency shall purchase paper
containing no less than 20 percent postconsumer material. The Steering
Committee, in consultation with the AEEs, may revise these levels if
necessary.
(b) As an alternative to meeting the standards in sections 505(a),
for all printing and writing papers, the minimum content standard shall
be no less than 50 percent recovered materials that are a waste material
byproduct of a finished product other than a paper or textile product
that would otherwise be disposed of in a landfill, as determined by the
State in which the facility is located.
(c) Effective January 1, 1999, no executive branch agency shall
purchase, sell, or arrange for the purchase of, printing and writing
paper that fails to meet the minimum requirements of this section.
Sec. 506. Revision of Brightness Specifications and Standards. The GSA
and other executive agencies are directed to identify, evaluate, and
revise or eliminate any standards or specifications unrelated to
performance that present barriers to the purchase of paper or paper
products made by production processes that minimize emissions of harmful
byproducts. This evaluation shall include a review of unnecessary
brightness and stock clause provisions, such as lignin content and
chemical pulp requirements. The GSA shall complete the review and
revision of such specifications within 6 months after the date of this
order, and shall consult closely with the Joint Committee on Printing
during such process. The GSA shall also compile any information or
market studies that may be necessary to accomplish the objectives of
this provision.
Sec. 507. Procurement of Re-refined Lubricating Oil and Retread Tires.
(a) Agencies shall implement the EPA procurement guidelines for re-
refined lubricating oil and retread tires. Fleet and commodity managers
shall take immediate steps, as appropriate, to procure these items in
accordance with section 6002 of RCRA. This provision does not preclude
the acquisition of biobased (e.g., vegetable) oils.
(b) The FEE shall work to educate executive agencies about the new
Department of Defense Cooperative Tire Qualification Program, including
the Cooperative Approval Tire List and Cooperative Plant Qualification
Program, as they apply to retread tires.
PART 6--AGENCY GOALS AND REPORTING REQUIREMENTS
Sec. 601. Agency Goals. (a)(1) Each agency shall establish either a goal
for solid waste prevention and a goal for recycling or a goal for solid
waste diversion to be achieved by January 1, 2000. Each agency shall
further ensure that the established goals include long-range goals to be
achieved by the years 2005 and 2010. These goals shall be submitted to
the FEE within 180 days after the date of this order. (2) In addition to
white paper, mixed paper/cardboard, aluminum, plastic, and glass,
agencies should incorporate into their recycling programs efforts to
recycle, reuse, or refurbish pallets and collect toner cartridges for
remanufacturing. Agencies should also include programs to reduce or
recycle, as appropriate, batteries, scrap metal, and fluorescent lamps
and ballasts.
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(b) Agencies shall set goals to increase the procurement of products
that are made with recovered materials, in order to maximize the number
of recycled products purchased, relative to non-recycled alternatives.
(c) Each agency shall set a goal for increasing the use of
environmentally preferable products and services for those products and
services for which the agency has completed a pilot program.
(d) Agencies are encouraged to incorporate into their Government
Performance Results Act annual performance plans the goals listed in
subsections (a), (b), and (c) above, starting with the submittal to the
Office of Management and Budget of the plan accompanying the FY 2001
budget.
(e) Progress on attaining these goals should be reported by the
agencies to the FEE for the biennial report specified in section
302(a)(2) of this order.
PART 7--APPLICABILITY AND OTHER REQUIREMENTS
Sec. 701. Contractor Applicability. Contracts that provide for
contractor operation of a Government-owned or -leased facility and/or
contracts that provide for contractor or other support services at
Government-owned or -operated facilities awarded by executive agencies
after the date of this order, shall include provisions that obligate the
contractor to comply with the requirements of this order within the
scope of its operations.
Sec. 702. Real Property Acquisition and Management. Within 90 days after
the date of this order, and to the extent permitted by law and where
economically feasible, executive agencies shall ensure compliance with
the provisions of this order in the acquisition and management of
Federally owned and leased space. The GSA and other executive agencies
shall also include environmental and recycling provisions in the
acquisition and management of all leased space and in the construction
of new Federal buildings.
Sec. 703. Retention of Funds. (a) The Administrator of General Services
shall continue with the program that retains for the agencies the
proceeds from the sale of materials recovered through recycling or waste
prevention programs and specifying the eligibility requirements for the
materials being recycled.
(b) Agencies in non-GSA managed facilities, to the extent permitted
by law, should develop a plan to retain the proceeds from the sale of
materials recovered through recycling or waste prevention programs.
Sec. 704. Model Facility Programs. Each executive agency shall establish
a model demonstration program incorporating some or all of the following
elements as appropriate. Agencies are encouraged to demonstrate and test
new and innovative approaches such as incorporating environmentally
preferable and bio-based products; increasing the quantity and types of
products containing recovered materials; expanding collection programs;
implementing source reduction programs; composting organic materials
when feasible; and exploring public/private partnerships to develop
markets for recovered materials.
Sec. 705. Recycling Programs. (a)(1) Each executive agency that has not
already done so shall initiate a program to promote cost-effective waste
prevention and recycling of reusable materials in all of its facilities.
The recy
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cling programs implemented pursuant to this section must be compatible
with applicable State and local recycling requirements.
(2) Agencies shall designate a recycling coordinator for each
facility or installation. The recycling coordinator shall implement or
maintain waste prevention and recycling programs in the agencies' action
plans.
(b) Executive agencies shall also consider cooperative ventures with
State and local governments to promote recycling and waste reduction in
the community.
Sec. 706. Review of Implementation. The President's Council on Integrity
and Efficiency shall request that the Inspectors General periodically
review agencies' implementation of this order.
PART 8--AWARENESS
Sec. 801. Training. (a) Within 180 days of the date of this order, the
FEE and OFPP should evaluate the training courses provided by the
Federal Acquisition Institute and the Defense Acquisition University and
recommend any appropriate curriculum changes to ensure that procurement
officials are aware of the requirements of this order.
(b) Executive agencies shall provide training to program management
and requesting activities as needed to ensure awareness of the
requirements of this order.
Sec. 802. Internal Agency Awards Programs. Each agency shall develop an
internal agency-wide awards program, as appropriate, to reward its most
innovative environmental programs. Among others, winners of agency-wide
awards will be eligible for the White House Awards Program.
Sec. 803. White House Awards Program. A Government-wide award will be
presented annually by the White House to the best, most innovative
programs implementing the objectives of this order to give greater
visibility to these efforts so that they can be incorporated Government-
wide. The White House Awards Program will be administered jointly by the
FEE and the CEQ.
PART 9--REVOCATION, LIMITATION, AND IMPLEMENTATION
Sec. 901. Executive Order 12873 of October 20, 1993, is hereby revoked.
Sec. 902. This order is intended only to improve the internal management
of the executive branch and is not intended to create any right,
benefit, or trust responsibility, substantive or procedural, enforceable
at law by a party against the United States, its agencies, its officers,
or any other person.
Sec. 903. The policies and direction expressed in the EPA guidance to be
developed pursuant to section 503 of this order shall be implemented and
incorporated in the Federal Acquisition Regulation within 180 days after
issuance of the guidance.
WILLIAM J. CLINTON
THE WHITE HOUSE,
September 14, 1998.
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Executive Order 13102 of September 25, 1998
Further Amendment to Executive Order 13038, Advisory Committee on Public
Interest Obligations of Digital Television Broadcasters
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
reporting deadline of the Advisory Committee on Public Interest
Obligations of Digital Television Broadcasters, it is hereby ordered
that Executive Order 13038, as previously amended, is further amended by
deleting ``October 1, 1998'' in section 2 and inserting ``December 31,
1998'' in lieu thereof.
WILLIAM J. CLINTON
THE WHITE HOUSE,
September 25, 1998.
Executive Order 13103 of September 30, 1998
Computer Software Piracy
The United States Government is the world's largest purchaser of
computer-related services and equipment, purchasing more than $20
billion annually. At a time when a critical component in discussions
with our international trading partners concerns their efforts to combat
piracy of computer software and other intellectual property, it is
incumbent on the United States to ensure that its own practices as a
purchaser and user of computer software are beyond reproach.
Accordingly, 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
Government that each executive agency shall work diligently to prevent
and combat computer software piracy in order to give effect to
copyrights associated with computer software by observing the relevant
provisions of international agreements in effect in the United States,
including applicable provisions of the World Trade Organization
Agreement on Trade-Related Aspects of Intellectual Property Rights, the
Berne Convention for the Protection of Literary and Artistic Works, and
relevant provisions of Federal law, including the Copyright Act.
(a) Each agency shall adopt procedures to ensure that the agency
does not acquire, reproduce, distribute, or transmit computer software
in violation of applicable copyright laws.
(b) Each agency shall establish procedures to ensure that the agency
has present on its computers and uses only computer software not in
violation of applicable copyright laws. These procedures may include:
(1) preparing agency inventories of the software present on its
computers;
(2) determining what computer software the agency has the
authorization to use; and
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(3) developing and maintaining adequate recordkeeping systems.
(c) Contractors and recipients of Federal financial assistance,
including recipients of grants and loan guarantee assistance, should
have appropriate systems and controls in place to ensure that Federal
funds are not used to acquire, operate, or maintain computer software in
violation of applicable copyright laws. If agencies become aware that
contractors or recipients are using Federal funds to acquire, operate,
or maintain computer software in violation of copyright laws and
determine that such actions of the contractors or recipients may affect
the integrity of the agency's contracting and Federal financial
assistance processes, agencies shall take such measures, including the
use of certifications or written assurances, as the agency head deems
appropriate and consistent with the requirements of law.
(d) Executive agencies shall cooperate fully in implementing this
order and shall share information as appropriate that may be useful in
combating the use of computer software in violation of applicable
copyright laws.
Sec. 2. Responsibilities of Agency Heads. In connection with the
acquisition and use of computer software, the head of each executive
agency shall:
(a) ensure agency compliance with copyright laws protecting computer
software and with the provisions of this order to ensure that only
authorized computer software is acquired for and used on the agency's
computers;
(b) utilize performance measures as recommended by the Chief
Information Officers Council pursuant to section 3 of this order to
assess the agency's compliance with this order;
(c) educate appropriate agency personnel regarding copyrights
protecting computer software and the policies and procedures adopted by
the agency to honor them; and
(d) ensure that the policies, procedures, and practices of the
agency related to copyrights protecting computer software are adequate
and fully implement the policies set forth in this order.
Sec. 3. Chief Information Officers Council. The Chief Information
Officers Council (``Council'') established by section 3 of Executive
Order No. 13011 of July 16, 1996, shall be the principal interagency
forum to improve executive agency practices regarding the acquisition
and use of computer software, and monitoring and combating the use of
unauthorized computer software. The Council shall provide advice and
make recommendations to executive agencies and to the Office of
Management and Budget regarding appropriate government-wide measures to
carry out this order. The Council shall issue its initial
recommendations within 6 months of the date of this order.
Sec. 4. Office of Management and Budget. The Director of the Office of
Management and Budget, in carrying out responsibilities under the
Clinger-Cohen Act, shall utilize appropriate oversight mechanisms to
foster agency compliance with the policies set forth in this order. In
carrying out these responsibilities, the Director shall consider any
recommendations made by the Council under section 3 of this order
regarding practices and policies to be instituted on a government-wide
basis to carry out this order.
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Sec. 5. Definition. ``Executive agency'' and ``agency'' have the meaning
given to that term in section 4(1) of the Office of Federal Procurement
Policy Act (41 U.S.C. 403(1)).
Sec. 6. National Security. In the interest of national security, nothing
in this order shall be construed to require the disclosure of
intelligence sources or methods or to otherwise impair the authority of
those agencies listed at 50 U.S. 401a(4) to carry out intelligence
activities.
Sec. 7. Law Enforcement Activities. Nothing in this order shall be
construed to require the disclosure of law enforcement investigative
sources or methods or to prohibit or otherwise impair any lawful
investigative or protective activity undertaken for or by any officer,
agent, or employee of the United States or any person acting pursuant to
a contract or other agreement with such entities.
Sec. 8. Scope. Nothing in this order shall be construed to limit or
otherwise affect the interpretation, application, or operation of 28
U.S.C. 1498.
Sec. 9. Judicial Review. This Executive order is intended only to
improve the internal management of the executive branch and does not
create any right or benefit, substantive or procedural, at law or equity
by a party against the United States, its agencies or instrumentalities,
its officers or employees, or any other person.
WILLIAM J. CLINTON
THE WHITE HOUSE,
September 30, 1998.
Executive Order 13104 of October 19, 1998
Amendment to Executive Order 13021, Tribal Colleges and Universities
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in accordance with the
provisions of the Federal Advisory Committee Act, as amended (5 U.S.C.
App.), and in order to provide for the continuation of the President's
Board of Advisors on Tribal Colleges and Universities, it is hereby
ordered that section 7 of Executive Order 13021 is amended to read ``The
Board shall terminate on September 30, 1999, unless the Board is renewed
by the President prior to that date.''
WILLIAM J. CLINTON
THE WHITE HOUSE,
October 19, 1998.
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Executive Order 13105 of November 2, 1998
Open Enrollment Season for Participants in the Foreign
Service Retirement and Disability System and the Central
Intelligence Agency Retirement and Disability System
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 827 of the
Foreign Service Act of 1980 (22 U.S.C. 4067) and section 292 of the
Central Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2141), and
in order to conform further the Foreign Service Retirement and
Disability System and the Central Intelligence Agency Retirement and
Disability System to the Civil Service Retirement and Disability System,
it is hereby ordered as follows:
Section 1. In conjunction with section 860 of the Foreign Service Act of
1980 (22 U.S.C. 4071i), the Secretary of State shall issue regulations
providing for an open enrollment period from November 1, 1998, to April
30, 1999, during which employee participants in the Foreign Service
Retirement and Disability System may elect to become subject to the
Foreign Service Pension System.
Sec. 2. In conjunction with section 307(a) of the Central Intelligence
Agency Retirement Act of 1964 (50 U.S.C. 2157(a)), the Director shall
provide for an open enrollment period from November 1, 1998, to April
30, 1999, during which employee participants in the Central Intelligence
Agency Retirement and Disability System may elect to become subject to
the Federal Employees' Retirement System, comparable to the election for
civil service employees provided for by the Federal Employees'
Retirement System Open Enrollment Act of 1997, Public Law 105-61.
WILLIAM J. CLINTON
THE WHITE HOUSE,
November 2, 1998.
Executive Order 13106 of December 7, 1998
Adjustments of Certain Rates of Pay and Delegation of a
Federal Pay Administration Authority
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), in accordance with section 647(a) of the
Treasury and General Government Appropriations Act, 1999, as
incorporated in Division A, section 101(h) of Public Law 105-277, 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
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(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 rates of basic pay for senior
executives in the Senior Executive Service, as adjusted under 5 U.S.C.
5382, are set forth on Schedule 4 attached hereto and made a part
hereof.
Sec. 3. Executive Salaries. The rates of basic pay or salaries for the
following offices and positions, which remain unchanged pursuant to
section 621 of the Treasury and General Government Appropriations Act,
1999, as incorporated in Division A, section 101(h) of Public Law 105-
277, 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))
at Schedule 7.
Sec. 4. Uniformed Services. Pursuant to sections 601 and 604 of Public
Law 105-85, the rates of monthly basic pay (37 U.S.C. 203(a)) for
members of the uniformed services 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 in accordance with section
647(a) of the Treasury and General Government Appropriations Act, 1999,
as incorporated in Division A, section 101(h) of Public Law 105-277,
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. Effective Dates. Schedule 8 is effective on January 1, 1999. The
other schedules contained herein are effective on the first day of the
first applicable pay period beginning on or after January 1, 1999.
Sec. 7. Prior Order Superseded. Executive Order 13071 of December 29,
1997, is superseded.
Sec. 8. Delegation of a Federal Pay Administration Authority. Executive
Order 12748, as amended, is further amended in section 2(c) by deleting
``5304(h)'' and inserting ``5304(g)-(h)'' in lieu thereof.
WILLIAM J. CLINTON
THE WHITE HOUSE,
December 7, 1998.
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Executive Order 13107 of December 10, 1998
Implementation of Human Rights Treaties
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and bearing in mind the
obligations of the United States pursuant to the International Covenant
on Civil and Political Rights (ICCPR), the Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT), the
Convention on the Elimination of All Forms of Racial Discrimination
(CERD), and other relevant treaties concerned with the protection and
promotion of human rights to which the United States is now or may
become a party in the future, it is hereby ordered as follows:
Section 1. Implementation of Human Rights Obligations. (a) It shall be
the policy and practice of the Government of the United States, being
committed to the protection and promotion of human rights and
fundamental freedoms, fully to respect and implement its obligations
under the international human rights treaties to which it is a party,
including the ICCPR, the CAT, and the CERD.
(b) It shall also be the policy and practice of the Government of
the United States to promote respect for international human rights,
both in our relationships with all other countries and by working with
and strengthening the various international mechanisms for the promotion
of human rights, including, inter alia, those of the United Nations, the
International Labor Organization, and the Organization of American
States.
Sec. 2. Responsibility of Executive Departments and Agencies. (a) All
executive departments and agencies (as defined in 5 U.S.C. 101-105,
including boards and commissions, and hereinafter referred to
collectively as ``agency'' or ``agencies'') shall maintain a current
awareness of United States international human rights obligations that
are relevant to their functions and shall perform such functions so as
to respect and implement those obligations fully. The head of each
agency shall designate a single contact officer who will be responsible
for overall coordination of the implementation of this order. Under this
order, all such agencies shall retain their established institutional
roles in the implementation, interpretation, and enforcement of Federal
law and policy.
(b) The heads of agencies shall have lead responsibility, in
coordination with other appropriate agencies, for questions concerning
implementation of human rights obligations that fall within their
respective operating and program responsibilities and authorities or, to
the extent that matters do not fall within the operating and program
responsibilities and authorities of any agency, that most closely relate
to their general areas of concern.
Sec. 3. Human Rights Inquiries and Complaints. Each agency shall take
lead responsibility, in coordination with other appropriate agencies,
for responding to inquiries, requests for information, and complaints
about violations of human rights obligations that fall within its areas
of responsibility or, if the matter does not fall within its areas of
responsibility, referring it to the appropriate agency for response.
Sec. 4. Interagency Working Group on Human Rights Treaties. (a) There is
hereby established an Interagency Working Group on Human Rights Treaties
for the purpose of providing guidance, oversight, and coordination
[[Page 235]]
with respect to questions concerning the adherence to and implementation
of human rights obligations and related matters.
(b) The designee of the Assistant to the President for National
Security Affairs shall chair the Interagency Working Group, which shall
consist of appropriate policy and legal representatives at the Assistant
Secretary level from the Department of State, the Department of Justice,
the Department of Labor, the Department of Defense, the Joint Chiefs of
Staff, and other agencies as the chair deems appropriate. The principal
members may designate alternates to attend meetings in their stead.
(c) The principal functions of the Interagency Working Group shall
include:
(i) coordinating the interagency review of any significant issues
concerning the implementation of this order and analysis and
recommendations in connection with pursuing the ratification of human
rights treaties, as such questions may from time to time arise;
(ii) coordinating the preparation of reports that are to be
submitted by the United States in fulfillment of treaty obligations;
(iii) coordinating the responses of the United States Government to
complaints against it concerning alleged human rights violations
submitted to the United Nations, the Organization of American States,
and other international organizations;
(iv) developing effective mechanisms to ensure that legislation
proposed by the Administration is reviewed for conformity with
international human rights obligations and that these obligations are
taken into account in reviewing legislation under consideration by the
Congress as well;
(v) developing recommended proposals and mechanisms for improving
the monitoring of the actions by the various States, Commonwealths, and
territories of the United States and, where appropriate, of Native
Americans and Federally recognized Indian tribes, including the review
of State, Commonwealth, and territorial laws for their conformity with
relevant treaties, the provision of relevant information for reports and
other monitoring purposes, and the promotion of effective remedial
mechanisms;
(vi) developing plans for public outreach and education concerning
the provisions of the ICCPR, CAT, CERD, and other relevant treaties, and
human rights-related provisions of domestic law;
(vii) coordinating and directing an annual review of United States
reservations, declarations, and understandings to human rights treaties,
and matters as to which there have been nontrivial complaints or
allegations of inconsistency with or breach of international human
rights obligations, in order to determine whether there should be
consideration of any modification of relevant reservations,
declarations, and understandings to human rights treaties, or United
States practices or laws. The results and recommendations of this review
shall be reviewed by the head of each participating agency;
(viii) making such other recommendations as it shall deem
appropriate to the President, through the Assistant to the President for
National Security Affairs, concerning United States adherence to or
implementation of human rights treaties and related matters; and
[[Page 236]]
(ix) coordinating such other significant tasks in connection with
human rights treaties or international human rights institutions,
including the Inter-American Commission on Human Rights and the Special
Rapporteurs and complaints procedures established by the United Nations
Human Rights Commission.
(d) The work of the Interagency Working Group shall not supplant the
work of other interagency entities, including the President's Committee
on the International Labor Organization, that address international
human rights issues.
Sec. 5. Cooperation Among Executive Departments and Agencies. All
agencies shall cooperate in carrying out the provisions of this order.
The Interagency Working Group shall facilitate such cooperative
measures.
Sec. 6. Judicial Review, Scope, and Administration. (a) Nothing in this
order shall create any right or benefit, substantive or procedural,
enforceable by any party against the United States, its agencies or
instrumentalities, its officers or employees, or any other person.
(b) This order does not supersede Federal statutes and does not
impose any justiciable obligations on the executive branch.
(c) The term ``treaty obligations'' shall mean treaty obligations as
approved by the Senate pursuant to Article II, section 2, clause 2 of
the United States Constitution.
(d) To the maximum extent practicable and subject to the
availability of appropriations, agencies shall carry out the provisions
of this order.
WILLIAM J. CLINTON
THE WHITE HOUSE,
December 10, 1998.
Executive Order 13108 of December 11, 1998
Further Amendment to Executive Order 13037, Commission To Study Capital
Budgeting
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
reporting deadline for, and the expiration date of, the Commission to
Study Capital Budgeting, it is hereby ordered that Executive Order
13037, as amended, is further amended by deleting in section 3 of that
order ``within 1 year from its first meeting'' and inserting in lieu
thereof ``by February 1, 1999'' and by deleting in section 5 of that
order ``30 days after submitting its report'' and inserting in lieu
thereof ``on September 30, 1999''.
WILLIAM J. CLINTON
THE WHITE HOUSE,
December 11, 1998.
[[Page 237]]
Executive Order 13109 of December 17, 1998
Half-Day Closing of Executive Departments and Agencies of the Federal
Government on Thursday, December 24, 1998
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 departments and agencies of the Federal
Government shall be closed and their employees excused from duty for the
last half of the scheduled workday on Christmas Eve, December 24, 1998,
except as provided in section 2 below.
Sec. 2. The heads of executive departments and agencies may determine
that certain offices and installations of their organizations, or parts
thereof, must remain open and that certain employees must remain on duty
for the full scheduled workday on December 24, 1998, for reasons of
national security or defense or for other essential public reasons.
Sec. 3. Thursday, December 24, 1998, shall be considered as falling
within the scope of Executive Order 11582 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. 4. This order shall apply to executive departments and agencies of
the Federal Government only and is not intended to direct or otherwise
implicate departments or agencies of State or local governments.
WILLIAM J. CLINTON
THE WHITE HOUSE,
December 17, 1998.
[[Page 239]]
________________________________________________________________________
OTHER PRESIDENTIAL DOCUMENTS
________________________________________________________________________
Page
Subchapter A--[Reserved]
Subchapter B--Administrative Orders 239
Subchapter C--Reorganization Plans [None]
Subchapter D--Designations [None]
Appendix A--List of Messages to Congress Transmitting Budget Rescissions
and Deferrals 309
Appendix B--List of Presidential Determinations 309
Appendix C--List of Final Rule Documents [None]
________________________________________________________________________
Subchapter B--Administrative Orders
________________________________________________________________________
Notice of January 2, 1998
Continuation of Libyan Emergency
On January 7, 1986, by Executive Order 12543, President Reagan
declared a national emergency to deal with the unusual and extraordinary
threat to the national security and foreign policy of the United States
constituted by the actions and policies of the Government of Libya. On
January 8, 1986, by Executive Order 12544, the President took additional
measures to block Libyan assets in the United States. The President has
transmitted a notice continuing this emergency to the Congress and the
Federal Register every year since 1986.
The crisis between the United States and Libya that led to the
declaration of a national emergency on January 7, 1986, has not been
resolved. The Government of Libya has continued its actions and policies
in support of terrorism, despite the calls by the United Nations
Security Council, in Resolutions 731 (1992), 748 (1992), and 883 (1993),
that it demonstrate by concrete actions its renunciation of terrorism.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)),
[[Page 240]]
I am continuing the national emergency with respect to Libya. This
notice shall be published in the Federal Register and transmitted to the
Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
January 2, 1998.
Presidential Determination No. 98-9 of January 6, 1998
Designation of Argentina as a Major Non-NATO Ally
Memorandum for the Secretary of State
I hereby designate the Republic of Argentina a major non-NATO ally of
the United States pursuant to section 517 of the Foreign Assistance Act
of 1961, as amended, for the purposes of the Foreign Assistance Act of
1961, as amended, and the Arms Export Control Act.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, January 6, 1998.
Presidential Determination No. 98-10 of January 12, 1998
Certification Pursuant to Section (b)(1) of Public Law 99-183 and to
Section 902(a)(6)(B) of Public Law 101-246
Memorandum for the Secretary of State
Pursuant to section (b)(1) of Public Law 99-183 of December 16, 1985,
relating to the approval and implementation of the Agreement for
Cooperation Between the United States and the People's Republic of
China, I hereby certify that:
(A) the reciprocal arrangements made pursuant to Article 8 of the
Agreement have been designed to be effective in ensuring that any
nuclear material, facilities, or components provided under the Agreement
shall be utilized solely for intended peaceful purposes as set forth in
the Agreement;
(B) the Government of the People's Republic of China has provided
additional information concerning its nuclear nonproliferation policies
and that, based on this and all other information available to the
United States Government, the People's Republic of China is not in
violation of paragraph (2) of section 129 of the Atomic Energy Act of
1954; and
(C) the obligation to consider favorably a request to carry out
activities described in Article 5(2) of the Agreement shall not
prejudice the decision of the United States to approve or disapprove
such a request.
[[Page 241]]
Pursuant to section 902(a)(6)(B)(i) of Public Law 101-246, I hereby
certify that the People's Republic of China has provided clear and
unequivocal assurances to the United States that it is not assisting and
will not assist any nonnuclear-weapon state, either directly or
indirectly, in acquiring nuclear explosive devices or the material and
components for such devices.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, January 12, 1998.
Notice of January 21, 1998
Continuation of Emergency Regarding Terrorists Who Threaten To Disrupt
the Middle East Peace Process
On January 23, 1995, by Executive Order 12947, I declared a national
emergency to deal with the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
constituted by grave acts of violence committed by foreign terrorists
that disrupt the Middle East peace process. By Executive Order 12947 of
January 23, 1995, I blocked the assets in the United States, or in the
control of United States persons, of foreign terrorists who threaten to
disrupt the Middle East peace process. I also prohibited transactions or
dealings by United States persons in such property. In 1996 and 1997, I
transmitted notices of the continuation of this national emergency to
the Congress and the Federal Register. Last year's notice of
continuation was published in the Federal Register on January 22, 1997.
Because terrorist activities continue to threaten the Middle East peace
process and vital interests of the United States in the Middle East, the
national emergency declared on January 23, 1995, and the measures that
took effect on January 24, 1995, to deal with that emergency must
continue in effect beyond January 23, 1998. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing the national emergency with respect to foreign
terrorists who threaten to disrupt the Middle East peace process.
This notice shall be published in the Federal Register and transmitted
to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
January 21, 1998.
[[Page 242]]
Presidential Determination No. 98-12 of January 28, 1998
Determination Pursuant to Section 523 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1998 (Public Law
105-118)
Memorandum for the Secretary of State
Pursuant to section 523 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 1998 (Public Law 105-118), I hereby
certify that withholding from international financial institutions and
other international organizations and programs funds appropriated or
otherwise made available pursuant to that Act is contrary to the
national interest of the United States.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, January 28, 1998.
Presidential Determination No. 98-13 of January 30, 1998
Renewal of Trade Agreement With the People's Republic of China
Memorandum for the United States Trade Representative
Pursuant to my authority under subsection 405(b)(1)(B) of the Trade Act
of 1974 (19 U.S.C. 2435(b)(1)(B)), I have determined that actual or
foreseeable reductions in United States tariffs and nontariff barriers
to trade resulting from multilateral negotiations are being
satisfactorily reciprocated by the People's Republic of China. I have
further found that a satisfactory balance of concessions in trade and
services has been maintained during the life of the Agreement on Trade
Relations between the United States of America and the People's Republic
of China.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, January 30, 1998.
[[Page 243]]
Presidential Determination No. 98-14 of February 9, 1998
U.S. Contribution to the Korean Peninsula Energy Development
Organization (KEDO)
Memorandum for the Secretary of State
Pursuant to the requirements set forth under the heading
``Nonproliferation, Anti-Terrorism, Demining and Related Programs'' in
title II of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1998 (Public Law 105-118), I certify that:
(1)(A) the parties to the Agreed Framework are taking steps to
assure that progress is made on the implementation of the January 1,
1992, Joint Declaration on the Denuclearization of the Korean Peninsula
and the implementation of the North-South dialogue, and (B) North Korea
is complying with the other provisions of the Agreed Framework between
North Korea and the United States and with the Confidential Minute;
(2) North Korea is cooperating fully in the canning and safe
storage of all spent fuel from its graphite-moderated nuclear reactors
and that such canning and safe storage is scheduled to be completed by
April 1, 1998; and
(3) North Korea has not significantly diverted assistance provided
by the United States for purposes for which it was not intended.
You are authorized and directed to report this determination to the
Congress and to publish it in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, February 9, 1998.
Notice of February 25, 1998
Continuation of the National Emergency Relating to Cuba and of the
Emergency Authority Relating to the Regulation of the Anchorage and
Movement of Vessels
On March 1, 1996, by Proclamation 6867, I declared a national emergency
to address the disturbance or threatened disturbance of international
relations caused by the February 24, 1996, destruction by the Government
of Cuba of two unarmed U.S.-registered civilian aircraft in
international airspace north of Cuba. In July 1995, the Government of
Cuba demonstrated a ready and reckless use of force against U.S.-
registered vessels that entered into Cuban territorial waters that
resulted in damage and injury to persons on board. In July 1996, the
Government of Cuba stated its intent to forcefully defend its
sovereignty against any U.S.-registered vessels or aircraft that might
enter Cuban territorial waters or airspace while involved in a memorial
flotilla and peaceful protest. Since these events, the Government of
Cuba has not demonstrated that it will refrain from the future use of
reckless and excessive force against U.S. vessels or aircraft that may
engage
[[Page 244]]
in memorial activities or peaceful protest north of Cuba. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing the national emergency with respect to
Cuba and the emergency authority relating to the regulation of the
anchorage and movement of vessels set out in Proclamation 6867.
This notice shall be published in the Federal Register and transmitted
to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
February 25, 1998.
Presidential Determination No. 98-15 of February 26, 1998
Certification for Major Illicit Drug Producing and Drug Transit
Countries
Memorandum for the Secretary of State
By virtue of the authority vested in me by section 490(b)(1)(A) of the
Foreign Assistance Act of 1961, as amended, (``the Act''), I hereby
determine and certify that the following major illicit drug producing
and/or major illicit drug transit countries/dependent territories have
cooperated fully with the United States, or have taken adequate steps on
their own, to achieve full compliance with the goals and objectives of
the 1988 United Nations Convention Against Illicit Traffic in Narcotic
Drugs and Psychotropic Substances:
Aruba, The Bahamas, Belize, Bolivia, Brazil, China, Dominican
Republic, Ecuador, Guatemala, Haiti, Hong Kong, India, Jamaica, Laos,
Malaysia, Mexico, Panama, Peru, Taiwan, Thailand, Venezuela, and
Vietnam.
By virtue of the authority vested in me by section 490(b)(1)(B) of the
Act, I hereby determine that it is in the vital national interests of
the United States to certify the following major illicit drug producing
and/or major illicit drug transit countries:
Cambodia, Colombia, Pakistan, and Paraguay.
Analysis of the relevant U.S. vital national interests, as required
under section 490(b)(3) of the Act, is attached.
I have determined that the following major illicit drug producing and/or
major illicit drug transit countries do not meet the standards set forth
in section 490(b) for certification:
Afghanistan, Burma, Iran, and Nigeria.
In making these determinations, I have considered the factors set forth
in section 490 of the Act, based on the information contained in the
International Narcotics Control Strategy Report of 1998. Given that the
performance of each of these countries/dependent territories has
differed, I have attached an explanatory statement for each of the
countries/dependent territories subject to this determination.
[[Page 245]]
You are hereby authorized and directed to report this determination to
the Congress immediately and to publish it in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, February 26, 1998.
STATEMENTS OF EXPLANATION
Aruba
Aruba is a major trafficking and staging point for international
narcotics trafficking organizations which transship cocaine and heroin
from Colombia, Venezuela and Suriname to the United States and Europe.
Its key position near the Venezuelan coast with air and sea links to
South America, Europe, Puerto Rico and other Caribbean locations makes
it a prime transshipment point. Drug shipments are made primarily via
containerized cargo, but commercial airlines and cruise ships are also
used.
Money laundering organizations use legitimate companies as fronts to
invest in land development and other construction projects. The
Government of Aruba's (GOA) Free Trade Zone (FTZ), casinos and resort
complexes are reported to be attractive venues for money laundering and
smuggling. Legislation recommended by four joint Aruba-Dutch commissions
to enhance monitoring of the FTZ, casinos, import and export of money,
and legal entities is pending.
Although Aruba is a part of the Kingdom of the Netherlands (GON), it
has autonomy over its internal affairs and has independent decision-
making ability in many drug policy areas. In 1997, the GOA passed and
implemented a new criminal procedural code which allows for expanded
investigative powers for local law enforcement as well as for
extradition of nationals subject to service of sentences in Aruba. The
change in criminal procedure removed one of the last remaining barriers
to the GOA's full compliance with the 1988 UN Drug Convention standards.
The GOA has yet to ask the Kingdom of the Netherlands (GON), a party to
the 1988 UN Drug Convention, to extend it to Aruba.
The GOA, as part of a joint Netherlands-Netherlands Antilles-Aruba
Coast Guard, received two small fast patrol boats to patrol the coastal
waters and interdict drug shipments. The GOA established money
transaction monitoring entities to review unusual transactions in the
banking sector. Aruban law enforcement officials participated in USG-
sponsored training courses for drug enforcement during 1997.
Indications of corruption still hinder the effectiveness of GOA
efforts against international narcotics traffickers and money
launderers. The withdrawal of the OLA party from the Eman coalition
government and the government's subsequent fall in late 1997 was linked
in the press to the efforts of elements within Aruban society and
political circles who are seeking to halt or reverse recent government
actions, including progress in trans-national crime, counternarcotics
and money laundering issues. Elections in December returned no one party
with a parliamentary majority and efforts to form a new coalition
government have moved slowly. Progress in imple
[[Page 246]]
menting anti-drug measures approved in 1997 may be delayed as a result
of the political impasse.
Despite these problems, Aruba generally cooperated in 1997 with the
USG to meet the goals and objectives of the 1988 UN Drug Convention.
The Bahamas
The USG and the Government of the Commonwealth of The Bahamas (GCOB)
have enjoyed an excellent, cooperative working relationship on
counternarcotics over the past decade. The GCOB places a high priority
on combating drug transshipments through its archipelago, as
demonstrated by the extensive resources it devotes to this initiative.
Nevertheless, significant quantities of illicit drugs continue to
transit The Bahamas en route to the U.S., and The Bahamas remains a
major drug transit country. The GCOB cooperates very closely with the
USG on Operation Bahamas and Turks and Caicos (OPBAT). U.S. and Bahamian
law enforcement agencies worked diligently together throughout the year
to respond to increases in air and maritime transshipment incidents.
The first country to ratify the 1988 UN Drug Convention, The Bahamas
continues to take steps to implement it. Following passage of anti-money
laundering legislation (March 1996) and implementing regulations
(December 1996), in November 1997 The Bahamas submitted its strong anti-
money laundering regime to mutual evaluation by the Caribbean Financial
Action Task Force (CFATF).
During the year, the GCOB continued to strengthen its judicial
system, with assistance from the USG. However, procedural delays
continue to plague the court system, leading to delays in drug cases.
The Bahamas needs to improve the effectiveness of its court system in
disposing of drug cases more expeditiously.
The GCOB should also put greater emphasis on forfeiture of the
proceeds of crime and trafficker assets, including early disposal of
commodities used in trafficking before they lose value. The Bahamas has
not yet designated the U.S. under the Bahamian law concerning execution
of foreign forfeiture orders in The Bahamas, despite repeated U.S.
requests since 1993. In past years, The Bahamas has prosecuted and
convicted some middle- and low-level officials on charges of narcotics
corruption.
Belize
The Government of Belize (GOB) recognizes the problem of drug
transit through its territory and the effect drug trafficking has on
domestic crime. Anti-narcotics activities are centralized in a committee
consisting of various components of the Belize Police Force (BPF) and
the Belize Defense Force (BDF), with a dedicated group of investigative
police and a rapid response force called the Dragon Unit. They are
active in the fight against drugs and work closely with the USG. The GOB
is party to the 1988 UN Drug Convention.
[[Page 247]]
With USG help, the GOB continued to work to upgrade the
professionalism and equipment of the BPF to combat violent crime and
narcotics trafficking. A new two-officer money-laundering unit has
recently completed training with USG support. The GOB has continued its
support of cooperative efforts to reduce drug trafficking through its
borders and to combat the crime associated with such trafficking. The
GOB has also maintained its support of regional and unilateral
counternarcotics efforts.
1997 was a record year for cocaine interdiction with more than two
metric tons seized. Indications are that marijuana cultivation remained
stable. The efforts of the Belizean security forces to control narco-
traffic have been hampered by the lack of manpower, training and
equipment, corruption within the ranks, and the relatively large expanse
of uninhabited territory of the country.
This improved performance, however, was tempered by the mixed record
of convictions and sentencing, including the dismissal of an important
case involving Colombian, Mexican, and Belizean defendants. The Belizean
judicial system remains weak, understaffed, and underfunded. Although
the GOB and the USG reached tentative agreement on a new extradition
treaty and a MLAT in late 1996, the GOB subsequently raised new concerns
about certain aspects of these treaties and negotiations were stalled
during 1997. While the new extradition treaty has not been completed,
Belize continues to extradite alleged criminals to the United States
under the 1972 US-UK extradition treaty.
The GOB needs to continue to fully cooperate with the USG and take
action to meet the goals and objectives of the 1988 UN Drug Convention
and other UN drug conventions. Of particular importance, the GOB should
improve its prosecution of major drug cases, provide more support for
the judicial branch, and conclude negotiations on mutual legal
assistance and extradition treaties with the US. A renewed commitment to
confronting corruption is essential.
Bolivia
Bolivia is the world's second leading producer of cocaine
hydrochloride, and has an illegal coca-cocaine industry, including
sophisticated operations to smuggle essential chemicals, that is
increasingly under the control of Bolivians. The participation of
foreigners is more and more relegated to the refining of base into
cocaine hydrochloride and to transporting cocaine out of Bolivia,
however, this will diminish as Bolivian traffickers improve their
refining capabilities.
The former GOB never implemented an eradication program in the
Yungas, and quickly discontinued its policy of arresting and prosecuting
persons who plant new coca. The new Banzer government has promised
prompt action on both issues. Additionally, although eradication slowed
in April and did not effectively resume until early October, Bolivia
exceeded its gross eradication goal for 1997 of 7,000 hectares and
produced a net reduction in coca cultivation of 2 percent. This is an
improvement over the one percent net reduction in 1996 and was largely
conducted after the inauguration of the new Banzer government.
[[Page 248]]
Bolivia's new government is building a consensus, via a series of
national dialogues, for the country's first national counternarcotics
strategy. Their five-year plan includes the goal of totally eliminating
illicit coca cultivation by the year 2002.
Total narcotics-related arrests increased substantially in 1997, as
did seizures of cocaine products and essential chemicals. The Special
Investigative Units--vetted and trained in the U.S.--have returned to
Bolivia and are actively engaged in their own operations and in
supporting the on-going investigations of other Bolivian
counternarcotics units. The Bolivian Navy's Blue Devil Task Force has
been granted law enforcement authority, a change which will almost
certainly result in greatly improved interdiction results on the
country's waterways.
The legislature is considering critical judicial reforms, including
revisions to Law 1008, Bolivia's basic counternarcotics law, which will,
when enacted, greatly improve the country's court system and result in a
fairer and more transparent judicial system.
Alternative development initiatives have been highly successful in
providing farmers viable, licit alternatives and have helped solidify
public opinion against coca cultivation.
In 1998, the Bolivian government must act to prevent new coca
plantings and conduct eradication efforts in a sustained and intensified
manner. A net reduction of 20 percent (or 7,000 hectares) of coca
plantings must be achieved in 1998 if the Bolivians are to garner
success for their 5-year plan to eliminate illicit coca. They must
eliminate individually compensated eradication for controlling the
cultivation of new coca fields and prosecute those who plant them. The
Blue Devil Task Force must implement their new law enforcement authority
to effect seizures of narcotics and chemicals, and arrests of narco-
traffickers on Bolivia's waterways. Enforcement of recently enacted
legislation criminalizing money laundering was delayed, in 1997, pending
clarification of lines of authority and identification of funding
sources. Bolivia must move forward to vigorously implement these laws.
Brazil
Brazil is a major transit country for cocaine shipped by air, river,
and maritime routes from Bolivia, Peru, and Colombia to the U.S. and
Europe. Because of increased interdiction of trafficker aircraft in Peru
(along the Peru/Colombia air corridor), traffickers have shifted illicit
narcotics flights into Brazilian air space. Brazil's vast and sparsely
populated Amazon region provides ample opportunity for traffickers to
transship drugs and chemicals by air and riverine routes. A southern
``drug route'' also exists along Brazil's borders with Paraguay and
Bolivia.
While not a significant cultivation country, Brazil is a major
producer of essential/precursor chemicals and synthetic drugs. There is
also a growing domestic drug consumption and addiction problem,
primarily among young people. Several key pieces of counter-narcotics
legislation, including an anti-money laundering law, are under review in
the congress. Brazil's
[[Page 249]]
bank secrecy laws and its highly developed financial networks make it
fertile ground for money laundering of drug profits.
Although police drug seizures in 1997 were only slightly above those
in 1996, anti-narcotics law enforcement units stepped up interdiction
activities in the Amazon region and along the southern ``drug route.''
The government implemented a new national defense policy (since 1996) to
allow the military to assist police anti-drug operations in the Amazon.
During two major operations in that region, the police put a majority of
all clandestine airfields out of operation. In cooperation with
neighboring countries, Brazilian police carried out investigations which
disrupted several major drug smuggling organizations. Brazil also
continues to cooperate in extradition cases of non-Brazilian citizens.
To signal its continued resolve to deal with narcotics trafficking
problems, Brazil signed a new Letter of Agreement (LOU) for bilateral
cooperation in narcotics control with the U.S. in 1997. Brazil has
bilateral narcotics control agreements with all its South American
neighbors as well as Germany and Italy. During a visit by President
Clinton in October, Brazil signed a mutual legal assistance treaty
(MLAT) with the U.S. In another positive step, the government
incorporated anti-money laundering provisions in a packet of emergency
measures sent to Congress in conjunction with a growing economic/fiscal
crisis. This packet has cleared the lower house of the legislature and
is still being considered by the Brazilian senate with passage possible
in early 1998. Senior government officials made clear to U.S.
interlocutors during 1997 that Brazil was fully committed to working
with the U.S. and other nations in reducing the traffic in illicit drugs
in South America.
