[Title 3 CFR ]
[Code of Federal Regulations (annual edition) - January 1, 2005 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
3
2004 Compilation
and
Parts 100-102
Revised as of January 1, 2005
The President
________________________
Published by:
Office of the Federal Register
National Archives and Records Administration
A Special Edition of the Federal Register
[[Page ii]]
U.S. GOVERNMENT OFFICIAL EDITION NOTICE
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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
2004 Compilation--Presidential Documents..........................1
Chapter I--Executive Office of the President....................313
Title 3 Finding Aids.................................................323
Tables..........................................................325
List of CFR Sections Affected...................................347
Index...........................................................349
CFR Finding Aids.....................................................361
Table of CFR Titles and Chapters................................363
Alphabetical List of Agencies Appearing in the CFR..............381
[[Page iv]]
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
1999.......................... 7162-7262......... 13110-13144
2000.......................... 7263-7389......... 13145-13185
2001.......................... 7263-7516......... 13145-13251
2002.......................... 7517-7635......... 13252-13282
2003.......................... 7636-7748......... 13283-13323
2004.......................... 7749-7858......... 13324-13368
------------------------------------------------------------------------
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.
[[Page v]]
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, 2005), 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.
[[Page vi]]
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, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
volumes. For the period beginning January 1, 2001, 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). 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 textual 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 202-741-6000
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
The full text of the Code of Federal Regulations, the LSA (List of
CFR Sections Affected), The United States Government Manual, the Federal
Register, Public Laws, Public Papers, Weekly Compilation of Presidential
Documents and the Privacy Act Compilation are available in electronic
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contact Electronic Information Dissemination Services, U.S. Government
Printing Office. Phone 202-512-1530, or 888-293-6498 (toll-free). E-
mail, [email protected].
[[Page vii]]
The Office of the Federal Register also offers a free service on the
National Archives and Records Administration's (NARA) World Wide Web
site for public law numbers, Federal Register finding aids, and related
information. Connect to NARA's web site at www.archives.gov/federal--
register. The NARA site also contains links to GPO Access.
Raymond A. Mosley,
Director,
Office of the Federal Register.
January 1, 2005.
[[Page ix]]
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 2004 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, 2004
Comp.'' Thus, the preferred abbreviated citation for Proclamation 7749
appearing on page 1 of this book, is ``3 CFR, 2004 Comp., p. 1.''
Chapter I entries may be cited ``3 CFR.'' Thus, the preferred
abbreviated citation for section 100.1, appearing in chapter I of this
book, is ``3 CFR 100.1.''
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,
2005, 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 Stephen J. Frattini and Kathleen M. Fargey, under the
supervision of Gwendolyn J. Henderson. Karen L. Ashlin, John S. Ashlin,
and Loretta F. Cochran were assistant editors.
[[Page xi]]
________________________________________________________________________
Cite Presidential documents in this volume
3 CFR, 2004 Comp.
thus: 3 CFR, 2004 Comp., p. 1
________________________________________________________________________
Cite chapter I entries in this volume
3 CFR
thus: 3 CFR 100.1
________________________________________________________________________
[[Page xiii]]
________________________________________________________________________
TITLE 3--THE PRESIDENT
Page
2004 Compilation--Presidential Documents:
Proclamations.....................................................1
Executive Orders................................................131
Other Presidential Documents....................................257
Chapter I--Executive Office of the President:
Part 100.........................................................314
Part 101.........................................................314
Part 102.........................................................314
Finding Aids:
Table 1--Proclamations...........................................325
Table 2--Executive Orders........................................329
Table 3--Other Presidential Documents............................333
Table 4--Presidential Documents Affected During 2004.............339
Table 5--Statutes Cited as Authority for Presidential Documents..343
List of CFR Sections Affected....................................347
Index............................................................349
CFR Finding Aids:
Table of CFR Titles and Chapters.................................363
Alphabetical List of Agencies Appearing in the CFR...............381
TITLE 3--Presidential Documents
[[Page 1]]
2004 Compilation--Presidential Documents
________________________________________________________________________
PROCLAMATIONS
________________________________________________________________________
Proclamation 7749 of January 9, 2004
National Mentoring Month, 2004
By the President of the United States of America
A Proclamation
Mentoring reflects the great strength of America--the heart and soul of
the American people. During National Mentoring Month, we recognize the
dedicated individuals who volunteer their time to mentor young people,
and we encourage more citizens to give back to their communities as
mentors.
Mentors are friends, teachers, and role models. They open doors of
opportunity, convey values, and help provide the stability and
encouragement that young people need to succeed. By spending time with a
child and showing compassion and guidance, a mentor can profoundly
affect a young life. Research shows that adolescents who have an adult
mentor are far less likely to engage in high-risk behaviors. Mentoring
relationships create continuing cycles of hope and promise, as they not
only provide positive influences for individual children, but also
strengthen families and communities.
My Administration is working to expand mentoring and other volunteer
activities across America. Through the USA Freedom Corps, we are
promoting volunteer service and offering our citizens more opportunities
to help others. We are also supporting faith-based and community
organizations, including many who sponsor mentoring programs. In total,
more than 63 million Americans volunteered in their communities over the
past year--approximately 4 million more than the previous year.
The Department of Education will use Federal funds to work with national
youth-serving organizations, independent community groups, and local
[[Page 2]]
education agencies to develop, expand, and strengthen school-based
mentoring programs for disadvantaged middle school students. In
addition, the Department of Health and Human Services, the Department of
Justice, and other agencies will offer grants to help youth- serving
organizations recruit and train adult mentors for nearly 100,000
children whose parents are incarcerated.
These efforts are an important part of our ongoing work to ensure that
every child can realize the great promise of America. Every life has
value and potential, and all deserve the opportunity to have a bright
future. By supporting the individuals and organizations involved in
mentoring and by encouraging more citizens to participate in their good
works, we can transform America, one heart and one soul at a time.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Mentoring Month. I call upon the people of the United States to
recognize the importance of mentoring, to look for opportunities to
serve as mentors in their communities, and to celebrate this month with
appropriate activities and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
January, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7750 of January 12, 2004
To Suspend Entry as Immigrants or Nonimmigrants of Persons Engaged In or
Benefiting From Corruption
By the President of the United States of America
A Proclamation
In light of the importance of legitimate and transparent public
institutions to world stability, peace, and development, and the serious
negative effects that corruption of public institutions has on the
United States efforts to promote security and to strengthen democratic
institutions and free market systems, and in light of the importance to
the United States and the international community of fighting
corruption, as evidenced by the Third Global Forum on Fighting
Corruption and Safeguarding Integrity and other intergovernmental
efforts, I have determined that it is in the interests of the United
States to take action to restrict the international travel and to
suspend the entry into the United States, as immigrants or
nonimmigrants, of certain persons who have committed, participated in,
or are beneficiaries of corruption in the performance of public
functions where that corruption has serious adverse effects on
international activity of U.S. businesses, U.S. foreign assistance
goals, the security of the United States against transnational crime and
terrorism, or the stability of democratic institutions and nations.
[[Page 3]]
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by the Constitution and the laws
of the United States, including section 212(f) of the Immigration and
Nationality Act of 1952, 8 U.S.C. 1182(f), and section 301 of title 3,
United States Code, hereby find that the unrestricted immigrant and
nonimmigrant entry into the United States of persons described in
section 1 of this proclamation would, except as provided in sections 2
and 3 of this proclamation, be detrimental to the interests of the
United States.
I therefore hereby proclaim that:
Section 1. The entry into the United States, as immigrants or
nonimmigrants, of the following persons is hereby suspended:
(a) Public officials or former public officials whose solicitation
or acceptance of any article of monetary value, or other benefit, in
exchange for any act or omission in the performance of their public
functions has or had serious adverse effects on the national interests
of the United States.
(b) Persons whose provision of or offer to provide any article of
monetary value or other benefit to any public official in exchange for
any act or omission in the performance of such official's public
functions has or had serious adverse effects on the national interests
of the United States.
(c) Public officials or former public officials whose
misappropriation of public funds or interference with the judicial,
electoral, or other public processes has or had serious adverse effects
on the national interests of the United States.
(d) The spouses, children, and dependent household members of
persons described in paragraphs (a), (b), and (c) above, who are
beneficiaries of any articles of monetary value or other benefits
obtained by such persons.
Sec. 2. Section 1 of this proclamation shall not apply with respect to
any person otherwise covered by section 1 where entry of the person into
the United States would not be contrary to the interests of the United
States.
Sec. 3. Persons covered by sections 1 and 2 of this proclamation shall
be identified by the Secretary of State or the Secretary's designee, in
his or her sole discretion, pursuant to such standards and procedures as
the Secretary may establish.
Sec. 4. For purposes of this proclamation, ``serious adverse effects on
the national interests of the United States'' means serious adverse
effects on the international economic activity of U.S. businesses, U.S.
foreign assistance goals, the security of the United States against
transnational crime and terrorism, or the stability of democratic
institutions and nations.
Sec. 5. Nothing in this proclamation shall be construed to derogate from
United States Government obligations under applicable international
agreements.
Sec. 6. The Secretary of State shall have responsibility for
implementing this proclamation pursuant to such procedures as the
Secretary may, in the Secretary's discretion, establish.
Sec. 7. This proclamation is effective immediately.