China
China both remains a major transit route for Southeast Asian heroin
destined for the U.S. and other Western markets and has had increasingly
to deal with the phenomenon of itself becoming such a market. China
continues to take a strong stand to battle this trend. In 1997, it
further intensified its nation-wide efforts to combat drugs by focusing
special attention on anti-drug education. Narcotics seizures also
increased, as did the monitoring of precursor chemicals: there was a
four-fold increase over 1996 in the seizures of such chemicals. China
also moved to strengthen anti-drug legislation and for the first time
identified money laundering as a crime. In 1997, China signed a Mutual
Legal Assistance Agreement with India which placed special emphasis on
narcotics trafficking. China is also a party to all of the UN narcotics
conventions.
USG-PRC cooperation on counternarcotics issues improved in 1997. In
October, as part of the Joint Statement issued during the Summit between
Presidents Jiang and Clinton, China agreed to the opening of reciprocal
drug enforcement offices in Beijing and Washington and to the
establishment of a Joint Liaison Group on Law Enforcement which
specifically included narcotics trafficking as one of the issues to be
addressed. China hosted two Drug Enforcement Administration seminars on
chemical control, sent officials to the United States to take part in
airport interdiction training and continued working-level exchanges of
information on inter
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national drug trafficking cases with USG law enforcement officials. A
direct e-mail link with DEA to facilitate information exchange on drug
cases has been established. In April, China transferred to the U.S. for
prosecution on drug trafficking charges a Burmese national in its
custody.
China continues to struggle with the corruption and greed which have
accompanied economic success and prosperity. The Government has passed
specific laws to deal with officials guilty of the use, manufacture, or
delivery of narcotics. Penalties for such transgressions include
execution. There is no evidence of high-level official involvement in
the drug trade. The juxtaposition, however, of low-paid law enforcement
and other officials with the lucrative drug business creates the
potential for corruption.
Chinese officials have noted that 90 percent of the heroin flowing
into China comes from Burma. China's close trade and political
relationship with Burma has facilitated misuse of their shared 2,000-
kilometer border by drug traffickers. China has pledged cooperation in
helping the Burmese fight narcotics production and has supported
international programs to wean Burmese farmers away from drug
production. China's success--or its failure--with regard to addressing
the problem of Burmese drug production has serious implications for
China, for the rest of Asia and for the West.
Dominican Republic
The Dominican Republic is an active transshipment point for drugs
destined for the United States and Europe. Traffickers smuggle narcotics
through Dominican territory by air, sea, and along the country's porous
border with Haiti. A weak Dominican judicial system continues to hamper
efforts to combat the narcotics trade, but a promising reform process
began in 1997.
The Government of the Dominican Republic (GODR) continued to
cooperate with the United States Government (USG) on counternarcotics
objectives and goals. The GODR is party to the 1988 United Nations Drug
Convention. It has enacted a money laundering and asset forfeiture law
that complies with the Organization of American States (OAS)/Inter-
American Drug Abuse Control Commission (CICAD) model. The GODR and the
USG have a bilateral maritime agreement that allows for consensual
boarding of sea vessels by host country authorities. Dominican
authorities cooperate closely on drug investigation matters with the
USG. The GODR had a mixed record of drug-related seizures and arrests.
There was a decrease in marijuana seizures and arrests for drug-related
offenses (1,481 arrests) in 1997, but an increase in heroin seizures
(8.3 kgs). Cocaine seizures rose slightly from 1996 to 1,354 kgs. in
1997.
This cooperation has been marred by the disappointing record of
judicial and legislative reforms. Dominican law prohibits the
extradition of Dominican nationals, creating a refuge in the Dominican
Republic for Dominican nationals who are believed to have committed
serious crimes in the U.S. Pursuant to an extraordinary and rarely used
Executive Order, the GODR did extradite two Dominican nationals to the
United States in August 1997 to stand trial on charges of narcotics
trafficking and homicide. Dominican judicial authorities have yet to act
on more than two dozen additional U.S.
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extradition requests. An absence of effective government supervision of
exchange houses or remittance operations and the presence of large cash
flows, which could hide money laundering activity, continue to make the
Dominican Republic vulnerable to further money laundering. Money
laundering is not likely to diminish until the GODR aggressively
implements the money laundering legislation.
Neither the GODR itself nor senior government officials encourage,
facilitate, or engage in drug trafficking or money laundering as a
matter of government policy. No evidence exists that senior government
officials are involved in drug distribution or money laundering. No
senior government official has been indicted for drug-related corruption
in 1997.
Ecuador
Ecuador continues to be a major transit country for the shipment of
cocaine from Colombia to the United States and Europe. Ecuador is also
used by traffickers for money laundering of drug profits and to transit
essential/precursor chemicals destined for Colombian drug labs. Cocaine
is shipped primarily by road from the Colombian border to major
Ecuadorian ports where it is concealed in bulk cargo transported in
large ocean-going commercial vessels.
In 1997, Ecuador increased the number of interdiction checkpoints
along inland transit routes leading to ports. With U.S. aid, Ecuador is
establishing a Joint Information Coordination Center (JICC) in the major
port city of Guayaquil. Ecuador also hosted a U.S. Customs/U.S. Coast
Guard team which assessed port operations for top government officials.
The Ecuadorian Congress passed legislation authorizing the forfeiture of
drug assets and the use of forfeiture funds in support of prevention,
rehabilitation, and police counter-narcotics activities. Police assigned
personnel for U.S.-sponsored training to form a ``controlled chemical''
investigative unit. The government submitted new legislation to help
police carry out money laundering investigations.
There is a long tradition of cooperation between Ecuadorian National
Police and U.S. law enforcement in the area of narcotics control. Still,
the police lack many of the resources needed to deal effectively with a
narcotics trade directed by powerful criminal organizations in its
neighbor to the north, Colombia, and, to a lesser extent, in Peru to the
south. Cooperation between the Ecuadorian and Peruvian governments is
complicated by an on-going, serious, and occasionally violent border
dispute.
Ecuador cooperated with the U.S. to eradicate most of its coca crop
in the 1980's and thus avoided the production problems that currently
plague its neighbors Colombia and Peru. In 1997, Ecuador continued to
demonstrate its willingness to work closely with the U.S. in dealing
with other narcotics issues including major vulnerabilities such as
cocaine transshipments, chemical diversions, money laundering, and
judicial corruption/inefficiency. The police's canine unit, for
instance, was created with U.S. assistance and had a number of
outstanding successes in interdicting cocaine shipments in 1997. Ecuador
has also signalled a willingness to discuss and work out ways in the
near future to cooperate with the U.S. in maritime interdiction.
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Guatemala
With peace a reality after thirty six-years of internal conflict,
President Arzu has made public security a top priority and has shown
special interest in ensuring maximum cooperation with the United States
in combatting counternarcotics trafficking through Guatemala and in the
region.
Guatemala is located half way between the U.S. and Colombia and
continues to be a transshipment and storage point for cocaine destined
for the US via Mexico. There has been a marked increase in the use of
truck and shipping containers. Guatemala has made major improvements to
a self-financed port security program which expanded operations.
A major initiative resulted in the transition from the old national
and treasury police forces to the new National Civilian Police (PNC) and
the consolidation of various paramilitary law enforcement agencies. The
Department of Anti-Narcotics Operations (DOAN), a specially equipped
civilian police command, was transferred to the PNC after re-training
and a major pay increase. With USG assistance, the DOAN seized almost 6
metric tons of cocaine in 1997. There was also steady progress in the
successful prosecution of narcotics-related crimes with over 90 per cent
of those accused being convicted.
Guatemala works closely with USG organizations to stem the flow of
drugs through Guatemala, but has not yet enacted necessary legislation
to implement all the provisions of the 1988 UN Convention on narco-
trafficking. The Government of Guatemala (GOG) does not encourage or
facilitate illicit production or distribution of narcotic or
psychotropic drugs or controlled substances.
Guatemalan studies show that drug use is on the rise in most age
groups with cocaine use increasing rapidly. However, Guatemala has
recently completed a comprehensive national drug plan which is scheduled
to be implemented starting in January 1998 and which includes an
ambitious demand reduction program.
Haiti
Already confronted by a wide array of issues that compete for the
attention of its limited professional and managerial talent, the
Government of Haiti (GOH) and its criminal justice institutions are
severely strained by increased international narcotics trafficking
activities. Haiti's fledgling national police force is hampered by a
lack of manpower, training, equipment, and experience. The poorest
nation in the Western Hemisphere, Haiti is particularly vulnerable to
the corrosive effects of narcotics-related corruption. Haiti's weak and
ineffective judicial system has a poor track record of narcotics
prosecutions. Haiti is a party to the 1988 UN Drug Convention.
Because of a significant increase in the detected activities of
Colombian drug trafficking organizations in Haiti in 1994, Haiti was
added to the list of major drug producing and transit countries in 1995.
Due in measure to effective USG interdiction efforts around Puerto Rico
and the Virgin Islands in 1997, traffickers have increasingly targeted
Haiti's long, undefended coastline for narcotics deliveries intended for
transshipment (often through
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the Dominican Republic) to the US. In response to this growing threat,
the GOH, within its existing capacity, cooperated fully with the United
States Government (USG) in counternarcotics efforts in 1997. The GOH
must build upon the positive steps it has already taken to more
aggressively seize narcotics shipments, pursue and prosecute narcotics
traffickers, and investigate all allegations of governmental corruption
with a view to effective prosecution.
The GOH is slowly but incrementally putting into place the legal
mechanisms and governmental policies to counter organized trafficking
elements. This effort has been hampered overall by the ongoing political
impasse over a parliamentary quorum. In 1997, the GOH and the USG signed
a Maritime Counterdrug Agreement. In 1997, the Haitian Coast Guard (HCG)
and the U.S. Coast Guard (USCG) cooperated in four separate maritime
interdictions that yielded over 2 metric tons of cocaine and five tons
of marijuana. With USG support, the Counternarcotics Unit of the Haitian
National Police (CNU) was staffed, trained and partially deployed in
1997. A fully-deployed CNU is scheduled to move to a permanent
headquarters facility at the Port au Prince airport in 1998.
In response to allegations of drug-related corruption within the
Haitian government, the Haitian National Police arrested 21 police and
judicial officials for suspected complicity in narcotics trafficking in
1997. A Ministry of Justice (MOJ) Special Advisor on Narcotics Matters
drafted a national narcotics strategic plan, completed draft legislation
on money laundering, and updated archaic Haitian narcotics laws. That
said, corruption remains an important USG concern, as does the need for
successful prosecutions of narcotics trafficking cases.
In 1997, the GOH continued to give USG officials high-level
assurances of its commitment to drug control, and those assurances have
been supported by progress in establishing Haitian counter-drug
institutions. However, Haiti still has a number of major goals to
achieve before it will be able to take significant, independent action
in counternarcotics.
Once a new Prime Minister and a new government are installed, the
Maritime Counterdrug Agreement and the MOJ's legislation can be
submitted for Parliamentary approval and a National Narcotics Plan
approved at the cabinet level. The USG will continue to work with the
GOH to achieve Parliamentary passage of pending and planned legislation
and its vigorous implementation, continued training the CNU, and the
institution of anti-corruption steps within the ranks in further
compliance with the goals and objectives of the 1988 UN Drug Convention
and the terms of our bilateral agreements and treaties.
The USG will remain engaged in increasing the capacity of the HCG
and CNU to meet the threat posed by traffickers. The USG will also help
improve the overall security of the Port-au-Prince Airport to inhibit
the flow of drugs via air links to the U.S. Additional counternarcotics
objectives for Haiti include targeting at least one major international
narcotics organization for significant interdiction efforts and enacting
civil and administrative asset forfeiture provisions to facilitate
targeting of trafficker assets and companion legislation requiring use
of the forfeited funds solely for counternarcotics interdiction and
enforcement operations.
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Hong Kong Special Administrative Region
The Hong Kong Special Administrative Region remains a target point
for money launderers and drug traffickers. USG officials believe that
Hong Kong traffickers control large portions of Southeast Asian
narcotics destined for the West, including the United States. In 1997,
however, there were no seizures of heroin destined for the U.S. which
could be tied to Hong Kong itself. Hong Kong has strengthened money
laundering guidelines applicable to its financial institutions,
securities firms and the insurance sector. It also enacted the 1997 Drug
Trafficking Order, which allows for the enforcement of confiscation
orders issued by countries that are signatories to the 1988 UN Drug
Convention, thus enhancing Hong Kong's ability to recover the proceeds
of drug trafficking. With Hong Kong's reversion to Chinese sovereignty
in July 1997, the 1988 UN Drug Convention has for the first time been
made applicable to Hong Kong. The U.S.-Hong Kong Extradition Agreement
was ratified by the U.S. in November 1997 and came into force in January
of this year. The new U.S.-Hong Kong Mutual Legal Assistance Agreement
awaits Senate action.
Close cooperation between Hong Kong law enforcement agencies and the
Public Security Bureau of Guangdong Province resulted in increased
seizures on the mainland of heroin which would otherwise have entered
Hong Kong. In conformity with the 1988 UN Drug Convention, Hong Kong
amended Schedules 1 and 2 of its Control of Chemicals Ordinance to place
the salts of 17 chemicals under licensing control. Hong Kong also issues
pre-export notifications to destination countries of precursor chemical
shipments so as to prevent diversions. As noted by the International
Narcotics Control Board, Hong Kong stopped three suspicious chemical
shipments in 1997. Hong Kong will face the second review of its system
by the Financial Action Task Force in 1998 and has carefully reviewed
its existing body of narcotics-related legislation and practices in
preparation for that review.
There is no reported narcotics-related corruption among senior
government or law enforcement officials in Hong Kong. Cooperation
between the U.S. and Hong Kong on counternarcotics matters remains both
wide-ranging and excellent. Hong Kong and USG personnel conducted
several joint narcotics investigations in 1997, resulting in a number of
arrests and drug seizures, as well as in financial seizures. In August,
U.S., Hong Kong and Mexican officials also successfully coordinated a
controlled delivery to Mexico of 150 kilograms of pseudoephedrine
originating in China. Hong Kong Customs and Excise authorities provided
two instructors to assist DEA's diversion training team in conducting
two one-week seminars in China. Locally posted DEA officers continue to
provide monthly briefings at the Hong Kong Police Command School.
India
India, an important producer both of licit and illicit narcotics, is
a crossroads for international narcotics trafficking. It is the world's
largest producer of licit opiates for pharmaceutical use and the only
producer of licit gum opium. Some opium is diverted from the country's
legal production, although it is difficult to ascertain the exact
amount. The Government of India estimates diversion at about 10 percent,
although it may be as high
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as 30 per cent. Illicit poppy cultivation declined significantly in the
past year, form 47 metric tons (mts) to 30 mts, according to USG
estimates. India's location between the two main sources of illicitly
grown opium, Burma and Afghanistan, as well as its well-developed
transportation infrastructure, makes it an ideal transit point but
heroin transshipment is not as significant as in neighboring Pakistan,
Thailand and China and there is no evidence that opiates transshipped
through India reach the U.S. in significant amounts.
As a licit producer of opium, India must meet an additional
certification requirement. In accordance with Section 490(c) of the
Foreign Assistance Act, it must maintain licit production and stockpiles
at levels no higher than those consistent with licit market demand and
take adequate steps to prevent significant diversion of its licit
cultivation and production into illicit markets and to prevent illicit
cultivation and production.
Indian opium gum, the principal source of thebaine, and alkaloid
essential to certain pharmaceuticals, is purchased by U.S.
pharmaceutical firms. Between 1994 and 1996, India had difficulty
meeting its production goals and satisfying the world demand for this
narcotic raw material. Reduction in acreage, a severe drought which
limited crops and inaccurate physical inventories over the last 20 years
led to a depleted stockpile and large discrepancies in inventory which
were discovered in 1994.
Starting in 1995, India took a number of steps to increase licit
opium productivity and the licit opium stockpile. To increase future
inventory accuracy, the traditional method of storing liquid opium in
large, open vats, resulting in undetermined losses due to evaporation,
was changed to a system of sealed cans. To ensure a more secure
stockpile, the GOI increased the opium crop by increasing each year the
minimum qualifying yield per hectare with which each farmer must comply.
Opium output grew each year, from 833 mts in 1995 to 849 mts in 1996 to
1,341 mts in 1997. The GOI also sharply increased its seizures of
diverted licit opium. Greater GOI attention to increasing licit opium
yields both increased the amount of narcotic raw material available to
purchasers and ensured a more stable stockpile. Following years of an
inadequate supply, this year's increased production finally gives India
a licit stockpile consistent with market demand.
In 1997, India took five important steps to increase licit opium
production to meet market demand while curtailing the diversion of licit
opium. These steps include: A) raising the minimum qualifying yield
(MQY) for relicensing to cultivate opium poppy from 48 to 52 kilograms
per hectare; B) increasing GOI vigilance of poppy farmers with direct
farm visitation by enforcement personnel to ensure all harvested opium
is turned in to government warehouses; C) seizing 11 mts of raw opium
harvested by licit cultivators, but not declared to the government in
1997 as opposed to the 2 mts of diverted licit opium seized in 1996; D)
quickly averting the harmful effects of a cultivator strike by licensing
new farmers to replace the striking cultivators; and E) making offenses
relating to cultivation and embezzlement of opium by licensing
cultivators on par with other trafficking offenses, resulting in long
prison terms and heavy fines upon conviction.
While these are adequate steps to curb diversion, the USG believes
even more could be done and will work with the GOI to increase diversion
controls. USG offers to help the Government of India (GOI) with a survey
of the licit opium fields have not yet been acted upon. A well-designed
crop
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study would provide accurate data on crop yields and would be an
important step in establishing practicable levels of minimum qualifying
yield. The data could also be used to extrapolate the level of
diversion. The USG hopes to work with the GOI on a future joint opium
crop yield survey. Scientists from the U.S. Department of Agriculture
and the GOI have collaborated on the design of a poppy survey.
India also has illicit cultivation, primarily in Jammu and Kashmir,
where GOI control is challenged by insurgent groups and in the remote
hills of Uttar Pradesh. USG surveys between 1994 and 1997 indicated
illicit cultivation of opium poppy decreased steadily, with the
estimated yield declining from 82 mts of opium to 30 mts. The GOI
locates and destroys illicit cultivation with vigor, but in some areas,
such as Jammu and Kashmir, GOI control is challenged by insurgencies.
The USG supplies satellite data along with coordinates of suspected
areas of illicit poppy cultivation and the GOI has carried out extensive
field surveys and some random aerial surveys, some with DEA assistance.
The GOI has made significant progress in controlling the production
and export of precursor chemicals. Trafficking in illegally produced
methaqualone (mandrax), a popular drug in Africa, is still a major
problem. The GOI has a cooperative relationship with the DEA, which is
appreciative of Indian efforts to control trafficking in precursor
chemicals. However, authorities have had limited success in prosecuting
major narcotics offenders because of the lack of enforcement funding and
weaknesses in the intelligence infrastructure.
India met formally several times in 1997 with Pakistan to discuss
narcotics matters and is committed to continuing consultations in 1998.
Although these meetings have produced limited results, they are an
important step toward much-needed regional narcotics cooperation. India
has also met with Burmese officials along the border.
India is party to the 1988 UN Drug Convention, but has not yet
enacted supporting legislation on asset seizures or money laundering.
The substantive steps India has taken in controlling illicit narcotics
growth and in increasing the harvest of licit opium while at the same
time tightening controls on the licit crop to prevent diversion qualify
India for certification.
Jamaica
Jamaica is a producer of marijuana and an increasingly significant
cocaine transshipment country. The Government of Jamaica (GOJ) made some
progress during 1997 toward meeting the goals and objectives of the 1988
UN Drug Convention, to which it became a party in December 1995, and of
our bilateral cooperation agreements and treaties. Counterdrug
cooperation between DEA and the Jamaica Constabulary Force (JCF)
remained at high levels, and cannabis eradication increased from 473
hectares in 1996 to 683 hectares in 1997, despite severe resource
constraints. In October, parliament passed a master national drug abuse
prevention and control plan which complies with the OAS/CICAD model.
Many important actions, however, still remain to be taken by the GOJ to
fully meet the counterdrug goals and objectives.
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During 1997, the GOJ extradited to the U.S. three Jamaican national
fugitives from U.S. justice, compared to 1996, when the GOJ returned one
Jamaican national under a waiver of extradition, one U.S.-Jamaican dual
national who returned voluntarily and six U.S. national fugitives who
returned voluntarily or were deported to the U.S. One U.S. national died
in Jamaica in 1996 while extradition proceedings were pending. The U.S.
seeks early resolution of the 26 active extradition cases currently
pending with Jamaica. Although both countries have begun to utilize the
bilateral Mutual Legal Assistance Treaty (MLAT), Jamaica needs to speed
up its execution of U.S. mutual legal assistance requests.
By year's end, the GOJ had not yet tabled in parliament any
precursor and essential chemical control legislation. In September 1997,
however, the GOJ signed with the USG a letter of agreement (LOA) which
details USG counternarcotics assistance to be provided and GOJ actions
to be taken. This agreement includes a GOJ commitment to introduce into
parliament a precursor chemical control law by April 1998.
In November 1997, the GOJ amended its 1996 anti-money laundering law
to mandate reporting of all cash transactions of U.S. $10,000 equivalent
or more. Previously, the law incorporated a threshold reporting
requirement for all transaction types. Further amendments are required
to bring Jamaica into full compliance with the recommendations of the
Caribbean Financial Action Task Force (CFATF). Although there are four
cases pending, to date there has been no adjudication of money
laundering cases. In February 1998, a Jamaican court granted the first
forfeiture order, under the 1994 law, of assets of a convicted drug
dealer; however, Jamaica has not provided for earmarking of forfeited
assets for counterdrug purposes.
In the area of drug enforcement, GOJ drug arrests and cocaine and
hashish oil seizures increased in 1997 from 1996 levels, but marijuana
seizures were down substantially. A maritime law enforcement cooperation
agreement was signed by the GOJ and USG in May 1997; on February 24,
1998, the GOJ notified the USG that it had completed its constitutional
requirements for the entry into force of the agreement. A return
notification from the USG brings the agreement into force. The United
States hopes that, with the agreement in force, maritime cooperation
with Jamaica will improve. The GOJ needs to reinvigorate the previously
successful joint Jamaica Constabulary Force (JCF)-DEA Operation Prop
Lock, which seized only one trafficker plane during 1997, and that had
to be returned to its owner for lack of probable cause.
Drugs in export shipments continued to threaten Jamaica's legitimate
commerce during 1997. At GOJ invitation, U.S. agencies conducted an
export security assessment and recommended remedial actions to improve
security at air- and seaports. The GOJ needs to carry out these
recommendations. During 1997, there were reports in the Jamaican media
about drug-related corruption of police and a resident magistrate, the
latter of whom was arrested on corruption charges. The GOJ also needs to
take strong steps to control drug-related public corruption. A wide-
ranging bill dealing with corruption of public officials was tabled in
parliament, with passage expected in early 1998.
Parliamentary passage of introduced and planned legislation and its
vigorous implementation will be necessary for Jamaica to meet fully the
goals
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and objectives of the 1988 UN Drug Convention and the terms of our
bilateral agreements and treaties.
Laos
Laos remains the world's third largest producer of illicit opium.
Despite concerted efforts by the government, Laos' estimated potential
production as a result of the 1997 growing season was 210 metric tons,
up 5 percent from 1996. Cultivation increased by 12 percent, with most
of the increase in the more isolated northwest of the country. Opium
production remained low, however, within the USG-funded Houaphanh
alternative development project area. Laos' proximity to important ports
and trade routes also places it on the trafficking routes for drugs
destined for the West, including the U.S. Recognizing the phenomenon of
``economic opportunism'' suggested by UNDCP experts as contributing to
increased opium production, Lao authorities agreed in 1997 to a USG
proposal to begin, for the first time, an eradication program in areas
where alternative development projects are in place. Lao law enforcement
officials made their largest heroin seizure ever (62.3 kilograms) in
Luang Prabhang Province in May, highlighting the increased effectiveness
of Laos' counternarcotics enforcement efforts. Laos also ratified the
1971 UN Convention on Psychotropic Substances and has indicated it may
ratify the 1988 UN Drug Convention in 1998, after passage of required
legislation.
In keeping with its plan to address all aspects of the drug problem
in Laos, the Government of Laos has emerged as an increasingly active
player in regional and international counternarcotics efforts. In July,
it hosted a trilateral ministerial meeting with Burma and Thailand to
address problems of illicit drug production and trafficking. Laos also
signed bilateral counternarcotics cooperation agreements with Burma and
the Philippines. It was selected to serve a four-year term on the UN
Commission on Narcotic Drugs, which began this January.
USG-Lao counternarcotics cooperation remains a center point of the
overall relationship and continues to be excellent. USG counternarcotics
assistance to Laos has increased as the Lao have moved toward a
counternarcotics policy which seeks to balance alternative development,
law enforcement, eradication and demand reduction regimes. In order for
Laos to avoid the stigma attached to narco-societies, it must control
opium cultivation, production and trafficking before modernization
exacerbates those problems. It will also have to deal with the problems
posed by corruption, including possible narcotics-related corruption,
among military and government officials. The USG's commitment to Laos
has been made both in response to the determination thus far shown by
the Government of Laos and in recognition of Laos' need for assistance
in accomplishing its stated counternarcotics goals.
Malaysia
For geographic and historical reasons Malaysia remains, and likely
will remain for some time, a significant transit country for U.S. and
European-
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bound heroin. Top Malaysian leaders, including the Prime Minister, are
deeply concerned by Malaysia's drug problem and have made combating
illicit drugs one of Malaysia's top national priorities. Police, armed
with stiff anti-trafficking laws that provide for detention without
trial and, in some cases, mandatory death sentences, prosecute drug
crimes vigorously. The Anti-Narcotics Division of the police now enjoys
department status. Unlike some of its neighbors, Malaysia is prepared to
move against corruption. Several police officers were arrested and
prosecuted for drugs-related corruption. Police also arrested several
mid-level police officers and other government officials including a
Malaysian diplomat, who was later acquitted of drug smuggling charges. A
newly amended anti-corruption act gave the police additional powers to
prosecute corruption in 1997.
The government has also devoted new resources to drug
rehabilitation. In 1997 Malaysian authorities launched new initiatives
aimed at combatting drug use among the young, improving drug
rehabilitation techniques, and combatting the spread of psychotropic
pills. Cooperation with the USG on combatting drug trafficking has been
excellent. The U.S.-Malaysian Extradition Treaty came into force in
1997. Positive discussions on a Mutual Legal Assistance Treaty
continued. Malaysia is working on legislation governing asset forfeiture
and management of seized assets to complement the MLAT. Malaysia is a
party to the 1961 UN Single Convention and its 1972 Protocol, the 1971
UN Convention on Psychotropic Substances and the 1988 UN Drug
Convention.
Mexico
The issue of illicit narcotics trafficking, and related crimes,
remains at the top of the bilateral agenda between the U.S. and Mexico.
These issues figured prominently in meetings in which Presidents Clinton
and Zedillo approved documents which form the basis of counternarcotics
cooperation between the United States and Mexico. In May, the two
Presidents issued the ``Declaration of the U.S.-Mexico Alliance Against
Drugs'' and released the Bi-National Drug Threat Assessment. In
November, the two Presidents approved a summary of a binational drug
strategy. Both leaders have committed to strengthen their governments'
respective anti-drug efforts and to continue to work toward closer and
more effective bilateral anti-drug cooperation.
The U.S./Mexico High-Level Contact Group on Narcotics Control (HLCG)
and the Senior Law Enforcement Plenary continued to serve as the
principal senior-level fora for expanding and enhancing bilateral
counter-drug cooperation. The HLCG met three times in 1997, the Plenary
twice, and their technical working groups, which cover issues ranging
from chemical control to demand reduction, met throughout the year. The
HLCG supervised the preparation of the bilateral threat analysis and the
United States/Mexico Binational Drug Strategy, which was released on
February 6, 1998.
During 1997, the Government of Mexico (GOM) took steps to begin
implementing the important legislative reforms of 1996 to advance its
national efforts against drug trafficking and organized crime. It
developed a number of specialized investigative units, such as the
Organized Crime and Financial Intelligence Units, to implement those
laws. The Bilateral Border Task
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Forces, created in 1996, had to be reconstituted in 1997, however;
Mexican personnel are assigned and working in these units, but are
cooperating with U.S. law enforcement counterparts on a limited basis.
Agents assigned to the new Special Prosecutor's Office and to the elite
investigative units underwent more rigorous screening and background
checks than their predecessors and the process is being expanded to all
parts of the Office of the Attorney General (PGR). The GOM improved
training for the new agents, and plans to improve salaries and benefits
as well. The U.S. provided training, technical and material support.
The GOM published regulations needed to implement anti-money
laundering legislation passed in 1996 and began to work with financial
institutions to improve the effectiveness of its national reporting
system for suspicious and large currency transactions. The Mexican
Congress began its review of new asset forfeiture legislation. In
December, the Mexican Congress passed a comprehensive chemical control
bill enabling the GOM to regulate all aspects of commerce in precursor
and essential chemicals to prevent their diversion to illicit drug
production. The Chemical Experts Working Group promotes bilateral
cooperation and information sharing.
The GOM wrestled with very serious corruption issues in 1997,
including an internal investigation which implicated General Jesus
Gutierrez Rebollo, the head of its federal drug law enforcement agency.
He and a number of co-conspirators are being prosecuted, and the agency
he headed was replaced by a new institution. Mexico is seeking both to
uncover ongoing cases of corruption as well as to strengthen justice
sector institutions to withstand corrupting influences and pressures.
President Zedillo has made this a national priority, but acknowledged
that lasting reform will take time.
Drug seizures in 1997 generally increased over 1996 levels. Mexican
authorities seized 34.9 MT of cocaine, 115 kgs of heroin, 343 kgs of
opium gum, 1,038 MT of marijuana, 39 kgs of methamphetamine, and
destroyed 8 clandestine laboratories. The GOM's massive drug crop
eradication effort reduced net production of opium gum from an estimated
54 MT in 1996 to 46 MT in 1997, and of marijuana from 3,400 MT in 1996
to 2,500 MT in 1997. Authorities arrested 10,742 suspects on drug-
related charges. At least eight individuals considered by U.S. law
enforcement authorities to be major traffickers were tried and sentenced
to prison terms of 9 to 40 years, including Joaquin Guzman Loera (21
years), Hector Luis Palma Salazar (22 years), Miguel Angel Felix
Gallardo (12 years), Raul Valladares del Angel (29 years).
Unfortunately, Humberto Garcia Abrego was released and Rafael Caro
Quintero succeeded in obtaining a reduction in his sentence.
In 1997, the U.S. and Mexico made further progress in the return of
fugitives. A new Protocol to the Extradition Treaty, signed at the time
of President Zedillo's visit to Washington in November, will aid the two
governments in their efforts to combat transnational crime by permitting
``temporary'' extradition of fugitives sentenced in one country to face
criminal charges in the other. The GOM approved the extradition of 27
fugitives from U.S. justice (12 for drug charges) although nine (all
Mexican nationals, five facing drug charges) are appealing the GOM's
extradition order, or face charges in Mexico. Thirteen fugitives (seven
on drug charges) were formally extradited; ten other fugitives (eight
U.S. citizens and two third-
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country nationals) were expelled by the GOM to the U.S. in lieu of
extradition.
Mexico made progress in its anti-drug effort in 1997 and cooperated
well with the United States. Nevertheless, the problems that Mexico
faces in countering powerful criminal organizations, and the persistent
corrupting influence that they exert within the justice sector, cannot
be minimized. There are also areas of bilateral cooperation which must
be improved for the two governments to achieve greater success in
attacking and dismantling the trans-border drug trafficking
organizations. The U.S. is convinced, however, of the Zedillo
Administration's firm intention to persist in its campaign against the
drug cartels and its broad-sweeping reform effort. Through daily
interaction between agencies of the two governments, formal discussions
in the HLCG and other bilateral groups, as well as collaboration in
multilateral fora, the two governments are finding increasingly
productive ways to work together against the common threats our nations
face.
Panama
Panama is major transit point for Colombian cocaine and heroin on
its way to the United States. Cocaine passes through Panamanian
territorial waters concealed in fishing boats or ``go-fast'' boats. Some
of it is off-loaded on the Panamanian coast and then transported by
truck up the Pan-American Highway into Costa Rica where it is then bound
for the US. It is also carried by ``mules'' traveling by air to the US
and Europe. There is no evidence that any senior official of the
Government of Panama is involved in any drug scenarios nor does
government policy encourage or facilitate drug-related criminal
activity. However, the amount of drugs seized by Costa Rican border
officials from tractor trailers entering from Panama is suggestive of
either inadequate inspections or corruption on the part of Panamanian
border officials. Corruption in the Judiciary remains a concern,
particularly because judges are vulnerable to political influence and
are susceptible to threats.
Panama continued to cooperate with U.S. in counternarcotics efforts
in 1997. In 1997, they took steps to implement its counternarcotics
masterplan, which was developed by the National Commission for the Study
and Prevention of Drug Related Crimes, a part of their public ministry.
The plan deals with prevention, treatment, rehabilitation, and re-entry
into the workforce; control of supply; and illicit trafficking. It
encompasses state and non-governmental organizations. Panama also hosted
the ``First Hemispheric Congress on the Prevention of Money Laundering''
and became the first Latin American country to be admitted to the Egmont
Group, an alliance of 30 nations with centralized financial analysis
units to combat money laundering. Panama is also an active participant
in the Commission Against Addiction and Illicit Trafficking of Drugs
(CICAD), the Caribbean Financial Action Task Force (CFATF) and the Basel
Committee's Offshore Group of Bank Supervisors.
In 1997, Panamanian officials seized 21.62 metric tons (MT) of
illegal drugs, including 7 MT of cocaine. Although Panama gives law
enforcement a high priority, this is not reflected by the scant
resources and low wages
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it provides some of its law enforcement agencies which lack equipment,
training and base facilities.
Panama needs to sign the maritime interdiction treaty with the U.S.
that was negotiated and approved by the General Directorate of Consular
and Maritime Affairs earlier this year. They need to undertake a
fundamental and wide-ranging reform of the judicial system to ensure it
is protected from political influence and corruption. Panama needs to
sign the agreement with the U.S. to establish a Multinational
Counternarcotics Center (MCC) at Howard Air Force Base. Negotiations
were essentially completed on this agreement in late 1997, when the GOP
raised new concerns. The GOP also needs to enact bank reforms it
announced in 1997 and enact legislation to extend the existing law
against drug money laundering to include the proceeds from all serious
crimes.
Peru
Following the 1996 reduction in coca cultivation, Peruvian coca
cultivation declined dramatically in 1997, from 115,300 hectares (with
the potential to produce 460 metric tons of cocaine) in 1995 to less
than 69,000 hectares (with the potential to produce 325 metric tons of
cocaine) in 1997. The 1997 percentage decrease in the total area under
coca cultivation was 27 percent, following the 18 percent decline in
1996. A strong commitment by the Government of Peru (GOP) to forcibly
eradicate illicit mature coca in national parks and other areas by
manual labor means resulted in over 3,462 hectares destroyed in 1997, a
175 percent increase over 1996.
This success was the offspring of a combined Peruvian Air Force
(FAP) and Peruvian National Police Drug Directorate (DINANDRO)
``airbridge denial'' interdiction program and increasingly effective
narcotics law enforcement. These two USG-supported programs continued to
deter traffickers from using their preferred method of exporting large
quantities of cocaine base by air for further refining into cocaine
hydrochloride (HCl) in Colombia and elsewhere. ``Airbridge denial''
success maintained a cocaine base glut in the coca cultivation zones and
below-production-cost farmgate coca prices. The collapse of coca leaf
prices spurred greater numbers of farmers to accept the economic
alternatives to coca offered by the USG-Peru alternative development
project, which expanded in 1997.
The joint U.S.-GOP alternative development program was successful in
strengthening local governments, providing access to basic health
services and promoting licit economic activities, thereby establishing
the social and economic basis for the permanent elimination of coca. A
total of 239 communities have signed coca reduction agreements to reduce
coca by approximately 16,300 hectares over the next five years.
Responding to traffickers developing new smuggling methods on Peru's
rivers, across land borders and via maritime routes, Peruvian
counternarcotics agencies, in particular DINANDRO and the Peruvian Coast
Guard, established several riverine counternarcotics bases and increased
resources for riverine anti-drug operations. Cooperating with USG law
enforcement partners and advisors, DINANDRO worked extensively with drug
police from Colombia and Brazil to share counternarcotics intelligence
and to par
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ticipate in joint law enforcement operations in the Amazonian tri-border
area.
In 1997, the Government of Peru (GOP) cooperated fully with the USG
in fulfilling the objectives of the USG-Peruvian counternarcotics
framework agreement and of the 1988 UN Drug Convention, to which Peru is
a party. Counternarcotics activities remained a GOP national priority,
and Peru's 1997 ``National Plan for Alternative Development, Drug
Prevention and Rehabilitation'' set goals of reducing illicit coca
production by approximately 50 percent within five years.
Taiwan
Given trafficking patterns in the region and Taiwan's role as a
shipping center, the U.S. believes Taiwan remains a transit point for
drugs significantly affecting the U.S. While Taiwan authorities dispute
this assessment, there is no disagreement with regard to the fact that
individuals from Taiwan continue to be involved in international
narcotics trafficking. Some 67 percent of all drugs smuggled into Taiwan
are believed to come from China. Whatever their belief about Taiwan's
transit role, Taiwan authorities continue to mount an aggressive
counternarcotics campaign that involves both social rehabilitation
programs and harsh sentences for narco-trafficking. Although Taiwan is
not a UN member and cannot be a signatory to the 1988 UN Drug
Convention, it tries to meet Convention goals regarding precursor
chemicals via an active program to control the products of its large
chemical industry. In addition, Taiwan authorities have come to
recognize that money laundering is a growing problem. In 1997, a Money
Laundering Prevention Center was established under the auspices of the
Ministry of Justice Investigation Bureau.
Cooperation between USG law enforcement agencies (under the auspices
of the American Institute in Taiwan) and Taiwan law enforcement
institutions continued to expand in 1997. Drug Enforcement
Administration (DEA) and Financial Crimes Enforcement Network officials
have led training seminars for Taiwan counterparts and have broadened
their range of contacts within Taiwan's law enforcement community.
Taiwan authorities have generally responded positively and
constructively to U.S. requests on counternarcotics issues. With the
opening of the Money Laundering Prevention Center, authorities have
started sharing with USG law enforcement officials Taiwan-originated
information related to money laundering cases where the flow of money
leads to the U.S. In addition, Taiwan Ministry of Justice investigation
officers assisted DEA agents with a case involving a shipment of drugs
to Guam.
Taiwan's counternarcotics enforcement activities led to a 19.1
percent increase in drug convictions in the first ten months of 1997
over all of 1996. Drug seizures also increased. The Money Laundering
Prevention Center pursued investigations in all 360 cases of reported
suspicious transactions. Taiwan also continues to prosecute cases of
public corruption. There are, however, no known cases of official
involvement in narcotics trafficking.
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Thailand
Throughout 1997 Thailand continued its long tradition of cooperation
with the United States and the international community in anti-drug
programs. The U.S.-Thai Mutual Legal Assistance Treaty has been in
effect since the middle of 1993, and USG requests for assistance under
the Treaty have been consistently honored by the RTG. Cooperation
between the USG and Thailand in a number of areas, not specifically
covered by formal agreements, is long standing, close and productive.
DEA works closely with Thai drug authorities in investigating major
heroin trafficking organizations, providing training and developing Thai
drug enforcement capabilities. The U.S. Customs Service and Department
of Defense have cooperated with various agencies on anti-smuggling
projects. DOD is also supporting training initiatives with selected
Border Patrol and Narcotics Police units, and has assisted development
of the regional Drug Task Forces.
In another example of responsive drug enforcement cooperation, after
the illegal release on bail of a major drug fugitive awaiting
extradition to the United States, Thai authorities moved quickly to
secure his return from Burma, expedited his extradition and ultimately
removed the judge responsible for granting the bail. Thailand's
continuing cooperation on extraditions involved sending 17 individuals
to the U.S., all but one of whom were defendants in drug cases, and some
of whom were Thai nationals or claimed Thai citizenship.
USG experts estimated that Thai opium production in the 1996-97
growing season declined seventeen percent from the previous year's
production, to 25 metric tons. Control programs have resulted in a
reduction of the amount of poppy grown from an estimate of up to 200
metric tons in the 1970's, to an estimated 25 metric tons in 1997.
Although Thailand has yet to become a party to the 1988 UN Drug
Convention due to its lack of anti-money laundering laws, progress was
achieved with money laundering legislation, previously approved in
Cabinet, introduced in Parliament and passed through the first of three
readings. Thai officials have committed to the passage of the laws
during upcoming parliamentary sessions. Thailand is generally in
compliance with the 1988 UN Drug Convention except for enacting anti-
money laundering statutes. It enforces laws against the cultivation,
production, distribution, sale, transport, and financing of illicit
drugs. Last year penalties for possession of methamphetamines were
increased. As of October 1997, 282 cases opened under the asset seizure
and conspiracy statutes amounted to over 17 million dollars seized or
frozen. Thai authorities do, however, need to strengthen the conspiracy
law and create additional legal tools to make prosecutions of higher
level offenders possible. Thailand's level of international and
bilateral cooperation on drug control is expected to remain high, with
the Kingdom setting an example regionally for effective drug control
programs, despite current economic difficulties.
Venezuela
Venezuela continues to be a major transit country for cocaine
shipped from South America to the United States and Europe. Law
enforcement
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agencies estimate that over 100 metric tons (mt) of cocaine transit
yearly. Venezuela is also a transit country for chemicals used in the
production of drugs in source countries. Venezuela is not a significant
producer of illegal drugs, but small-scale opium poppy cultivation
occurs near the country's border with Colombia. In recent years,
Venezuela's relatively vulnerable financial institutions have become
targets for money laundering of illegal drug profits.
In 1997, Venezuela took significant steps to improve its counter-
narcotics activity. A new drug czar (appointed at the end of 1996)
received ministerial rank and a mandate to step up implementation of
Venezuela's comprehensive 1993 anti-drug law. Seizure statistics
increased more that 150 percent over those in 1996. Venezuela's congress
passed legislation to control gambling casinos (a prime money laundering
target) and the government adopted new banking regulations with strict
reporting requirements. The National Anti-Drug Commission (CNA, formerly
CONACUID) released a national anti-narcotics strategy containing a
comprehensive set of goals for the next four years. These goals include
judicial reform and a new organized crime bill with conspiracy, asset
forfeiture, and additional anti-money laundering provisions.
Bilateral cooperation between Venezuela and the U.S. received a
boost during the October 1997 visit of President Clinton to Caracas. The
two countries signed a joint declaration of ``Strategic Alliance Against
Drugs.'' The declaration addressed most of the areas of the 1988 UN
Convention (ratified by Venezuela in 1991) and specific areas of
bilateral concern raised in the course of bilateral discussions during
the year. During this visit, the two countries also signed a mutual
legal assistance treaty (MLAT). 1997 also saw increased cooperation
between Venezuela and the U.S. in maritime interdiction of illegal drug
shipments.
Some problem areas remain. Narcotics-related corruption in law
enforcement, the judiciary, financial institutions, and the prison
system are continuing concerns. The Government of Venezuela does not as
a matter of policy or practice encourage or facilitate drug trafficking
or money laundering, nor do its senior officials engage in, encourage,
or facilitate such activities. Port control needs to be improved. The
new anti-money laundering legislation needs to be implemented with an
effective control regime and organized-crime/asset forfeiture
legislation should be given a high priority. Venezuela continues to lack
an effective air interdiction strategy.
Nevertheless, Venezuela demonstrated a high-level political
commitment to combat narcotics trafficking and related crime during
1997. The U.S. will support Venezuela's stepped-up counternarcotics
effort and will work closely with Venezuela in areas of common concern
as money laundering and diversion of precursor/essential chemicals. The
U.S. will also seek ways to support judicial reform and to enhance
cooperation in maritime interdiction efforts.
Vietnam
Drug trafficking through Vietnam and domestic drug abuse continue to
increase, particularly among young people with rising incomes. At the
same time, intense media coverage of narcotics arrests and trials,
especially
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stiff sentences, including several executions, highlighted a ``get
tough'' approach with traffickers and corrupt mid-and-lower level
government officials. Law enforcement authorities also increased drug
seizures, investigations, and prosecutions, generally. The number of
drug arrests increased by 25 percent in the first six months of 1997,
compared with the same period last year. This followed an even larger
increase (66 per cent) in 1996. Some 70 percent of the cases involved
heroin. A spot raid in Ho Chi Minh City netted 96 youngsters (mostly age
15-16) who were dealing in heroin. In another incident, a judge in Ky
Son District (the area of heaviest drug production and transit) was
arrested in March for trafficking in opium, but he later escaped. A
Haiphong Court also imposed stiff sentences on several drug pushers said
to have lured teenagers into heroin use. Traffickers seem to have
modified their transit routes somewhat in response to these stepped-up
enforcement efforts.
The Socialist Republic of Vietnam (SRV) took two major initiatives
during 1997: it established an Anti-Narcotics Division (AND) of the
People's Police and reorganized and elevated responsibility for drug
policy coordination, which is now under a Deputy Prime Minister. It also
ratified the 1988 UN Drug Convention in November. After considerable
success reducing opium poppy cultivation in the past few years,
cultivation may once again be increasing. Vietnam claims to have reduced
poppy cultivation from over 20,000 hectares in the late 1980's and early
1990's to 2,885 hectares in 1995/96. USG experts, however, estimated an
increase from 3,150 hectares in 1996 to 6,150 hectares in 1997. The
United States and Vietnam are negotiating a narcotics cooperation letter
of agreement. During 1997, the Vietnamese welcomed a visit by the Drug
Enforcement Administration's (DEA) Chief of International Operations.
There were also regular visits by DEA officers based in Embassy Bangkok.
VITAL NATIONAL INTERESTS JUSTIFICATIONS
Cambodia
A transit point for Southeast Asian heroin as well as a source
country for marijuana, Cambodia experienced violent internal conflict in
early July 1997. This conflict, and the high-level political infighting
leading up to it, disrupted USG counternarcotics efforts aimed at
helping to build a credible counternarcotics and law enforcement
infrastructure. Indeed, all direct USG assistance to the government has
been suspended, although some humanitarian and democracy-building
programs continue.
In recent months, Cambodia appears to have begun to try to refocus
its counternarcotics efforts. Counternarcotics agencies appear to be
targeting trafficking organizations more aggressively, but their staffs
remain poorly trained and equipped. Military and police personnel have
been arrested for their involvement in narcotics-related activities,
suggesting an effort at rooting out at least some drug corruption. DEA,
U.S. Customs and other USG agencies continue to have access to Cambodian
counterparts and generally characterize cooperation as good, in that
interlocutors are willing to share information and to respond, to the
extent possible, to requests for assistance.
[[Page 267]]
However, the continuing instability has politicized the
counternarcotics effort. Various Cambodian factions have charged
political opponents with engaging in illegal narcotics activities, often
with the objective of drawing US personnel into appearing to support one
or another party or individual. Politicization of the counternarcotics
effort has undermined some of the value of USG assistance and harmed
cooperation. Moreover, little has been done by the Royal Government of
Cambodia (RGC) to assuage international concerns about allegations of
high-level government corruption, leaving Cambodia's commitment to
counternarcotics efforts in doubt at this time.
The US, jointly with ASEAN and the UN, is now engaged in a
diplomatic effort to urge the RGC to restore the Paris Peace Accords'
framework by permitting free and fair elections this year. Should this
effort to promote accountable democratic governance in Cambodia succeed,
it will be vital to maintain our ability to provide all types of
counternarcotics, as well as other assistance, if appropriate, to
strengthen independent judicial systems and foster accountable
institutions of civil society in Cambodia. Assistance to support
democratic development and long-term economic stability in Cambodia is a
key element of our overall long-term commitment to stability and
openness in the Asia-Pacific region. Cambodia figures in our own
strategic interest in ASEAN's long-term political and economic
stability, especially since Cambodia continues to have an interest in
becoming a member of ASEAN. Accordingly, while it is not appropriate at
this time to certify Cambodia as either fully cooperating with the
United States or taking adequate steps on its own to combat drug
production and trafficking, the risks posed by inadequate
counternarcotics performance are outweighed by the risks posed to US
vital national interest if assistance is not available.
Colombia
As in previous years, Colombia remained the world's leading producer
and distributor of cocaine and an important supplier of heroin and
marijuana. Notwithstanding significant eradication in the Guaviare
region, coca cultivation in southern Colombia grew markedly, leading to
an increase in coca cultivation overall.
In November 1997, the Colombian Congress passed a constitutional
amendment reversing the 1991 Constitutional ban on the extradition of
Colombian citizens. This represents significant progress, and is due in
large part to effective lobbying of the Government of Colombia (GOC) and
the Colombian Congress and Senate by the Colombian private sector.
Unfortunately, the final bill falls short because it contains a ban on
retroactive application. The Government and members of the Colombian
Congress have filed challenges to this ban. However, if the ban is
upheld by Colombia's Constitutional Court, then the Cali kingpins would
be placed beyond the reach of U.S. justice for crimes committed before
December 1997. Moreover, the constitutional bill may also require
implementing legislation, which the GOC has promised to seek before
President Samper leaves office in August 1998. This legislation could
give opponents of extradition another opportunity to weaken extradition.
In early 1997, Colombia passed excellent legislation which stiffened
sentences for narcotics traffickers, strengthened regulations affecting
money-
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laundering and permitted forfeiture of the assets of narcotics
traffickers. Implementation of these strong laws by the GOC has been
disappointingly slow and the GOC has yet to apply them aggressively.
The GOC also took measures to improve prison security in Colombia,
giving the Colombian National Police (CNP) responsibility for security
in the maximum security pavilions housing the major narcotics
traffickers, a great improvement. However, continued attention has not
been given to the problem. The U.S. Embassy has heard fewer reports of
traffickers carrying out their illicit business activities with impunity
from their cells, but there are still indications that the drug kingpins
maintain some ability to operate their criminal enterprises and exert
influence from prison.
The Colombian Government made only limited progress in 1997 against
narcotics-related corruption. Several former congressmen and the mayor
of Cali were sentenced on corruption charges stemming from the ``Caso
8000'' investigation. The GOC has demonstrated little inclination to
root out official corruption and to strengthen democratic institutions
from the corrupting influence of narcotraffickers.
The Colombian National Police and selected units of the military
involved in counternarcotics activities produced impressive results in
1997. Figures for both eradication and seizures were up, despite
significant challenges from heavily-armed narcotics traffickers and
several elements of the guerrilla movements which support them. The
maritime agreement signed in early 1997 has been successfully
implemented and resulted in interdiction of several cocaine shipments.
Although the GOC has made important progress in some areas this
year, the USG cannot certify Colombia as fully cooperating with the
United States on drug control, or as having taken adequate steps on its
own to meet the goals and objectives of the 1988 UN Drug Convention.
Poor government performance in the extradition debate, lack of a
concentrated effort to combat official narcotics-related corruption and
still lagging enforcement of strong counternarcotics laws all argue
against certification.
However, the vital national interests of the United States requires
that U.S. assistance to Colombia be provided. The continuing dominance
of Colombian cartels in the cocaine industry, their growing role in the
heroin trade and the growing role of the guerrillas in shielding and
protecting illicit drug production make the challenges in Colombia
greater than ever before. To meet these challenges, we need to work even
more closely with the GOC to expand joint eradication efforts in new
coca growing areas in southern Colombia and in opium cultivation zones,
to enhance interdiction, and to strengthen law enforcement. The GOC
would not likely approve such an expanded program if denied
certification for a third straight time. We have a unique opportunity
with significant US-supplied assets deployed and the commitment of the
CNP and elements of the armed forces to strong efforts in these areas.
However, they will need increased resources and training to perform
these tasks adequately. Strong leadership must come from the Colombian
government to reform and defend essential democratic institutions, such
as the country's judiciary. The coming elections may provide
opportunities for further cooperation.
Moreover, key elements of US assistance which could help in this
effort, such as potential foreign military financing (FMF) and
international military education and training (IMET), could not be
provided to our allies for
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counternarcotics operations if Colombia were denied certification again.
Indeed, this year the President deemed necessary the provision of FY97
IMET and previous year FMF by means of a waiver under Section 614(b) of
the FAA.
U.S. economic engagement is also a critical element in
counterbalancing the influence of drug money in the Colombian economy.
After two years of denial of certification, U.S. companies, without
access to OPIC and EXIM Bank financing, have lost significant business
to competitors. With a vital national interest certification, U.S.
companies will be able to compete on a level playing field for up to $10
billion in upcoming major contracts.
In making the decision to provide a vital national interests
certification to Colombia this year, we were mindful of the
deteriorating security and human rights environment in Colombia, the
threat to that country's democracy, and the threat posed to Colombia's
neighbors and to regional stability. The cumulative effects of
Colombia's forty-year old insurgency, narco-corruption, the rise of
paramilitaries, the growing number of internally displaced Colombians,
growing incidents of human rights abuses, and the potential threat that
Colombia's violence and instability pose to the region all require a
vital national interests certification. Such a certification is
necessary so that the USG can provide assistance in order to broaden and
deepen its engagement with this and the next Colombian government in an
effort to effectively confront and eliminate narcotrafficking. The
threats to U.S. vital national interests posed by a bar on assistance
outweigh the risks posed by Colombia's inadequate counternarcotics
performance.
Pakistan
Pakistan is a major producer and an important transit country for
opiates and cannabis destined for international markets. In 1997,
Pakistan produced approximately 85 metric tons (mts) of opium, an
estimated increase of 13.3% from 1996. Heroin and opium seizures
increased, but the overall record of law enforcement action continued to
be poor. Seizures of precursor chemicals improved substantially. The
Nawaz Sharif government, which took office in February 1997, voiced
greater concern about Pakistan's narcotics problems, although this has
not yet manifested itself in essential counternarcotics actions.
The 1997 counternarcotics efforts of the Government of Pakistan
(GOP) were seriously deficient. The two major accomplishments were
passage of the comprehensive drug control legislation and destruction of
heroin processing laboratories in Pakistan's Northwest Frontier
Province. One major arrest requested by the USG took place, but there
were no known trials of previously arrested drug kingpins and no
extraditions of the 23 individuals requested by the USG for narcotics-
related offenses. Opium and heroin seizures increased and acetic
anhydride seizures sharply increased, but the GOP did not interdict any
large opiate smuggling caravans on the well-traveled Baluchistan route
from Afghanistan into Iran.
The GOP made no progress in crop eradication. Poppy cultivation
increased 21% and opium production increased 13%, despite USG programs
and USG-assisted UNDCP programs which had made steady progress in de
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creasing production and poppy cultivation in the past five years. The
increase was primarily due to the GOP's failure to enforce the poppy ban
in Dir District, the site of highest opium poppy growth, despite
warnings from both UNDCP and the USG that the GOP must continue to press
tribal groups living in that district to eradicate illicit opium poppy.
The GOP also made no progress in demand reduction. There were no new
programs designed to control Pakistan's addict population, estimated to
be between 3 and 5 million. The GOP estimates the addict population
growth at 7% a year.
USG/GOP law enforcement cooperation was severely strained by the
arrest, torture, courtmartial and conviction of a DEA employee involved
in an operation which identified Pakistani Air Force Officers involved
in drug smuggling to the U.S. These steps were taken by elements of the
GOP with the full involvement of the country's Anti Narcotics Force
(ANF). Recently, the GOP reduced the DEA employee's prison sentence on
appeal. The Administration remains engaged with the GOP in seeking the
release of this employee from prison.
Pakistan is a party to the 1988 UN Drug Convention, which it
ratified in October 1991, but implementing legislation on money
laundering has not yet been drafted. While Pakistan's Control of
Narcotics Substances Act, passed in 1997, deals with drug-related money
laundering, Pakistan must still criminalize money laundering from non-
drug related offenses.
The USG/GOP bilateral agreement provides funding for law
enforcement, roads and crop substitution in the NWFP, and demand
reduction activities. The GOP made very little progress in meeting the
goals of the bilateral agreement and 1988 UN Drug Convention in 1997.
The continued detention of the DEA employee, despite repeated urgings at
the highest levels for his release, seriously complicates the
counternarcotics relationship. Because of this and because of the GOP's
poor counternarcotics law enforcement record and the substantial upsurge
in illicit poppy growth, Pakistan cannot be judged to have cooperated
fully with the USG or taken adequate steps on its own to meet the
requirements of the 1988 U.N. Drug Convention.
However, vital U.S. national interests would be damaged if Pakistan
were to be denied certification. Implementing sanctions would vitiate
the broader U.S. policy of high-level engagement, including strong
support for Prime Minister Sharif's commitment to hold a dialogue with
India as well as to strengthen democracy and reform the economy.
Helping the GOP to strengthen its economy and to move towards a more
liberal, broader-based market economy is one of the USG's major goals.
Yet, a number of new or potential initiatives would be halted or thrown
into question by denial of certification. This could include such
fundamental programs such as those funded by OPIC and EX-IM, PL 480
projects involving commodities other than food, and possibly the funding
of NGOs. Certification denial would also require the U.S. to vote
against Pakistan in multilateral development banks (``MDBs'') at a time
when Pakistan is vulnerable to a financial crisis. The combination of
such negative votes and removal of possible assistance could weaken
Pakistan's investment climate, increase its prospects for sliding into
financial insolvency and sharply inhibit our ability to help the GOP
modernize its economy.
In addition to this statutory basis for a vital national interests
certification, it should also be recognized that denial of certification
could jeop
[[Page 271]]
ardize broader interests between the U.S. and Pakistan, including the
ability to achieve meaningful progress with the GOP on such important
goals as nonproliferation and Afghanistan.
Accordingly, while it is not appropriate at this time to certify
Pakistan as either fully cooperating with the United States or taking
adequate steps on its own to combat drug production and trafficking, the
risks posed by inadequate counternarcotics performance are outweighed by
the risks posed to US vital national interests if U.S. assistance was no
longer available and the U.S. was required to vote against loans to
Pakistan in MDBs, thus justifying a vital national interests
certification.
Paraguay
A determination to decertify Paraguay would be justified in view of
its substantial lack of achievement in meeting its counternarcotics
goals in 1997. However, the vital national interests of the United
States require certification, so that the assistance, withheld pursuant
to provisions of the Foreign Assistance Act of 1961, can be provided.
Paraguay is a transit country for cocaine, primarily Bolivian, en
route to Argentina, Brazil, the United States, Europe and Africa, as
well as a source country for high-quality marijuana. Paraguay was fully
certified for 1996, after the Government of Paraguay (GOP) adopted a
national drug control strategy, promulgated an anti-money laundering
law, and increased its counternarcotics cooperation with the United
States and regional countries. Paraguay's counternarcotics goals for
1997 included investigating major cocaine traffickers, making
significant seizures and arrests, preventing the escape of arrested drug
traffickers, implementing the money laundering law and provisions of the
anti-drug law (Law 1340/88) aimed at punishing and preventing official
corruption, enacting legislation authorizing controlled deliveries and
undercover operations, as well as criminalizing drug-related conspiracy.
Unfortunately, Paraguay did not come close to meeting any of these
objectives. Responsibility for the failure to do so is shared by all
branches of the Paraguayan government. There were no successful
investigations of significant traffickers. Although cocaine seizures
showed a minimal increase over 1996, all involved minor traffickers. The
largest seizure was accompanied by the arrest of four suspects caught in
possession of over 21 kilos of cocaine. However, a criminal court judge
freed all four on what appear to be spurious grounds; this judge
received a minor disciplinary sanction and continues to serve in office.
Judicial corruption was also suspected in connection with Paraguay's
refusal to extradite a suspected narcotics trafficker to France. In that
case, a lawyer was recorded accepting an alleged bribe to pass on to an
appellate judge; the judge subsequently was removed from office for his
actions in yet another case.
Paraguay is a major money laundering center, but it is unclear what
portion is drug-related. The promulgation of the 1996 money laundering
law, and the creation of an anti-money laundering secretariat
(SEPRELAV), in January 1997, now provides the GOP with the legal tools
necessary to move against this criminal activity, but little has been
done so far to apply the
[[Page 272]]
law. SEPRELAV also has not been provided with a budget to enable it to
operate as an independent organization.
The Paraguayan Congress, controlled by the opposition parties, made
no progress on a major revision of the anti-drug law, which was
submitted by the GOP in 1995. The GOP did not submit new legislation to
authorize controlled deliveries, undercover operations or criminalize
drug-related conspiracy. It also failed to complete a precursor chemical
monitoring survey that was promised in 1996.
In part, these failures were due to the GOP's allowing itself to
become distracted by election-year politics, particularly by its
opposition to the presidential candidacy of former Army Commander, and
unsuccessful 1996 coup plotter, Lino Oviedo. The GOP and opposition
parties also demonstrated reduced political will to confront the
politically influential and economically powerful frontier commercial
and contraband interests during an election year.
The GOP, realizing its shortfalls on counternarcotics cooperation
and cognizant of the USG decision on certification, recently has
reaffirmed its political will to prioritize counternarcotics efforts,
including taking law enforcement action against significant narco-
traffickers, agreeing to negotiate a new bilateral extradition treaty
with the USG, and preparing a draft law to explicitly authorize
controlled deliveries. While positive steps, these measures have yet to
bear fruit; their possible fulfillment will have a bearing on next
year's certification decision, not this year's.
Denial of certification would, however, cut off assistance programs
designed to meet the priority US goal of strengthening Paraguay's
democratic institutions, at precisely the moment when those institutions
are being severely tested by the stress of hotly-contested presidential,
congressional and gubernatorial election campaigns. Denial of
certification at this time could have an unintended negative impact on
the ongoing election campaign. Denial of certification would also
jeopardize ongoing cooperation and assistance programs with the GOP
against other international crimes (smuggling, intellectual property
piracy, terrorism). Moreover, vital national interests certification
would help to promote the political will and positive action against
narcotics trafficking that we will seek from the next GOP.
The risks posed to all of these US interests (promoting democracy,
cooperation against other crimes and continued counter-terrorism
cooperation) by a cutoff of bilateral assistance outweigh the risks
posed by Paraguay's failure to cooperate fully with the USG, or to take
adequate steps to combat narcotics on its own.
STATEMENTS OF EXPLANATION
Afghanistan
Afghanistan continued as the world's second largest producer of
opium poppy, according to USG estimates. Land under poppy cultivation
and opium production rose 3 percent in 1997 according to US satellite
surveys. Continued warfare, destruction of the economic infrastructure
and the absence of a recognized central government with control over the
entire country remain obstacles to effective drug control.
[[Page 273]]
The inaction and lack of political will of the Taliban faction,
which controls 96 per cent of Afghanistan's opium-growing areas, as well
as substantial drug trade involvement on the part of some local Taliban
authorities impede meaningful counternarcotics progress as well. The
Taliban, formed by religious students, began its military campaign in
Afghanistan in 1994 and assumed effective control over two thirds of the
country in fall 1996. There is no evidence that the Taliban or any other
faction controlling Afghan territory took substantive law enforcement or
crop eradication action in 1997.
Although the Taliban condemned illicit drug cultivation, production,
trafficking and use in 1997, there is no evidence that Taliban
authorities took action to decrease poppy cultivation, arrest and
prosecute major narcotics traffickers, interdict large shipments of
illicit drugs or precursor chemicals or to eliminate opiate processing
laboratories anywhere in Afghanistan in 1997. Narcotics remain
Afghanistan's largest source of income, and some Taliban authorities
reportedly benefit financially from the trade and provide protection to
heroin laboratories. There are numerous reports of drug traffickers
operating in Taliban territory with the consent or involvement of some
Taliban officials. Taliban authorities called for international
alternative development assistance as a precondition to eradicating
opium poppy cultivation. Afghanistan is a party to the 1988 UN Drug
Convention.
In November 1997, the Taliban responded to a UNDCP initiative by
agreeing to eliminate poppy cultivation in districts where alternative
development was provided, to control poppy cultivation in areas where
poppy was not previously grown and to eliminate morphine and heroin
laboratories when these sites were brought to their attention. To date,
these commitments have not been tested.
The USG strongly supports the UN Secretary General's Special Envoy
for Afghanistan, Ambassador Lakhdar Brahimi, and the UN Special Mission
to Afghanistan in their efforts to promote a cease-fire, followed by
negotiations leading to a broad-based government that can address the
problems of narcotics, terrorism and humanitarian concerns. We assist
the peoples of Afghanistan, subject to resource availability, primarily
through UN programs aimed at humanitarian relief, reconstruction and
counternarcotics. In 1997, USG transferred $1.6 million in FY-95 and FY-
96 funds earmarked for UNDCP to help finance UNDCP's capacity building
project and poppy reduction projects in Afghanistan. The USG also
provided an initial $269,202 of a $772,905 poppy reduction/alternative
development project being implemented by an American non-governmental
organization (NGO), Mercy Corps International (MCI) in Helmand Province.
Since U.S. legislation makes special allowance for continuation of
such assistance generally, notwithstanding any other provision of law,
denying certification of Afghanistan would have minimal effect in terms
of implementation of this policy.
Continuation of large-scale opium cultivation and trafficking in
Afghanistan, plus the failure of the authorities to initiative law
enforcement actions, preclude a determination that Afghanistan has taken
adequate steps on its own or that it has sufficiently cooperated with
USG counternarcotics efforts to meet the goals and objectives of the UN
1988 Drug Convention,
[[Page 274]]
to which Afghanistan is a party. Accordingly, denial of certification is
appropriate.
Burma
Burma continues to be the world's largest source of illicit opium
and heroin. In 1997, production declined slightly from the previous
year's levels; estimates indicated there were 155,150 hectares under
cultivation, which could yield a maximum of 2,365 metric tons of opium.
On the law enforcement front, the Government of Burma (GOB) seized
more opium and heroin, and raided more laboratories than in the past.
These were welcome developments, but, given the extent of the problem,
they were insufficient to make noticeable inroads against drug
trafficking and production. Seizures of amphetamines and the precursor
chemical acetic anhydride declined. There were no arrests of major
traffickers. Drug lord Chang Qifu (Khun Sa), who ``surrendered'' to
Burmese authorities in 1996, was not brought to justice, and the GOB
continued to refuse to render him to the United States. The GOB did
return a U.S. fugitive to Thailand, which extradited him to the United
States.
Several ethnic groups declared that they would establish opium free
zones in their territories by the year 2000, and the GOB undertook some
eradication efforts as well. Establishment of opium free zones would
require considerable time and investment of resources. The Government of
Burma approved a United Nations Drug Control Program, a five-year
alternative development project in the ethnic Wa region; as the year
closed, UNDCP was making arrangements to initiate work.
Money laundering and the return of narcotics profits laundered
elsewhere appear to be a significant factor in the overall Burmese
economy. An underdeveloped banking system and lack of enforcement
against money laundering have created a business and investment
environment conducive to the use of drug-related proceeds in legitimate
commerce. The GOB has encouraged leading narcotics traffickers
systematically to invest in infrastructure and other domestic projects.
USG counternarcotics cooperation with the Burmese regime is
restricted to basic law enforcement operations and involves no bilateral
material or training assistance. The USG remains concerned over Burma's
commitment to effective counternarcotics measures, human rights, and
political reform. The USG is prepared to consider resuming appropriate
assistance contingent upon the GOB's unambiguous demonstration of a
strong commitment to counternarcotics, the rule of law, punishment of
traffickers and major trafficking organizations (including asset
forfeiture and seizure), anti-corruption, eradication of opium
cultivation, destruction of drug processing laboratories, and
enforcement of money laundering legislation.
[[Page 275]]
Iran
Iran has strengthened its counternarcotics performance during the
past year--particularly in the area of interdiction--but direct
information is limited because the United States has no diplomatic
presence in the country.
Iran's interdiction efforts are apparently vigorous, if partially
effective. Costly physical barriers and aggressive patrolling of its
eastern borders have led to Iranian claims of record narcotics seizures
of nearly 200 tons last year--and significant Iranian casualties as
well. But with an estimated 1,000 tons of opiates crossing the country
each year, Iran remains the major transit route for opiates from
Afghanistan and Pakistan to the West, although we do not have recent
data on the amount that may reach the United States. Punishment of
traffickers is harsh but drug trafficking continues on a large scale.
Cultivation of opium poppies continues in Iran, but the extent of
cultivation is difficult to ascertain conclusively. The 1993 United
States Government survey of opium cultivation in Iran estimated that
3,500 hectares were under cultivation. U.S. crop estimates were a major
factor in placing Iran on the majors' list of drug producing and transit
countries. Iran claims complete eradication of the opium poppy crop.
Recent statements by the Dublin Group that opium cultivation has
markedly decreased give at least partial credence to the Iranian claims,
but a new crop survey would help--and will be undertaken--to confirm
such eradication.
Iran has taken some steps to confront corruption among customs,
police and military personnel. Observers have noted several convictions
of corrupt officials but the corruption of low-level officials
continues; multi-ton shipments of opiates could not traverse Iran
without assistance from complicit law enforcement or military personnel.
There have been no recent, credible reports concerning high-level
complicity in narcotics trafficking and high-ranking officials of the
GOI have clearly stated Iran's official aversion to narcotics
trafficking.
Iran has ratified the 1988 UN Drug Convention, but the United States
Government and other observers remain unaware of implementing
legislation to bring Iran into full compliance with the Convention. A
1997 proposal approved by the Expediency Council appears to allow for
stronger drug laws and demand reduction programs, but the extent to
which the proposal helps Iran to comply with the Convention cannot be
predicted before the proposal is enacted as unforceable laws or
regulations. No bilateral narcotics agreement exists between Iran and
the United States.
Iran has recently stated, at the highest level, a desire to
cooperate in international counternarcotics programs. With the exception
of the Iran/Pakistan/UNDCP border interdiction program and a UNDCP
demand reduction survey, however, Iran does not yet participate in
important cooperative counternarcotics efforts. Such programs of
international cooperation would add significantly to external
understanding of Iran's narcotics problems and counter-narcotics
efforts.
[[Page 276]]
Nigeria
Nigeria is the hub of African narcotics trafficking and the
headquarters for global poly-crime organizations. Nigerian narcotics
traffickers operate worldwide networks that transport heroin from Asia
to Africa, the NIS and the United States, and cocaine from South America
to Europe, Africa and East Asia. Nigerian traffickers are responsible
for a significant portion of the heroin that is abused in the United
States. Marijuana is the only narcotic cultivated in Nigeria; large
quantities are exported to other African nations and to Europe, but have
little impact upon the United States.
The need to repatriate their criminal gains has motivated Nigerian
traffickers to develop a sophisticated and flexible money laundering
system capable of handling not only narcotics profits, but the ill-
gotten gains of Nigerian sponsored financial fraud as well. The
dislocations of Nigeria's economy have helped to engender a vast
informal commercial sector, immune to most regulation and well suited to
illegal activities.
The record of Nigerian law enforcement against the narcotics trade
is, at best, mixed. The one force capable of making headway against
narcotics, the Nigerian Drug Law Enforcement Agency (NDLEA), has been
handicapped by deficiencies in political and financial support. The
NDLEA arrests many couriers, but few organization leaders. NDLEA efforts
at Nigeria's international airports have led to increased seizures of
narcotics, and may be a factor contributing to traffickers's expansion
into bulk shipments and across borders into Nigeria's neighbors.
The Government of Nigeria has failed to react responsibly to the
ease with which criminals function in Nigeria. Appropriate criminal
narcotics and money-laundering legislation has been enacted, but remains
unenforced, with no evidence that prosecutions, convictions or asset
seizures have been made against any major criminal figures. Nigeria
failed to provide consistent policy advice to its law enforcement
organs, lacked the political will to attack pervasive corruption, and
again neglected to provide sufficient material support for even the most
basic operations of its law enforcement agencies.
Nigeria again failed to meet its obligations to the United States
and other nations with regard to extraditions and other forms of
counter-narcotics cooperation. Even direct promises of action have
remained unredeemed. A December, 1996, United States mission to Nigeria
received the Government of Nigeria's assurance that extraditions of
criminals to the United States could resume immediately. No action has
been taken on extraditions over one year later.
Notice of March 4, 1998
Continuation of Iran Emergency
On March 15, 1995, by Executive Order 12957, I declared a national
emergency with respect to Iran pursuant to the International Emergency
Economic Powers Act (50 U.S.C. 1701-1706) to deal with the threat to the
national security, foreign policy, and economy of the United States
constituted by the actions and policies of the Government of Iran,
including
[[Page 277]]
its support for international terrorism, efforts to undermine the Middle
East peace process, and acquisition of weapons of mass destruction and
the means to deliver them. On May 6, 1995, I issued Executive Order
12959 imposing more comprehensive sanctions to further respond to this
threat, and on August 19, 1997, I issued Executive Order 13059
consolidating and clarifying these previous orders.
Because the actions and policies of the Government of Iran continue to
threaten the national security, foreign policy, and economy of the
United States, the national emergency declared on March 15, 1995, must
continue in effect beyond March 15, 1998. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing the national emergency with respect to Iran. Because the
emergency declared by Executive Order 12957 constitutes an emergency
separate from that declared on November 14, 1979, by Executive Order
12170, this renewal is distinct from the emergency renewal of October
1997. This notice shall be published in the Federal Register and
transmitted to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
March 4, 1998.
Presidential Determination No. 98-16 of March 4, 1998
Vietnamese Cooperation in Accounting for United States Prisoners of War
and Missing in Action (POW/MIA)
Memorandum for the Secretary of State
As provided under section 609 of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1998,
Public Law 105-119, I hereby determine, based on all information
available to the United States Government, that the Government of the
Socialist Republic of Vietnam is fully cooperating in good faith with
the United States in the following four areas related to achieving the
fullest possible accounting for Americans unaccounted for as a result of
the Vietnam War:
(1) resolving discrepancy cases, live sightings, and field
activities;
(2) recovering and repatriating American remains;
(3) accelerating efforts to provide documents that will help lead to
the fullest possible accounting of POW/MIAs; and
(4) providing further assistance in implementing trilateral
investigations with Laos.
I further determine that the appropriate laboratories associated with
POW/MIA accounting are thoroughly analyzing remains, material, and other
information, and fulfilling their responsibilities as set forth in
subsection (B) of section 609, and information pertaining to this
accounting is being made available to immediate family members in
compliance with 50 U.S.C. 435 note.
I have been advised by the Department of Justice and believe that
section 609 is unconstitutional because it purports to use a condition
on appropria
[[Page 278]]
tions as a means to direct my execution of responsibilities that the
Constitution commits exclusively to the President. I am providing this
determination as a matter of comity, while reserving the position that
the condition enacted in section 609 is unconstitutional.
In making this determination I have taken into account all information
available to the United States Government as reported to me, the full
range of ongoing accounting activities in Vietnam, including joint and
unilateral Vietnamese efforts, and the concrete results we have attained
as a result.
Finally, in making this determination, I wish to reaffirm my continuing
personal commitment to the entire POW/MIA community, especially to the
immediate families, relatives, friends, and supporters of these brave
individuals, and to reconfirm that the central, guiding principle of my
Vietnam policy is to achieve the fullest possible accounting of our
prisoners of war and missing in action.
You are authorized and directed to report this determination to the
appropriate committees of the Congress and to publish it in the Federal
Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, March 4, 1998.
Memorandum of March 5, 1998
Delegation of Authority With Respect to Reporting Obligations Regarding
Counterterrorism and Antiterrorism Programs and Activities
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me by the Constitution and laws of the United
States of America, including section 301 of title 3 of the United States
Code, and section 1051(b) of the National Defense Authorization Act for
Fiscal Year 1998 (Public Law 105-85), I hereby delegate to you the
reporting function vested in me by section 1051(b) of that Act.
You are authorized and directed to publish this memorandum in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, March 5, 1998.
[[Page 279]]
Presidential Determination No. 98-17 of March 9, 1998
Presidential Determination on Section 402(c)(2)(A) of the Trade Act of
1974--Vietnam
Memorandum for the Secretary of State
Pursuant to section 402(c)(2)(A) of the Trade Act of 1974 (Public Law
93-618, January 3, 1975; 88 Stat. 1978, 19 U.S.C. 2432(c)(2)(A)) as
amended (the ``Act''), I determine that a waiver by Executive order of
the application of subsections (a) and (b) of section 402 of the Act
with respect to Vietnam will substantially promote the objectives of
section 402.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, March 9, 1998.
Presidential Determination No. 98-18 of March 9, 1998
Presidential Determination Under Subsection 2(b)(2)(D) of the Export-
Import Bank Act of 1945, as Amended--Vietnam
Memorandum for the Secretary of State
Pursuant to subsection 2(b)(2)(D) of the Export-Import Bank Act of 1945,
as amended, I determine that it is in the national interest for the
Export-Import Bank of the United States to guarantee, insure, extend
credit, and participate in the extension of credit in connection with
the purchase or lease of any product or service by, for use in, or for
sale or lease to Vietnam.
You are authorized and directed to report this determination to the
Congress and publish it in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, March 9, 1998.
Presidential Determination No. 98-19 of March 13, 1998
Military Drawdown for Jordan
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by the laws and Constitution of
the United States, including Title III (Military Assistance) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998 (Public Law 105-118) (``Title III''), I hereby
direct the drawdown of defense articles from the stocks of the
Department of Defense, defense services of
[[Page 280]]
the Department of Defense, and military education and training of an
aggregate value of $25,000,000 under the authority of the fifth proviso
under the heading ``Foreign Military Financing Program'' in Title III
for Jordan for the purposes of part II of the Foreign Assistance Act of
1961.
The Secretary of State is authorized and directed to report this
determination to the Congress and to publish it in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, March 13, 1998.
Presidential Determination No. 98-20 of April 3, 1998
Use of Nonproliferation, Anti-Terrorism, Demining and Related Programs
Account Funds for the U.S. Contribution to the Korean Peninsula Energy
Development Organization (KEDO)
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 614(a)(1) of the
Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2364(a)(1), I
hereby determine that it is important to the security interests of the
United States to furnish up to $30 million in funds made available under
the heading ``Nonproliferation, Anti-Terrorism, Demining and Related
Programs'' in title II of the Foreign Operations, Export Financing, and
Related Programs Appropriation Act, 1998 (Public Law 105-118) for the
United States contribution to the Korean Peninsula Energy Development
Organization without regard to any provision of law within the scope of
section 614(a)(1). I hereby authorize the furnishing of such assistance.
You are hereby authorized and directed to transmit this determination to
the Congress and to arrange for its publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, April 3, 1998.
Presidential Determination No. 98-21 of April 28, 1998
Presidential Determination on the Proposed Agreement for Cooperation
Between the United States of America and Ukraine Concerning Peaceful
Uses of Nuclear Energy
Memorandum for the Secretary of State [and] the Secretary of Energy
I have considered the proposed Agreement for Cooperation Between the
United States of America and Ukraine Concerning Peaceful Uses of Nuclear
Energy, along with the views, recommendations, and statements of the
interested agencies.
[[Page 281]]
I have determined that the performance of the agreement will promote,
and will not constitute an unreasonable risk to, the common defense and
security. Pursuant to section 123b. of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2153(b)), I hereby approve the proposed agreement and
authorize you to arrange for its execution.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, April 28, 1998.
Presidential Determination No. 98-22 of May 13, 1998
Sanctions Against India for Detonation of a Nuclear Explosive Device
Memorandum for the Secretary of State
In accordance with section 102(b)(1) of the Arms Export Control Act, I
hereby determine that India, a non-nuclear-weapon state, detonated a
nuclear explosive device on May 11, 1998. The relevant agencies and
instrumentalities of the United States Government are hereby directed to
take the necessary actions to impose the sanctions described in section
102(b)(2) of that Act.
You are hereby authorized and directed to transmit this determination to
the appropriate committees of the Congress and to arrange for its
publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, May 13, 1998.
Notice of May 18, 1998
Continuation of Emergency With Respect to Burma
On May 20, 1997, I issued Executive Order 13047, effective at 12:01 a.m.
eastern daylight time on May 21, 1997, certifying to the Congress under
section 570(b) of the Foreign Operations, Export Financing, and Related
Programs Appropriations Act, 1997 (Public Law 104-208), that the
Government of Burma has committed large-scale repression of the
democratic opposition in Burma after September 30, 1996, thereby
invoking the prohibition on new investment in Burma by United States
persons, contained in that section. I also declared a national emergency
to deal with the threat posed to the national security and foreign
policy of the United States by the actions and policies of the
Government of Burma, invoking the authority, inter alia, of the
International emergency Economic Powers Act (50 U.S.C. 1701-1706).
[[Page 282]]
The national emergency declared on May 20, 1997, must continue beyond
May 20, 1998, as long as the Government of Burma continues its policies
of committing large-scale repression of the democratic opposition in
Burma. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national
emergency with respect to Burma. This notice shall be published in the
Federal Register and transmitted to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 18, 1998.
Presidential Determination No. 98-23 of May 23, 1998
Assistance Program for the Government of the Russian Federation
Memorandum for the Secretary of State
Pursuant to section 577(a) of the Foreign Operations, Export Financing,
and Related Programs Appropriations Act, 1998 (Public Law 105-118), I
hereby determine and certify that the Government of the Russian
Federation has implemented no statute, executive order, regulation, or
similar government action that would discriminate, or would have as its
principal effect discrimination, against religious groups or religious
communities in the Russian Federation in violation of accepted
international agreements on human rights and religious freedoms to which
the Russian Federation is a party. During the period under review, the
Government of Russia has applied the new Russian Law on Religion in a
manner that is not in conflict with its international obligations on
religious freedom. However, this issue requires continued and close
monitoring as the Law on Religion furnishes regional officials with an
instrument that can be interpreted and used to restrict the activities
of religious minorities.
You are authorized and directed to notify the Congress of this
determination and to arrange for its publication in the Federal
Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, May 23, 1998.
Memorandum of Justification Regarding Determination Under Section 577(a)
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998 (Public Law 105-118)
Summary: During the period under review, the Government of Russia has
applied the new Law on Religion in a manner that is not in conflict with
its international obligations on religious freedom. To the extent that
violations of internationally recognized rights have occurred, they have
been the consequence of actions taken by regional or local officials and
do not appear to be a manifestation of federal government policy.
[[Page 283]]
At the same time, the Law on Religion furnishes regional officials with
an instrument that can be interpreted and used to restrict the
activities of religious minorities. Thus, this issue requires continued
and close monitoring.
1. The New Law on Religion: On October 1, 1997, the Russian Federation
enacted a restrictive and potentially discriminatory law ``On Freedom of
Conscience and Religious Associations'' (Law on Religion). The new law
is complex, with many ambiguous and contradictory provisions.
The law accords more favorable legal status and privileges to religions
that have been present in Russia for an extended period of time. New
religious associations must wait 15 years before acquiring all of the
rights of a juridical person, such as the right to own property and open
a bank account, as well as the right to engage in a range of religious
activities. Article 27(3) of the law is also controversial because it
applies certain aspects of the 15-year rule to religious organizations
that enjoyed full legal status under prior legislation. Portions of the
law appear inconsistent with Russia's constitution and civil code as
well as its international commitments. Some Russian officials had
indicated that the implementing regulations would clarify ambiguities,
but the regulations share the ambiguities of the law.
2. Key Concern: Through its acceptance and accession to international
human rights instruments, the Government of Russia has committed itself
to respecting freedom of association and assembly and, more
specifically, freedom of thought, conscience and religion, including
freedom to change religion or belief and freedom to manifest religion or
belief in worship, teaching, practice and observance. The Law on
Religion is of great concern because it could be applied to restrict the
ability of communities of believers to establish organizations with full
legal rights.
3. Application: Over the past year, Russian government officials,
including President Yeltsin and then-Prime Minister Chernomyrdin,
pledged to Vice President Gore that the new law would not result in any
erosion of religious freedom in Russia. Officials in the Presidential
Administration and the Cabinet of Ministers have echoed and clarified
Yeltsin's promises. In particular, the Ministry of Justice has adopted a
permissive approach to registering religious organizations with full
legal rights, effectively bypassing elements of the 15-year rule. In
addition, Presidential Administration officials have announced the
establishment of two consultative mechanisms to facilitate government
interaction with religious communities and to monitor application of the
new law.
The Presidential Administration and the Ministry of Justice have also
promised to support efforts now underway by nongovernmental
organizations to challenge the constitutionality of the law's
retroactive provisions (article 27(3)) before the Constitutional Court.
Officials in these organs have indicated their view that article 27(3)
violates Russia's constitution.
Despite the federal government's efforts, however, a number of regional
officials continue to violate rights of minority religious
organizations, in some cases citing the new federal law. Based on
anecdotal, limited information we have to date, we are aware of about 25
cases of harassment between the date of enactment of the Law on Religion
and early May 1998.
4. Evaluation: Local and regional abuses of religious rights raise
serious concerns, especially if the new law is being used by some
officials to justify such actions. At the same time, reported incidents
represent a rel
[[Page 284]]
atively small number of problems when viewed against the size of the
country and complexity of political and social changes underway.
Moreover, we have no evidence to suggest that these local actions result
from a deliberate policy of the federal government. Finally, these
incidents are, unfortunately, consistent with a pattern of local and
regional harassment and restrictions on minority religious communities
that was clearly discernible prior to passage of the law.
Regional and local abuses reflect a larger problem in Russia--which is
also evidenced in matters ranging from tax collection to elections to
law enforcement--of the center exercising weak control over events
throughout the regions. We believe local officials have taken advantage
of a poorly developed legal tradition and weak oversight to advance
intolerant ideas at odds with Russia's constitution and the flexible and
fair interpretation of the Law on Religion articulated by the central
authorities.
Nevertheless, it remains to be seen how the Law on Religion's
restrictions will be interpreted in the longer run, and whether the
federal government will respond appropriately over time to cases in
which local officials apply the law in a manner at odds with Russia's
international commitments. Given the political commitments made and
constitutional positions taken by the central government, the fact that
the implementing regulations are only now making their way to regional
officials and the fact that federal officials are only now establishing
mechanisms for addressing differences in interpretation, we believe that
the relatively small number of local incidents does not require a
finding that the ``Government of the Russian Federation'' has
implemented discriminatory measures. Similarly, we believe it would be
premature to conclude that the law's restrictions, as implemented,
constitute violations of Russia's international obligations.
5. U.S. Engagement: Freedom of conscience has been a central element of
the U.S. bilateral agenda with Moscow since the early 1970's, and the
Law on Religion has been the subject of numerous high-level
communications between the Administration and the Russian Government,
involving the President, the Vice President, Secretary Albright, and
other senior U.S. officials.
The Department of State and the U.S. Embassy in Moscow will continue to
maintain close contact with religious communities and NGOs to assess the
effects of the new law and solicit views on appropriate responses. In
addition, we will continue to make clear to the Russian Government the
requirements of Section 577(a) of the Foreign Operations Appropriations
Act for FY 1998 and urge that the federal authorities both reverse
discriminatory actions taken at the local level and, when necessary,
reprimand the officials at fault. We will also encourage federal action
to ensure that regional laws do not contradict Russia's constitutional
and international guarantees of religious freedom, and continue to make
clear our view that the federal law should ultimately be changed so it
cannot be used to justify curtailing religious freedom in Russia.
[[Page 285]]
Notice of May 28, 1998
Continuation of Emergency With Respect to the Federal Republic of
Yugoslavia (Serbia and Montenegro) and the Bosnian Serbs
On May 30, 1992, by Executive Order 12808, President Bush declared a
national emergency to deal with the unusual and extraordinary threat to
the national security, foreign policy, and economy of the United States
constituted by the actions and policies of the Governments of Serbia and
Montenegro, blocking all property and interests in property of those
Governments. President Bush took additional measures to prohibit trade
and other transactions with the Federal Republic of Yugoslavia (Serbia
and Montenegro) by Executive Order 12810 and 12831, issued on June 5,
1992, and January 15, 1993, respectively. On April 25, 1993, I issued
Executive Order 12846, blocking the property and interests in property
of all commercial, industrial, or public utility undertakings or
entities organized or located in the Federal Republic of Yugoslavia
(Serbia and Montenegro), and prohibiting trade-related transactions by
United States persons involving those areas of Bosnia and Herzegovina
controlled by Bosnian Serb forces and the United Nations Protected Areas
in the Republic of Croatia. On October 25, 1994, because of the actions
and policies of the Bosnian Serbs, I expanded the scope of the national
emergency by issuing Executive Order 12934 to block the property of the
Bosnian Serb forces and the authorities in the territory that they
control within Bosnia and Herzegovina, as well as the property of any
entity organized or located in, or controlled by any person in, or
resident in, those areas.
On December 27, 1995, I issued Presidential Determination No. 96-7,
directing the Secretary of the Treasury, inter alia, to suspend the
application of sanctions imposed on the Federal Republic of Yugoslavia
(Serbia and Montenegro) pursuant to the above-referenced Executive
orders and to continue to block property previously blocked until
provision is made to address claims or encumbrances, including the
claims of the other successor states of the former Yugoslavia. This
sanctions relief, in conformity with United Nations Security Council
Resolution 1022 of November 22, 1995 (hereinafter the ``Resolution''),
was an essential factor motivating Serbia and Montenegro's acceptance of
the General Framework Agreement for Peace in Bosnia and Herzegovina
initialed by the parties in Dayton on November 21, 1995, and signed in
Paris on December 14, 1995 (hereinafter the ``Peace Agreement''). The
sanctions imposed on the Federal Republic of Yugoslavia (Serbia and
Montenegro) were accordingly suspended prospectively, effective January
16, 1996. Sanctions imposed on the Bosnian Serb forces and authorities
and on the territory that they control within Bosnia and Herzegovina
were subsequently suspended prospectively, effective May 10, 1996, also
in conformity with the Peace Agreement and the Resolution. Sanctions
against both the Federal Republic of Yugoslavia (Serbia and Montenegro)
and the Bosnian Serbs were subsequently terminated by United Nations
Security Council Resolution 1074 of October 1, 1996. This termination,
however, did not end the requirement of the Resolution that blocked
funds and assets that are subject to claims and encumbrances remain
blocked, until unblocked in accordance with applicable law.
[[Page 286]]
In the last year, further substantial progress has been achieved to
bring about a settlement of the conflict in the former Yugoslavia
acceptable to the parties. Another set of elections occurred in Bosnia
and Herzegovina, as provided for in the Peace Agreement, and the Bosnian
Serb forces have continued to respect the zones of separation as
provided in the Peace Agreement. The ultimate disposition of the various
remaining categories of blocked assets is being addressed on a case-by-
case basis.
Until the status of all remaining blocked property is resolved, the
Peace Agreement implemented, and the terms of the Resolution met, the
national emergency declared on May 30, 1992, as expanded in scope on
October 25, 1994, and the measures adopted pursuant thereto to deal with
that emergency must continue beyond May 30, 1998.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing the national emergency with
respect to the Federal Republic of Yugoslavia (Serbia and Montenegro)
and the Bosnian Serb forces and those areas of Bosnia and Herzegovina
under the control of the Bosnian Serb forces. This notice shall be
published in the Federal Register and transmitted to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 28, 1998.
Presidential Determination No. 98-24 of May 29, 1998
Determination Pursuant to Section 2(c)(1) of the Migration and Refugee
Assistance Act of 1962, as Amended
Memorandum for the Secretary of State
Pursuant to section 2(c)(1) of the Migration and Refugee Assistance Act
of 1962, as amended, 22 U.S.C. 2601(c)(1), I hereby determine that it is
important to the national interest that up to $37,000,000 be made
available from the United States Emergency Refugee and Migration
Assistance Fund to meet the urgent and unexpected needs of refugees,
victims of conflict, and other persons at risk in Africa and Southeast
Asia. These funds may be used, as appropriate, to provide contributions
to international and nongovernmental agencies.
You are authorized and directed to inform the appropriate committees of
the Congress of this determination and the obligation of funds under
this authority and to publish this memorandum in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, May 29, 1998.
[[Page 287]]
Memorandum of May 30, 1998
Action Under Section 203 of the Trade Act of 1974 Concerning Wheat
Gluten
Memorandum for the Secretary of the Treasury[,] the Secretary of
Agriculture[, and] the United States Trade Representative
On March 18, 1998, the United States International Trade Commission
(USITC) submitted to me a report that contained: (1) a determination
pursuant to section 202 of the Trade Act of 1974 (19 U.S.C. 2252) (the
``Trade Act'') that imports of wheat gluten are being imported into the
United States in such increased quantities as to be a substantial cause
of serious injury to the domestic industry; and (2) negative findings
made pursuant to section 311(a) of the North American Free Trade
Agreement Implementation Act (the ``NAFTA Implementation Act'') (19
U.S.C. 3371(a)) with respect to imports of wheat gluten from Canada and
Mexico.
After considering all relevant aspects of the investigation, including
the factors set forth in section 203(a)(2) of the Trade Act (19 U.S.C.
2253), I have implemented actions of a type described in section
203(a)(3). Specifically, I have determined that the most appropriate
action is a quantitative limitation on imports of wheat gluten. I have
proclaimed such action for a period of approximately 3 years in order to
provide time for the domestic industry to implement an adjustment plan
that will facilitate its positive adjustment to import competition. I
have set the quantitative limitation at an amount equal to 126.812
million pounds in the first year, an amount which represents total
average imports in the crop years ending June 30, 1993, through June 30,
1995. This amount will increase by six percent annually for the duration
of the relief period. I believe that this amount is the relief necessary
to remedy the serious injury and to promote positive adjustment. The
quota is allocated based on average import shares in the period covered
by the crop years ending June 30, 1993, through June 30, 1995. Shares of
countries excluded from the quota are assigned on a pro rata basis to
countries subject to the quota. To ensure that the quota is
substantially filled, I have authorized the United States Trade
Representative to reallocate any significant unused quota allocations. I
considered taking other forms of action, such as increasing tariffs on
imports of wheat gluten, and have determined that action in such forms
would not, in light of the nature of trade in wheat gluten, meet the
goals of remedying serious injury and facilitating industry adjustment.
I agree with the USITC's findings under section 311(a) of the NAFTA
Implementation Act, and therefore determine, pursuant to section 312(a)
of the NAFTA Implementation Act, that imports of wheat gluten produced
in Canada do not contribute importantly to the serious injury caused by
imports and that imports of wheat gluten produced in Mexico do not
account for a substantial share of total imports of such wheat gluten.
Therefore, pursuant to section 312(b) of the NAFTA Implementation Act,
the quantitative limitation will not apply to imports of wheat gluten
from Canada or Mexico. Similarly, the limitation will not apply to
imports of wheat gluten from Israel, and beneficiary countries under the
Caribbean Basin Economic Recovery Act (CBERA) and the Andean Trade
Preference Act (ATPA), in light of the USITC's statement that its
recommendation does not apply to im
[[Page 288]]
ports from those countries. Moreover, other developing countries that
have accounted for a minor share of wheat gluten imports are excluded
from the quantitative limitation.
As an additional means of arriving at a long-term solution to this trade
issue, I have directed the United States Trade Representative, with the
assistance of the Secretary of Agriculture, to seek to initiate
international negotiations to address the underlying cause of the
increase in imports of the article or otherwise to alleviate the injury
found to exist.
I have determined that the actions described above will facilitate
efforts by the domestic industry to make a positive adjustment to import
competition and provide greater economic and social benefits than costs.
This action provides the domestic industry with necessary temporary
relief from increased import competition, while also assuring our
trading partners significant continued access to the United States
market.
I also note that, pursuant to section 204 of the Trade Act, the USITC
will monitor developments with respect to the domestic industry,
including progress and specific efforts made by workers and firms in the
domestic industry to make a positive adjustment to import competition,
and will provide to me and to the Congress a report of its monitoring no
later than the date that is the midpoint of the period the action is in
effect.
The United States Trade Representative is authorized and directed to
publish this determination in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, May 30, 1998.
Presidential Determination No. 98-25 of May 30, 1998
Sanctions Against Pakistan for Detonation of a Nuclear Explosive Device
Memorandum for the Secretary of State
In accordance with section 102(b)(1) of the Arms Export Control Act, I
hereby determine that Pakistan, a non-nuclear-weapon state, detonated a
nuclear explosive device on May 28, 1998. The relevant agencies and
instrumentalities of the United States Government are hereby directed to
take the necessary actions to impose the sanctions described in section
102(b)(2) of that Act.
You are hereby authorized and directed to transmit this determination to
the appropriate committees of the Congress and to arrange for its
publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, May 30, 1998.
[[Page 289]]
Memorandum of June 1, 1998
Plain Language in Government Writing
Memorandum for the Heads of Executive Departments and Agencies
The Vice President and I have made reinventing the Federal Government a
top priority of my Administration. We are determined to make the
Government more responsive, accessible, and understandable in its
communications with the public.
The Federal Government's writing must be in plain language. By using
plain language, we send a clear message about what the Government is
doing, what it requires, and what services it offers. Plain language
saves the Government and the private sector time, effort, and money.
Plain language requirements vary from one document to another, depending
on the intended audience. Plain language documents have logical
organization, easy-to-read design features, and use:
common, everyday words, except for necessary technical
terms;
``you'' and other pronouns;
the active voice; and
short sentences.
To ensure the use of plain language, I direct you to do the following:
By October 1, 1998, use plain language in all new
documents, other than regulations, that explain how to obtain a
benefit or service or how to comply with a requirement you
administer or enforce. For example, these documents may include
letters, forms, notices, and instructions. By January 1, 2002,
all such documents created prior to October 1, 1998, must also
be in plain language.
By January 1, 1999, use plain language in all proposed and
final rulemaking documents published in the Federal Register,
unless you proposed the rule before that date. You should
consider rewriting existing regulations in plain language when
you have the opportunity and resources to do so.
The National Partnership for Reinventing Government will issue guidance
to help you comply with these directives and to explain more fully the
elements of plain language. You should also use customer feedback and
common sense to guide your plain language efforts.
I ask the independent agencies to comply with these directives.
This memorandum does not confer any right or benefit enforceable by law
against the United States or its representatives. The Director of the
Office of Management and Budget will publish this memorandum in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, June 1, 1998.
[[Page 290]]
Presidential Determination No. 98-26 of June 3, 1998
Determination Under Section 402(d)(1) of the Trade Act of 1974, as
Amended--Continuation of Waiver Authority
Memorandum for the Secretary of State
Pursuant to the authority vested in me under the Trade Act of 1974, as
amended, Public Law 93-618, 88 Stat. 1978 (hereinafter ``the Act''), I
determine, pursuant to section 402(d)(1) of the Act, 19 U.S.C.
2432(d)(1), that the further extension of the waiver authority granted
by section 402 of the Act will substantially promote the objectives of
section 402 of the Act. I further determine that continuation of the
waiver applicable to the People's Republic of China will substantially
promote the objectives of section 402 of the Act.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, June 3, 1998.
Presidential Determination No. 98-27 of June 3, 1998
Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as
Amended--Continuation of Waiver Authority
Memorandum for the Secretary of State
Pursuant to the authority vested in me under the Trade Act of 1974, as
amended, Public Law 93-618, 88 Stat. 1978 (hereinafter the ``Act''), I
determine, pursuant to section 402(d)(1) of the Act, 19 U.S.C.
2432(d)(1), that the further extension of the waiver authority granted
by section 402 of the Act will substantially promote the objectives of
section 402 of the Act. I further determine that continuation of the
waiver applicable to Vietnam will substantially promote the objectives
of section 402 of the Act.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, June 3, 1998.
[[Page 291]]
Presidential Determination No. 98-28 of June 3, 1998
Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as
Amended--Continuation of Waiver Authority
Memorandum for the Secretary of State
Pursuant to the authority vested in me under the Trade Act of 1974, as
amended, Public Law 93-618, 88 Stat. 1978 (hereinafter the ``Act''), I
determine, pursuant to subsection 402(d)(1) of the Act, 19 U.S.C.
2432(d)(1), that the further extension of the waiver authority granted
by section 402 of the Act will substantially promote the objectives of
section 402 of the Act. I further determine that continuation of the
waiver applicable to the Republic of Belarus will substantially promote
the objectives of section 402 of the Act.
You are authorized and directed to publish this determination in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, June 3, 1998.
Presidential Determination No. 98-29 of June 3, 1998
Waiver and Certification of Statutory Provisions Regarding the Palestine
Liberation Organization
Memorandum for the Secretary of State
Pursuant to the authority vested in me under section 539(d) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1998, Public Law 105-118, I hereby determine and
certify that it is important to the national security interests of the
United States to waive the provisions of section 1003 of the Anti-
Terrorism Act of 1987, Public Law 100-204, through November 26, 1998.
You are authorized and directed to transmit this determination to the
Congress and to publish it in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, June 3, 1998.
[[Page 292]]
Presidential Determination No. 98-30 of June 15, 1998
Report to Congress Regarding Conditions in Burma and U.S. Policy Toward
Burma
Memorandum for the Secretary of State
Pursuant to the requirements set forth under the heading ``Policy Toward
Burma'' in section 570(d) of the FY 1997 Foreign Operations
Appropriations Act, as contained in the Omnibus Consolidated
Appropriations Act (Public Law 104-208), a report is required every 6
months following enactment concerning:
1) progress towards democratization in Burma;
2) progress on improving the quality of life of the Burmese people,
including progress on market reforms, living standards, labor
standards, use of forced labor in the tourism industry, and
environmental quality; and
3) progress made in developing a comprehensive multilateral strategy
to bring democracy to and improve human rights practices and the
quality of life in Burma, including the development of a
dialogue between the State Peace and Development Council (SPDC)
and democratic opposition groups in Burma.
You are hereby authorized and directed to transmit the attached report
fulfilling this requirement to the appropriate committees of the
Congress and to arrange for publication of this memorandum in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, June 15, 1998.
Presidential Determination No. 98-31 of June 19, 1998
Presidential Determination on U.S. Assistance to the Korean Peninsula
Energy Development Organization (KEDO)
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 614(a)(1) of the
Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2364(a)(1) (the
``Act''), I hereby determine that it is important to the security
interests of the United States to furnish up to $5 million in funds made
available under Chapter IV, Part II of the Act for a U.S. contribution
to KEDO without regard to any provision of law within the scope of
section 614(a)(1). I hereby authorize this contribution.
You are hereby authorized and directed to transmit this determination to
the Congress and to arrange for its publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, June 19, 1998.
[[Page 293]]
Memorandum of July 8, 1998
Delegation of Authority Under Section 1406(b) of the National Defense
Authorization Act for Fiscal Year 1998
Memorandum for the Secretary of Defense
By the authority vested in me by the Constitution and the laws of the
United States of America, including section 301 of title 3 of the United
States Code, I hereby delegate to the Secretary of Defense the functions
conferred upon the President by section 1406(b) of the National Defense
Authorization Act for Fiscal Year 1998 (Public Law 105-85).
The authority delegated by this memorandum may be redelegated not lower
than the Under Secretary level.
You are authorized and directed to publish this memorandum in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, July 8, 1998.
Presidential Determination No. 98-33 of July 15, 1998
Presidential Determination on the Proposed Agreement for Cooperation
Between the Government of the United States of America and the
Government of Romania Concerning Peaceful Uses of Nuclear Energy
Memorandum for the Secretary of State, [and] the Secretary of Energy
I have considered the proposed Agreement for Cooperation Between the
Government of the United States of America and the Government of Romania
Concerning Peaceful Uses of Nuclear Energy, along with the views,
recommendations, and statements of the interested agencies.
I have determined that the performance of the agreement will promote,
and will not constitute an unreasonable risk to, the common defense and
security. Pursuant to section 123b. of the Atomic Energy Act of 1954, as
amended (42 U.S.C. 2153(b)), I hereby approve the proposed agreement and
authorize you to arrange for its execution.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, July 15, 1998.
[[Page 294]]
Notice of July 28, 1998
Continuation of Iraqi Emergency
On August 2, 1990, by Executive Order 12722, President Bush declared a
national emergency to deal with the unusual and extraordinary threat to
the national security and foreign policy of the United States
constituted by the actions and policies of the Government of Iraq. By
Executive Orders 12722 of August 2, 1990, and 12724 of August 9, 1990,
the President imposed trade sanctions on Iraq and blocked Iraqi
government assets. Because the Government of Iraq has continued its
activities hostile to United States interests in the Middle East, the
national emergency declared on August 2, 1990, and the measures adopted
on August 2 and August 9, 1990, to deal with that emergency must
continue in effect beyond August 2, 1998. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing the national emergency with respect to Iraq.
This notice shall be published in the Federal Register and transmitted
to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
July 28, 1998.
Notice of August 13, 1998
Continuation of Emergency Regarding Export Control Regulations
On August 19, 1994, consistent with the authority provided me under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), I
issued Executive Order 12924. In that order, I declared a national
emergency with respect to the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States in
light of the expiration of the Export Administration Act of 1979, as
amended (50 U.S.C. App. 2401 et seq.). Because the Export Administration
Act has not been renewed by the Congress, the national emergency
declared on August 19, 1994, must continue in effect beyond August 19,
1998. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national
emergency declared in Executive Order 12924.
This notice shall be published in the Federal Register and transmitted
to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
August 13, 1998.
[[Page 295]]
Presidential Determination No. 98-34 of September 9, 1998
Determination Pursuant to Section 2(c)(1) of the Migration and Refugee
Assistance Act of 1962, as Amended
Memorandum for the Secretary of State
Pursuant to section 2(c)(1) of the Migration and Refugee Assistance Act
of 1962, as amended, 22 U.S.C. 2601(c)(1), I hereby determine that it is
important to the national interest that up to $20,000,000 be made
available from the U.S. Emergency Refugee and Migration Assistance Fund
to meet the urgent and unexpected needs of refugees, displaced persons,
conflict victims, and other persons at risk due to the Kosovo crisis.
These funds may be used, as appropriate, to provide contributions to
international and nongovernmental organizations.
You are authorized and directed to inform the appropriate committees of
the Congress of this determination and the obligation of funds under
this authority and to publish it in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, September 9, 1998.
Presidential Determination No. 98-35 of September 11, 1998
Extension of the Exercise of Certain Authorities Under the Trading With
the Enemy Act
Memorandum for the Secretary of State [and] the Secretary of the
Treasury
Under section 101(b) of Public Law 95-223 (91 Stat. 1625; 50 U.S.C. App.
5(b) note), and a previous determination made by me on September 12,
1997 (62 Fed. Reg. 49729), the exercise of certain authorities under the
Trading With the Enemy Act is scheduled to terminate on September 14,
1998.
I hereby determine that the extension for 1 year of the exercise of
those authorities with respect to the applicable countries is in the
national interest of the United States.
Therefore, pursuant to the authority vested in me by section 101(b) of
Public Law 95-223, I extend for 1 year, until September 14, 1999, the
exercise of those authorities with respect to countries affected by:
(1) the Foreign Assets Control Regulations, 31 CFR Part 500;
(2) the Transaction Control Regulations, 31 CFR Part 505; and
(3) the Cuban Assets Control Regulations, 31 CFR Part 515.
[[Page 296]]
The Secretary of the Treasury is authorized and directed to publish this
determination in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, September 11, 1998.
Notice of September 23, 1998
Continuation of Emergency With Respect to UNITA
On September 26, 1993, by Executive Order 12865, I declared a national
emergency to deal with the unusual and extraordinary threat to the
foreign policy of the United States constituted by the actions and
policies of the National Union for the Total Independence of Angola
(``UNITA''), prohibiting the sale or supply by United States persons or
from the United States, or using U.S. registered vessels or aircraft, of
arms, related materiel of all types, petroleum, and petroleum products
to the territory of Angola, other than through designated points of
entry. The order also prohibits the sale or supply of such commodities
to UNITA. On December 12, 1997, in order to take additional steps with
respect to the national emergency declared in Executive Order 12865, I
issued Executive Order 13069, closing all UNITA offices in the United
States and imposing additional sanctions with regard to the sale or
supply of aircraft or aircraft parts, the granting of take-off, landing
and overflight permission, and the provision of certain aircraft-related
services. Most recently, on August 19, 1998, in order to take further
steps with respect to the national emergency declared in Executive Order
12865, I issued Executive Order 13098, blocking all property and
interests in property of UNITA and designated UNITA officials and adult
members of their immediate families, prohibiting the importation of
certain diamonds exported from Angola, and imposing additional sanctions
with regard to the sale or supply of equipment used in mining, motorized
vehicles, watercraft, spare parts for motorized vehicles or watercraft,
mining services, and ground or waterborne transportation services.
Because of our continuing international obligations and because of the
prejudicial effect that discontinuation of the sanctions would have on
the Angolan peace process, the national emergency declared on September
26, 1993, and the measures adopted pursuant thereto to deal with that
emergency, must continue in effect beyond September 26, 1998. Therefore,
in accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing the national emergency with respect to
UNITA.
This notice shall be published in the Federal Register and transmitted
to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
September 23, 1998.
[[Page 297]]
Presidential Determination No. 98-37 of September 29, 1998
Use of $10 Million in Nonproliferation, Anti-Terrorism, Demining and
Related Programs Account Funds and $5 Million in Economic Support Funds
for a U.S. Contribution to the Korean Peninsula Development Organization
(KEDO)
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 614(a)(1) of the
Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2364(a)(1) (the
``Act''), I hereby determine that it is important to the security
interests of the United States to furnish up to $10 million in funds
made available under the heading ``Nonproliferation, Anti-Terrorism,
Demining and Related Programs'' in title II of the Foreign Operations,
Export Financing, and Related Programs Appropriations Act, 1998 (Public
Law 105-118), and $5 million in funds made available under Chapter 4 of
Part II of the Act for the U.S. contribution to KEDO without regard to
any provision of law within the scope of section 614(a)(1). I hereby
authorize this contribution.
You are hereby authorized and directed to transmit this determination to
the Congress and to arrange for its publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, September 29, 1998.
Presidential Determination No. 98-38 of September 29, 1998
Presidential Determination Pursuant to Section 582(a) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1998, on Withholding Assistance to the Government of Chad
Memorandum for the Secretary of State, the Secretary of Defense, [and]
the Administrator of the Agency for International Development
Pursuant to the authority vested in me by section 582(a) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
1998 (the ``Act''), I hereby:
(1) determine and certify that the Government of the Republic of Chad is violating a sanction against Libya
imposed pursuant to United Nations Security Council Resolution 748; and
(2) direct that funds not yet obligated that were allocated for Chad under section 653(a) of the Foreign
Assistance Act of 1961 (the ``FAA'') out of appropriations in the Act for programs under chapters 4 and 5 of
Part II of the FAA shall be withheld from obligation and expenditure for Chad.
[[Page 298]]
The Secretary of State is authorized and directed to report this
determination to the Congress and to arrange for its publication in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, September 29, 1998.
Presidential Determination No. 98-39 of September 30, 1998
Presidential Determination on FY 1999 Refugee Admissions Numbers and
Authorizations of In-Country Refugee Status Pursuant to Sections 207 and
101(a)(42), Respectively, of the Immigration and Nationality Act, and
Determination Pursuant to Section 2(b)(2) of the Migration and Refugee
Assistance Act, as Amended
Memorandum for the Secretary of State
In accordance with section 207 of the Immigration and Nationality Act
(the ``Act'') (8 U.S.C. 1157), as amended, and after appropriate
consultation with the Congress, I hereby make the following
determinations and authorize the following actions:
The admission of up to 78,000 refugees to the United States during
FY 1999 is justified by humanitarian concerns or is otherwise in the
national interest; provided, however, that this number shall be
understood as including persons admitted to the United States during FY
1999 with Federal refugee resettlement assistance under the Amerasian
immigrant admissions program, as provided below.
The 78,000 admissions numbers shall be allocated among refugees of
special humanitarian concern to the United States in accordance with the
following regional allocations; provided, however, that the number
allocated to the East Asia region shall include persons admitted to the
United States during FY 1999 with Federal refugee resettlement
assistance under section 584 of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act of 1988, as contained
in section 101(e) of Public Law 100-202 (Amerasian immigrants and their
family members); provided further that the number allocated to the
former Soviet Union shall include persons admitted who were nationals of
the former Soviet Union, or in the case of persons having no
nationality, who were habitual residents of the former Soviet Union,
prior to September 2, 1991:
Africa................................................... 12,000
East Asia................................................ 9,000
Europe (includes 3,000 unfunded)......................... 48,000
Latin America/Caribbean.................................. 3,000
Near East/South Asia..................................... 4,000
Unallocated.............................................. 2,000
Within the Europe ceiling are 3,000 unfunded numbers allocated to
the former Soviet Union for use as needed provided that resources within
[[Page 299]]
existing appropriations are available to fund the cost of their
admission. The 2,000 unallocated numbers shall be allocated as needed to
regional ceilings where shortfalls develop. Unused admissions numbers
allocated to a particular region may be transferred to one or more other
regions if there is an overriding need for greater numbers for the
region or regions to which the numbers are being transferred. You are
hereby authorized and directed to consult with the Judiciary Committees
of the Congress prior to any such use of the unallocated numbers or
reallocation of numbers from one region to another.
Pursuant to section 2(b)(2) of the Migration and Refugee Assistance
Act of 1962, as amended, 22 U.S.C. 2601(b)(2), I hereby determine that
assistance to or on behalf of persons applying for admission to the
United States as part of the overseas refugee admissions program will
contribute to the foreign policy interests of the United States and
designate such persons for this purpose.
An additional 10,000 refugee admissions numbers shall be made
available during FY 1999 for the adjustment to permanent resident status
under section 209(b) of the Immigration and Nationality Act (8 U.S.C.
1159(b)) of aliens who have been granted asylum in the United States
under section 208 of the Act (8 U.S.C. 1158), as this is justified by
humanitarian concerns or is otherwise in the national interest.
In accordance with section 101(a)(42) of the Act (8 U.S.C. 1101(a)(42))
and after appropriate consultation with the Congress, I also specify
that, for FY 1999, the following persons may, if otherwise qualified, be
considered refugees for the purpose of admission to the United States
within their countries of nationality or habitual residence:
a. Persons in Vietnam
b. Persons in Cuba
c. Persons in the former Soviet Union
You are authorized and directed to report this determination to the
Congress immediately and to publish it in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, September 30, 1998.
Presidential Determination No. 98-40 of September 30, 1998
Transfer of Funds To Support Court To Try Accused
Perpetrators of Pan Am 103 Bombing
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the laws of the United States,
including section 610(a) of the Foreign Assistance Act of 1961, as
amended (the ``Act''), I hereby determine that, to provide support for
the establishment and functioning of the court proposed to be
established in The Netherlands for the trial of suspects in the Pan Am
103 bombing case, it is necessary for the purposes of the Act that $3
million of funds made available
[[Page 300]]
for section 23 of the Arms Export Control Act for fiscal year 1998 for
the costs of direct loans, and $4,945,800 of funds made available for
section 551 of the Act for fiscal year 1998, be transferred to, and
consolidated with, funds made available for Chapter 4 of Part II of the
Act, and such funds are hereby so transferred and consolidated.
You are hereby authorized and directed to report this determination to
the Congress and to arrange for its publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, September 30, 1998.
Presidential Determination No. 98-41 of September 30, 1998
Drawdrawn Under Section 506(a)(2) of the Foreign Assistance Act To
Provide Counternarcotics Assistance to Bolivia, Brazil, Colombia,
Dominican Republic, Ecuador, Guatemala, Honduras, Jamaica, Mexico, Peru,
Trinidad and Tobago, and the Countries of the Eastern Caribbean
Memorandum for the Secretary of State, the Secretary of the Treasury,
the Secretary of Defense, the Attorney General, [and] the Secretary of
Transportation
Pursuant to the authority vested in me by section 506(a)(2) of the
Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2318(a)(2) (the
``Act''), I hereby determine that it is in the national interest of the
United States to draw down articles and services from the inventory and
resources of the Department of Defense, military education and training
from the Department of Defense, and articles and services from the
inventory and resources of the Departments of Justice, State,
Transportation, and the Treasury for the purpose of providing
international narcotics assistance to Bolivia, Brazil, Colombia,
Dominican Republic, Ecuador, Guatemala, Honduras, Jamaica, Mexico, Peru,
and Trinidad and Tobago; and to Antigua and Barbuda, Barbados, Dominica,
Grenada, St. Kitts and Nevis, St. Lucia, and St. Vincent and the
Grenadines (hereinafter, ``the Eastern Caribbean countries'').
Therefore, I direct the drawdown of up to $75 million of articles and
services from the inventory and resources of the Departments of Defense,
Transportation, Justice, State, and the Treasury, and military education
and training from the Department of Defense, for Bolivia, Brazil,
Colombia, Dominican Republic, Ecuador, Guatemala, Honduras, Jamaica,
Mexico, Peru, Trinidad and Tobago, and the Eastern Caribbean countries
for the purposes and under the authorities of chapter 8 of part I of the
Act.
As a matter of policy and consistent with past practice, the
Administration will seek to ensure that the assistance furnished under
this drawdown is not provided to any unit of any foreign country's
security forces if that unit is credibly alleged to have committed gross
violations of human rights unless the government of such country is
taking effective measures to bring the responsible members of that unit
to justice.
[[Page 301]]
The Secretary of State is authorized and directed to report this
determination to the Congress immediately and to arrange for its
publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, September 30, 1998.
Notice of October 19, 1998
Continuation of Emergency With Respect to Significant Narcotics
Traffickers Centered in Colombia
On October 21, 1995, by Executive Order 12978, I declared a national
emergency to deal with the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
constituted by the actions of significant foreign narcotics traffickers
centered in Colombia, and the unparalleled violence, corruption, and
harm that they cause in the United States and abroad. The order blocks
all property and interests in property of foreign persons listed in an
Annex to the order, as well as foreign persons determined to play a
significant role in international narcotics trafficking centered in
Colombia, to materially assist in, or provide financial or technological
support for or goods or services in support of, the narcotics
trafficking activities of persons designated in or pursuant to the
order, or to be owned or controlled by, or to act for or on behalf of,
persons designated in or pursuant to the order. The order also prohibits
any transaction or dealing by United States persons or within the United
States in such property or interests in property. Because the activities
of significant narcotics traffickers centered in Colombia continue to
threaten the national security, foreign policy, and economy of the
United States and to cause unparalleled violence, corruption, and harm
in the United States and abroad, the national emergency declared on
October 21, 1995, and the measures adopted pursuant thereto to deal with
that emergency, must continue in effect beyond October 21, 1998.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing the national emergency for 1
year with respect to significant narcotics traffickers centered in
Colombia.
This notice shall be published in the Federal Register and transmitted
to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
October 19, 1998.
[[Page 302]]
Presidential Determination No. 99-1 of October 21, 1998
Determination To Waive Requirements Relating to Blocked Property of
Terrorist-List States
Memorandum for the Secretary of State [and] the Secretary of the
Treasury
By the authority vested in me as President by the Constitution and laws
of the United States of America, including section 117 of the Treasury
and General Government Appropriations Act, 1999, as contained in the
Omnibus Consolidated and Emergency Supplemental Appropriations Act, 1999
(approved October 21, 1998), I hereby determine that the requirements of
section 117, including the requirement that any property with respect to
which financial transactions are prohibited or regulated pursuant to
section 5(b) of the Trading with the Enemy Act (50 U.S.C. App. 5(b)),
section 620(a) of the Foreign Assistance Act of 1961 (22 U.S.C.
2370(a)), sections 202 and 203 of the International Emergency Economic
Powers Act (50 U.S.C. 1701-1702), and proclamations, orders,
regulations, and licenses issued pursuant thereto, be subject to
execution or attachment in aid of execution of any judgment relating to
a claim for which a foreign state claiming such property is not immune
from the jurisdiction of courts of the United States or of the States
under section 1605(a)(7) of title 28, United States Code, would impede
the ability of the President to conduct foreign policy in the interest
of national security and would, in particular, impede the effectiveness
of such prohibitions and regulations upon financial transactions, and,
therefore, pursuant to section 117(d), I hereby waive the requirements
of section 117 in the interest of national security.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, October 21, 1998.
Memorandum of October 27, 1998
Report to the Congress Regarding Conditions in Burma and U.S. Policy
Toward Burma
Memorandum for the Secretary of State
Pursuant to the requirements set forth under the heading ``Policy Toward
Burma'' in section 570(d) of the FY 97 Foreign Operations Appropriations
Act, as contained in the Omnibus Consolidated Appropriations Act (Public
Law 104-208), a report is required every 6 months following enactment
concerning:
(1) progress toward democratization in Burma;
[[Page 303]]
(2) progress on improving the quality of life of the Burmese people, including progress on market reforms,
living standards, labor standards, use of forced labor in the tourism industry, and environmental quality;
and
(3) progress made in developing a comprehensive, multilateral strategy to bring democracy to, and improve human
rights practices and the quality of life in Burma, including the development of a dialogue between the
State Peace and Development Council (SPDC) and democratic opposition groups in Burma.
You are hereby authorized and directed to transmit the attached report
fulfilling these requirements to the appropriate committees of the
Congress and to arrange for publication of this memorandum in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, October 27, 1998.
Notice of October 27, 1998
Continuation of Emergency With Respect to Sudan
On November 3, 1997, by Executive Order 13067, I declared a national
emergency to deal with the unusual and extraordinary threat to the
national security and foreign policy of the United States constituted by
the actions and policies of the Government of Sudan. By Executive Order
13067, I imposed trade sanctions on Sudan and blocked Sudanese
government assets. Because the Government of Sudan has continued its
activities hostile to United States interests, the national emergency
declared on November 3, 1997, and the measures adopted on that date to
deal with that emergency must continue in effect beyond November 3,
1998. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing the national
emergency for 1 year with respect to Sudan.
This notice shall be published in the Federal Register and transmitted
to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
October 27, 1998.
[[Page 304]]
Presidential Determination No. 99-3 of November 6, 1998
Drawdown Under Section 506(a)(2)(A)(i)(II) of the Foreign Assistance Act
of 1961, as Amended To Provide Emergency Disaster Relief Assistance for
Honduras, Nicaragua, El Salvador, and Guatemala
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by section 506(a)(2)(A)(i)(II) of
the Foreign Assistance Act of 1961, as amended (``the Act''), 22 U.S.C.
2318(a)(2), I hereby determine that it is in the national interest of
the United States to draw down articles and services from the inventory
and resources of the Department of Defense, for the purpose of providing
international disaster relief assistance to Honduras, Nicaragua, El
Salvador, and Guatemala.
Therefore, I direct the drawdown of up to $30 million of articles and
services from the inventory and resources of the Department of Defense
for the Governments of Honduras, Nicaragua, El Salvador, and Guatemala
for the purposes and under the authorities of chapter 9 of part I of the
Act.
The Secretary of State is authorized and directed to report this
determination to the Congress immediately and to arrange for its
publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, November 6, 1998.
Notice of November 9, 1998
Continuation of Iran Emergency
On November 14, 1979, by Executive Order 12170, the President declared a
national emergency to deal with the threat to the national security,
foreign policy, and economy of the United States constituted by the
situation in Iran. Notices of the continuation of this national
emergency have been transmitted annually by the President to the
Congress and the Federal Register. The most recent notice appeared in
the Federal Register on October 1, 1997. Because our relations with Iran
have not yet returned to normal, and the process of implementing the
January 19, 1981, agreements with Iran is still underway, the national
emergency declared on November 14, 1979, must continue in effect beyond
November 14, 1998. Therefore, in accordance with section 202(d) of the
National Emergencies Act (50 U.S.C. 1622(d)), I am continuing the
national emergency with respect to Iran. This notice shall be published
in the Federal Register and transmitted to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
November 9, 1998.
[[Page 305]]
Notice of November 12, 1998
Continuation of Emergency Regarding Weapons of Mass Destruction
On November 14, 1994, by Executive Order 12938, I declared a national
emergency with respect to the unusual and extraordinary threat to the
national security, foreign policy, and economy of the United States
posed by the proliferation of nuclear, biological, and chemical weapons
(``weapons of mass destruction'') and the means of delivering such
weapons. Because the proliferation of weapons of mass destruction and
the means of delivering them continues to pose an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States, the national emergency first declared on
November 14, 1994, and extended on November 14, 1995, November 12, 1996,
and November 13, 1997, must continue in effect beyond November 14, 1998.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing the national emergency declared
in Executive Order 12938.
This notice shall be published in the Federal Register and transmitted
to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
November 12, 1998.
Presidential Determination No. 99-4 of November 14, 1998
Drawdown Under Section 506(a)(2)(A)(i)(II) of the Foreign Assistance Act
To Provide Emergency Disaster Relief Assistance for Honduras, Nicaragua,
El Salvador, and Guatemala
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by section 506(a)(2)(A)(i)(II) of
the Foreign Assistance Act of 1961, as amended (``the Act''), 22 U.S.C.
2318(a)(2), I hereby determine that it is in the national interest of
the United States to draw down articles and services from the inventory
and resources of the Department of Defense, for the purpose of providing
international disaster relief assistance to Honduras, Nicaragua, El
Salvador, and Guatemala.
Therefore, I direct the drawdown of up to $45 million of articles and
services from the inventory and resources of the Department of Defense
for the Governments of Honduras, Nicaragua, El Salvador, and Guatemala
for the purposes and under the authorities of chapter 9 of part I of the
Act.
[[Page 306]]
The Secretary of State is authorized and directed to report this
determination to the Congress immediately and to arrange for its
publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, November 14, 1998.
Memorandum of November 16, 1998
Delegation of Authority Under Section 5(d)(2) of the International Anti-
Bribery and Fair Competition Act of 1998
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and laws of
the United States of America, including section 301 of title 3 of the
United States Code, I hereby delegate to the Secretary of State the
functions and authorities vested in the President by section 5(d)(2) of
the International Anti-Bribery and Fair Competition Act of 1998 (Public
Law 105-366).
You are authorized and directed to publish this memorandum in the
Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, November 16, 1998.
Presidential Determination No. 99-5 of November 25, 1998
Waiver and Certification of Statutory Provisions Regarding the Palestine
Liberation Organization
Memorandum for the Secretary of State
Pursuant to the authority vested in me under section 540(d) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1999, Public Law 105-277, I hereby determine and
certify that it is important to the national security interests of the
United States to waive the provisions of section 1003 of the Anti-
Terrorism Act of 1987, Public Law 100-204, through May 24, 1999.
You are authorized and directed to transmit this determination to the
Congress and to publish it in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, November 25, 1998.
[[Page 307]]
Presidential Determination No. 99-8 of December 8, 1998
Assistance Program for the New Independent States of the Former Soviet
Union
Memorandum for the Secretary of State
Pursuant to Section 517(b) in Title V of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1999 (Public Law
105-277), I hereby determine that it is in the national security
interest of the United States to make available funds appropriated under
the heading ``Assistance for the New Independent States of the Former
Soviet Union'' in Title II of that Act without regard to the restriction
in that section.
You are authorized and directed to notify the Congress of this
determination and to arrange for its publication in the Federal
Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, December 8, 1998.
Presidential Determination No. 99-9 of December 24, 1998
Use of $12 Million in Economic Support Funds for
a U.S. Contribution to the Korean Peninsula Development Organization
(KEDO)
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 614(a)(1) of the
Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2364(a)(1) (the
``Act''), I hereby determine that it is important to the security
interests of the United States to furnish up to $12 million in funds
made available under Chapter 4 of Part II of the Act for assistance for
KEDO without regard to any provision of law within the scope of section
614(a)(1). I hereby authorize furnishing of this assistance.
You are hereby authorized and directed to transmit this determination to
the Congress and to arrange for its publication in the Federal Register.
WILLIAM J. CLINTON
THE WHITE HOUSE,
Washington, December 24, 1998.
Notice of December 30, 1998
Continuation of Libyan Emergency
On January 7, 1986, by Executive Order 12543, President Reagan declared
a national emergency to deal with the unusual and extraordinary threat
to the national security and foreign policy of the United States
constituted by
[[Page 308]]
the actions and policies of the Government of Libya. On January 8, 1986,
by Executive Order 12544, the President took additional measures to
block Libyan assets in the United States. Every President has
transmitted to the Congress and the Federal Register a notice continuing
this emergency each year since 1986.
The crisis between the United States and Libya that led to the
declaration of a national emergency on January 7, 1986, has not been
resolved. The Government of Libya has continued its actions and policies
in support of terrorism, despite the calls by the United Nations
Security Council, in Resolutions 731 (1992), 748 (1992), and 883 (1993),
that it demonstrate by concrete actions its renunciation of terrorism.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing the national emergency with
respect to Libya. This notice shall be published in the Federal Register
and transmitted to the Congress.
WILLIAM J. CLINTON
THE WHITE HOUSE,
December 30, 1998.
[[Page 309]]
Appendices--Other Presidential Documents
________________________________________________________________________
Editorial note: The following tables include documents issued by the
Executive Office of the President and published in the Federal Register
but not included in title 3 of the Code of Federal Regulations.
________________________________________________________________________
Appendix A--List of Messages to Congress Transmitting Budget Rescissions
and Deferrals
________________________________________________________________________
63 FR
Date of Message Page
February 3, 1998....................................................7004
February 20, 1998..................................................10076
July 24, 1998......................................................41303
October 22, 1998...................................................63949
________________________________________________________________________
Appendix B--List of Presidential Determinations
________________________________________________________________________
63 FR
Date of Presidential Determination Page
September 25, 1998 (No. 98-36).....................................56921
________________________________________________________________________
[[Page 311]]
CHAPTER I--EXECUTIVE OFFICE OF THE PRESIDENT
--------------------------------------------------------------------
Part Page
100 Standards of conduct........................ 312
101 Public information provisions of the
Administrative Procedures Act........... 323
102 Enforcement of nondiscrimination on the
basis of handicap in programs or
activities conducted by the Executive
Office of the President................. 324
[[Page 312]]
PART 100--STANDARDS OF CONDUCT--Table of Contents
Subpart A--General Standards
Sec.
100.735-1 Purpose and scope.
100.735-2 Definitions.
100.735-3 Special Government employees.
100.735-4 General standards of conduct.
100.735-5 Responsibilities of employees.
100.735-6 Interpretation and advisory service; counseling.
100.735-7 Disciplinary action.
100.735-8 Conflicts of interest.
100.735-9 Disqualification because of private financial interests.
100.735-10 Additional prohibitions--regular employees.
100.735-11 Additional prohibitions--special Government employees.
100.735-12 Exemptions and exceptions from prohibitions of conflict of
interest statutes.
100.735-13 Salary of employee payable only by United States.
100.735-14 Gifts, entertainment, and favors.
100.735-15 Outside employment and other activity.
100.735-16 Financial interests.
100.735-17 Use of Government property.
100.735-18 Misuse of information.
100.735-19 Indebtedness.
100.735-20 Gambling, betting, and lotteries.
100.735-21 General conduct prejudicial to the Government.
100.735-22 Miscellaneous statutory provisions.
100.735-23 Conduct and responsibilities of special Government
employees.
100.735-24 Reporting of employment and financial interests--regular
employees.
100.735-25 Reporting of employment and financial interests--special
Government employees.
100.735-26 Reviewing statements of financial interests.
100.735-27 Supplemental regulations or instructions.
Subpart B--Special Procedures; Counsel to the President
100.735-31 Members of part-time committees, boards, and commissions.
100.735-32 Special delegation of authority to the Counsel to the
President.
Authority: EO 12731 of Oct. 17, 1990, 55 FR 42547, 3 CFR, 1991 Comp.
Source: 33 FR 3608, Feb. 29, 1968, unless otherwise noted.
Subpart A--General Standards
Sec. 100.735-1 Purpose and scope.
(a) The maintenance of the highest standards of honesty, integrity,
impartiality, and conduct by regular employees and special Government
employees is essential to assure the proper performance of Government
business and the maintenance of confidence by citizens in their
Government. The avoidance of misconduct and conflicts of interest on the
part of regular employees and special Government employees through
informed judgment is indispensable to the maintenance of these
standards.
(b) This part is intended to foster the foregoing concepts. It is
issued in compliance with the requirements of Executive Order No. 11222
of May 8, 1965, and is based upon the provisions of that order, the
regulations of the Civil Service Commission issued thereunder (part 735
of 5 CFR Ch. I), and the statutes cited elsewhere in this part.
(c) This part, among other things reflects prohibitions and
requirements imposed by the criminal and civil laws of the United
States. However, the paraphrased restatements of criminal and civil
statutes contained in this part are designed for informational purposes
only and in no way constitute an interpretation or construction thereof
that is binding upon the Federal Government. Moreover, this part does
not purport to paraphrase or enumerate all restrictions or requirements
imposed by statutes, Executive Orders, regulations or otherwise upon
Federal employees and former Federal employees. The omission of a
reference to any such restriction or requirement in no way alters the
legal effect of that restriction or requirement and any such restriction
or requirement, as the case may be, continues to be applicable to
employees and former employees in accordance with its own terms.
Furthermore, attorneys employed by an agency are subject to the canons
of professional ethics of the American Bar Association.
Sec. 100.735-2 Definitions.
In this subpart:
(a) Agency means the following agencies in the Executive Office of
the
[[Page 313]]
President: The White House Office, the Council of Economic Advisers, the
National Security Council, the National Aeronautics and Space Council,
the Office of Science and Technology, and the Office of the Special
Representative for Trade Negotiations, and any committee, board,
commission, or similar group established in the Executive Office of the
President.
(b) Agency head means the President for the White House Office, the
Chairman of the Council of Economic Advisers for the Council of Economic
Advisers, the Executive Secretary of the National Security Council for
the National Security Council, the Executive Secretary of the National
Aeronautics and Space Council for the National Aeronautics and Space
Council, the Director of the Office of Science and Technology for the
Office of Science and Technology, and the Special Representative for
Trade Negotiations for the Office of the Special Representative for
Trade Negotiations, and the Chairman or comparable member of any
committee, board, commission, or similar group established by the
President.
(c) Employee or regular employee means an officer or employee of an
agency but does not include a special Government employee.
(d) Special Government employee means an officer or employee of an
agency who is retained, designated, appointed, or employed to perform,
with or without compensation, for not to exceed 130 days during any
period of 365 consecutive days, temporary duties, either on a full-time
or intermittent basis.
(e) The term person means an individual, a corporation, a company,
an association, a firm, a partnership, a society, a joint stock company,
or any other organization or institution.
Sec. 100.735-3 Special Government employees.
Except where specifically provided otherwise, or where limited in
terms or by the context to regular employees, all provisions of this
subpart relating to employees are applicable also to special Government
employees.
Sec. 100.735-4 General standards of conduct.
(a) All employees shall conduct themselves on the job in such a
manner that the work of their agency is efficiently accomplished and
courtesy, consideration, and promptness are observed in dealings with
the Congress, the public, and other governmental agencies.
(b) All employees shall conduct themselves off the job in such a
manner as not to reflect adversely upon their agency or the Federal
service.
(c) In all circumstances employees shall conduct themselves so as to
exemplify the highest standards of integrity. An employee shall avoid
any action, whether or not specifically prohibited by this subpart,
which might result in, or create the appearance of:
(1) Using public office for private gain;
(2) Giving preferential treatment to any person;
(3) Impeding Government efficiency or economy;
(4) Losing complete independence or impartiality;
(5) Making a Government decision outside official channels; or
(6) Affecting adversely the confidence of the public in the
integrity of the Government.
Sec. 100.735-5 Responsibilities of employees.
(a) The Executive Clerk for the White House Office and the Counselor
for each other agency shall distribute copies of this subpart to each
employee and special Government employee within 30 days after the
effective date thereof. In the case of a new employee or special
Government employee entering on duty after the date of such
distribution, a copy shall be furnished at the time of his entrance on
duty. All employees and special Government employees shall familiarize
themselves with the contents of this subpart.
(b) Copies of Executive Order 11222, regulations, and statutes
referred to in Sec. 100.735-1, together with various explanatory
materials are available for inspection in the Office of the Executive
Clerk for the White House Office and the Counselor for each other agency
at any time during regular business
[[Page 314]]
hours. Employees are encouraged to consult these basic materials in any
case of doubt as to the proper application or interpretation of the
provisions of this subpart.
(c) Attention of all employees is directed to House Concurrent
Resolution 175, 85th Congress, 2d session, 72 Stat. B12, the ``Code of
Ethics for Government Service'', which is attached to this subpart as
Appendix A.
Sec. 100.735-6 Interpretation and advisory service; counseling.
(a) The agency head shall appoint a Counselor for the agency who
shall serve also as the agency's designee to the Civil Service
Commission on matters covered by this part. Communications between the
Counselor and employee shall be confidential, except as otherwise
determined by the agency head.
(b) The Counselor for the agency shall notify all employees and
special Government employees of the availability of counseling services,
and of how and where such services are available. Such notification
shall be made within 90 days after the effective date of this subpart
and periodically thereafter. In the case of a new employee or special
Government employee appointed after the date of such notification,
notification shall be given at the time of his entrance on duty.
Sec. 100.735-7 Disciplinary action.
(a) A violation of any provision of this subpart by an employee may
be cause for appropriate disciplinary action which may be in addition to
any penalties prescribed by law. (As to remedial action in cases where
an employee's financial interests result in a conflict or apparent
conflict of interest, see Sec. 100.735-26.)
(b) Any disciplinary or remedial action taken pursuant to this
subpart shall be effected in accordance with any applicable laws,
Executive orders, and regulations.
Sec. 100.735-8 Conflicts of interest.
(a) A conflict of interest may exist whenever an employee has a
substantial personal or private interest in a matter which involves his
duties and responsibilities as an employee. The maintenance of public
confidence in Government clearly demands that an employee take no action
which would constitute the use of his official position to advance his
personal or private interest. It is equally important that each employee
avoid becoming involved in situations which present the possibility, or
even the appearance, that his official position might be used to his
private advantage.
(b) Neither the pertinent statutes nor the standards of conduct
prescribed in this subpart are to be regarded as entirely comprehensive.
Each employee must, in each instance involving a personal or private
interest in a matter which also involves his duties and responsibilities
as an employee, make certain that his actions do not have the effect or
the appearance of the use of his official position for the furtherance
of his own interests or those of his family or his business associates.
(c) The principal statutory provisions relating to bribery, graft,
and conflicts of interest are contained in Chapter 11 of the Criminal
Code, 18 U.S.C. 201-224. Severe penalties are provided for violations,
including variously fine, imprisonment, dismissal from office, and
disqualification from holding any office of honor, trust, or profit
under the United States.
Sec. 100.735-9 Disqualification because of private financial interests.
(a) Unless authorized to do so as provided hereafter in this
section, no employee shall participate personally and substantially as a
Government employee in a particular matter in which to his knowledge he
has a financial interest (18 U.S.C. 208).
(1) For the purposes of this section--
(i) An employee participates personally and substantially in a
particular matter through decision, approval, disapproval,
recommendation, the rendering of advice, investigation, or otherwise;
(ii) A particular matter is a judicial or other proceeding,
application, request for ruling or other determination, contract, claim,
controversy, charge, accusation, arrest, or other particular matter; and
(iii) A financial interest is the interest of the employee himself
or his
[[Page 315]]
spouse, minor child, partner, organization in which he is serving as
officer, director, trustee, partner, or employee, or any person or
organization with whom he is negotiating or has any arrangement
concerning prospective employment.
(b) An employee who has a financial interest (other than a financial
interest exempted under paragraph (c) of this section) in a particular
matter which is within the scope of his official duties shall make a
full disclosure of that interest to the Counselor for the agency in
writing. He shall not participate in such matter unless and until he
receives a written determination by the agency head pursuant to section
208 of Title 18, United States Code, that the interest is not so
substantial as to be deemed likely to affect the integrity of the
services which the Government may expect of him. If the agency head does
not make such a determination he shall direct such remedial action as
may be appropriate under the provisions of Sec. 100.735-26.
(c) The financial interests described in this paragraph are hereby
exempted pursuant to the provisions of section 208 of Title 18, United
States Code, from the restrictions of paragraph (a) of this section and
of section 208 of Title 18 as being too remote or inconsequential to
affect the integrity of an employee's services in a matter.
(1) Stocks, bonds, policies, properties, or interests in a mutual
fund, investment company, trust, bank, or insurance company, as to which
the employee has no managerial control or directorship. In the case of a
mutual fund or investment company, this exemption applies only where the
assets of the fund or company are diversified; it does not apply where
the fund or company advertises that it specializes in a particular
industry or commodity.
(2) Interest in an investment club: Provided, That the fair value of
the interest involved does not exceed $5,000, and that the interest does
not exceed one-fourth of the total assets of the investment club.
Sec. 100.735-10 Additional prohibitions--regular employees.
(a) In addition to the disqualification described in Sec. 100.735-9,
a regular employee is subject to the following major prohibitions.
(1) He may not, except in the discharge of his official duties,
represent anyone else before a court or Government agency in a matter in
which the United States is a party or has an interest. This prohibition
applies both to paid and unpaid representation of another (18 U.S.C. 203
and 205).
(2) He may not, after his Government employment has ended, represent
anyone other than the United States in connection with a matter in which
the United States is a party or has an interest and in which he
participated personally and substantially for the Government (18 U.S.C.
207(a)).
(3) He may not, for 1 year after his Government employment has
ended, represent anyone other than the United States in connection with
a matter in which the United States is a party or has an interest and
which was within the boundaries of his official responsibility during
the last year of his Government service (18 U.S.C. 207(b)). (This
temporary restraint is permanent if the matter is one in which he
participated personally and substantially. See subparagraph (2) of this
paragraph.)
(4) He may not receive any salary, or supplementation of his
Government salary, from a private source as compensation for his
services to the Government (18 U.S.C. 209). (See Sec. 100.735-13.)
(b) Exemptions or exceptions from the prohibitions described in
paragraph (a) of this section are permitted under certain circumstances.
For the method of obtaining such exemptions or exceptions, see paragraph
(d) of Sec. 100.735-12.
Sec. 100.735-11 Additional prohibitions--special Government employees.
(a) In addition to the disqualification described in Sec. 100.735-9,
a special Government employee is subject to the following major
prohibitions.
(1) He may not, except in the discharge of his official duties--
(i) Represent anyone else before a court or Government agency in a
matter in which the United States is a party or has an interest and in
which he has at any time participated personally and substantially for
the Government (18 U.S.C. 203 and 205), or
[[Page 316]]
(ii) Represent anyone else in a matter pending before his agency
unless he served there no more than 60 days during the previous 365 (18
U.S.C. 203 and 205). He is bound by this restraint despite the fact that
the matter is not one in which he has ever participated personally and
substantially.
(2) He may not, after his Government employment has ended, represent
anyone other than the United States in connection with a matter in which
the United States is a party or has an interest and in which he
participated personally and substantially for the Government (18 U.S.C.
207(a)).
(3) He may not, for 1 year after his Government employment has
ended, represent anyone other than the United States in connection with
a matter in which the United States is a party or has an interest and
which was within the boundaries of his official responsibility during
the last year of his Government service (18 U.S.C. 207(b)). (This
temporary restraint is permanent if the matter is one in which he
participated personally and substantially. See subparagraph (2) of this
paragraph.)
(b) Exemptions or exceptions from the prohibitions described in
paragraph (a) of this section are permitted under certain circumstances;
for the method of obtaining such exemptions or exceptions, see paragraph
(d) of Sec. 100.735-12.
Sec. 100.735-12 Exemptions and exceptions from prohibitions of conflict of interest statutes.
(a) Nothing in this subpart shall be deemed to prohibit an employee,
if it is not otherwise inconsistent with the faithful performance of his
duties, from acting without compensation as agent or attorney for any
person in a disciplinary, loyalty, or other Federal personnel
administration proceeding involving such person.
(b) Nothing in this subpart shall be deemed to prohibit an employee
from acting, with or without compensation, as agent or attorney for his
parents, spouse, child, or any person for whom, or for any estate for
which, he is serving as guardian, executor, administrator, trustee or
other personal fiduciary, except in those matters in which he has
participated personally and substantially as a Government employee,
through decision, approval, disapproval, recommendation, the rendering
of advice, investigation, or otherwise, or which are the subject of his
official responsibility, as defined in section 202(b) of Title 18 of the
United States Code, provided that the agency head approves.
(c) Nothing in this subpart shall be deemed to prohibit an employee
from giving testimony under oath or from making statements required to
be made under penalty for perjury or contempt.
(d) In addition to the exemptions and exceptions described in this
section and in Sec. 100.735-9, the conflict of interest statutes permit
certain exemptions and exceptions in specific circumstances. The
procedure for effecting such exemptions or exceptions is as follows:
(1) Any regular employee or special Government employee who desires
approval or certification of his activities as provided for by section
205 of Title 18, United States Code, shall make application therefor in
writing to the Counselor for the agency.
(2) A former employee, including a former special Government
employee, who desires certification with regard to his activities under
section 207 of Title 18, United States Code, shall make application
therefor in writing to the Counselor for the agency.
(3) The Counselor for the agency shall report promptly to the agency
head all matters reported to him under this subpart which require
consideration of approvals, certifications, or determinations provided
for in sections 205, 207, or 208 of Title 18, United States Code.
Sec. 100.735-13 Salary of employee payable only by United States.
(a) No employee, other than a special Government employee or an
employee serving without compensation, shall receive any salary, or any
contribution to or supplementation of salary, as compensation for his
services as an employee, from any source other than the Government of
the United States, except as may be contributed out of the treasury of
any State, county, or municipality (18 U.S.C. 209).
(b) Nothing in this subpart shall be deemed to prohibit an employee
from
[[Page 317]]
continuing to participate in a bona fide pension, retirement, group
life, health, or accident insurance, profit-sharing, stock bonus, or
other employee welfare or benefit plan maintained by a former employer
nor from accepting contributions, awards, or other expenses under
Chapter 41 of Title 5, United States Code (the former Government
Employees Training Act).
Sec. 100.735-14 Gifts, entertainment, and favors.
(a) Except as provided in paragraph (b) of this section, an employee
shall not solicit or accept, directly or indirectly, any gift, gratuity,
favor, entertainment, loan, or any other thing of monetary value from a
person who:
(1) Has, or is seeking to obtain, contractual or other business or
financial relations with his agency;
(2) Conducts operations or activities which are regulated by his
agency; or
(3) Has interests which may be substantially affected by the
performance or nonperformance of his official duty.
(b) Notwithstanding paragraph (a) of this section, an employee may:
(1) Accept a gift, gratuity, favor, entertainment, loan or other
thing of monetary value from a friend, parent, spouse, child, or other
close relative when the circumstances make it clear that the family or
personal relationships involved are the motivating factors;
(2) Accept food or refreshments of nominal value on infrequent
occasions in the ordinary course of a luncheon or dinner meeting or
other meeting or on an inspection tour whom an employee may properly be
in attendance;
(3) Accept loans from banks or other financial institutions on
customary terms to finance proper or usual activities of employees, such
as home mortgage loans; and
(4) Accept unsolicited advertising or promotional materials such as
pens, pencils, note pads, calendars, or other items of nominal intrinsic
value.
(c) An employee shall not solicit contributions from another
employee for a gift to an employee in a superior official position. An
employee in a superior official position shall not accept a gift
presented as a contribution from employees receiving less salary than
himself. An employee shall not make a donation as a gift to an employee
in a superior official position (5 U.S.C. 7351). However, this paragraph
does not prohibit a voluntary gift of nominal value or donation in a
nominal amount made on a special occasion such as marriage, illness or
retirement.
(d) The Constitution (Art. 1, sec. 9, par. 8) prohibits acceptance
from foreign governments, except with the consent of Congress, of any
emolument, office, or title. The Congress has provided for the receipt
and disposition of foreign gifts and decorations in 5 U.S.C. 7342. See
also Executive Order 11320, 31 FR 15789, and the regulations pursuant
thereto in 22 CFR part 3 (as added, 32 FR 6569). Any such gift or thing
which cannot appropriately be refused shall be submitted to the
Counselor for transmittal to the State Department.
Sec. 100.735-15 Outside employment and other activity.
(a) An employee shall not engage in outside employment or other
outside activity not compatible with the full and proper discharge of
the duties and responsibilities of his Government employment.
Incompatible activities include, but are not limited to:
(1) Acceptance of a fee, compensation, gift, payment of expense, or
any other thing of monetary value in circumstances in which acceptance
may result in, or create the appearance of, a conflict of interest; or
(2) Outside employment which tends to impair the employee's mental
or physical capacity to perform his Government duties and
responsibilities in an acceptable manner.
(b) Within the limitations imposed by this section, employees are
encouraged to engage in teaching, lecturing, and writing. However, an
employee shall not, either for or without compensation, engage in
teaching, lecturing, or writing that is dependent on information
obtained as a result of his Government employment, except when that
information has been made available to the general public or will be
made available on request, or when the agency head gives written
authorization for the use of non-public information on the basis that
the use is in the
[[Page 318]]
public interest. In addition, an employee who is a Presidential
appointee covered by section 401(a) of Executive Order No. 11222 of May
8, 1965, shall not receive compensation or anything of monetary value
for any consultation, lecture, discussion, writing, or appearance the
subject matter of which is devoted substantially to the
responsibilities, programs, or operations of his agency, or which draws
substantially on official data or ideas which have not become part of
the body of public information.
(c) An employee shall not engage in outside employment under a State
or local government, except in accordance with applicable regulations of
the Civil Service Commission (part 734 of 5 CFR Ch. I).
(d) Neither this section nor Sec. 100.735-14 precludes an employee
from:
(1) Receipt of bona fide reimbursement, unless prohibited by law,
for actual expenses for travel and such other necessary subsistence as
is compatible with this subpart and for which no Government payment or
reimbursement is made. However, an employee may not be reimbursed, and
payment may not be made on his behalf, for excessive personal living
expenses, gifts, entertainment, or other personal benefits, nor does it
allow an employee to be reimbursed by a person for travel on official
business under agency orders when reimbursement is proscribed by
Decision B-128527 of the Comptroller General dated March 7, 1967.
(2) Participation in the activities of national or State political
parties not proscribed by law. (See paragraph (o) of Sec. 100.735-22
regarding proscribed political activities.)
(3) Participation in the affairs of, or acceptance of an award for a
meritorious public contribution or achievement given by, a charitable,
religious, professional, social, fraternal, nonprofit educational or
recreational, public service, or civic organization.
(e) An employee who intends to engage in outside employment shall
obtain the approval, through his official superior, of his agency head.
A record of each approval under this paragraph shall be filed in the
employee's official personnel folder.
(f) This section does not apply to special Government employees, who
are subject to the provisions of Sec. 100.735-23.
Sec. 100.735-16 Financial interests.
(a) An employee may not have financial interests which--
(1) Establish a substantial personal or private interest in a matter
which involves his duties and responsibilities as an employee (an
employee may not have financial interests, except as permitted by
Sec. 100.735-9(c) or authorized pursuant to Sec. 100.735-12(d); or
(2) Are entered into in reliance upon, or as a result of,
information obtained through his employment; or
(3) Result from active and continuous trading (as distinguished from
the making of bona fide investments) which is conducted on such a scale
as to interfere with the proper performance of his duties.
(b) Aside from the restrictions prescribed or cited in this subpart,
employees are free to engage in lawful financial transactions to the
same extent as private citizens. Employees should be aware that the
financial interests of their wives of minor children and blood relatives
who are full-time residents of their households may be regarded, for the
purposes of this section, as financial interests of the employees
themselves.
(c) This section does not apply to special Government employees, who
are subject to the provisions of Sec. 100.735-23.
Sec. 100.735-17 Use of Government property.
An employee shall not directly or indirectly use, or allow the use
of, Government property of any kind, including property leased to the
Government, for other than officially approved activities. An employee
has a positive duty to protect and conserve Government property
including equipment, supplies, and other property entrusted or issued to
him.
Sec. 100.735-18 Misuse of information.
For the purpose of furthering a private interest, an employee shall
not, except as provided in paragraph (b) of Sec. 100.735-15, directly or
indirectly use, or allow the use of, official information obtained
through or in connection with
[[Page 319]]
his Government employment which has not been made available to the
general public.
Sec. 100.735-19 Indebtedness.
An employee shall pay each just financial obligation in a proper and
timely manner, especially one imposed by law such as Federal, State, or
local taxes. For the purpose of this section, a just financial
obligation means one acknowledged by the employee, or reduced to
judgment by a court, and in a proper and timely manner means in a manner
which his agency determines does not, under the circumstances, reflect
adversely on the Government as his employer. In the event of dispute
between an employee and an alleged creditor, this section does not
require an agency to determine the validity or amount of the disputed
debt.
Sec. 100.735-20 Gambling, betting, and lotteries.
An employee shall not participate, while on Government-owned or
leased property or while on duty for the Government, in any gambling
activity, including the operation of a gambling device, in conducting a
lottery or pool, in a game for money or property, or in selling or
purchasing a numbers slip or ticket.
Sec. 100.735-21 General conduct prejudicial to the Government.
An employee shall not engage in criminal, infamous, dishonest,
immoral, or notoriously disgraceful conduct, or other conduct
prejudicial to the Government.
Sec. 100.735-22 Miscellaneous statutory provisions.
Each employee shall acquaint himself with each statute that relates
to his ethical and other conduct as an employee of his agency and of the
Government. In particular, attention of employees is directed to the
following statutory provisions:
(a) Chapter 11 of Title 18, United States Code, relating to bribery,
graft, and conflicts of interest, as appropriate to the employees
concerned (see Secs. 100.735-9, 100.735-10, and 100.735-11).
(b) The prohibition against lobbying with appropriated funds (18
U.S.C. 1913).
(c) The prohibitions against disloyalty and striking (5 U.S.C. 7311,
18 U.S.C. 1918).
(d) The prohibition against the employment of a member of a
Communist organization (50 U.S.C. 784).
(e) The prohibitions against (1) the disclosure of classified
information (18 U.S.C. 798, 50 U.S.C. 783) and (2) the disclosure of
confidential information (18 U.S.C. 1905).
(f) The provision relating to the habitual use of intoxicants to
excess (5 U.S.C. 7352).
(g) The prohibition against the misuse of a Government vehicle (31
U.S.C. 638a(c)).
(h) The prohibition against the misuse of the franking privilege (18
U.S.C. 1719).
(i) The prohibition against the use of deceit in an examination or
personnel action in connection with Government employment (5 U.S.C.
1917).
(j) The prohibition against fraud or false statements in a
Government matter (18 U.S.C. 1001).
(k) The prohibition against mutilating or destroying a public record
(18 U.S.C. 2071).
(l) The prohibition against counterfeiting and forging
transportation requests (18 U.S.C. 508).
(m) The prohibitions against (1) embezzlement of Government money or
property (18 U.S.C. 641); (2) failing to account for public money (18
U.S.C. 643); and (3) embezzlement of the money or property of another
person in the possession of an employee by reason of his employment (18
U.S.C. 654).
(n) The prohibition against unauthorized use of documents relating
to claims from or by the Government (18 U.S.C. 285).
(o) The prohibition against political activities in subchapter III
of chapter 73 of title 5, United States Code and 18 U.S.C. 602, 603,
607, and 608.
(p) The prohibition against an employee acting as the agent of a
foreign principal registered under the Foreign Agents Registration Act
(18 U.S.C. 219).
[[Page 320]]
Sec. 100.735-23 Conduct and responsibilities of special Government employees.
(a) A special Government employee shall not use his Government
employment for a purpose that is, or gives the appearance of being,
motivated by the desire for private gain for himself or another person,
particularly one with whom he has family, business, or financial ties.
(b) A special Government employee shall not use inside information
obtained as a result of his Government employment for private gain for
himself or another person whether by direct action on his part or by
counsel, recommendation, or suggestion to another person, particularly
one with whom he has family, business, or financial ties. For the
purposes of this section, inside information means information obtained
under Government authority which has not become part of the body of
public information.
(c) A special Government employee who engages in teaching,
lecturing, or writing, whether for or without compensation, shall not
for such purposes make use of information obtained as a result of his
Government employment, except when that information has been made
available to the general public or will be made available on request, or
when the agency head gives written authorization for the use of
nonpublic information on the basis that such use is in the public
interest.
(d) A special Government employee shall not use his Government
employment to coerce, or give the appearance of coercing, a person to
provide financial benefit to himself or another person, particularly one
with whom he has family, business, or financial ties.
(e) Except as provided in paragraph (f) of this section, a special
Government employee, while so employed or in connection with his
employment, shall not receive or solicit from a person having business
with his agency anything of value as a gift, gratuity, loan,
entertainment, or favor for himself or another person, particularly one
with whom he has family, business, or financial ties.
(f) Notwithstanding paragraph (e) of this section a special
Government employee shall be allowed the same latitude as is authorized
for regular Government employees by paragraph (b) of Sec. 100.735-14.
(g) Attention of special Government employees is directed to the
provisions of Sec. 100.735-3, making the provisions of this subpart
generally applicable to their activities.
Sec. 100.735-24 Reporting of employment and financial interests--regular employees.
(a) Not later than 90 days after the effective date of this subpart,
an employee designated in paragraph (d) of this section shall submit to
his agency head a statement, on a form made available in the office of
the Executive Clerk for the White House Office and the Counselor for
each other agency, setting forth the following information:
(1) A list of the names of all corporations, companies, firms, or
other business enterprises, partnerships, nonprofit organizations, and
educational or other institutions with or in which he, his spouse, minor
child or other member of his immediate household has--
(i) Any connection as an employee, officer, owner, director, member,
trustee, partner, adviser or consultant; or
(ii) Any continuing financial interest, through a pension or
retirement plan, shared income, or other arrangement as a result of any
current or prior employment or business or professional association; or
(iii) Any financial interest through the ownership of stock, stock
options, bonds, securities, or other arrangements including trusts.
However, an employee need not report any financial interest exempted
under Sec. 100.735-9(c) as too remote or inconsequential to affect the
integrity of an employee's services in a matter.
(2) A list of the names of his creditors and the creditors of his
spouse, minor child or other member of his immediate household, other
than those creditors to whom they may be indebted by reason of a
mortgage on property which he occupies as a personal residence or to
whom they may be indebted for current and ordinary household and living
expenses such as
[[Page 321]]
those incurred for household furnishings, an automobile, education,
vacations, or the like.
(3) A list of his interests and those of his spouse, minor child or
other member of his immediate household in real property or rights in
lands, other than property which he occupies as a personal residence.
(b) For the purpose of this section member of his immediate
household means a full-time resident of the employee's household who is
related to him by blood.
(c) Each employee designated in paragraph (d) of this section who
enters on duty after the effective date of this subpart shall submit
such statement not later than 30 days after the date of his entrance on
duty, but not earlier than 90 days after the effective date of this
subpart.
(d) Statements of employment and financial interests are required of
the following:
(1) Employees paid at a level of the Executive Schedule in
subchapter II of chapter 53 of title 5, United States Code, except a
Presidential appointee required to file a statement of financial
interests under section 401 of Executive Order No. 11222 of May 8, 1965.
(2) Employees in classified positions of grade GS-13 or above, or
the equivalent thereof.
(e) Changes in, or additions to, the information contained in an
employee's statement of employment and financial interests shall be
reported in a supplementary statement as of June 30 each year. If no
changes or additions occur, a negative report is required.
Notwithstanding the filing of the annual report required by this
paragraph, each employee shall at all times avoid acquiring a financial
interest that could result, or taking an action that would result, in a
violation of the conflicts-of-interest provisions of 18 U.S.C. 208 or
this subpart.
(f) If any information required to be included on a statement of
employment and financial interests or supplementary statement, including
holdings placed in trust, is not known to the employee but is known to
another person, the employee shall request that other person to submit
the information in his behalf.
(g) Paragraph (a) of this section does not require an employee to
submit any information relating to his connection with, or interest in,
a professional society or a charitable, religious, social, fraternal,
recreational, public service, civic, or political organization or a
similar organization not conducted as a business enterprise. For the
purpose of this section, educational and other institutions doing
research and development or related work involving grants of money from
or contracts with the Government are deemed ``business enterprises'' and
are required to be included in an employee's statement of employment and
financial interests.
(h) Each agency shall hold each statement of employment and
financial interests in confidence. Each person designated to review a
statement of employment and financial interests under section 100.735-26
is responsible for maintaining the statement in confidence and shall not
allow access to, or allow information to be disclosed from, a statement
except to carry out the purpose of this subpart. An agency may not
disclose information from a statement except as the Civil Service
Commission or the agency head may determine for good cause shown.
(i) The statements of employment and financial interests and
supplementary statements required of employees are in addition to, and
not in substitution for, or in derogation of, any similar requirement
imposed by law, order, or regulation. The submission of a statement by
an employee does not permit him or any other person to participate in a
matter in which his or the other person's participation is prohibited by
law, order, or regulation.
(j) An employee who believes that his position has been improperly
included as one requiring the submission of a statement of employment
and financial interests is entitled to obtain a review of his complaint
under his agency's grievance procedure.
(k) This section does not apply to special Government employees, who
are subject to the provisions of Sec. 100.735-25.
[[Page 322]]
Sec. 100.735-25 Reporting of employment and financial interests--special Government employees.
(a) A special Government employee shall submit to the agency head a
statement of employment and financial interests which reports (1) all
current Federal Government employment, (2) the names of all
corporations, companies, firms, State of local governmental
organizations, research organizations, and educational or other
institutions in or for which he is an employee, officer, member, owner,
trustee, director, adviser, or consultant, with or without compensation,
(3) those financial interests which the agency determines are relevant
in the light of the duties he is to perform, and (4) the names of all
partnerships in which he is engaged.
(b) A statement required under this section shall be submitted at
the time of employment and shall be kept current throughout the term of
a special Government employee's service with an agency. A supplementary
statement shall be submitted at the time of any reappointment; a
negative report will suffice if no changes have occurred since the
submission of the last statement.
Sec. 100.735-26 Reviewing statements of financial interests.
(a) A designee of the agency head shall review the statements
required by Secs. 100.735-24 and Secs. 100.735-25 to determine whether
there exists a conflict, or appearance of conflict, between the
interests of the employee or special Government employee concerned and
the performance of his service for the Government. If the designee
determines that such a conflict or appearance of conflict exists, he
shall provide the employee with an opportunity to explain the conflict
or appearance of conflict. If he concludes that remedial action should
be taken, he shall refer the statement to the agency head through the
Counselor for the agency designated pursuant to Sec. 100.735-6, with his
recommendation for such action. The agency head, after consideration of
the employee's explanation and such investigation as he deems
appropriate shall direct appropriate remedial action if he deems it
necessary.
(b) Remedial action pursuant to paragraph (a) of this section may
include, but is not limited to:
(1) Changes in assigned duties.
(2) Divestment by the employee of his conflicting interest.
(3) Disqualification for a particular action.
(4) Exemption pursuant to paragraph (b) of Sec. 100.735-9 or
paragraph (d) of Sec. 100.735-12.
(5) Disciplinary action.
Sec. 100.735-27 Supplemental regulations or instructions.
An agency head may issue supplemental and implementing regulations
or instructions not inconsistent with this subpart as necessary to carry
out the full purpose and intent of Executive Order 11222 and this
subpart as may be required by the particular circumstances of his
agency. Such regulations or instructions may include but are not limited
to, delegations of any authority allowed by law pertaining to the
functions placed upon the agency head by this subpart. Such regulations
or instructions must be made available to employees and special
Government employees in the same manner as this subpart (see
Sec. 100.735-5).
Subpart B--Special Procedures; Counsel to the President
Sec. 100.735-31 Members of part-time committees, boards, and commissions.
(a) This section applies to each part-time member of a committee,
board, or commission appointed by the President (referred to in this
section as a Member).
(b) When the Counsel to the President determines that the functions
and responsibilities of a committee, board, or commission are such that
consistent with the policy and purpose of Executive Order 11222 the
Members thereof should submit statements of employment and financial
interests, he shall request each Member thereof to submit such a
statement to the Chairman of the Civil Service Commission.
(c) A statement of employment and financial interests required under
this section shall be submitted not later than 30 days after the
Member's receipt
[[Page 323]]
of the request therefor from the Counsel to the President, and shall be
kept up to date by submission of amended statements of any changes in,
or additions to, the information required to be included in the original
statement, on a quarterly basis. The statement shall be submitted in the
format prescribed by the Chairman of the Civil Service Commission.
(d) The Chairman of the Civil Service Commission shall review each
statement of employment and financial interests and any amendment
thereto submitted under this section and shall report to the Counsel to
the President any information contained in a statement which may
indicate a conflict between the financial interests of the Member
concerned and the performance of his services for the Government.
Sec. 100.735-32 Special delegation of authority to the Counsel to the President.
The authority of the President under sections 205 and 208(b) of
Title 18, United States Code, to permit certain actions by an officer or
employee of the Government, including a special Government employee, for
appointment to whose position the President is responsible, reserved to
the President by section 505(c) of Executive Order 11222, is delegated
to the Counsel to the President.
PART 101--PUBLIC INFORMATION PROVISIONS OF THE ADMINISTRATIVE PROCEDURES ACT--Table of Contents
Sec.
101.1 Executive Office of the President.
101.2 Office of Management and Budget.
101.3 Office of Administration.
101.4 National Security Council.
101.5 Council on Environmental Quality.
101.6 Office of National Drug Control Policy.
101.7 Office of Science and Technology Policy.
101.8 Office of the United States Trade Representative.
Authority: 5 U.S.C. 552.
Source: 40 FR 8061, Feb. 25, 1975 and 55 FR 46067, November 1, 1990,
unless otherwise noted.
Sec. 101.1 Executive Office of the President.
Until further regulations are promulgated, the remainder of the
entities within the Executive Office of the President, to the extent
that 5 U.S.C. 552 is applicable, shall follow the procedures set forth
in the regulations applicable to the Office of Management and Budget (5
CFR Ch. III). Requests for information from these other entities should
be submitted directly to such entity.
Sec. 101.2 Office of Management and Budget.
Freedom of Information regulations for the Office of Management and
Budget appear at 5 CFR Ch. III.
Sec. 101.3 Office of Administration.
Freedom of Information regulations for the Office of Administration
appear at 5 CFR part 2502.
[55 FR 46037, Nov. 1, 1990]
Sec. 101.4 National Security Council.
Freedom of Information regulations for the National Security Council
appear at 32 CFR Ch. XXI.
Sec. 101.5 Council on Environmental Quality.
Freedom of Information regulations for the Council on Environmental
Quality appear at 40 CFR Ch. V.
[42 FR 65131, Dec. 30, 1977]
Sec. 101.6 Office of National Drug Control Policy.
Freedom of Information regulations for the Office of National Drug
Control Policy appear at 21 CFR parts 1400-1499.
[55 FR 46037, Nov. 1, 1990]
Sec. 101.7 Office of Science and Technology Policy.
Freedom of Information regulations for the Office of Science and
Technology Policy appear at 32 CFR part 2402.
[55 FR 46037, Nov. 1, 1990]
Sec. 101.8 Office of the United States Trade Representative.
Freedom of Information regulations for the Office of the United
States
[[Page 324]]
Trade Representative appear at 15 CFR part 2004.
[55 FR 46037, Nov. 1, 1990]
PART 102--ENFORCEMENT OF NONDISCRIMINATION ON THE BASIS OF HANDICAP IN PROGRAMS OR ACTIVITIES CONDUCTED BY THE EXECUTIVE OFFICE OF THE PRESIDENT--Table of Contents
Sec.
102.101 Purpose.
102.102 Application.
102.103 Definitions.
102.104-102.109 [Reserved]
102.110 Self-evaluation.
102.111 Notice.
102.112-102.129 [Reserved]
102.130 General prohibitions against discrimination.
102.131-102.139 [Reserved]
102.140 Employment.
102.141-102.148 [Reserved]
102.149 Program accessibility: Discrimination prohibited.
102.150 Program accessibility: Existing facilities.
102.151 Program accessibility: New construction and alterations.
102.152-102.159 [Reserved]
102.160 Communications.
102.161-102.169 [Reserved]
102.170 Compliance procedures.
102.171-102.999 [Reserved]
Authority: 29 U.S.C. 794.
Source: 53 FR 25879, July 8, 1988, unless otherwise noted.
Sec. 102.101 Purpose.
The purpose of this regulation is to effectuate section 119 of the
Rehabilitation, Comprehensive Services, and Developmental Disabilities
Amendments of 1978, which amended section 504 of the Rehabilitation Act
of 1973 to prohibit discrimination on the basis of handicap in programs
or activities conducted by Executive agencies or the United States
Postal Service.
Sec. 102.102 Application.
This regulation (Secs. 102.101-102.170) applies to all programs or
activities conducted by the agency, except for programs or activities
conducted outside the United States that do not involve individuals with
handicaps in the United States.
Sec. 102.103 Definitions.
For purposes of this regulation, the term--
Agency means, for purposes of this regulation only, the following
entities in the Executive Office of the President: the White House
Office, the Office of the Vice President, the Office of Management and
Budget, the Office of Policy Development, the National Security Council,
the Office of Science and Technology Policy, the Office of the United
States Trade Representative, the Council on Environmental Quality, the
Council of Economic Advisers, the Office of Administration, the Office
of Federal Procurement Policy, and any committee, board, commission, or
similar group established in the Executive Office of the President.
Agency head or head of the agency; as used in Secs. 102.150(a)(3),
102.160(d) and 102.170 (i) and (j), shall be a three-member board which
will include the Director, Office of Administration, the head of the
Executive Office of the President, agency in which the issue needing
resolution or decision arises and one other agency head selected by the
two other board members. In the event that an issue needing resolution
or decision arises within the Office of Administration, one of the board
members shall be the Director of the Office of Management and Budget.
Assistant Attorney General means the Assistant Attorney General,
Civil Rights Division, United States Department of Justice.
Auxiliary aids means services or devices that enable persons with
impaired sensory, manual, or speaking skills to have an equal
opportunity to participate in, and enjoy the benefits of, programs or
activities conducted by the agency. For example, auxiliary aids useful
for persons with impaired vision include readers, Brailled materials,
audio recordings, and other similar services and devices. Auxiliary aids
useful for persons with impaired hearing include telephone handset
amplifiers, telephones compatible with hearing aids, telecommunication
devices for deaf persons (TDD's), interpreters, notetakers, written
materials, and other similar services and devices.
[[Page 325]]
Complete complaint means a written statement that contains the
complainant's name and address and describes the agency's alleged
discriminatory action in sufficient detail to inform the agency of the
nature and date of the alleged violation of section 504. It shall be
signed by the complainant or by someone authorized to do so on his or
her behalf. Complaints filed on behalf of classes or third parties shall
describe or identify (by name, if possible) the alleged victims of
discrimination.
Facility means all or any portion of buildings, structures,
equipment, roads, walks, parking lots, rolling stock or other
conveyances, or other real or personal property.
Historic preservation programs means programs conducted by the
agency that have preservation of historic properties as a primary
purpose.
Historic properties means those properties that are listed or
eligible for listing in the National Register of Historic Places or
properties designated as historic under a statute of the appropriate
State or local government body.
Individual with handicaps means any person who has a physical or
mental impairment that substantially limits one or more major life
activities, has a record of such an impairment, or is regarded as having
such an impairment.
As used in this definition, the phrase:
(1) Physical or mental impairment includes--
(i) Any physiological disorder or condition, cosmetic disfigurement,
or anatomical loss affecting one or more of the following body systems:
Neurological; musculoskeletal; special sense organs; respiratory,
including speech organs; cardiovascular; reproductive; digestive;
genitourinary; hemic and lymphatic; skin; and endocrine; or
(ii) Any mental or psychological disorder, such as mental
retardation, organic brain syndrome, emotional or mental illness, and
specific learning disabilities. The term ``physical or mental
impairment'' includes, but is not limited to, such diseases and
conditions as orthopedic, visual, speech, and hearing impairments,
cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis,
cancer, heart disease, diabetes, mental retardation, emotional illness,
and drug addiction and alcoholism.
(2) Major life activities includes functions such as caring for
one's self, performing manual tasks, walking, seeing, hearing, speaking,
breathing, learning, and working.
(3) Has a record of such an impairment means has a history of, or
has been misclassified as having, a mental or physical impairment that
substantially limits one or more major life activities.
(4) Is regarded as having an impairment means--
(i) Has a physical or mental impairment that does not substantially
limit major life activities but is treated by the agency as constituting
such a limitation;
(ii) Has a physical or mental impairment that substantially limits
major life activities only as a result of the attitudes of others toward
such impairment; or
(iii) Has none of the impairments defined in paragraph (1) of this
definition but is treated by the agency as having such an impairment.
Qualified individual with handicaps means--
(1) With respect to preschool, elementary, or secondary education
services provided by the agency, an individual with handicaps who is a
member of a class of persons otherwise entitled by statute, regulation,
or agency policy to receive education services from the agency;
(2) With respect to any other agency program or activity under which
a person is required to perform services or to achieve a level of
accomplishment, an individual with handicaps who meets the essential
eligibility requirements and who can achieve the purpose of the program
or activity without modifications in the program or activity that the
agency can demonstrate would result in a fundamental alteration in its
nature;
(3) With respect to any other program or activity, an individual
with handicaps who meets the essential eligibility requirements for
participation in, or receipt of benefits from, that program or activity;
and
[[Page 326]]
(4) ``Qualified handicapped person'' as that term is defined for
purposes of employment in 29 CFR 1613.702(f), which is made applicable
to this regulation by Sec. 102.140.
Section 504 means section 504 of the Rehabilitation Act of 1973
(Pub. L. 93-112, 87 Stat. 394 (29 U.S.C. 794)), as amended by the
Rehabilitation Act Amendments of 1974 (Pub. L. 93-516, 88 Stat. 1617);
the Rehabilitation, Comprehensive Services, and Developmental
Disabilities Amendments of 1978 (Pub. L. 95-602, 92 Stat. 2955); and the
Rehabilitation Act Amendments of 1986 (Pub. L. 99-506, 100 Stat. 1810).
As used in this regulation, section 504 applies only to programs or
activities conducted by Executive agencies and not to federally assisted
programs.
Substantial impairment means a significant loss of the integrity of
finished materials, design quality, or special character resulting from
a permanent alteration.
Secs. 102.104--102.109 [Reserved]
Sec. 102.110 Self-evaluation.
(a) The agency shall, by September 6, 1989, evaluate its current
policies and practices, and the effects thereof, that do not or may not
meet the requirements of this regulation and, to the extent modification
of any such policies and practices is required, the agency shall proceed
to make the necessary modifications.
(b) The agency shall provide an opportunity to interested persons,
including individuals with handicaps or organizations representing
individuals with handicaps, to participate in the self-evaluation
process by submitting comments (both oral and written).
(c) The agency shall, for at least three years following completion
of the self-evaluation, maintain on file and make available for public
inspection:
(1) A description of areas examined and any problems identified; and
(2) A description of any modifications made.
Sec. 102.111 Notice.
The agency shall make available to employees, applicants,
participants, beneficiaries, and other interested persons such
information regarding the provisions of this regulation and its
applicability to the programs or activities conducted by the agency, and
make such information available to them in such manner as the head of
the agency finds necessary to apprise such persons of the protections
against discrimination assured them by section 504 and this regulation.
Secs. 102.112--102.129 [Reserved]
Sec. 102.130 General prohibitions against discrimination.
(a) No qualified individual with handicaps shall, on the basis of
handicap, be excluded from participation in, be denied the benefits of,
or otherwise be subjected to discrimination under any program or
activity conducted by the agency.
(b)(1) The agency, in providing any aid, benefit, or service, may
not, directly or through contractual, licensing, or other arrangements,
on the basis of handicap--
(i) Deny a qualified individual with handicaps the opportunity to
participate in or benefit from the aid, benefit, or service;
(ii) Afford a qualified individual with handicaps an opportunity to
participate in or benefit from the aid, benefit, or service that is not
equal to that afforded others;
(iii) Provide a qualified individual with handicaps with an aid,
benefit, or service that is not as effective in affording equal
opportunity to obtain the same result, to gain the same benefit, or to
reach the same level of achievement as that provided to others;
(iv) Provide different or separate aid, benefits, or services to
individuals with handicaps or to any class of individuals with handicaps
than is provided to others unless such action is necessary to provide
qualified individuals with handicaps with aid, benefits, or services
that are as effective as those provided to others;
(v) Deny a qualified individual with handicaps the opportunity to
participate as a member of planning or advisory boards;
[[Page 327]]
(vi) Otherwise limit a qualified individual with handicaps in the
enjoyment of any right, privilege, advantage, or opportunity enjoyed by
others receiving the aid, benefit, or service.
(2) The agency may not deny a qualified individual with handicaps
the opportunity to participate in programs or activities that are not
separate or different, despite the existence of permissibly separate or
different programs or activities.
(3) The agency may not, directly or through contractual or other
arrangements, utilize criteria or methods of administration the purpose
or effect of which would--
(i) Subject qualified individuals with handicaps to discrimination
on the basis of handicap; or
(ii) Defeat or substantially impair accomplishment of the objectives
of a program or activity with respect to individuals with handicaps.
(4) The agency may not, in determining the site or location of a
facility, make selections the purpose or effect of which would--
(i) Exclude individuals with handicaps from, deny them the benefits
of, or otherwise subject them to discrimination under any program or
activity conducted by the agency; or
(ii) Defeat or substantially impair the accomplishment of the
objectives of a program or activity with respect to individuals with
handicaps.
(5) The agency, in the selection of procurement contractors, may not
use criteria that subject qualified individuals with handicaps to
discrimination on the basis of handicap.
(6) The agency may not administer a licensing or certification
program in a manner that subjects qualified individuals with handicaps
to discrimination on the basis of handicap, nor may the agency establish
requirements for the programs or activities of licensees or certified
entities that subject qualified individuals with handicaps to
discrimination on the basis of handicap. However, the programs or
activities of entities that are licensed or certified by the agency are
not, themselves, covered by this regulation.
(c) The exclusion of nonhandicapped persons from the benefits of a
program limited by Federal statute or Executive order to individuals
with handicaps or the exclusion of a specific class of individuals with
handicaps from a program limited by Federal statute or Executive order
to a different class of individuals with handicaps is not prohibited by
this regulation.
(d) The agency shall administer programs and activities in the most
integrated setting appropriate to the needs of qualified individuals
with handicaps.
Secs. 102.131--102.139 [Reserved]
Sec. 102.140 Employment.
No qualified individual with handicaps shall, on the basis of
handicap, be subject to discrimination in employment under any program
or activity conducted by the agency. The definitions, requirements, and
procedures of section 501 of the Rehabilitation Act of 1973 (29 U.S.C.
791), as established by the Equal Employment Opportunity Commission in
29 CFR part 1613, shall apply to employment in federally conducted
programs or activities.
Sec. 102.141--102.148 [Reserved]
Sec. 102.149 Program accessibility: Discrimination prohibited.
Except as otherwise provided in Sec. 102.150, no qualified
individual with handicaps shall, because the agency's facilities are
inaccessible to or unusable by individuals with handicaps, be denied the
benefits of, be excluded from participation in, or otherwise be
subjected to discrimination under any program or activity conducted by
the agency.
Sec. 102.150 Program accessibility: Existing facilities.
(a) General. The agency shall operate each program or activity so
that the program or activity, when viewed in its entirety, is readily
accessible to and usable by individuals with handicaps. This paragraph
does not--
(1) Necessarily require the agency to make each of its existing
facilities accessible to and usable by individuals with handicaps;
(2) In the case of historic preservation programs, require the
agency to take any action that would result in a substantial impairment
of significant
[[Page 328]]
historic features of an historic property; or
(3) Require the agency to take any action that it can demonstrate
would result in a fundamental alteration in the nature of a program or
activity or in undue financial and administrative burdens. In those
circumstances where agency personnel believe that the proposed action
would fundamentally alter the program or activity or would result in
undue financial and administrative burdens, the agency has the burden of
proving that compliance with Sec. 102.150(a) would result in such
alteration or burdens. The decision that compliance would result in such
alteration or burdens must be made by the agency head or his or her
designee after considering all agency resources available for use in the
funding and operation of the conducted program or activity, and must be
accompanied by a written statement of the reasons for reaching that
conclusion. If an action would result in such an alteration or such
burdens, the agency shall take any other action that would not result in
such an alteration or such burdens but would nevertheless ensure that
individuals with handicaps receive the benefits and services of the
program or activity.
(b) Methods--(1) General. The agency may comply with the
requirements of this section through such means as redesign of
equipment, reassignment of services to accessible buildings, assignment
of aides to beneficiaries, home visits, delivery of services at
alternate accessible sites, alteration of existing facilities and
construction of new facilities, use of accessible rolling stock, or any
other methods that result in making its programs or activities readily
accessible to and usable by individuals with handicaps. The agency is
not required to make structural changes in existing facilities where
other methods are effective in achieving compliance with this section.
The agency, in making alterations to existing buildings, shall meet
accessibility requirements to the extent compelled by the Architectural
Barriers Act of 1968, as amended (42 U.S.C. 4151-4157), and any
regulations implementing it. In choosing among available methods for
meeting the requirements of this section, the agency shall give priority
to those methods that offer programs and activities to qualified
individuals with handicaps in the most integrated setting appropriate.
(2) Historic preservation programs. In meeting the requirements of
Sec. 102.150(a) in historic preservation programs, the agency shall give
priority to methods that provide physical access to individuals with
handicaps. In cases where a physical alteration to an historic property
is not required because of Sec. 102.150(a) (2) or (3), alternative
methods of achieving program accessibility include--
(i) Using audio-visual materials and devices to depict those
portions of an historic property that cannot otherwise be made
accessible;
(ii) Assigning persons to guide individuals with handicaps into or
through portions of historic properties that cannot otherwise be made
accessible; or
(iii) Adopting other innovative methods.
(c) Time period for compliance. The agency shall comply with the
obligations established under this section by November 7, 1988, except
that where structural changes in facilities are undertaken, such changes
shall be made by September 6, 1991, but in any event as expeditiously as
possible.
(d) Transition plan. In the event that structural changes to
facilities will be undertaken to achieve program accessibility, the
agency shall develop, by March 6, 1989, a transition plan setting forth
the steps necessary to complete such changes. The agency shall provide
an opportunity to interested persons, including individuals with
handicaps or organizations representing individuals with handicaps, to
participate in the development of the transition plan by submitting
comments (both oral and written). A copy of the transition plan shall be
made available for public inspection. The plan shall, at a minimum--
(1) Identify physical obstacles in the agency's facilities that
limit the accessibility of its programs or activities to individuals
with handicaps;
(2) Describe in detail the methods that will be used to make the
facilities accessible;
[[Page 329]]
(3) Specify the schedule for taking the steps necessary to achieve
compliance with this section and, if the time period of the transition
plan is longer than one year, identify steps that will be taken during
each year of the transition period; and
(4) Indicate the official responsible for implementation of the
plan.
Sec. 102.151 Program accessibility: New construction and alterations.
Each building or part of a building that is constructed or altered
by, on behalf of, or for the use of the agency shall be designed,
constructed, or altered so as to be readily accessible to and usable by
individuals with handicaps. The definitions, requirements, and standards
of the Architectural Barriers Act (42 U.S.C. 4151-4157), as established
in 41 CFR 101-19.600 to 101-19.607, apply to buildings covered by this
section.
Secs. 102.152--102.159 [Reserved]
Sec. 102.160 Communications.
(a) The agency shall take appropriate steps to ensure effective
communication with applicants, participants, personnel of other Federal
entities, and members of the public.
(1) The agency shall furnish appropriate auxiliary aids where
necessary to afford an individual with handicaps an equal opportunity to
participate in, and enjoy the benefits of, a program or activity
conducted by the agency.
(i) In determining what type of auxiliary aid is necessary, the
agency shall give primary consideration to the requests of the
individual with handicaps.
(ii) The agency need not provide individually prescribed devices,
readers for personal use or study, or other devices of a personal
nature.
(2) Where the agency communicates with applicants and beneficiaries
by telephone, telecommunication devices for deaf persons (TDD's) or
equally effective telecommunication systems shall be used to communicate
with persons with impaired hearing.
(b) The agency shall ensure that interested persons, including
persons with impaired vision or hearing, can obtain information as to
the existence and location of accessible services, activities, and
facilities.
(c) The agency shall provide signage at a primary entrance to each
of its inaccessible facilities, directing users to a location at which
they can obtain information about accessible facilities. The
international symbol for accessibility shall be used at each primary
entrance of an accessible facility.
(d) This section does not require the agency to take any action that
it can demonstrate would result in a fundamental alteration in the
nature of a program or activity or in undue financial and administrative
burdens. In those circumstances where agency personnel believe that the
proposed action would fundamentally alter the program or activity or
would result in undue financial and administrative burdens, the agency
has the burden of proving that compliance with Sec. 102.160 would result
in such alteration or burdens. The decision that compliance would result
in such alteration or burdens must be made by the agency head or his or
her designee after considering all agency resources available for use in
the funding and operation of the conducted program or activity and must
be accompanied by a written statement of the reasons for reaching that
conclusion. If an action required to comply with this section would
result in such an alteration or such burdens, the agency shall take any
other action that would not result in such an alteration or such burdens
but would nevertheless ensure that, to the maximum extent possible,
individuals with handicaps receive the benefits and services of the
program or activity.
Secs. 102.161--102.169 [Reserved]
Sec. 102.170 Compliance procedures.
(a) Except as provided in paragraph (b) of this section, this
section applies to all allegations of discrimination on the basis of
handicap in programs and activities conducted by the agency.
(b) The agency shall process complaints alleging violations of
section 504 with respect to employment according to the procedures
established by the Equal Employment Opportunity
[[Page 330]]
Commission in 29 CFR part 1613 pursuant to section 501 of the
Rehabilitation Act of 1973 (29 U.S.C. 791).
(c) The Director, Facilities Management, Office of Administration,
Executive Office of the President, shall be responsible for coordinating
implementation of this section. Complaints may be sent to the Director
at the following address: Room 486, Old Executive Office Building, 17th
and Pennsylvania Ave. NW., Washington, DC 20500.
(d) The agency shall accept and investigate all complete complaints
for which it has jurisdiction. All complete complaints must be filed
within 180 days of the alleged act of discrimination. The agency may
extend this time period for good cause.
(e) If the agency receives a complaint over which it does not have
jurisdiction, it shall promptly notify the complainant and shall make
reasonable efforts to refer the complaint to the appropriate Government
entity.
(f) The agency shall notify the Architectural and Transportation
Barriers Compliance Board upon receipt of any complaint alleging that a
building or facility that is subject to the Architectural Barriers Act
of 1968, as amended (42 U.S.C. 4151-4157), is not readily accessible to
and usable by individuals with handicaps.
(g) Within 180 days of the receipt of a complete complaint for which
it has jurisdiction, the agency shall notify the complainant of the
results of the investigation in a letter containing--
(1) Findings of fact and conclusions of law;
(2) A description of a remedy for each violation found; and
(3) A notice of the right to appeal.
(h) Appeals of the findings of fact and conclusions of law or
remedies must be filed by the complainant within 90 days of receipt from
the agency of the letter required by Sec. 102.170(g). The agency may
extend this time for good cause.
(i) Timely appeals shall be accepted and processed by the head of
the agency.
(j) The head of the agency shall notify the complainant of the
results of the appeal within 60 days of the receipt of the request. If
the head of the agency determines that additional information is needed
from the complainant, he or she shall have 60 days from the date of
receipt of the additional information to make his or her determination
on the appeal.
(k) The time limits cited in paragraphs (g) and (j) of this section
may be extended with the permission of the Assistant Attorney General.
(l) The agency may delegate its authority for conducting complaint
investigations to other Federal agencies, except that the authority for
making the final determination may not be delegated to another agency.
Secs. 102.171--102.999 [Reserved]
[[Page 331]]
TITLE 3 FINDING AIDS
________________________________________________________________________
Table 1--Proclamations
Table 2--Executive Orders
Table 3--Other Presidential Documents
Table 4--Presidential Documents Affected During 1997
Table 5--Statutes Cited as Authority for Presidential Documents
List of CFR Sections Affected
Index
[[Page 333]]
Table 1--PROCLAMATIONS
------------------------------------------------------------------------
63 FR
No. Signature Date Subject Page
------------------------------------------------------------------------
1998......................
7062 Jan. 14................... Suspension of Entry as 2871
Immigrants and
Nonimmigrants of Persons
Who Are Members of the
Military Junta in Sierra
Leone and Members of Their
Families.
7063 Jan. 15................... Religious Freedom Day, 1998 3243
7064 Jan. 16................... Martin Luther King, Jr., 3245
Federal Holiday, 1998.
7065 Jan. 28................... Year of the Ocean, 1998.... 4553
7066 Jan. 30................... American Heart Month, 1998. 5717
7067 Jan. 30................... National African American 5719
History Month, 1998.
7068 Feb. 26................... Save Your Vision Week, 1998 10289
7069 Feb. 27................... American Red Cross Month, 10487
1998.
7070 Feb. 27................... Irish-American Heritage 10489
Month, 1998.
7071 Mar. 2.................... Women's History Month, 1998 10741
7072 Mar. 5.................... National Older Workers 11983
Employment Week, 1998.
7073 Mar. 12................... National Poison Prevention 12973
Week, 1998.
7074 Mar. 12................... Greek Independence Day: A 12975
National Day of
Celebration of Greek and
American Democracy, 1998.
7075 Mar. 31................... Cancer Control Month, 1998. 16385
7076 Apr. 1.................... National Child Abuse 16667
Prevention Month, 1998.
7077 Apr. 2.................... National Equal Pay Day, 16875
1998.
7078 Apr. 7.................... Education and Sharing Day, 17307
U.S.A., 1998.
7079 Apr. 9.................... National Former Prisoner of 18111
War Recognition Day, 1998.
7080 Apr. 9.................... National D.A.R.E. Day, 1998 18115
7081 Apr. 10................... Pan American Day and Pan 18811
American Week, 1998.
7082 Apr. 15................... National Recall Round-Up 19167
Day, 1998.
7083 Apr. 17................... National Organ and Tissue 19795
Donor Awareness Week, 1998.
7084 Apr. 20................... National Crime Victims' 20051
Rights Week, 1998.
7085 Apr. 21................... National Volunteer Week, 20293
1998.
7086 Apr. 22................... National Park Week, 1998... 20511
7087 Apr. 24................... Jewish Heritage Week, 1998. 23369
7088 Apr. 29................... National Day of Prayer, 24383
1998.
7089 Apr. 30................... Asian/Pacific American 25145
Heritage Month, 1998.
7090 May 1..................... Law Day, U.S.A., 1998...... 25147
7091 May 1..................... Loyalty Day, 1998.......... 25149
7092 May 4..................... Older Americans Month, 1998 25151
7093 May 7..................... Mother's Day, 1998......... 26415
7094 May 8..................... National Defense 26711
Transportation Day and
National Transportation
Week, 1998.
7095 May 12.................... Peace Officers Memorial Day 27191
and Police Week, 1998.
7096 May 14.................... National Safe Boating Week, 27663
1998.
7097 May 15.................... World Trade Week, 1998..... 27813
7098 May 21.................... National Maritime Day, 1998 28887
[[Page 334]]
7099 May 22.................... Prayer for Peace, Memorial 28889
Day, 1998.
7100 May 29.................... Death of Barry M. Goldwater 30099
7101 May 29.................... National Alternative Fuels 30101
Week, 1998.
7102 May 29.................... Small Business Week, 1998.. 30103
7103 May 30.................... To Facilitate Positive 30359
Adjustment to Competition
From Imports of Wheat
Gluten.
7104 June 5.................... National Homeownership 31591
Week, 1998.
7105 June 12................... Flag Day and National Flag 33229
Week, 1998.
7106 June 17................... Father's Day, 1998......... 33833
7107 June 30................... To Modify Duty-Free 36531
Treatment Under the
Generalized System of
Preferences.
7108 July 13................... 50th Anniversary of the 38073
Integration of the Armed
Services, 1998.
7109 July 20................... Captive Nations Week, 1998. 39475
7110 July 24................... National Korean War 40353
Veterans Armistice Day,
1998.
7111 July 24................... Parents' Day, 1998......... 40355
7112 July 30................... Designation of American 41949
Heritage Rivers.
7113 July 31................... To Implement an Accelerated 41951
Schedule of Duty
Elimination Under the
North American Free Trade
Agreement.
7114 Aug. 5.................... Designating Klondike Gold 42563
Rush International
Historical Park.
7115 Aug. 7.................... Victims of the Bombing 43061
Incidents in Africa.
7116 Aug. 20................... Women's Equality Day, 1998. 45165
7117 Aug. 25................... Death of Lewis F. Powell, 45931
Jr..
7118 Sept. 9................... America Goes Back to 49261
School, 1998.
7119 Sept. 10.................. Minority Enterprise 49263
Development Week, 1998.
7120 Sept. 12.................. Ovarian Cancer Awareness 49411
Week, 1998.
7121 Sept. 15.................. National Hispanic Heritage 49815
Month, 1998.
7122 Sept. 15.................. National Historically Black 49817
Colleges and Universities
Week, 1998.
7123 Sept. 16.................. Citizenship Day and 50449
Constitution Week, 1998.
7124 Sept. 17.................. National POW/MIA 50459
Recognition Day, 1998.
7125 Sept. 18.................. To Modify Certain 50739
Provisions of the Special
Textile and Apparel Regime
Implemented Under the
North American Free Trade
Agreement.
7126 Sept. 18.................. National Farm Safety and 50743
Health Week, 1998.
7127 Sept. 25.................. Gold Star Mother's Day, 52129
1998.
7128 Sept. 29.................. National Disability 52957
Employment Awareness
Month, 1998.
7129 Sept. 30.................. National Domestic Violence 53271
Awareness Month, 1998.
7130 Oct. 1.................... National Breast Cancer 53541
Awareness Month, 1998.
7131 Oct. 2.................... Fire Prevention Week, 1998. 53777
7132 Oct. 5.................... Child Health Day, 1998..... 54027
7133 Oct. 5.................... German-American Day, 1998.. 54029
7134 Oct. 7.................... National Day of Concern 54551
About Young People and Gun
Violence, 1998.
7135 Oct. 8.................... Leif Erikson Day, 1998..... 55309
7136 Oct. 9.................... Columbus Day, 1998......... 55311
7137 Oct. 9.................... National School Lunch Week, 55315
1998.
7138 Oct. 9.................... General Pulaski Memorial 55317
Day, 1998.
7139 Oct. 9.................... National Children's Day, 55319
1998.
[[Page 335]]
7140 Oct. 15................... White Cane Safety Day, 1998 55935
7141 Oct. 16................... National Character Counts 56073
Week, 1998.
7142 Oct. 16................... National Forest Products 56075
Week, 1998.
7143 Oct. 23................... United Nations Day, 1998... 57889
7144 Oct. 29................... National American Indian 59199
Heritage Month, 1998.
7145 Oct. 29................... National Adoption Month, 59203
1998.
7146 Nov. 9.................... Veterans Day, 1998......... 63121
7147 Nov. 17................... National Farm-City Week, 64405
1998.
7148 Nov. 17................... Thanksgiving Day, 1998..... 64407
7149 Nov. 19................... National Great American 64839
Smokeout Day, 1998.
7150 Nov. 20................... World Fisheries Day, 1998.. 65511
7151 Nov. 20................... National Family Caregivers 65513
Week, 1998.
7152 Nov. 20................... National Family Week, 1998. 65515
7153 Dec. 1.................... World AIDS Day, 1998....... 66977,
67724
7154 Dec. 3.................... To Terminate Temporary 67761
Duties on Imports of Broom
Corn Brooms.
7155 Dec. 4.................... National Drunk and Drugged 67765
Driving Prevention Month,
1998.
7156 Dec. 4.................... National Pearl Harbor 67767
Remembrance Day, 1998.
7157 Dec. 7.................... Death of Albert Gore, Sr... 68149
7158 Dec. 10................... Human Rights Day, Bill of 68989
Rights Day, and Human
Rights Week, 1998.
7159 Dec. 11................... National Children's 69173
Memorial Day, 1998.
7160 Dec. 17................... Wright Brothers Day, 1998.. 70629
7161 Dec. 23................... Extending United States 71571
Copyright Protections to
the Works of the Socialist
Republic of Vietnam.
------------------------------------------------------------------------
[[Page 337]]
Table 2--EXECUTIVE ORDERS
------------------------------------------------------------------------
63 FR
No. Signature Date Subject Page
------------------------------------------------------------------------
1998......................
13072 Feb. 2.................... White House Millennium 6041
Council.
13073 Feb. 4.................... Year 2000 Conversion....... 6467
13074 Feb. 9.................... Amendment to Executive 7277
Order 12656.
13075 Feb. 19................... Special Oversight Board for 9085
Department of Defense
Investigations of Gulf War
Chemical and Biological
Incidents.
13076 Feb. 24................... Ordering the Selected 9719
Reserve of the Armed
Forces to Active Duty.
13077 Mar. 10................... Further Amendment to 12381
Executive Order 13010,
Critical Infrastructure
Protection.
13078 Mar. 13................... Increasing Employment of 13111
Adults With Disabilities.
13079 Apr. 7.................... Waiver Under the Trade Act 17309
of 1974 With Respect to
Vietnam.
13080 Apr. 7.................... American Heritage Rivers 17667
Initiative Advisory
Committee.
13081 Apr. 30................... Amendment to Executive 24385
Order No. 13038, Advisory
Committee on Public
Interest Obligations of
Digital Television
Broadcasters.
13082 May 8..................... Joint Mexican-United States 26709
Defense Commission.
13083 May 14.................... Federalism................. 27651
13084 May 14.................... Consultation and 27655
Coordination With Indian
Tribal Governments.
13085 May 26.................... Establishment of the 29335
Enrichment Oversight
Committee.
13086 May 27.................... 1998 Amendments to the 30065
Manual for Courts-Martial,
United States.
13087 May 28.................... Further Amendment to 30097
Executive Order 11478,
Equal Employment
Opportunity in the Federal
Government.
13088 June 9.................... Blocking Property of the 32109
Governments of the Federal
Republic of Yugoslavia
(Serbia and Montenegro),
the Republic of Serbia,
and the Republic of
Montenegro, and
Prohibiting New Investment
in the Republic of Serbia
in Response to the
Situation in Kosovo.
13089 June 11................... Coral Reef Protection...... 32701
13090 June 29................... President's Commission on 36151
the Celebration of Women
in American History.
13091 June 29................... Administration of Arms 36153
Export Controls and
Foreign Assistance.
13092 July 24................... President's Information 40167
Technology Advisory
Committee, Amendments to
Executive Order 13035.
13093 July 27................... American Heritage Rivers, 40357
Amending Executive Orders
13061 and 13080.
[[Page 338]]
13094 July 28................... Proliferation of Weapons of 40803
Mass Destruction.
13095 Aug. 5.................... Suspension of Executive 42565
Order 13083.
13096 Aug. 6.................... American Indian and Alaska 42681
Native Education.
13097 Aug. 7.................... Interparliamentary Union... 43065
13098 Aug. 18................... Blocking Property of UNITA 44771
and Prohibiting Certain
Transactions With Respect
to UNITA.
13099 Aug. 20................... Prohibiting Transactions 45167
With Terrorists Who
Threaten To Disrupt the
Middle East Peace Process.
13100 Aug. 25................... President's Council on Food 45661
Safety.
13101 Sept. 14.................. Greening the Government 49643
Through Waste Prevention,
Recycling, and Federal
Acquisition.
13102 Sept. 25.................. Further Amendment to 52125
Executive Order 13038,
Advisory Committee on
Public Interest
Obligations of Digital
Television Broadcasters.
13103 Sept. 30.................. Computer Software Piracy... 53273
13104 Oct. 19................... Amendment to Executive 56535
Order 13021, Tribal
Colleges and Universities.
13105 Nov. 2.................... Open Enrollment Season for 60201
Participants in the
Foreign Service Retirement
and Disability System and
the Central Intelligence
Agency Retirement and
Disability System.
13106 Dec. 7.................... Adjustments of Certain 68151
Rates of Pay and
Delegation of a Federal
Pay Administration
Authority.
13107 Dec. 10................... Implementation of Human 68991
Rights Treaties.
13108 Dec. 11................... Further Amendment to 69175
Executive Order 13037,
Commission To Study
Capital Budgeting.
13109 Dec. 17................... Half-Day Closing of 70631
Executive Departments and
Agencies of the Federal
Government on Thursday,
December 24, 1998.
------------------------------------------------------------------------
[[Page 339]]
Table 3--OTHER PRESIDENTIAL DOCUMENTS
------------------------------------------------------------------------
63 FR
Signature Date Subject Page
------------------------------------------------------------------------
1998
Jan. 2................... Notice: Continuation of Libyan 653
Emergency.
Jan. 6................... Presidential Determination No. 98- 3635
9: Designation of Argentina as a
Major Non-NATO Ally.
Jan. 12.................. Presidential Determination No. 98- 3447
10: Certification Pursuant to
Section (b)(1) of Public Law 99-
183 and to Section 902(a)(6)(B)
of Public Law 101-246.
Jan. 21.................. Notice: Continuation of Emergency 3445
Regrading Terrorists Who Threaten
To Disrupt the Middle East Peace
Process.
Jan. 28.................. Presidential Determination No. 98- 6469
12: Determination Pursuant to
Section 523 of the Foreign
Operations, Export Financing, and
Related Programs Appropriations
Act, 1998 (Public Law 105-118).
Jan. 30.................. Presidential Determination No. 98- 5857
13: Renewal of Trade Agreement
With the People's Republic of
China.
Feb. 3................... Message to Congress transmitting 7004
budget rescissions and deferrals.
Feb. 9................... Presidential Determination No. 98- 9399
14: U.S. Contribution to the
Korean Peninsula Energy
Development Organization (KEDO).
Feb. 20.................. Message to Congress transmitting 10076
budget rescissions and deferrals.
Feb. 25.................. Notice: Continuation of the 9923
National Emergency Relating to
Cuba and of the Emergency
Authority Relating to the
Regulation of the Anchorage and
Movement of Vessels.
Feb. 26.................. Presidential Determination No. 98- 12937
15: Certification for Major
Illicit Drug Producing and Drug
Transit Countries.
Mar. 4................... Notice: Continuation of Iran 11099
Emergency.
Mar. 4................... Presidential Determination No. 98- 13109
16: Vietnamese Cooperation in
Accounting for United States
Prisoners of War and Missing in
Action (POW/MIA).
Mar. 5................... Memorandum: Delegation of 12377
Authority With Respect to
Reporting Obligations Regarding
Counterterrorism and
Antiterrorism Programs and
Activities.
Mar. 9................... Presidential Determination No. 98- 14329
17: Presidential Determination on
Section 402(c)(2)(A) of the Trade
Act of 1974--Vietnam.
Mar. 9................... Presidential Determination No. 98- 14331
18: Presidential Determination
Under Subsection 2(b)(2)(D) of
the Export-Import Bank Act of
1945, as Amended--Vietnam.
Mar. 13.................. Presidential Determination No. 98- 14019
19: Military Drawdown for Jordan.
Apr. 3................... Presidential Determination No. 98- 18815
20: Use of Nonproliferation, Anti-
Terrorism, Demining and Related
Programs Account Funds for the
U.S. Contribution to the Korean
Peninsula Energy Development
Organization (KEDO).
[[Page 340]]
Apr. 28.................. Presidential Determination No. 98- 26419
21: Presidential Determination on
the Proposed Agreement for
Cooperation Between the United
States of America and Ukraine
Concerning Peaceful Uses of
Nuclear Energy.
May 13................... Presidential Determination No. 98- 27665
22: Sanctions Against India for
Detonation of a Nuclear Explosive
Device.
May 18................... Notice: Continuation of Emergency 27661
With Respect to Burma.
May 23................... Presidential Determination No. 98- 30365
23: Assistance Program for the
Government of the Russian
Federation.
May 28................... Notice: Continuation of Emergency 29527
With Respect to the Federal
Republic of Yugoslavia (Serbia
and Montenegro) and the Bosnian
Serbs.
May 29................... Presidential Determination No. 98- 31879
24: Determination Pursuant to
Section 2(c)(1) of the Migration
and Refugee Assistance Act of
1962, as Amended.
May 30................... Memorandum: Action Under Section 30363
203 of the Trade Act of 1974
Concerning Wheat Gluten.
May 30................... Presidential Determination No. 98- 31881
25: Sanctions Against Pakistan
for Detonation of a Nuclear
Explosive Device.
June 1................... Memorandum: Plain Language in 31885
Government Writing.
June 3................... Presidential Determination No. 98- 32705
26: Determination Under Section
402(d)(1) of the Trade Act of
1974, as Amended--Continuation of
Waiver Authority.
June 3................... Presidential Determination No. 98- 32707
27: Determination Under
Subsection 402(d)(1) of the Trade
Act of 1974, as Amended--
Continuation of Waiver Authority.
June 3................... Presidential Determination No. 98- 32709
28: Determination Under
Subsection 402(d)(1) of the Trade
Act of 1974, as Amended--
Continuation of Waiver Authority.
June 3................... Presidential Determination No. 98- 32711
29: Waiver and Certification of
Statutory Provisions Regarding
the Palestine Liberation
Organization.
June 15.................. Presidential Determination No. 98- 34255
30: Report to Congress Regarding
Conditions in Burma and U.S.
Policy Toward Burma.
June 19.................. Presidential Determination No. 98- 36149
31: Presidential Determination on
U.S. Assistance to the Korean
Peninsula Energy Development
Organization (KEDO).
July 8................... Memorandum: Delegation of 38277
Authority Under Section 1406(b)
of the National Defense
Authorization Act for Fiscal Year
1998.
July 15.................. Presidential Determination No. 98- 39695
33: Presidential Determination on
the Proposed Agreement for
Cooperation Between the
Government of the United States
of America and the Government of
Romania Concerning Peaceful Uses
of Nuclear Energy.
July 24.................. Message to Congress transmitting 41303
budget rescissions and deferrals.
July 28.................. Notice: Continuation of Iraqi 41175
Emergency.
Aug. 13.................. Notice: Continuation of Emergency 44121
Regarding Export Control
Regulations.
Sept. 9.................. Presidential Determination No. 98- 50453
34: Determination Pursuant to
Section 2(c)(1) of the Migration
and Refugee Assistance Act of
1962, as Amended.
[[Page 341]]
Sept. 11................. Presidential Determination No. 98- 50455
35: Extension of the Exercise of
Certain Authorities Under the
Trading With the Enemy Act.
Sept. 23................. Notice: Continuation of Emergency 51509
With Respect to UNITA.
Sept. 25................. Presidential Determination No. 98- 56921
36: Presidential Determination on
Classified Information Concerning
the Air Force's Operating
Location Near Groom Lake, Nevada.
Sept. 29................. Presidential Determination No. 98- 54031
37: Use of $10 Million in
Nonproliferation, Anti-Terrorism,
Demining and Related Programs
Account Funds and $5 Million in
Economic Support Funds for a U.S.
Contribution to the Korean
Peninsula Development
Organization (KEDO).
Sept. 29................. Presidential Determination No. 98- 54033
38: Presidential Determination
Pursuant to Section 582(a) of the
Foreign Operations, Export
Financing, and Related Programs
Appropriations Act, 1998, on
Withholding Assistance to the
Government of Chad.
Sept. 30................. Presidential Determination No. 98- 55001
39: Presidential Determination on
FY 1999 Refugee Admissions
Numbers and Authorizations of In-
Country Refugee Status Pursuant
to Sections 207 and 101(a)(42),
Respectively, of the Immigration
and Nationality Act, and
Determination Pursuant to Section
2(b)(2) of the Migration and
Refugee Assistance Act, as
Amended.
Sept. 30................. Presidential Determination No. 98- 55003
40: Transfer of Funds To Support
Court To Try Accused Perpetrators
of Pan Am 103 Bombing.
Sept. 30................. Presidential Determination No. 98- 54035
41: Drawdrawn Under Section
506(a)(2) of the Foreign
Assistance Act To Provide
Counternarcotics Assistance to
Bolivia, Brazil, Colombia,
Dominican Republic, Ecuador,
Guatemala, Honduras, Jamaica,
Mexico, Peru, Trinidad and
Tobago, and the Countries of the
Eastern Caribbean.
Oct. 19.................. Notice: Continuation of Emergency 56079
With Respect to Significant
Narcotics Traffickers Centered in
Colombia.
Oct. 21.................. Presidential Determination No. 99- 59201
1: Determination To Waive
Requirements Relating to Blocked
Property of Terrorist-List States.
Oct. 22.................. Message to Congress transmitting 63949
budget rescissions and deferrals.
Oct. 27.................. Memorandum: Report to the Congress 63123
Regarding Conditions in Burma and
U.S. Policy Toward Burma.
Oct. 27.................. Notice: Continuation of Emergency 58617
With Respect to Sudan.
Nov. 6................... Presidential Determination No. 99- 64169
3: Drawdown Under Section
506(a)(2)(A)(i)(II) of the
Foreign Assistance Act of 1961,
as Amended To Provide Emergency
Disaster Relief Assistance for
Honduras, Nicaragua, El Salvador,
and Guatemala.
Nov. 9................... Notice: Continuation of Iran 63125
Emergency.
Nov. 12.................. Notice: Continuation of Emergency 63589
Regarding Weapons of Mass
Destruction.
[[Page 342]]
Nov. 14.................. Presidential Determination No. 99- 65995
4: Drawdown Under Section
506(a)(2)(A)(i)(II) of the
Foreign Assistance Act To Provide
Emergency Disaster Relief
Assistance for Honduras,
Nicaragua, El Salvador, and
Guatemala.
Nov. 16.................. Memorandum: Delegation of 65997
Authority Under Section 5(d)(2)
of the International Anti-Bribery
and Fair Competition Act of 1998.
Nov. 25.................. Presidential Determination No. 99- 68145,
5: Waiver and Certification of 68829
Statutory Provisions Regarding
the Palestine Liberation
Organization.
Dec. 8................... Presidential Determination No. 99- 70309
8: Assistance Program for the New
Independent States of the Former
Soviet Union.
------------------------------------------------------------------------
------------------------------------------------------------------------
64 FR
Signature Date Subject Page
------------------------------------------------------------------------
1998
Dec. 24.................. Presidential Determination No. 99- 983
9: Use of $12 Million in Economic
Support Funds for a U.S.
Contribution to the Korean
Peninsula Development
Organization (KEDO).
Dec. 30.................. Notice: Continuation of Libyan 383
Emergency.
------------------------------------------------------------------------
Title 3--The President
[[Page 343]]
Table 4--PRESIDENTIAL DOCUMENTS AFFECTED DURING 1998
________________________________________________________________________
Editorial note: The following abbreviations are used in this table:
EO Executive Order
FR Federal Register
PLO Public Land Order (43 CFR, Appendix to Chapter II)
Proc. Proclamation
Pub. L. Public Law
Stat. U.S. Statutes at Large
WCPD Weekly Compilation of Presidential Documents
________________________________________________________________________
Proclamations
Date or Number
Comment
Feb. 11, 1916....See Pub. L. 105-376 (sec. 2)...........................
1191.............See Pub. L. 105-376 (sec. 2)...........................
2416.............See Pub. L. 105-321 (sec. 4)...........................
3388.............See Pub. L. 105-376 (sec. 2)...........................
3539.............See Pub. L. 105-376 (sec. 2)...........................
6636.............Terminated by Department of State Public Notice No. ...
2932 (63 FR 64139)
6641.............Modified by Proc. 7113; See Proc. 7154.................
6857.............See 63 FR 11946........................................
6867.............See Notice of Feb. 25, p. 243..........................
6961.............See Proc. 7154.........................................
6969.............See Proc. 7154.........................................
7107.............See Office of the U.S. Trade Representative notice (63
FR 37163)
Executive Orders
Date or Number
Comment
April 3, 1847....Revoked in part by PLO 7353 (63 FR 42061)..............
December 9, 1852.Revoked in part by PLO 7353 (63 FR 42061); PLO 7374 (63
FR 69646)
[[Page 344]]
July 2, 1910.....Revoked in part by PLO 7310 (63 FR 2260, 24189); PLO ..
7324 (63 FR 17014); PLO 7326 (63 FR 19745); PLO 7332
(63 FR 30250); PLO 7344 (63 FR 35941)
July 9, 1910.....Revoked in part by PLO 7346 (63 FR 34921)..............
July 10, 1910....Revoked in part by PLO 7324 (63 FR 17014)..............
October 29, 1910.Revoked by PLO 7328 (63 FR 25231)......................
November 23, 1911Revoked in part by PLO 7332 (63 FR 30250)..............
April 16, 1912...Revoked in part by PLO 7324 (63 FR 17014)..............
April 19, 1912...Revoked in part by PLO 7330 (63 FR 28516)..............
October 18, 1912.Revoked by PLO 7352 (63 FR 41862)......................
October 22, 1912.Revoked in part by PLO 7324 (63 FR 17014)..............
December 14, 1912Revoked by PLO 7352 (63 FR 41862)......................
December 17, 1912Revoked in part by PLO 7324 (63 FR 17014)..............
January 29, 1913.Revoked in part by PLO 7324 (63 FR 17014)..............
February 18, 1913Revoked in part by PLO 7324 (63 FR 17014)..............
May 19, 1913.....Revoked in part by PLO 7363 (63 FR 49710)..............
July 1, 1913.....Revoked in part by PLO 7324 (63 FR 17014)..............
July 10, 1913....Revoked in part by PLO 7324 (63 FR 17014)..............
July 24, 1913....Revoked in part by PLO 7330 (63 FR 28516)..............
October 22, 1913.Revoked in part by PLO 7324 (63 FR 17014)..............
January 13, 1914.Revoked in part by PLO 7324 (63 FR 17014)..............
February 25, 1914Revoked in part by PLO 7324 (63 FR 17014); Revoked by .
PLO 7355 (63 FR 45860)
March 21, 1914...Revoked in part by PLO 7330 (63 FR 28516)..............
April 21, 1914...Revoked in part by PLO 7324 (63 FR 17014)..............
February 11, 1915Revoked by PLO 7338 (63 FR 30774)......................
[[Page 345]]
February 23, 1915Revoked in part by PLO 7324 (63 FR 17014)..............
May 14, 1915.....Revoked in part by PLO 7317 (63 FR 7824)...............
February 19, 1916Revoked in part by PLO 7330 (63 FR 28516)..............
August 2, 1916...Revoked in part by PLO 7330 (63 FR 28516); PLO 7347 (63
FR 35941)
October 13, 1916.Revoked by PLO 7334 (63 FR 29426)......................
November 5, 1916.Revoked in part by PLO 7363 (63 FR 49710)..............
August 16, 1917..Revoked by PLO 7350 (63 FR 41587)......................
September 22, 191Revoked in part by PLO 7363 (63 FR 49710)..............
December 12, 1917Revoked by PLO 7327 (63 FR 29426)......................
September 10, 191Revoked in part by PLO 7324 (63 FR 17014)..............
February 25, 1919Revoked in part by PLO 7330 (63 FR 28516)..............
May 6, 1919......Revoked in part by PLO 7363 (63 FR 49710)..............
October 27, 1920.Revoked in part by PLO 7330 (63 FR 28516)..............
April 17, 1926...Revoked in part by PLO 7332 (63 FR 30250); Modified and
revoked in part by PLO 7356 (63 FR 45858)
March 9, 1927....Revoked in part by PLO 7330 (63 FR 28516)..............
February 14, 1933Revoked in part by PLO 7330 (63 FR 28516)..............
March 3, 1933....Revoked in part by PLO 7330 (63 FR 28516)..............
November 16, 1933Revoked in part by PLO 7330 (63 FR 28516)..............
June 15, 1934....Revoked in part by PLO 7330 (63 FR 28516)..............
1819.............See Department of the Interior notice (63 FR 32676)....
5327.............See Bureau of Land Management notice (63 FR 46803).....
5907.............Modified and revoked in part by PLO 7364 (63 FR 49710).
6582.............Revoked by Pub. L. 105-312 (sec. 203)..................
6614.............See Pub. L. 105-225 (sec. 2111)........................
7523.............See Pub. L. 105-321 (sec. 4)...........................
[[Page 346]]
7722.............Revoked in part by PLO 7369 (63 FR 58064)..............
7895.............See Pub. L. 105-321 (sec. 4)...........................
8152.............Revoked by Pub. L. 105-312 (sec. 204)..................
8648.............Revoked by Pub. L. 105-312 (sec. 203)..................
9080.............Amended by EO 13082....................................
9981.............See Proc. 7108; Pub. L. 105-355 (sec. 302).............
10057............See Pub. L. 105-225 (sec. 2111)........................
10087............See Pub. L. 105-225 (sec. 2111)........................
10692............See EO 13082...........................................
11246............See Department of the Interior notice (63 FR 60380)....
11478............Amended by EO 13087....................................
11958............Amended by EO 13091....................................
12163............Amended by EO 13091; Revoked in part by Pub. L. 105-277
(sec. 1422)
12170............See Notice of Nov. 9, p. 304...........................
12377............See EO 13082...........................................
12473............Amended by EO 13086....................................
12484............See EO 13086...........................................
12543............See Notices of Jan. 2, p. 239; Dec. 30, p. 307.........
12544............See Notices of Jan. 2, p. 239; Dec. 30, p. 307.........
12550............See EO 13086...........................................
12586............See EO 13086...........................................
12612............Revoked by EO 13083....................................
12656............Amended by EO 13074....................................
12708............See EO 13086...........................................
12722............See Notice of July 28, p. 294..........................
12724............See Notice of July 28, p. 294..........................
12748............Amended by EO 13106....................................
12767............See EO 13086...........................................
12808............See Notice of May 28, p. 285...........................
12810............See Notice of May 28, p. 285...........................
12831............See Notice of May 28, p. 285...........................
12843............See EO 13101...........................................
12845............See EO 13101...........................................
12846............See Notice of May 28, p. 285...........................
12856............See EO 13101...........................................
12865............See EO 13098; Notice of Sept. 23, p. 296...............
12866............Supplemented by EO's 13083, 13084......................
12873............Revoked by EO 13101....................................
12875............Revoked by EO 13083....................................
[[Page 347]]
12884............Revoked in part by Pub. L. 105-277 (sec. 1422).........
12888............See EO 13086...........................................
12902............See EO 13101...........................................
12924............See Notice of Aug. 13, p. 294..........................
12934............See Notice of May 28, p. 285...........................
12936............See EO 13086...........................................
12938............Amended by EO 13094; See Notice of Nov. 12, p. 305.....
12947............Amended by EO 13099; See Notice of Jan. 21, p. 241.....
12957............See Notice of Mar. 4, p. 276...........................
12959............See Notice of Mar. 4, p. 276...........................
12960............See EO 13086...........................................
12969............See EO 13101...........................................
12978............See Notice of Oct. 19, p. 301..........................
12988............Supplemented by EO's 13083, 13084; See Pub. L. 105-156
(sec. 4)
13010............Amended by EO 13077....................................
13011............See EO 13103...........................................
13021............Amended by EO 13104....................................
13031............See EO 13101...........................................
13035............Amended by EO 13092....................................
13037............Amended by EO 13108....................................
13038............Amended by EO's 13081, 13102...........................
13047............See Notice of May 18, p. 281...........................
13059............See Notice of Mar. 4, p. 276...........................
13061............Amended by EO 13093; See Proc. 7112....................
13067............See Notice of Oct. 27, p. 303..........................
13069............See Notice of Sept. 23, p. 296.........................
13071............Superseded by EO 13106.................................
13080............Amended by EO 13093; See Proc. 7112....................
13083............Suspended by EO 13095; See EO 13084; Pub. L. 105-276 ..
(sec. 425)
13084............See EO 13083...........................................
13093............See Proc. 7112.........................................
13096............See Department of Education notice (63 FR 52246).......
13098............See Notice of Sept. 23, p. 296.........................
Other Presidential Documents
Date or Number
Comment
Memorandum of AprSupplemented by EO 13084...............................
Memorandum of AugSee GSA notice (63 FR 10631)...........................
Memorandum of JulSee EPA final rule (63 FR 57364).......................
[[Page 348]]
Presidential DeteAmended by Presidential Determination No. 98-32 (WCPD,
Vol. 34, No. 26, p. 1181)
Presidential DeteSee Presidential Determination No. 98-32 (WCPD, Vol. ..
34, No. 26, p. 1181)
Presidential DeteRevoked by Presidential Determination No. 98-32 (WCPD,
Vol. 34, No. 26, p. 1181)
Presidential DeteSee Notice of May 28, p. 285...........................
Presidential DeteSee Presidential Determination No. 98-35, p. 295.......
Presidential DeteSee Department of the Air Force notice (63 FR 56921)...
Reorganization PlRevoked by Pub. L. 105-277 (sec. 1422).................
Title 3--The President
[[Page 349]]
Table 5--STATUTES CITED AS AUTHORITY FOR PRESIDENTIAL DOCUMENTS
________________________________________________________________________
Editorial note: Statutes which were cited as authority for the issuance
of Presidential documents contained in this volume are listed under one
of these headings. For authority cites for hortatory proclamations, see
the text of each proclamation:
United States Code
United States Statutes at Large
Public Laws
Short Title of Act
Citations have been set forth in the style in which they appear in the
documents. Since the form of citations varies from document to document,
users of this table should search under all headings for pertinent
references.
________________________________________________________________________
United States Code
U.S. Code Citation Presidential Document
2 U.S.C. 31.................. EO 13106
3 U.S.C. 104................. EO 13106
3 U.S.C. 301................. Procs. 7103, 7125; EO's 13088, 13091,
13094, 13098, 13099; Memorandums of Mar.
5, p. 278; July 8, p. 293; Nov. 16, p.
306
5 U.S.C. 5303(a)............. EO 13106
5 U.S.C. 5304................ EO 13106
5 U.S.C. 5312-5318........... EO 13106
5 U.S.C. 5332(a)............. EO 13106
5 U.S.C. 5382................ EO 13106
5 U.S.C. App................. EO's 13075, 13080, 13090, 13104
8 U.S.C. 1101(a)(42), 1157, Presidential Determination No. 98-39, p.
1158, 1159(b). 298
8 U.S.C. 1182(f), 1185....... Proc. 7062
10 U.S.C. 121, 12304......... EO 13076
10 U.S.C. 801-946............ EO 13086
16 U.S.C. 1 et seq........... EO 13089
16 U.S.C. 668dd-ee........... EO 13089
16 U.S.C. 1431 et seq........ EO 13089
16 U.S.C. 1451 et seq........ EO 13089
16 U.S.C. 1801 et seq........ EO 13089
17 U.S.C. 104(b)(5), 104A(g). Proc. 7161
19 U.S.C. 2252............... Proc. 7154
19 U.S.C. 2253............... Proc. 7103; Memorandum of May 30, p. 287
[[Page 350]]
19 U.S.C. 2254............... Proc. 7154
19 U.S.C. 2432(c)(2)......... EO 13079; Presidential Determination No.
98-17, p. 279
19 U.S.C. 2432(d)(1)......... Presidential Determination Nos. 98-26, p.
290; 98-27, p. 290; 98-28, p. 291
19 U.S.C. 2435(b)(1)(B)...... Presidential Determination No. 98-13, p.
242
19 U.S.C. 2483............... Procs. 7103, 7107, 7113, 7154
19 U.S.C. 3331(b)............ Proc. 7113
22 U.S.C. 287................ EO 13098
22 U.S.C. 288................ EO 13097
22 U.S.C. 2318(a)(2)......... Presidential Determination Nos. 98-41, p.
300; 99-3, p. 304; 99-4, p. 305
22 U.S.C. 2364(a)(1)......... Presidential Determination Nos. 98-20, p.
280; 98-31, p. 292; 98-37, p. 297; 99-9,
p. 307
22 U.S.C. 2601(b)(2)......... Presidential Determination No. 98-39, p.
298
22 U.S.C. 2601(c)(1)......... Presidential Determination Nos. 98-24, p.
286; 98-34, p. 295
22 U.S.C. 2751 et seq........ EO 13094
22 U.S.C. 3963............... EO 13106
22 U.S.C. 4067............... EO 13105
28 U.S.C. 5, 44(d), 135, 252, EO 13106
461(a).
33 U.S.C. 1251 et seq........ EO 13089
36 U.S.C. 175................ Proc. 7115
37 U.S.C. 203(a), (c)........ EO 13106
38 U.S.C. 7306, 7404......... EO 13106
42 U.S.C. 2153(b)............ Presidential Determination Nos. 98-21, p.
280; 98-33, p. 293
42 U.S.C. 4321 et seq........ EO 13089
50 U.S.C. 435................ Presidential Determination No. 98-16, p.
277
50 U.S.C. 1601 et seq........ EO's 13088, 13094, 13098, 13099
50 U.S.C. 1622............... Notices of Jan. 2, p. 239; Jan. 21, p.
241; Feb. 25, p. 243; Mar. 4, p. 276;
May 18, p. 281; May 28, p. 285; July 28,
p. 294; Aug. 13, p. 294; Sept. 23, p.
296; Oct. 19, p. 301; Oct. 27, p. 303;
Nov. 9, p. 304; Nov. 12, p. 305; Dec.
30, p. 307
50 U.S.C. 1701 et seq........ EO's 13088, 13094, 13098, 13099
50 U.S.C. 2141............... EO 13105
50 U.S.C. App. 5(b) note..... Presidential Determination No. 98-35, p.
295
Statutes at Large
Title Presidential Document
79 Stat. 997.................... EO 13101
88 Stat. 1978................... Presidential Determination Nos. 98-26,
p. 290; 98-27, p. 290; 98-28, p. 291
Public Laws
Law Number Presidential Document
94-323....................... Proc. 7114
95-223....................... Presidential Determination No. 98-35, p.
295
99-183....................... Presidential Determination No. 98-10, p.
240
100-202...................... Presidential Determination No. 98-39, p.
298
[[Page 351]]
101-246...................... Presidential Determination No. 98-10, p.
240
102-40....................... EO 13106
102-194...................... EO 13092
104-208...................... Memorandum of Oct. 27, p. 302;
Presidential Determination No. 98-30, p.
292
105-85....................... Memorandum of Mar. 5, p. 278
105-118...................... Presidential Determination Nos. 98-12, p.
242; 98-14, p. 243; 98-19, p. 279; 98-
20, p. 280; 98-23, p. 282; 98-29, p.
291; 98-37, p. 297
105-119...................... Presidential Determination No. 98-16, p.
277
105-277...................... EO 13106; Presidential Determination Nos.
99-5, p. 306; 99-8, p. 307
Short Title of Act
Title Presidential Document
Arms Export Control Act (sec. Presidential Determination Nos. 98-22,
102(b)(1)). p. 281; 98-25, p. 288
Export-Import Bank Act of 1945 Presidential Determination No. 98-18,
(sec. 2(b)(2)(D)). p. 279
Foreign Assistance Act of 1961 ......................................
Sec. 490(b)(1)(A), (B)........ Presidential Determination No. 98-15,
p. 244
Sec. 517...................... Presidential Determination No. 98-9,
p. 240
Sec. 610(a)................... Presidential Determination No. 98-40,
p. 299
Foreign Operations, Export Presidential Determination No. 98-38,
Financing, and Related Programs p. 297
Appropriations Act, 1998 (sec.
582(a)).
North American Free Trade ......................................
Agreement Implementation Act
Secs. 103(a), 201(b).......... Proc. 7125
Secs. 311, 312................ Memorandum of May 30, p. 287
Omnibus Consolidated and Presidential Determination No. 99-1,
Emergency Supplemental p. 302
Appropriations Act, 1999.
Trade Act of 1974 ......................................
Sec. 204...................... Memorandum of May 30, p. 287
Sec. 604...................... Procs. 7107, 7125
Title V....................... Proc. 7107
[[Page 353]]
LIST OF CFR SECTIONS AFFECTED
________________________________________________________________________
Editorial note: All changes in Chapter I of this volume of the Code of
Federal Regulations which were made by documents published in the
Federal Register since January 1, 1986, are enumerated in the following
list. Entries indicate the nature of the changes effected. Page numbers
refer to Federal Register pages. The user should consult the entries for
chapters and parts as well as sections for revisions.
For the period before January 1, 1986, see the ``List of CFR Sections
Affected, 1949-1963, 1964-1972, and 1973-1985'' published in seven
separate volumes.
Presidential documents affected during 1998 are set forth in Table 4
on page 343.
________________________________________________________________________
1986-1987
3 CFR
(No regulations issued)
1988
3 CFR
53 FR
Page
Chapter I
102
Added
25879
1989
3 CFR
(No regulations issued)
1990
3 CFR
55 FR
Page
Chapter I
101
Authority citation added
46037
101.3
Revised
46037
101.6
Added
46037
101.7
Added
46037
101.8
Added
46037
1991-1998
3 CFR
(No regulations issued)
INDEX
[[Page 355]]
A
Adoption Month, National (Proc. 7145)
Advisory commission, committee, council. See other part of title
Afghanistan; narcotics control (Presidential Determination No. 98-15, p.
244)
Africa; migration and refugee assistance (Presidential Determination No. 98-
24, p. 286)
African American History Month, National (Proc. 7067)
Agriculture. See specific agricultural commodity
AIDS Day, World (Proc. 7153)
Alaska Natives. See Native Americans
Alternative Fuels Week, National (Proc. 7101)
American. See other part of title.
Angola, National Union for the Total Independence of (UNITA)
Blocking property and prohibiting certain transactions (EO 13098)
State of emergency with U.S. (Notice of Sept. 23, p. 296)
Anti-Bribery and Fair Competition Act of 1998, International; delegation of
authority (Memorandum of Nov. 16, p. 306)
Antigua and Barbuda; counternarcotics assistance (Presidential Determination
No. 98-41, p. 300)
Argentina; designation as major non-NATO ally (Presidential Determination
No. 98-9, p. 240)
Armed Forces, U.S.
See also Special observances
Courts-Martial Manual; amendments (EO 13086)
Selected reserve, ordering to active duty to Southwest Asia (EO 13076)
Arms and munitions. See Weapons
Aruba; narcotics control (Presidential Determination No. 98-15, p. 244)
Asia, Southeast; migration and refugee assistance (Presidential
Determination No. 98-24, p. 286)
Asian/Pacific American Heritage Month (Proc. 7089)
B
Bahamas; narcotics control (Presidential Determination No. 98-15, p. 244)
Barbados; counternarcotics assistance (Presidential Determination No. 98-41,
p. 300)
Belarus; Trade Act of 1974; continuation of waiver authority (Presidential
Determination No. 98-28, p. 291)
Belize; narcotics control (Presidential Determination No. 98-15, p. 244)
Bill of Rights Day (Proc. 7158)
Boards. See other part of title; Commissions, boards, committees, etc.
Bolivia
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Narcotics control (Presidential Determination No. 98-15, p. 244)
Bosnian Serbs; state of emergency with U.S. (Notice of May 28, p. 285)
Brazil
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Narcotics control (Presidential Determination No. 98-15, p. 244)
Breast Cancer Awareness Month, National (Proc. 7130)
Broom corn brooms; termination of temporary duties on imports (Proc. 7154)
Burma
Conditions and U.S. policy (Memorandum of Oct. 27, p. 302; Presidential
Determination No. 98-30, p. 292)
Narcotics control (Presidential Determination No. 98-15, p. 244)
State of emergency with U.S. (Notice of May 18, p. 281)
[[Page 356]]
C
Cambodia; narcotics control (Presidential Determination No. 98-15, p. 244)
Cancer Control Month (Proc. 7075)
Capital Budgeting, Commission To Study; amendment (EO 13108)
Captive Nations Week (Proc. 7109)
Central Intelligence Agency Retirement and Disability System; open
enrollment season (EO 13105)
Chad; withholding financial assistance (Presidential Determination No. 98-
38, p. 297)
Character Counts Week, National (Proc. 7141)
Child Abuse Prevention Month, National (Proc. 7076)
Child Health Day (Proc. 7132)
Children's Day, National (Proc. 7139)
Children's Memorial Day, National (Proc. 7159)
China
Narcotics control (Presidential Determination No. 98-15, p. 244)
Nuclear energy, certification regarding peaceful uses (Presidential
Determination No. 98-10, p. 240)
Trade Act of 1974; continuation of waiver authority (Presidential
Determination No. 98-26, p. 290)
Trade agreement; renewal (Presidential Determination No. 98-13, p. 242)
Citizenship Day (Proc. 7123)
Colombia
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Narcotics control (Presidential Determination No. 98-15, p. 244)
State of emergency with U.S. (Notice of Oct. 19, p. 301)
Columbus Day (Proc. 7136)
Commissions, boards, committees, etc.
Capital Budgeting, Commission To Study; amendment (EO 13108)
Critical Infrastructure Protection, President's Commission on; amendment
(EO 13077)
Digital Television Broadcasters, Advisory Committee on Public Interest
Obligations of; amendments (EO's 13081, 13102)
Employment of Adults with Disabilities, National Task Force on;
establishment (EO 13078)
Enrichment Oversight Committee; establishment (EO 13085)
Food Safety, President's Council on; establishment (EO 13100)
Gulf War Chemical and Biological Incidents, Special Oversight Board for
Department of Defense Investigations of; establishment (EO 13075)
Heritage Rivers Initiative Advisory Committee, American; establishment
(EO 13080)
Information Technology Advisory Committee, President's; amendments (EO
13092)
Mexican-United States Defense Commission, Joint; amendment (EO 13082)
Tribal Colleges and Universities, President's Board of Advisors on;
continuation (EO 13104)
White House Millennium Council; establishment (EO 13072)
Women in American History, President's Commission on the Celebration of;
establishment (EO 13090)
Year 2000 Conversion, President's Council on; establishment (EO 13073)
Computer software piracy (EO 13103)
Constitution Week (Proc. 7123)
Copyrights
Computer software piracy (EO 13103)
Vietnam; extending U.S. protections to works (Proc. 7161)
Courts-Martial Manual; amendments (EO 13086)
Crime Victims' Rights Week, National (Proc. 7084)
Critical Infrastructure Protection, President's Commission on; amendment (EO
13077)
Cuba; state of emergency with U.S. and vessels' regulation (Notice of Feb.
25, p. 243)
D
D.A.R.E. Day, National (Proc. 7080)
Day. See other part of title
Defense and national security; overseas emergency evacuation preparedness
(EO 13074)
Defense Authorization Act for Fiscal Year 1998, National; delegation of
authority (Memorandum of July 8, p. 293)
Defense Investigations of Gulf War Chemical and Biological Incidents,
Special Oversight Board for Department of; establishment (EO 13075)
[[Page 357]]
Defense Transportation Day, National (Proc. 7094)
Digital Television Broadcasters, Advisory Committee on Public Interest
Obligations of; amendments (EO's 13081, 13102)
Disabilities, National Task Force on Employment of Adults with;
establishment (EO 13078)
Disability Employment Awareness Month, National (Proc. 7128)
Domestic Violence Awareness Month, National (Proc. 7129)
Dominica; counternarcotics assistance (Presidential Determination No. 98-41,
p. 300)
Dominican Republic
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Narcotics control (Presidential Determination No. 98-15, p. 244)
Drunk and Drugged Driving Prevention Month, National (Proc. 7155)
E
Ecuador
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Narcotics control (Presidential Determination No. 98-15, p. 244)
Education; American Indian and Alaska Native (EO 13096)
Education and Sharing Day, U.S.A. (Proc. 7078)
El Salvador; emergency disaster relief assistance (Presidential
Determination Nos. 99-3, p. 304; 99-4, p. 305)
Emergency preparedness
Federal agency assignment (EO 13074)
Overseas emergency evacuation preparedness (EO 13074)
Employment of Adults with Disabilities, National Task Force on;
establishment (EO 13078)
Employment; equal opportunity in the Federal Government (EO 13087)
Enrichment Oversight Committee; establishment (EO 13085)
Environment
See also Special observances
Coral reef protection (EO 13089)
Heritage rivers, American
Amendments (EO 13093)
Designation (Proc. 7112)
Protection through waste prevention, recycling, and Federal acquisition
(EO 13101)
Equal opportunity. See Government agencies and employees; Special
observances
Equal Pay Day, National (Proc. 7077)
Erikson Day, Leif (Proc. 7135)
Exports. See Trade
F
Family Caregivers Week, National (Proc. 7151)
Family Week, National (Proc. 7152)
Farm-City Week, National (Proc. 7147)
Farm Safety and Health Week, National (Proc. 7126)
Father's Day (Proc. 7106)
Federal. See other part of title
Federalism
Revision (EO 13083)
Suspension (EO 13095)
Fire Prevention Week (Proc. 7131)
Fisheries Day, World (Proc. 7150)
Flag Day and National Flag Week (Proc. 7105)
Food Safety, President's Council on; establishment (EO 13100)
Foreign assistance
See also specific country; region
Administration (EO 13091)
International financial institutions and other organizations and
programs (Presidential Determination No. 98-12, p. 242)
Foreign Service Retirement and Disability System; open enrollment season (EO
13105)
Forest Products Week, National (Proc. 7142)
Former Prisoner of War Recognition Day, National (Proc. 7079)
G
Generalized System of Preferences. See Trade
German-American Day (Proc. 7133)
Gold Star Mother's Day (Proc. 7127)
Goldwater, Barry M., death (Proc. 7100)
Gore, Albert, Sr., death (Proc. 7157)
Government agencies and employees
See also Commissions, boards, committees, etc.
Central Intelligence Agency Retirement and Disability System; open
enrollment season (EO 13105)
Electronic systems, year 2000 conversion (EO 13073)
Emergency preparedness, agency assignment (EO 13074)
[[Page 358]]
Environmental protection through waste prevention, recycling, and
Federal acquisition (EO 13101)
Equal employment opportunity (EO 13087)
Federalism
Revision (EO 13083)
Suspension (EO 13095)
Foreign Service Retirement and Disability System; open enrollment season
(EO 13105)
Half-day closing on Dec. 24 (EO 13109)
Indian tribal governments, consultation and coordination (EO 13084)
Pay administration; delegation of authority (EO 13106)
Plain language in writing (Memorandum of June 1, p. 289)
Rates of pay; adjustments (EO 13106)
Greek Independence Day: A National Day of Celebration of Greek and American
Independence (Proc. 7074)
Grenada; counternarcotics assistance (Presidential Determination No. 98-41,
p. 300)
Guatemala
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Emergency disaster relief assistance (Presidential Determination Nos.
99-3, p. 304; 99-4, p. 305)
Narcotics control (Presidential Determination No. 98-15, p. 244)
Gulf War Chemical and Biological Incidents, Special Oversight Board for
Department of Defense Investigations of; establishment (EO 13075)
Gun Violence, National Day of Concern About Young People and (Proc. 7134)
H
Haiti; narcotics control (Presidential Determination No. 98-15, p. 244)
Harmonized Tariff Schedule of the U.S. (HTS). See Trade
Health and safety. See Environment; Commissions, boards, committees, etc.;
Special observances
Heart Month, American (Proc. 7066)
Heritage rivers, American
Amendments (EO 13093)
Designation (Proc. 7112)
Heritage Rivers Initiative Advisory Committee, American; establishment (EO
13080)
Hispanic Heritage Month, National (Proc. 7121)
Historically Black Colleges and Universities Week, National (Proc. 7122)
Homeownership Week, National (Proc. 7104)
Honduras
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Emergency disaster relief assistance (Presidential Determination Nos.
99-3, p. 304; 99-4, p. 305)
Hong Kong; narcotics control (Presidential Determination No. 98-15, p. 244)
Human Rights Day and Human Rights Week (Proc. 7158)
Human rights; implementation of treaties (EO 13107)
I
Immigration
See also specific country; region
Kosovo; migration and refugee assistance due to situation (Presidential
Determination No. 98-34, p. 295)
Refugee admissions to U.S. (Presidential Determination No. 98-39, p.
298)
India
Narcotics control (Presidential Determination No. 98-15, p. 244)
Nuclear device, sanctions for detonation (Presidential Determination No.
98-22, p. 281)
Indians, American. See Native Americans
Information Technology Advisory Committee, President's; amendments (EO
13092)
International. See other part of title
Interparliamentary Union; designation as international public organization
(EO 13097)
Iran
Narcotics control (Presidential Determination No. 98-15, p. 244)
State of emergency with U.S. (Notices of Mar. 4, p. 276; Nov. 9, p. 304)
Iraq; state of emergency with U.S. (Notice of July 28, p. 294)
Irish-American Heritage Month (Proc. 7070)
J
Jamaica
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
[[Page 359]]
Narcotics control (Presidential Determination No. 98-15, p. 244)
Jewish Heritage Week (Proc. 7087)
Jordan; defense drawdown (Presidential Determination No. 98-19, p. 279)
K
Kenya; bombing of U.S. Embassy in Nairobi (Proc. 7115)
King, Jr., Martin Luther, Federal Holiday (Proc. 7064)
Klondike Gold Rush International Historic Park; designation (Proc. 7114)
Korean Peninsula Energy Development Organization (KEDO); U.S. contribution
(Presidential Determination Nos. 98-14, p. 243; 98-20, p. 280; 98-31, p.
292; 98-37, p. 297; 99-9, p. 307)
Korean War Veterans Armistice Day, National (Proc. 7110)
L
Laos; narcotics control (Presidential Determination No. 98-15, p. 244)
Law Day, U.S.A. (Proc. 7090)
Libya; state of emergency with U.S. (Notices of Jan. 2, p. 239; Dec. 30, p.
307)
Loyalty Day (Proc. 7091)
M
Malaysia; narcotics control (Presidential Determination No. 98-15, p. 244)
Maritime Day, National (Proc. 7098)
Mexican-United States Defense Commission, Joint; amendment (EO 13082)
Mexico
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Narcotics control (Presidential Determination No. 98-15, p. 244)
Middle East; terrorists who threaten to disrupt the peace process
Prohibiting transactions (EO 13099)
State of emergency with U.S. (Notice of Jan. 21, p. 241)
Minority Enterprise Development Week (Proc. 7119)
Montenegro, Republic of; blocking property (EO 13088)
Mother's Day (Proc. 7093)
N
National. See other part of title
Narcotics and drugs. See specific country
Native Americans
American Indian and Alaska Native education (EO 13096)
American Indian Heritage Month, National (Proc. 7144)
Indian tribal governments, consultation and coordination (EO 13084)
Tribal Colleges and Universities, President's Board of Advisors on;
continuation (EO 13104)
Nicaragua; emergency disaster relief assistance (Presidential Determination
Nos. 99-3, p. 304; 99-4, p. 305)
Nigeria; narcotics control (Presidential Determination No. 98-15, p. 244)
North American Free Trade Agreement. See Trade
Nuclear energy
See also specific country
Enrichment Oversight Committee; establishment (EO 13085)
Nuclear weapons. See specific country
O
Ocean, Year of the (Proc. 7065)
Office. See other part of title
Older Americans Month (Proc. 7092)
Older Workers Employment Week, National (Proc. 7072)
Organ and Tissue Donor Awareness Week, National (Proc. 7083)
Ovarian Cancer Awareness Week (Proc. 7120)
P
Pakistan
Narcotics control (Presidential Determination No. 98-15, p. 244)
Nuclear device, sanctions for detonation (Presidential Determination No.
98-25, p. 288)
Palestine Liberation Organization; suspending restrictions on U.S. relations
(Presidential Determination Nos. 98-29, p. 291; 99-5, p. 306)
Pan Am 103 bombing; financial assistance for court to try accused
perpetrators (Presidential Determination No. 98-40, p. 299)
Pan American Day and Pan American Week (Proc. 7081)
Panama; narcotics control (Presidential Determination No. 98-15, p. 244)
Paraguay; narcotics control (Presidential Determination No. 98-15, p. 244)
Parents' Day (Proc. 7111)
Park Week, National (Proc. 7086)
[[Page 360]]
Peace Officers Memorial Day (Proc. 7095)
Pearl Harbor Remembrance Day, National (Proc. 7156)
Peru
Counternarcotics assistance (Presidential Determination No. 98-41, p.
300)
Narcotics control (Presidential Determination No. 98-15, p. 244)
Poison Prevention Week, National (Proc. 7073)
Police Week (Proc. 7095)
POW/MIA Recognition Day, National (Proc. 7124)
Powell, Lewis F., Jr., death (Proc. 7117)
Prayer for Peace, Memorial Day (Proc. 7099)
Prayer, National Day of (Proc. 7088)
President's; Presidential. See other part of title
Pulaski Memorial Day, General (Proc. 7138)
R
Recall Round-Up Day, National (Proc. 7082)
Red Cross Month, American (Proc. 7069)
Refugees. See Immigration
Religious Freedom Day (Proc. 7063)
Romania; proposed agreement on peaceful uses of nuclear energy (Presidential
Determination No. 98-33, p. 293)
Russian Federation; assistance program (Presidential Determination No. 98-
23, p. 282)
S
Safe Boating Week, National (Proc. 7096)
St. Kitts and Nevis; counternarcotics assistance (Presidential Determination
No. 98-41, p. 300)
St. Lucia; counternarcotics assistance (Presidential Determination No. 98-
41, p. 300)
St. Vincent and the Grenadines; counternarcotics assistance (Presidential
Determination No. 98-41, p. 300)
School, America Goes Back to (Proc. 7118)
School Lunch Week, National (Proc. 7137)
Serbia, Republic of; blocking property and prohibiting new investment (EO
13088)
Serbia and Montenegro (Federal Republic of Yugoslavia)
Blocking property (EO 13088)
State of emergency with U.S. (Notice of May 28, p. 285)
Sierra Leone; suspension of entry of persons who are members of the military
junta and members of their families (Proc. 7062)
Small Business Week (Proc. 7102)
Smokeout Day, National Great American (Proc. 7149)
Soviet Union, New Independent States of the Former; assistance (Presidential
Determination No. 99-8, p. 307)
Special observances
America Goes Back to School (Proc. 7118)
American Heart Month (Proc. 7066)
American Red Cross Month (Proc. 7069)
Asian/Pacific American Heritage Month (Proc. 7089)
Bill of Rights Day (Proc. 7158)
Cancer Control Month (Proc. 7075)
Captive Nations Week (Proc. 7109)
Child Health Day (Proc. 7132)
Citizenship Day and Constitution Week (Proc. 7123)
Columbus Day (Proc. 7136)
Death of Albert Gore, Sr. (Proc. 7157)
Death of Barry M. Goldwater (Proc. 7100)
Death of Lewis F. Powell, Jr. (Proc. 7117)
Education and Sharing Day, U.S.A. (Proc. 7078)
Father's Day (Proc. 7106)
50th Anniversary of the Integration of the Armed Services (Proc. 7108)
Fire Prevention Week (Proc. 7131)
Flag Day and National Flag Week (Proc. 7105)
General Pulaski Memorial Day (Proc. 7138)
German-American Day (Proc. 7133)
Gold Star Mother's Day (Proc. 7127)
Greek Independence Day: A National Day of Celebration of Greek and
American Democracy (Proc. 7074)
Human Rights Day and Human Rights Week (Proc. 7158)
Irish-American Heritage Month (Proc. 7070)
Jewish Heritage Week (Proc. 7087)
Law Day, U.S.A. (Proc. 7090)
Leif Erikson Day (Proc. 7135)
Loyalty Day (Proc. 7091)
Martin Luther King, Jr., Federal Holiday (Proc. 7064)
[[Page 361]]
Minority Enterprise Development Week (Proc. 7119)
Mother's Day (Proc. 7093)
National Adoption Month (Proc. 7145)
National African American History Month (Proc. 7067)
National Alternative Fuels Week (Proc. 7101)
National American Indian Heritage Month (Proc. 7144)
National Breast Cancer Awareness Month (Proc. 7130)
National Character Counts Week (Proc. 7141)
National Child Abuse Prevention Month (Proc. 7076)
National Children's Day (Proc. 7139)
National Children's Memorial Day (Proc. 7159)
National Crime Victims' Rights Week (Proc. 7084)
National D.A.R.E. Day (Proc. 7080)
National Day of Concern About Young People and Gun Violence (Proc. 7134)
National Day of Prayer (Proc. 7088)
National Defense Transportation Day (Proc. 7094)
National Disability Employment Awareness Month (Proc. 7128)
National Domestic Violence Awareness Month (Proc. 7129)
National Drunk and Drugged Driving Prevention Month (Proc. 7155)
National Equal Pay Day (Proc. 7077)
National Family Caregivers Week (Proc. 7151)
National Family Week (Proc. 7152)
National Farm-City Week (Proc. 7147)
National Farm Safety and Health Week (Proc. 7126)
National Forest Products Week (Proc. 7142)
National Former Prisoner of War Recognition Day (Proc. 7079)
National Great American Smokeout Day (Proc. 7149)
National Hispanic Heritage Month (Proc. 7121)
National Historically Black Colleges and Universities Week (Proc. 7122)
National Homeownership Week (Proc. 7104)
National Korean War Veterans Armistice Day (Proc. 7110)
National Maritime Day (Proc. 7098)
National Older Workers Employment Week (Proc. 7072)
National Organ and Tissue Donor Awareness Week (Proc. 7083)
National Park Week (Proc. 7086)
National Pearl Harbor Remembrance Day (Proc. 7156)
National Poison Prevention Week (Proc. 7073)
National POW/MIA Recognition Day (Proc. 7124)
National Recall Round-Up Day (Proc. 7082)
National Safe Boating Week (Proc. 7096)
National School Lunch Week (Proc. 7137)
National Transportation Week (Proc. 7094)
National Volunteer Week (Proc. 7085)
Older Americans Month (Proc. 7092)
Ovarian Cancer Awareness Week (Proc. 7120)
Pan American Day and Pan American Week (Proc. 7081)
Parents' Day (Proc. 7111)
Peace Officers Memorial Day (Proc. 7095)
Police Week (Proc. 7095)
Prayer for Peace, Memorial Day (Proc. 7099)
Religious Freedom Day (Proc. 7063)
Save Your Vision Week (Proc. 7068)
Small Business Week (Proc. 7102)
Thanksgiving Day (Proc. 7148)
United Nations Day (Proc. 7143)
Veterans Day (Proc. 7146)
Victims of Bombing Incidents in Africa (Proc. 7115)
White Cane Safety Day (Proc. 7140)
Women's Equality Day (Proc. 7116)
Women's History Month (Proc. 7071)
World AIDS Day (Proc. 7153)
World Fisheries Day (Proc. 7150)
World Trade Week (Proc. 7097)
Wright Brothers Day (Proc. 7160)
Year of the Ocean (Proc. 7065)
Sudan; state of emergency with U.S. (Notice of Oct. 27, p. 303)
T
Taiwan; narcotics control (Presidential Determination No. 98-15, p. 244)
Tanzania; bombing of U.S. Embassy in Dar es Salaam (Proc. 7115)
Terrorism
See also specific country or region
Reporting obligations regarding counterterrorism and antiterrorism
activities and programs; delegation of authority (Memorandum of Mar. 5, p.
278)
[[Page 362]]
Terrorist-list states; waiver of requirements relating to blocked
property (Presidential Determination No. 99-1, p. 302)
Thailand; narcotics control (Presidential Determination No. 98-15, p. 244)
Thanksgiving Day (Proc. 7148)
Trade
See also specific commodity
Export control regulations; continuation of emergency (Notice of Aug.
13, p. 294)
Fair trade (Memorandum of Nov. 16, p. 306)
Generalized System of Preferences (Proc. 7107)
North American Free Trade Agreement
Duty elimination, accelerated schedule (Proc. 7113)
Textile and apparel regime; modification of provisions (Proc. 7125)
Trade Act of 1974
See also specific country
Broom corn brooms, terminating temporary duties (Proc. 7154)
Waiver of restrictions (EO 13079)
Wheat gluten (Proc. 7103; Memorandum of May 30, p. 287)
Trading With the Enemy Act; extension of authorities (Presidential
Determination No. 98-35, p. 295)
Trade Week, World (Proc. 7097)
Transportation Week, National (Proc. 7094)
Trinidad and Tobago; counternarcotics assistance (Presidential Determination
No. 98-41, p. 300)
U
Ukraine; peaceful uses of nuclear energy, cooperation with U.S.
(Presidential Determination No. 98-21, p. 280)
UNITA. See Angola
United Nations Day (Proc. 7143)
V
Venezuela; narcotics control (Presidential Determination No. 98-15, p. 244)
Veterans Day (Proc. 7146)
Vietnam
Copyright; extending U.S. protections to works (Proc. 7161)
Export-Import Bank; assistance (Presidential Determination No. 98-18, p.
279)
Narcotics control (Presidential Determination No. 98-15, p. 244)
Prisoners of War/Missing in Action, cooperation in accounting for U.S.
(Presidential Determination No. 98-16, p. 277)
Trade Act of 1974; waiver of restrictions (EO 13079; Presidential
Determination Nos. 98-17, p. 279; 98-27, p. 290)
Vision Week, Save Your (Proc. 7068)
Volunteer Week, National (Proc. 7085)
W
Weapons
Export controls; administration (EO 13091)
Weapons of mass destruction
Emergency; continuation (Notice of Nov. 12, p. 305)
Proliferation; amendments (EO 13094)
Wheat gluten
Competition from imports; positive adjustment (Proc. 7103)
Trade Act of 1974 (Memorandum of May 30, p. 287)
White Cane Safety Day (Proc. 7140)
White House Millennium Council; establishment (EO 13072)
Women in American History, President's Commission on the Celebration of;
establishment (EO 13090)
Women's Equality Day (Proc. 7116)
Women's History Month (Proc. 7071)
World. See other part of title
Wright Brothers Day (Proc. 7160)
Y
Year 2000 Conversion, President's Council on; establishment (EO 13073)
Young People and Gun Violence, National Day of Concern About (Proc. 7134)
Yugoslavia, Federal Republic of. See Serbia and Montenegro
[[Page 363]]
CFR FINDING AIDS
________________________________________________________________________
Editorial note: A list of CFR titles, subtitles, chapters, subchapters,
and parts, and an alphabetical list of agencies publishing in the CFR
are included in the CFR Index and Finding Aids volume to the Code of
Federal Regulations, which is published separately and revised annually
as of January 1.
The two finding aids on the following pages, the ``Table of CFR Titles
and Chapters'' and the ``Alphabetical List of Agencies Appearing in the
CFR'' apply to all 50 titles of the Code of Federal Regulations.
Reference aids specific to this volume appear in the section entitled
``Title 3 Finding Aids,'' found on page 331.
[[Page 365]]
Table of CFR Titles and Chapters
(Revised as of January 1, 1999)
Title 1--General Provisions
I Administrative Committee of the Federal Register
(Parts 1--49)
II Office of the Federal Register (Parts 50--299)
IV Miscellaneous Agencies (Parts 400--500)
Title 2--[Reserved]
Title 3--The President
I Executive Office of the President (Parts 100--199)
Title 4--Accounts
I General Accounting Office (Parts 1--99)
II Federal Claims Collection Standards (General
Accounting Office--Department of Justice) (Parts
100--299)
Title 5--Administrative Personnel
I Office of Personnel Management (Parts 1--1199)
II Merit Systems Protection Board (Parts 1200--1299)
III Office of Management and Budget (Parts 1300--1399)
IV Advisory Committee on Federal Pay (Parts 1400--1499)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
VII Advisory Commission on Intergovernmental Relations
(Parts 1700--1799)
VIII Office of Special Counsel (Parts 1800--1899)
IX Appalachian Regional Commission (Parts 1900--1999)
XI Armed Forces Retirement Home (Part 2100)
XIV Federal Labor Relations Authority, General Counsel of
the Federal Labor Relations Authority and Federal
Service Impasses Panel (Parts 2400--2499)
XV Office of Administration, Executive Office of the
President (Parts 2500--2599)
XVI Office of Government Ethics (Parts 2600--2699)
XXI Department of the Treasury (Parts 3100--3199)
[[Page 366]]
XXII Federal Deposit Insurance Corporation (Part 3201)
XXIII Department of Energy (Part 3301)
XXIV Federal Energy Regulatory Commission (Part 3401)
XXV Department of the Interior (Part 3501)
XXVI Department of Defense (Part 3601)
XXVIII Department of Justice (Part 3801)
XXIX Federal Communications Commission (Parts 3900--3999)
XXX Farm Credit System Insurance Corporation (Parts 4000--
4099)
XXXI Farm Credit Administration (Parts 4100--4199)
XXXIII Overseas Private Investment Corporation (Part 4301)
XXXV Office of Personnel Management (Part 4501)
XL Interstate Commerce Commission (Part 5001)
XLI Commodity Futures Trading Commission (Part 5101)
XLII Department of Labor (Part 5201)
XLIII National Science Foundation (Part 5301)
XLV Department of Health and Human Services (Part 5501)
XLVI Postal Rate Commission (Part 5601)
XLVII Federal Trade Commission (Part 5701)
XLVIII Nuclear Regulatory Commission (Part 5801)
L Department of Transportation (Part 6001)
LII Export-Import Bank of the United States (Part 6201)
LIII Department of Education (Parts 6300--6399)
LIV Environmental Protection Agency (Part 6401)
LVII General Services Administration (Part 6701)
LVIII Board of Governors of the Federal Reserve System (Part
6801)
LIX National Aeronautics and Space Administration (Part
6901)
LX United States Postal Service (Part 7001)
LXI National Labor Relations Board (Part 7101)
LXII Equal Employment Opportunity Commission (Part 7201)
LXIII Inter-American Foundation (Part 7301)
LXV Department of Housing and Urban Development (Part
7501)
LXVI National Archives and Records Administration (Part
7601)
LXIX Tennessee Valley Authority (Part 7901)
LXXI Consumer Product Safety Commission (Part 8101)
LXXIV Federal Mine Safety and Health Review Commission (Part
8401)
LXXVI Federal Retirement Thrift Investment Board (Part 8601)
LXXVII Office of Management and Budget (Part 8701)
Title 6--[Reserved]
Title 7--Agriculture
Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
[[Page 367]]
I Agricultural Marketing Service (Standards,
Inspections, Marketing Practices), Department of
Agriculture (Parts 27--209)
II Food and Nutrition Service, Department of Agriculture
(Parts 210--299)
III Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 300--399)
IV Federal Crop Insurance Corporation, Department of
Agriculture (Parts 400--499)
V Agricultural Research Service, Department of
Agriculture (Parts 500--599)
VI Natural Resources Conservation Service, Department of
Agriculture (Parts 600--699)
VII Farm Service Agency, Department of Agriculture (Parts
700--799)
VIII Grain Inspection, Packers and Stockyards
Administration (Federal Grain Inspection Service),
Department of Agriculture (Parts 800--899)
IX Agricultural Marketing Service (Marketing Agreements
and Orders; Fruits, Vegetables, Nuts), Department
of Agriculture (Parts 900--999)
X Agricultural Marketing Service (Marketing Agreements
and Orders; Milk), Department of Agriculture
(Parts 1000--1199)
XI Agricultural Marketing Service (Marketing Agreements
and Orders; Miscellaneous Commodities), Department
of Agriculture (Parts 1200--1299)
XIII Northeast Dairy Compact Commission (Parts 1300--1399)
XIV Commodity Credit Corporation, Department of
Agriculture (Parts 1400--1499)
XV Foreign Agricultural Service, Department of
Agriculture (Parts 1500--1599)
XVI Rural Telephone Bank, Department of Agriculture (Parts
1600--1699)
XVII Rural Utilities Service, Department of Agriculture
(Parts 1700--1799)
XVIII Rural Housing Service, Rural Business-Cooperative
Service, Rural Utilities Service, and Farm Service
Agency, Department of Agriculture (Parts 1800--
2099)
XXVI Office of Inspector General, Department of Agriculture
(Parts 2600--2699)
XXVII Office of Information Resources Management, Department
of Agriculture (Parts 2700--2799)
XXVIII Office of Operations, Department of Agriculture (Parts
2800--2899)
XXIX Office of Energy, Department of Agriculture (Parts
2900--2999)
XXX Office of the Chief Financial Officer, Department of
Agriculture (Parts 3000--3099)
XXXI Office of Environmental Quality, Department of
Agriculture (Parts 3100--3199)
XXXII Office of Procurement and Property Management,
Department of Agriculture (Parts 3200--3299)
[[Page 368]]
XXXIII Office of Transportation, Department of Agriculture
(Parts 3300--3399)
XXXIV Cooperative State Research, Education, and Extension
Service, Department of Agriculture (Parts 3400--
3499)
XXXV Rural Housing Service, Department of Agriculture
(Parts 3500--3599)
XXXVI National Agricultural Statistics Service, Department
of Agriculture (Parts 3600--3699)
XXXVII Economic Research Service, Department of Agriculture
(Parts 3700--3799)
XXXVIII World Agricultural Outlook Board, Department of
Agriculture (Parts 3800--3899)
XLI [Reserved]
XLII Rural Business-Cooperative Service and Rural Utilities
Service, Department of Agriculture (Parts 4200--
4299)
Title 8--Aliens and Nationality
I Immigration and Naturalization Service, Department of
Justice (Parts 1--499)
Title 9--Animals and Animal Products
I Animal and Plant Health Inspection Service, Department
of Agriculture (Parts 1--199)
II Grain Inspection, Packers and Stockyards
Administration (Packers and Stockyards Programs),
Department of Agriculture (Parts 200--299)
III Food Safety and Inspection Service, Department of
Agriculture (Parts 300--599)
Title 10--Energy
I Nuclear Regulatory Commission (Parts 0--199)
II Department of Energy (Parts 200--699)
III Department of Energy (Parts 700--999)
X Department of Energy (General Provisions) (Parts
1000--1099)
XVII Defense Nuclear Facilities Safety Board (Parts 1700--
1799)
Title 11--Federal Elections
I Federal Election Commission (Parts 1--9099)
Title 12--Banks and Banking
I Comptroller of the Currency, Department of the
Treasury (Parts 1--199)
II Federal Reserve System (Parts 200--299)
III Federal Deposit Insurance Corporation (Parts 300--399)
[[Page 369]]
IV Export-Import Bank of the United States (Parts 400--
499)
V Office of Thrift Supervision, Department of the
Treasury (Parts 500--599)
VI Farm Credit Administration (Parts 600--699)
VII National Credit Union Administration (Parts 700--799)
VIII Federal Financing Bank (Parts 800--899)
IX Federal Housing Finance Board (Parts 900--999)
XI Federal Financial Institutions Examination Council
(Parts 1100--1199)
XIV Farm Credit System Insurance Corporation (Parts 1400--
1499)
XV Department of the Treasury (Parts 1500--1599)
XVII Office of Federal Housing Enterprise Oversight,
Department of Housing and Urban Development (Parts
1700-1799)
XVIII Community Development Financial Institutions Fund,
Department of the Treasury (Parts 1800--1899)
Title 13--Business Credit and Assistance
I Small Business Administration (Parts 1--199)
III Economic Development Administration, Department of
Commerce (Parts 300--399)
Title 14--Aeronautics and Space
I Federal Aviation Administration, Department of
Transportation (Parts 1--199)
II Office of the Secretary, Department of Transportation
(Aviation Proceedings) (Parts 200--399)
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--499)
V National Aeronautics and Space Administration (Parts
1200--1299)
Title 15--Commerce and Foreign Trade
Subtitle A--Office of the Secretary of Commerce (Parts
0--29)
Subtitle B--Regulations Relating to Commerce and
Foreign Trade
I Bureau of the Census, Department of Commerce (Parts
30--199)
II National Institute of Standards and Technology,
Department of Commerce (Parts 200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Foreign-Trade Zones Board, Department of Commerce
(Parts 400--499)
VII Bureau of Export Administration, Department of
Commerce (Parts 700--799)
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
[[Page 370]]
IX National Oceanic and Atmospheric Administration,
Department of Commerce (Parts 900--999)
XI Technology Administration, Department of Commerce
(Parts 1100--1199)
XIII East-West Foreign Trade Board (Parts 1300--1399)
XIV Minority Business Development Agency (Parts 1400--
1499)
Subtitle C--Regulations Relating to Foreign Trade
Agreements
XX Office of the United States Trade Representative
(Parts 2000--2099)
Subtitle D--Regulations Relating to Telecommunications
and Information
XXIII National Telecommunications and Information
Administration, Department of Commerce (Parts
2300--2399)
Title 16--Commercial Practices
I Federal Trade Commission (Parts 0--999)
II Consumer Product Safety Commission (Parts 1000--1799)
Title 17--Commodity and Securities Exchanges
I Commodity Futures Trading Commission (Parts 1--199)
II Securities and Exchange Commission (Parts 200--399)
IV Department of the Treasury (Parts 400--499)
Title 18--Conservation of Power and Water Resources
I Federal Energy Regulatory Commission, Department of
Energy (Parts 1--399)
III Delaware River Basin Commission (Parts 400--499)
VI Water Resources Council (Parts 700--799)
VIII Susquehanna River Basin Commission (Parts 800--899)
XIII Tennessee Valley Authority (Parts 1300--1399)
Title 19--Customs Duties
I United States Customs Service, Department of the
Treasury (Parts 1--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
Title 20--Employees' Benefits
I Office of Workers' Compensation Programs, Department
of Labor (Parts 1--199)
II Railroad Retirement Board (Parts 200--399)
III Social Security Administration (Parts 400--499)
[[Page 371]]
IV Employees' Compensation Appeals Board, Department of
Labor (Parts 500--599)
V Employment and Training Administration, Department of
Labor (Parts 600--699)
VI Employment Standards Administration, Department of
Labor (Parts 700--799)
VII Benefits Review Board, Department of Labor (Parts
800--899)
VIII Joint Board for the Enrollment of Actuaries (Parts
900--999)
IX Office of the Assistant Secretary for Veterans'
Employment and Training, Department of Labor
(Parts 1000--1099)
Title 21--Food and Drugs
I Food and Drug Administration, Department of Health and
Human Services (Parts 1--1299)
II Drug Enforcement Administration, Department of Justice
(Parts 1300--1399)
III Office of National Drug Control Policy (Parts 1400--
1499)
Title 22--Foreign Relations
I Department of State (Parts 1--199)
II Agency for International Development, International
Development Cooperation Agency (Parts 200--299)
III Peace Corps (Parts 300--399)
IV International Joint Commission, United States and
Canada (Parts 400--499)
V United States Information Agency (Parts 500--599)
VI United States Arms Control and Disarmament Agency
(Parts 600--699)
VII Overseas Private Investment Corporation, International
Development Cooperation Agency (Parts 700--799)
IX Foreign Service Grievance Board Regulations (Parts
900--999)
X Inter-American Foundation (Parts 1000--1099)
XI International Boundary and Water Commission, United
States and Mexico, United States Section (Parts
1100--1199)
XII United States International Development Cooperation
Agency (Parts 1200--1299)
XIII Board for International Broadcasting (Parts 1300--
1399)
XIV Foreign Service Labor Relations Board; Federal Labor
Relations Authority; General Counsel of the
Federal Labor Relations Authority; and the Foreign
Service Impasse Disputes Panel (Parts 1400--1499)
XV African Development Foundation (Parts 1500--1599)
XVI Japan-United States Friendship Commission (Parts
1600--1699)
XVII United States Institute of Peace (Parts 1700--1799)
[[Page 372]]
Title 23--Highways
I Federal Highway Administration, Department of
Transportation (Parts 1--999)
II National Highway Traffic Safety Administration and
Federal Highway Administration, Department of
Transportation (Parts 1200--1299)
III National Highway Traffic Safety Administration,
Department of Transportation (Parts 1300--1399)
Title 24--Housing and Urban Development
Subtitle A--Office of the Secretary, Department of
Housing and Urban Development (Parts 0--99)
Subtitle B--Regulations Relating to Housing and Urban
Development
I Office of Assistant Secretary for Equal Opportunity,
Department of Housing and Urban Development (Parts
100--199)
II Office of Assistant Secretary for Housing-Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 200--299)
III Government National Mortgage Association, Department
of Housing and Urban Development (Parts 300--399)
IV Office of Multifamily Housing Assistance
Restructuring, Department of Housing and Urban
Development (Parts 400--499)
V Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 500--599)
VI Office of Assistant Secretary for Community Planning
and Development, Department of Housing and Urban
Development (Parts 600--699) [Reserved]
VII Office of the Secretary, Department of Housing and
Urban Development (Housing Assistance Programs and
Public and Indian Housing Programs) (Parts 700--
799)
VIII Office of the Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Section 8 Housing Assistance
Programs, Section 202 Direct Loan Program, Section
202 Supportive Housing for the Elderly Program and
Section 811 Supportive Housing for Persons With
Disabilities Program) (Parts 800--899)
IX Office of Assistant Secretary for Public and Indian
Housing, Department of Housing and Urban
Development (Parts 900--999)
X Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Interstate Land Sales
Registration Program) (Parts 1700--1799)
XII Office of Inspector General, Department of Housing and
Urban Development (Parts 2000--2099)
XX Office of Assistant Secretary for Housing--Federal
Housing Commissioner, Department of Housing and
Urban Development (Parts 3200--3899)
XXV Neighborhood Reinvestment Corporation (Parts 4100--
4199)
[[Page 373]]
Title 25--Indians
I Bureau of Indian Affairs, Department of the Interior
(Parts 1--299)
II Indian Arts and Crafts Board, Department of the
Interior (Parts 300--399)
III National Indian Gaming Commission, Department of the
Interior (Parts 500--599)
IV Office of Navajo and Hopi Indian Relocation (Parts
700--799)
V Bureau of Indian Affairs, Department of the Interior,
and Indian Health Service, Department of Health
and Human Services (Part 900)
VI Office of the Assistant Secretary-Indian Affairs,
Department of the Interior (Part 1001)
VII Office of the Special Trustee for American Indians,
Department of the Interior (Part 1200)
Title 26--Internal Revenue
I Internal Revenue Service, Department of the Treasury
(Parts 1--799)
Title 27--Alcohol, Tobacco Products and Firearms
I Bureau of Alcohol, Tobacco and Firearms, Department of
the Treasury (Parts 1--299)
Title 28--Judicial Administration
I Department of Justice (Parts 0--199)
III Federal Prison Industries, Inc., Department of Justice
(Parts 300--399)
V Bureau of Prisons, Department of Justice (Parts 500--
599)
VI Offices of Independent Counsel, Department of Justice
(Parts 600--699)
VII Office of Independent Counsel (Parts 700--799)
Title 29--Labor
Subtitle A--Office of the Secretary of Labor (Parts
0--99)
Subtitle B--Regulations Relating to Labor
I National Labor Relations Board (Parts 100--199)
II Office of Labor-Management Standards, Department of
Labor (Parts 200--299)
III National Railroad Adjustment Board (Parts 300--399)
IV Office of Labor-Management Standards, Department of
Labor (Parts 400--499)
V Wage and Hour Division, Department of Labor (Parts
500--899)
IX Construction Industry Collective Bargaining Commission
(Parts 900--999)
X National Mediation Board (Parts 1200--1299)
[[Page 374]]
XII Federal Mediation and Conciliation Service (Parts
1400--1499)
XIV Equal Employment Opportunity Commission (Parts 1600--
1699)
XVII Occupational Safety and Health Administration,
Department of Labor (Parts 1900--1999)
XX Occupational Safety and Health Review Commission
(Parts 2200--2499)
XXV Pension and Welfare Benefits Administration,
Department of Labor (Parts 2500--2599)
XXVII Federal Mine Safety and Health Review Commission
(Parts 2700--2799)
XL Pension Benefit Guaranty Corporation (Parts 4000--
4999)
Title 30--Mineral Resources
I Mine Safety and Health Administration, Department of
Labor (Parts 1--199)
II Minerals Management Service, Department of the
Interior (Parts 200--299)
III Board of Surface Mining and Reclamation Appeals,
Department of the Interior (Parts 300--399)
IV Geological Survey, Department of the Interior (Parts
400--499)
VI Bureau of Mines, Department of the Interior (Parts
600--699)
VII Office of Surface Mining Reclamation and Enforcement,
Department of the Interior (Parts 700--999)
Title 31--Money and Finance: Treasury
Subtitle A--Office of the Secretary of the Treasury
(Parts 0--50)
Subtitle B--Regulations Relating to Money and Finance
I Monetary Offices, Department of the Treasury (Parts
51--199)
II Fiscal Service, Department of the Treasury (Parts
200--399)
IV Secret Service, Department of the Treasury (Parts
400--499)
V Office of Foreign Assets Control, Department of the
Treasury (Parts 500--599)
VI Bureau of Engraving and Printing, Department of the
Treasury (Parts 600--699)
VII Federal Law Enforcement Training Center, Department of
the Treasury (Parts 700--799)
VIII Office of International Investment, Department of the
Treasury (Parts 800--899)
Title 32--National Defense
Subtitle A--Department of Defense
I Office of the Secretary of Defense (Parts 1--399)
V Department of the Army (Parts 400--699)
VI Department of the Navy (Parts 700--799)
[[Page 375]]
VII Department of the Air Force (Parts 800--1099)
Subtitle B--Other Regulations Relating to National
Defense
XII Defense Logistics Agency (Parts 1200--1299)
XVI Selective Service System (Parts 1600--1699)
XIX Central Intelligence Agency (Parts 1900--1999)
XX Information Security Oversight Office, National
Archives and Records Administration (Parts 2000--
2099)
XXI National Security Council (Parts 2100--2199)
XXIV Office of Science and Technology Policy (Parts 2400--
2499)
XXVII Office for Micronesian Status Negotiations (Parts
2700--2799)
XXVIII Office of the Vice President of the United States
(Parts 2800--2899)
XXIX Presidential Commission on the Assignment of Women in
the Armed Forces (Part 2900)
Title 33--Navigation and Navigable Waters
I Coast Guard, Department of Transportation (Parts 1--
199)
II Corps of Engineers, Department of the Army (Parts
200--399)
IV Saint Lawrence Seaway Development Corporation,
Department of Transportation (Parts 400--499)
Title 34--Education
Subtitle A--Office of the Secretary, Department of
Education (Parts 1--99)
Subtitle B--Regulations of the Offices of the
Department of Education
I Office for Civil Rights, Department of Education
(Parts 100--199)
II Office of Elementary and Secondary Education,
Department of Education (Parts 200--299)
III Office of Special Education and Rehabilitative
Services, Department of Education (Parts 300--399)
IV Office of Vocational and Adult Education, Department
of Education (Parts 400--499)
V Office of Bilingual Education and Minority Languages
Affairs, Department of Education (Parts 500--599)
VI Office of Postsecondary Education, Department of
Education (Parts 600--699)
VII Office of Educational Research and Improvement,
Department of Education (Parts 700--799)
XI National Institute for Literacy (Parts 1100-1199)
Subtitle C--Regulations Relating to Education
XII National Council on Disability (Parts 1200--1299)
Title 35--Panama Canal
I Panama Canal Regulations (Parts 1--299)
[[Page 376]]
Title 36--Parks, Forests, and Public Property
I National Park Service, Department of the Interior
(Parts 1--199)
II Forest Service, Department of Agriculture (Parts 200--
299)
III Corps of Engineers, Department of the Army (Parts
300--399)
IV American Battle Monuments Commission (Parts 400--499)
V Smithsonian Institution (Parts 500--599)
VII Library of Congress (Parts 700--799)
VIII Advisory Council on Historic Preservation (Parts 800--
899)
IX Pennsylvania Avenue Development Corporation (Parts
900--999)
X Presidio Trust (Parts 1000--1099)
XI Architectural and Transportation Barriers Compliance
Board (Parts 1100--1199)
XII National Archives and Records Administration (Parts
1200--1299)
XIV Assassination Records Review Board (Parts 1400-1499)
Title 37--Patents, Trademarks, and Copyrights
I Patent and Trademark Office, Department of Commerce
(Parts 1--199)
II Copyright Office, Library of Congress (Parts 200--299)
IV Assistant Secretary for Technology Policy, Department
of Commerce (Parts 400--499)
V Under Secretary for Technology, Department of Commerce
(Parts 500--599)
Title 38--Pensions, Bonuses, and Veterans' Relief
I Department of Veterans Affairs (Parts 0--99)
Title 39--Postal Service
I United States Postal Service (Parts 1--999)
III Postal Rate Commission (Parts 3000--3099)
Title 40--Protection of Environment
I Environmental Protection Agency (Parts 1--799)
V Council on Environmental Quality (Parts 1500--1599)
Title 41--Public Contracts and Property Management
Subtitle B--Other Provisions Relating to Public
Contracts
50 Public Contracts, Department of Labor (Parts 50-1--50-
999)
51 Committee for Purchase From People Who Are Blind or
Severely Disabled (Parts 51-1--51-99)
60 Office of Federal Contract Compliance Programs, Equal
Employment Opportunity, Department of Labor (Parts
60-1--60-999)
[[Page 377]]
61 Office of the Assistant Secretary for Veterans
Employment and Training, Department of Labor
(Parts 61-1--61-999)
Subtitle C--Federal Property Management Regulations
System
101 Federal Property Management Regulations (Parts 101-1--
101-99)
105 General Services Administration (Parts 105-1--105-999)
109 Department of Energy Property Management Regulations
(Parts 109-1--109-99)
114 Department of the Interior (Parts 114-1--114-99)
115 Environmental Protection Agency (Parts 115-1--115-99)
128 Department of Justice (Parts 128-1--128-99)
Subtitle D--Other Provisions Relating to Property
Management [Reserved]
Subtitle E--Federal Information Resources Management
Regulations System
201 Federal Information Resources Management Regulation
(Parts 201-1--201-99) [Reserved]
Subtitle F--Federal Travel Regulation System
300 General (Parts 300-1--300.99)
301 Temporary Duty (TDY) Travel Allowances (Parts 301-1--
301-99)
302 Relocation Allowances (Parts 302-1--302-99)
303 Payment of Expenses Connected with the Death of
Certain Employees (Parts 303-1--303-2)
304 Payment from a Non-Federal Source for Travel Expenses
(Parts 304-1--304-99)
Title 42--Public Health
I Public Health Service, Department of Health and Human
Services (Parts 1--199)
IV Health Care Financing Administration, Department of
Health and Human Services (Parts 400--499)
V Office of Inspector General-Health Care, Department of
Health and Human Services (Parts 1000--1999)
Title 43--Public Lands: Interior
Subtitle A--Office of the Secretary of the Interior
(Parts 1--199)
Subtitle B--Regulations Relating to Public Lands
I Bureau of Reclamation, Department of the Interior
(Parts 200--499)
II Bureau of Land Management, Department of the Interior
(Parts 1000--9999)
III Utah Reclamation Mitigation and Conservation
Commission (Parts 10000--10005)
Title 44--Emergency Management and Assistance
I Federal Emergency Management Agency (Parts 0--399)
[[Page 378]]
IV Department of Commerce and Department of
Transportation (Parts 400--499)
Title 45--Public Welfare
Subtitle A--Department of Health and Human Services
(Parts 1--199)
Subtitle B--Regulations Relating to Public Welfare
II Office of Family Assistance (Assistance Programs),
Administration for Children and Families,
Department of Health and Human Services (Parts
200--299)
III Office of Child Support Enforcement (Child Support
Enforcement Program), Administration for Children
and Families, Department of Health and Human
Services (Parts 300--399)
IV Office of Refugee Resettlement, Administration for
Children and Families Department of Health and
Human Services (Parts 400--499)
V Foreign Claims Settlement Commission of the United
States, Department of Justice (Parts 500--599)
VI National Science Foundation (Parts 600--699)
VII Commission on Civil Rights (Parts 700--799)
VIII Office of Personnel Management (Parts 800--899)
X Office of Community Services, Administration for
Children and Families, Department of Health and
Human Services (Parts 1000--1099)
XI National Foundation on the Arts and the Humanities
(Parts 1100--1199)
XII Corporation for National and Community Service (Parts
1200--1299)
XIII Office of Human Development Services, Department of
Health and Human Services (Parts 1300--1399)
XVI Legal Services Corporation (Parts 1600--1699)
XVII National Commission on Libraries and Information
Science (Parts 1700--1799)
XVIII Harry S. Truman Scholarship Foundation (Parts 1800--
1899)
XXI Commission on Fine Arts (Parts 2100--2199)
XXII Christopher Columbus Quincentenary Jubilee Commission
(Parts 2200--2299)
XXIII Arctic Research Commission (Part 2301)
XXIV James Madison Memorial Fellowship Foundation (Parts
2400--2499)
XXV Corporation for National and Community Service (Parts
2500--2599)
Title 46--Shipping
I Coast Guard, Department of Transportation (Parts 1--
199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
[[Page 379]]
III Coast Guard (Great Lakes Pilotage), Department of
Transportation (Parts 400--499)
IV Federal Maritime Commission (Parts 500--599)
Title 47--Telecommunication
I Federal Communications Commission (Parts 0--199)
II Office of Science and Technology Policy and National
Security Council (Parts 200--299)
III National Telecommunications and Information
Administration, Department of Commerce (Parts
300--399)
Title 48--Federal Acquisition Regulations System
1 Federal Acquisition Regulation (Parts 1--99)
2 Department of Defense (Parts 200--299)
3 Department of Health and Human Services (Parts 300--
399)
4 Department of Agriculture (Parts 400--499)
5 General Services Administration (Parts 500--599)
6 Department of State (Parts 600--699)
7 United States Agency for International Development
(Parts 700--799)
8 Department of Veterans Affairs (Parts 800--899)
9 Department of Energy (Parts 900--999)
10 Department of the Treasury (Parts 1000--1099)
12 Department of Transportation (Parts 1200--1299)
13 Department of Commerce (Parts 1300--1399)
14 Department of the Interior (Parts 1400--1499)
15 Environmental Protection Agency (Parts 1500--1599)
16 Office of Personnel Management Federal Employees
Health Benefits Acquisition Regulation (Parts
1600--1699)
17 Office of Personnel Management (Parts 1700--1799)
18 National Aeronautics and Space Administration (Parts
1800--1899)
19 United States Information Agency (Parts 1900--1999)
20 Nuclear Regulatory Commission (Parts 2000--2099)
21 Office of Personnel Management, Federal Employees
Group Life Insurance Federal Acquisition
Regulation (Parts 2100--2199)
23 Social Security Administration (Parts 2300--2399)
24 Department of Housing and Urban Development (Parts
2400--2499)
25 National Science Foundation (Parts 2500--2599)
28 Department of Justice (Parts 2800--2899)
29 Department of Labor (Parts 2900--2999)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
35 Panama Canal Commission (Parts 3500--3599)
[[Page 380]]
44 Federal Emergency Management Agency (Parts 4400--4499)
51 Department of the Army Acquisition Regulations (Parts
5100--5199)
52 Department of the Navy Acquisition Regulations (Parts
5200--5299)
53 Department of the Air Force Federal Acquisition
Regulation Supplement (Parts 5300--5399)
54 Defense Logistics Agency, Department of Defense (Part
5452)
57 African Development Foundation (Parts 5700--5799)
61 General Services Administration Board of Contract
Appeals (Parts 6100--6199)
63 Department of Transportation Board of Contract Appeals
(Parts 6300--6399)
99 Cost Accounting Standards Board, Office of Federal
Procurement Policy, Office of Management and
Budget (Parts 9900--9999)
Title 49--Transportation
Subtitle A--Office of the Secretary of Transportation
(Parts 1--99)
Subtitle B--Other Regulations Relating to
Transportation
I Research and Special Programs Administration,
Department of Transportation (Parts 100--199)
II Federal Railroad Administration, Department of
Transportation (Parts 200--299)
III Federal Highway Administration, Department of
Transportation (Parts 300--399)
IV Coast Guard, Department of Transportation (Parts 400--
499)
V National Highway Traffic Safety Administration,
Department of Transportation (Parts 500--599)
VI Federal Transit Administration, Department of
Transportation (Parts 600--699)
VII National Railroad Passenger Corporation (AMTRAK)
(Parts 700--799)
VIII National Transportation Safety Board (Parts 800--999)
X Surface Transportation Board, Department of
Transportation (Parts 1000--1399)
XI Bureau of Transportation Statistics, Department of
Transportation (Parts 1400--1499)
Title 50--Wildlife and Fisheries
I United States Fish and Wildlife Service, Department of
the Interior (Parts 1--199)
II National Marine Fisheries Service, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 200--299)
III International Fishing and Related Activities (Parts
300--399)
[[Page 381]]
IV Joint Regulations (United States Fish and Wildlife
Service, Department of the Interior and National
Marine Fisheries Service, National Oceanic and
Atmospheric Administration, Department of
Commerce); Endangered Species Committee
Regulations (Parts 400--499)
V Marine Mammal Commission (Parts 500--599)
VI Fishery Conservation and Management, National Oceanic
and Atmospheric Administration, Department of
Commerce (Parts 600--699)
CFR Index and Finding Aids
Subject/Agency Index
List of Agency Prepared Indexes
Parallel Tables of Statutory Authorities and Rules
List of CFR Titles, Chapters, Subchapters, and Parts
Alphabetical List of Agencies Appearing in the CFR
[[Page 383]]
Alphabetical List of Agencies Appearing in the CFR
(Revised as of January 1, 1999)
CFR Title, Subtitle or
Agency Chapter
Administrative Committee of the Federal Register 1, I
Advanced Research Projects Agency 32, I
Advisory Commission on Intergovernmental 5, VII
Relations
Advisory Committee on Federal Pay 5, IV
Advisory Council on Historic Preservation 36, VIII
African Development Foundation 22, XV
Federal Acquisition Regulation 48, 57
Agency for International Development, United 22, II
States
Federal Acquisition Regulation 48, 7
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Agriculture Department
Agricultural Marketing Service 7, I, IX, X, XI
Agricultural Research Service 7, V
Animal and Plant Health Inspection Service 7, III; 9, I
Chief Financial Officer, Office of 7, XXX
Commodity Credit Corporation 7, XIV
Cooperative State Research, Education, and 7, XXXIV
Extension Service
Economic Research Service 7, XXXVII
Energy, Office of 7, XXIX
Environmental Quality, Office of 7, XXXI
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 4
Federal Crop Insurance Corporation 7, IV
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Forest Service 36, II
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Information Resources Management, Office of 7, XXVII
Inspector General, Office of 7, XXVI
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
Natural Resources Conservation Service 7, VI
Operations, Office of 7, XXVIII
Procurement and Property Management, Office of 7, XXXII
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII
Secretary of Agriculture, Office of 7, Subtitle A
Transportation, Office of 7, XXXIII
World Agricultural Outlook Board 7, XXXVIII
Air Force Department 32, VII
Federal Acquisition Regulation Supplement 48, 53
Alcohol, Tobacco and Firearms, Bureau of 27, I
AMTRAK 49, VII
American Battle Monuments Commission 36, IV
American Indians, Office of the Special Trustee 25, VII
Animal and Plant Health Inspection Service 7, III; 9, I
Appalachian Regional Commission 5, IX
[[Page 384]]
Architectural and Transportation Barriers 36, XI
Compliance Board
Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI
Arms Control and Disarmament Agency, United 22, VI
States
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
Assassination Records Review Board 36, XIV
Benefits Review Board 20, VII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Blind or Severely Disabled, Committee for 41, 51
Purchase From People Who Are
Board for International Broadcasting 22, XIII
Census Bureau 15, I
Central Intelligence Agency 32, XIX
Chief Financial Officer, Office of 7, XXX
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Christopher Columbus Quincentenary Jubilee 45, XXII
Commission
Civil Rights, Commission on 45, VII
Civil Rights, Office for 34, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commerce Department 44, IV
Census Bureau 15, I`
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Emergency Management and Assistance 44, IV
Export Administration, Bureau of 15, VII
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
Foreign-Trade Zones Board 15, IV
International Trade Administration 15, III; 19, III
National Institute of Standards and Technology 15, II
National Marine Fisheries Service 50, II, IV, VI
National Oceanic and Atmospheric 15, IX; 50, II, III, IV,
Administration VI
National Telecommunications and Information 15, XXIII; 47, III
Administration
National Weather Service 15, IX
Patent and Trademark Office 37, I
Productivity, Technology and Innovation, 37, IV
Assistant Secretary for
Secretary of Commerce, Office of 15, Subtitle A
Technology, Under Secretary for 37, V
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Commercial Space Transportation 14, III
Commodity Credit Corporation 7, XIV
Commodity Futures Trading Commission 5, XLI; 17, I
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Community Services, Office of 45, X
Comptroller of the Currency 12, I
Construction Industry Collective Bargaining 29, IX
Commission
Consumer Product Safety Commission 5, LXXI; 16, II
Cooperative State Research, Education, and 7, XXXIV
Extension Service
Copyright Office 37, II
Corporation for National and Community Service 45, XII, XXV
Cost Accounting Standards Board 48, 99
Council on Environmental Quality 40, V
Customs Service, United States 19, I
Defense Contract Audit Agency 32, I
Defense Department 5, XXVI; 32, Subtitle A
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
[[Page 385]]
Army Department 32, V; 33, II; 36, III,
48, 51
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, I, XII; 48, 54
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 2
National Imagery and Mapping Agency 32, I
Navy Department 32, VI; 48, 52
Secretary of Defense, Office of 32, I
Defense Contract Audit Agency 32, I
Defense Intelligence Agency 32, I
Defense Logistics Agency 32, XII; 48, 54
Defense Nuclear Facilities Safety Board 10, XVII
Delaware River Basin Commission 18, III
Drug Enforcement Administration 21, II
East-West Foreign Trade Board 15, XIII
Economic Affairs, Under Secretary 37, V
Economic Analysis, Bureau of 15, VIII
Economic Development Administration 13, III
Economic Research Service 7, XXXVII
Education, Department of 5, LIII
Bilingual Education and Minority Languages 34, V
Affairs, Office of
Civil Rights, Office for 34, I
Educational Research and Improvement, Office 34, VII
of
Elementary and Secondary Education, Office of 34, II
Federal Acquisition Regulation 48, 34
Postsecondary Education, Office of 34, VI
Secretary of Education, Office of 34, Subtitle A
Special Education and Rehabilitative Services, 34, III
Office of
Vocational and Adult Education, Office of 34, IV
Educational Research and Improvement, Office of 34, VII
Elementary and Secondary Education, Office of 34, II
Employees' Compensation Appeals Board 20, IV
Employees Loyalty Board 5, V
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Endangered Species Committee 50, IV
Energy, Department of 5, XXIII; 10, II, III, X
Federal Acquisition Regulation 48, 9
Federal Energy Regulatory Commission 5, XXIV; 18, I
Property Management Regulations 41, 109
Energy, Office of 7, XXIX
Engineers, Corps of 33, II; 36, III
Engraving and Printing, Bureau of 31, VI
Environmental Protection Agency 5, LIV; 40, I
Federal Acquisition Regulation 48, 15
Property Management Regulations 41, 115
Environmental Quality, Office of 7, XXXI
Equal Employment Opportunity Commission 5, LXII; 29, XIV
Equal Opportunity, Office of Assistant Secretary 24, I
for
Executive Office of the President 3, I
Administration, Office of 5, XV
Environmental Quality, Council on 40, V
Management and Budget, Office of 25, III, LXXVII; 48, 99
National Drug Control Policy, Office of 21, III
National Security Council 32, XXI; 47, 2
Presidential Documents 3
Science and Technology Policy, Office of 32, XXIV; 47, II
Trade Representative, Office of the United 15, XX
States
Export Administration, Bureau of 15, VII
Export-Import Bank of the United States 5, LII; 12, IV
Family Assistance, Office of 45, II
Farm Credit Administration 5, XXXI; 12, VI
Farm Credit System Insurance Corporation 5, XXX; 12, XIV
Farm Service Agency 7, VII, XVIII
Federal Acquisition Regulation 48, 1
[[Page 386]]
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 4, II
Federal Communications Commission 5, XXIX; 47, I
Federal Contract Compliance Programs, Office of 41, 60
Federal Crop Insurance Corporation 7, IV
Federal Deposit Insurance Corporation 5, XXII; 12, III
Federal Election Commission 11, I
Federal Emergency Management Agency 44, I
Federal Acquisition Regulation 48, 44
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
Federal Employees Health Benefits Acquisition 48, 16
Regulation
Federal Energy Regulatory Commission 5, XXIV; 18, I
Federal Financial Institutions Examination 12, XI
Council
Federal Financing Bank 12, VIII
Federal Highway Administration 23, I, II; 49, III
Federal Home Loan Mortgage Corporation 1, IV
Federal Housing Enterprise Oversight Office 12, XVII
Federal Housing Finance Board 12, IX
Federal Labor Relations Authority, and General 5, XIV; 22, XIV
Counsel of the Federal Labor Relations
Authority
Federal Law Enforcement Training Center 31, VII
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Pay, Advisory Committee on 5, IV
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
Federal Property Management Regulations System 41, Subtitle C
Federal Railroad Administration 49, II
Federal Register, Administrative Committee of 1, I
Federal Register, Office of 1, II
Federal Reserve System 12, II
Board of Governors 5, LVIII
Federal Retirement Thrift Investment Board 5, VI, LXXVI
Federal Service Impasses Panel 5, XIV
Federal Trade Commission 5, XLVII; 16, I
Federal Transit Administration 49, VI
Federal Travel Regulation System 41, Subtitle F
Fine Arts, Commission on 45, XXI
Fiscal Service 31, II
Fish and Wildlife Service, United States 50, I, IV
Fishery Conservation and Management 50, VI
Food and Drug Administration 21, I
Food and Nutrition Service 7, II
Food Safety and Inspection Service 9, III
Foreign Agricultural Service 7, XV
Foreign Assets Control, Office of 31, V
Foreign Claims Settlement Commission of the 45, V
United States
Foreign Service Grievance Board 22, IX
Foreign Service Impasse Disputes Panel 22, XIV
Foreign Service Labor Relations Board 22, XIV
Foreign-Trade Zones Board 15, IV
Forest Service 36, II
General Accounting Office 4, I, II
General Services Administration 5, LVII
Contract Appeals, Board of 48, 61
Federal Acquisition Regulation 48, 5
Federal Property Management Regulations System 41, 101, 105
Federal Travel Regulation System 41, Subtitle F
General 41, 300
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death 41, 303
of Certain Employees
Relocation Allowances 41, 302
[[Page 387]]
Temporary Duty (TDY) Travel Allowances 41, 301
Geological Survey 30, IV
Government Ethics, Office of 5, XVI
Government National Mortgage Association 24, III
Grain Inspection, Packers and Stockyards 7, VIII; 9, II
Administration
Harry S. Truman Scholarship Foundation 45, XVIII
Health and Human Services, Department of 5, XLV; 45, Subtitle A
Child Support Enforcement, Office of 45, III
Children and Families, Administration for 45, II, III, IV, X
Community Services, Office of 45, X
Family Assistance, Office of 45, II
Federal Acquisition Regulation 48, 3
Food and Drug Administration 21, I
Health Care Financing Administration 42, IV
Human Development Services, Office of 45, XIII
Indian Health Service 25, V
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Health Care Financing Administration 42, IV
Housing and Urban Development, Department of 5, LXV; 24, Subtitle B
Community Planning and Development, Office of 24, V, VI
Assistant Secretary for
Equal Opportunity, Office of Assistant 24, I
Secretary for
Federal Acquisition Regulation 48, 24
Federal Housing Enterprise Oversight, Office 12, XVII
of
Government National Mortgage Association 24, III
Housing--Federal Housing Commissioner, Office 24, II, VIII, X, XX
of Assistant Secretary for
Inspector General, Office of 24, XII
Multifamily Housing Assistance Restructuring, 24, IV
Office of
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Secretary, Office of 24, Subtitle A, VII
Housing--Federal Housing Commissioner, Office of 24, II, VIII, X, XX
Assistant Secretary for
Human Development Services, Office of 45, XIII
Immigration and Naturalization Service 8, I
Independent Counsel, Office of 28, VII
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Indian Health Service 25, V
Information Agency, United States 22, V
Federal Acquisition Regulation 48, 19
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
Inspector General
Agriculture Department 7, XXVI
Health and Human Services Department 42, V
Housing and Urban Development Department 24, XII
Institute of Peace, United States 22, XVII
Inter-American Foundation 5, LXIII; 22, X
Intergovernmental Relations, Advisory Commission 5, VII
on
Interior Department
American Indians, Office of the Special 25, VII
Trustee
Endangered Species Committee 50, IV
Federal Acquisition Regulation 48, 14
Federal Property Management Regulations System 41, 114
Fish and Wildlife Service, United States 50, I, IV
Geological Survey 30, IV
Indian Affairs, Bureau of 25, I, V
Indian Affairs, Office of the Assistant 25, VI
Secretary
Indian Arts and Crafts Board 25, II
Land Management, Bureau of 43, II
Minerals Management Service 30, II
Mines, Bureau of 30, VI
[[Page 388]]
National Indian Gaming Commission 25, III
National Park Service 36, I
Reclamation, Bureau of 43, I
Secretary of the Interior, Office of 43, Subtitle A
Surface Mining and Reclamation Appeals, Board 30, III
of
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Internal Revenue Service 26, I
International Boundary and Water Commission, 22, XI
United States and Mexico, United States
Section
International Development, United States Agency 22, II
for
Federal Acquisition Regulation 48, 7
International Development Cooperation Agency, 22, XII
United States
International Development, United States 22, II; 48, 7
Agency for
Overseas Private Investment Corporation 5, XXXIII; 22, VII
International Fishing and Related Activities 50, III
International Investment, Office of 31, VIII
International Joint Commission, United States 22, IV
and Canada
International Organizations Employees Loyalty 5, V
Board
International Trade Administration 15, III; 19, III
International Trade Commission, United States 19, II
Interstate Commerce Commission 5, XL
James Madison Memorial Fellowship Foundation 45, XXIV
Japan-United States Friendship Commission 22, XVI
Joint Board for the Enrollment of Actuaries 20, VIII
Justice Department 5, XXVIII; 28, I
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 4, II
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration and Naturalization Service 8, I
Offices of Independent Counsel 28, VI
Prisons, Bureau of 28, V
Property Management Regulations 41, 128
Labor Department 5, XLII
Benefits Review Board 20, VII
Employees' Compensation Appeals Board 20, IV
Employment and Training Administration 20, V
Employment Standards Administration 20, VI
Federal Acquisition Regulation 48, 29
Federal Contract Compliance Programs, Office 41, 60
of
Federal Procurement Regulations System 41, 50
Labor-Management Standards, Office of 29, II, IV
Mine Safety and Health Administration 30, I
Occupational Safety and Health Administration 29, XVII
Pension and Welfare Benefits Administration 29, XXV
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
Veterans' Employment and Training, Office of 41, 61; 20, IX
the Assistant Secretary for
Wage and Hour Division 29, V
Workers' Compensation Programs, Office of 20, I
Labor-Management Standards, Office of 29, II, IV
Land Management, Bureau of 43, II
Legal Services Corporation 45, XVI
Library of Congress 36, VII
Copyright Office 37, II
Management and Budget, Office of 5, III, LXXVII; 48, 99
Marine Mammal Commission 50, V
Maritime Administration 46, II
Merit Systems Protection Board 5, II
Micronesian Status Negotiations, Office for 32, XXVII
Mine Safety and Health Administration 30, I
Minerals Management Service 30, II
Mines, Bureau of 30, VI
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Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Multifamily Housing Assistance Restructuring, 24, IV
Office of
National Aeronautics and Space Administration 5, LIX; 14, V
Federal Acquisition Regulation 48, 18
National Agricultural Library 7, XLI
National Agricultural Statistics Service 7, XXXVI
National Archives and Records Administration 5, LXVI; 36, XII
Information Security Oversight Office 32, XX
National Bureau of Standards 15, II
National Capital Planning Commission 1, IV
National Commission for Employment Policy 1, IV
National Commission on Libraries and Information 45, XVII
Science
National and Community Service, Corporation for 45, XII, XXV
National Council on Disability 34, XII
National Credit Union Administration 12, VII
National Drug Control Policy, Office of 21, III
National Foundation on the Arts and the 45, XI
Humanities
National Highway Traffic Safety Administration 23, II, III; 49, V
National Imagery and Mapping Agency 32, I
National Indian Gaming Commission 25, III
National Institute for Literacy 34, XI
National Institute of Standards and Technology 15, II
National Labor Relations Board 5, LXI; 29, I
National Marine Fisheries Service 50, II, IV, VI
National Mediation Board 29, X
National Oceanic and Atmospheric Administration 15, IX; 50, II, III, IV,
VI
National Park Service 36, I
National Railroad Adjustment Board 29, III
National Railroad Passenger Corporation (AMTRAK) 49, VII
National Science Foundation 5, XLIII; 45, VI
Federal Acquisition Regulation 48, 25
National Security Council 32, XXI
National Security Council and Office of Science 47, II
and Technology Policy
National Telecommunications and Information 15, XXIII; 47, III
Administration
National Transportation Safety Board 49, VIII
National Weather Service 15, IX
Natural Resources Conservation Service 7, VI
Navajo and Hopi Indian Relocation, Office of 25, IV
Navy Department 32, VI
Federal Acquisition Regulation 48, 52
Neighborhood Reinvestment Corporation 24, XXV
Northeast Dairy Compact Commission 7, XIII
Nuclear Regulatory Commission 5, XLVIII; 10, I
Federal Acquisition Regulation 48, 20
Occupational Safety and Health Administration 29, XVII
Occupational Safety and Health Review Commission 29, XX
Offices of Independent Counsel 28, VI
Operations Office 7, XXVIII
Overseas Private Investment Corporation 5, XXXIII; 22, VII
Panama Canal Commission 48, 35
Panama Canal Regulations 35, I
Patent and Trademark Office 37, I
Payment From a Non-Federal Source for Travel 41, 304
Expenses
Payment of Expenses Connected With the Death of 41, 303
Certain Employees
Peace Corps 22, III
Pennsylvania Avenue Development Corporation 36, IX
Pension and Welfare Benefits Administration 29, XXV
Pension Benefit Guaranty Corporation 29, XL
Personnel Management, Office of 5, I, XXXV; 45, VIII
Federal Acquisition Regulation 48, 17
Federal Employees Group Life Insurance Federal 48, 21
Acquisition Regulation
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Federal Employees Health Benefits Acquisition 48, 16
Regulation
Postal Rate Commission 5, XLVI; 39, III
Postal Service, United States 5, LX; 39, I
Postsecondary Education, Office of 34, VI
President's Commission on White House 1, IV
Fellowships
Presidential Commission on the Assignment of 32, XXIX
Women in the Armed Forces
Presidential Documents 3
Presidio Trust 36, X
Prisons, Bureau of 28, V
Procurement and Property Management, Office of 7, XXXII
Productivity, Technology and Innovation, 37, IV
Assistant Secretary
Public Contracts, Department of Labor 41, 50
Public and Indian Housing, Office of Assistant 24, IX
Secretary for
Public Health Service 42, I
Railroad Retirement Board 20, II
Reclamation, Bureau of 43, I
Refugee Resettlement, Office of 45, IV
Regional Action Planning Commissions 13, V
Relocation Allowances 41, 302
Research and Special Programs Administration 49, I
Rural Business-Cooperative Service 7, XVIII, XLII
Rural Development Administration 7, XLII
Rural Housing Service 7, XVIII, XXXV
Rural Telephone Bank 7, XVI
Rural Utilities Service 7, XVII, XVIII, XLII
Saint Lawrence Seaway Development Corporation 33, IV
Science and Technology Policy, Office of 32, XXIV
Science and Technology Policy, Office of, and 47, II
National Security Council
Secret Service 31, IV
Securities and Exchange Commission 17, II
Selective Service System 32, XVI
Small Business Administration 13, I
Smithsonian Institution 36, V
Social Security Administration 20, III; 48, 23
Soldiers' and Airmen's Home, United States 5, XI
Special Counsel, Office of 5, VIII
Special Education and Rehabilitative Services, 34, III
Office of
State Department 22, I
Federal Acquisition Regulation 48, 6
Surface Mining and Reclamation Appeals, Board of 30, III
Surface Mining Reclamation and Enforcement, 30, VII
Office of
Surface Transportation Board 49, X
Susquehanna River Basin Commission 18, VIII
Technology Administration 15, XI
Technology Policy, Assistant Secretary for 37, IV
Technology, Under Secretary for 37, V
Tennessee Valley Authority 5, LXIX; 18, XIII
Thrift Supervision Office, Department of the 12, V
Treasury
Trade Representative, United States, Office of 15, XX
Transportation, Department of 5, L
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Commercial Space Transportation 14, III
Contract Appeals, Board of 48, 63
Emergency Management and Assistance 44, IV
Federal Acquisition Regulation 48, 12
Federal Aviation Administration 14, I
Federal Highway Administration 23, I, II; 49, III
Federal Railroad Administration 49, II
Federal Transit Administration 49, VI
Maritime Administration 46, II
National Highway Traffic Safety Administration 23, II, III; 49, V
Research and Special Programs Administration 49, I
Saint Lawrence Seaway Development Corporation 33, IV
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Secretary of Transportation, Office of 14, II; 49, Subtitle A
Surface Transportation Board 49, X
Transportation Statistics Bureau 49, XI
Transportation, Office of 7, XXXIII
Transportation Statistics Brureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury Department 5, XXI; 12, XV; 17, IV
Alcohol, Tobacco and Firearms, Bureau of 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs Service, United States 19, I
Engraving and Printing, Bureau of 31, VI
Federal Acquisition Regulation 48, 10
Federal Law Enforcement Training Center 31, VII
Fiscal Service 31, II
Foreign Assets Control, Office of 31, V
Internal Revenue Service 26, I
International Investment, Office of 31, VIII
Monetary Offices 31, I
Secret Service 31, IV
Secretary of the Treasury, Office of 31, Subtitle A
Thrift Supervision, Office of 12, V
Truman, Harry S. Scholarship Foundation 45, XVIII
United States and Canada, International Joint 22, IV
Commission
United States and Mexico, International Boundary 22, XI
and Water Commission, United States Section
Utah Reclamation Mitigation and Conservation 43, III
Commission
Veterans Affairs Department 38, I
Federal Acquisition Regulation 48, 8
Veterans' Employment and Training, Office of the 41, 61; 20, IX
Assistant Secretary for
Vice President of the United States, Office of 32, XXVIII
Vocational and Adult Education, Office of 34, IV
Wage and Hour Division 29, V
Water Resources Council 18, VI
Workers' Compensation Programs, Office of 20, I
World Agricultural Outlook Board 7, XXXVIII