Sec. 8. This proclamation is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any
[[Page 4]]
party, against the United States, its departments, agencies, or other
entities, its officers or employees, or any other person.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
January, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7751 of January 15, 2004
Martin Luther King, Jr., Federal Holiday, 2004
By the President of the United States of America
A Proclamation
On the Martin Luther King, Jr., Federal Holiday, our Nation honors an
American who dedicated his life to the fundamental principles of
freedom, opportunity, and equal justice for all. Today, all Americans
benefit from Dr. King's work and his legacy of courage, dignity, and
moral clarity.
Forty years ago this past August, on the steps of the Lincoln Memorial,
Dr. King spoke passionately of his dream for America. He dreamed of an
America where all citizens would be judged by the content of their
character and not by the color of their skin. He dreamed of an America
where all would enjoy the riches of freedom and the security of justice.
He dreamed of an America where the doors of opportunity would be open to
all of God's children.
Dr. King's leadership moved Americans to examine our hearts--to reject
what he called the ``tranquilizing drug of gradualism'' on the path to
racial justice--and to live up to the ideals of our Constitution and
Declaration of Independence. America has come far in realizing Dr.
King's dream, but there is still work to be done. In remembering Dr.
King's vision and life of service, we renew our commitment to
guaranteeing the unalienable rights of life, liberty, and the pursuit of
happiness for all Americans.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004,
as the Martin Luther King, Jr., Federal Holiday. I encourage all
Americans to observe this day with appropriate activities and programs
that honor the memory and legacy of Dr. King.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
January, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
[[Page 5]]
Proclamation 7752 of January 15, 2004
National Sanctity of Human Life Day, 2004
By the President of the United States of America
A Proclamation
As Americans, we are led by the power of our conscience and the history
of our country to defend and promote the dignity and rights of all
people. Each person, however frail or defenseless, has a place and a
purpose in this world. On National Sanctity of Human Life Day, we
celebrate the gift of life and our commitment to building a society of
compassion and humanity.
Today, the principles of human dignity enshrined in the Declaration of
Independence--that all persons are created equal and possess the
unalienable rights to life, liberty, and the pursuit of happiness--
continue to guide us. In November, I signed into law the Partial-Birth
Abortion Ban Act of 2003, reaffirming our commitment to protecting
innocent life and to a basic standard of humanity--the duty of the
strong to defend the weak. My Administration encourages adoption and
supports abstinence education, crisis pregnancy programs, parental
notification laws, and other measures to help us continue to build a
culture of life. By working together, we will provide hope to the
weakest among us and achieve a more compassionate and merciful world.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, January 18, 2004,
as National Sanctity of Human Life Day. I call upon all Americans to
recognize this day with appropriate ceremonies in our homes and places
of worship and to reaffirm our commitment to respecting the life and
dignity of every human being.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
January, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7753 of January 16, 2004
Religious Freedom Day, 2004
By the President of the United States of America
A Proclamation
America is a land of many faiths, and the right to religious freedom is
a foundation of our Nation. On Religious Freedom Day, Americans
acknowledge the centrality of their faith and reaffirm that the great
strength of our country is the heart and soul of our citizens.
[[Page 6]]
Religious Freedom Day celebrates the passage of the Virginia Statute for
Religious Freedom on January 16, 1786. Thomas Jefferson, drafter of the
legislation, considered it one of his three greatest accomplishments,
along with writing the Declaration of Independence and founding the
University of Virginia. Recognizing the importance of faith to our
people, our Founding Fathers guaranteed religious freedom in the
Constitution.
Protecting our religious freedom requires the vigilance of the American
people and of government at all levels. Within my Administration, the
Department of Justice is acting to protect religious freedom, including
prosecuting those who attack people or places of worship because of
religious affiliation. The Department of Education has issued new
guidelines that allow students to engage in constitutionally protected
religious activity in public schools. These guidelines protect, for
example, students' rights to say a prayer before meals in the cafeteria,
to gather with other students before school to pray, and to engage in
other expressions of personal faith.
Through my Faith-Based and Community Initiative, my Administration
continues to encourage the essential work of faith-based and community
organizations. Governments can and should support effective social
services, including those provided by religious people and
organizations. When government gives that support, it is important that
faith-based institutions not be forced to change their religious
character. In December 2002, I signed an Executive Order to end
discrimination against faith-based organizations in the Federal grants
process. In September 2003, in implementing this order, my
Administration eliminated many of the barriers that have kept faith-
based charities from partnering with the Federal Government to help
Americans in need. Six Federal agencies have proposed or finalized new
regulations to ensure that no organization or beneficiary will be
discriminated against in a Federally funded social service program on
the basis of religion.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004, as
Religious Freedom Day. I urge all Americans to reflect on the blessings
of our religious freedom and to observe this day through appropriate
events and activities in homes, schools, and places of worship.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
January, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7754 of February 2, 2004
American Heart Month, 2004
By the President of the United States of America
A Proclamation
Heart disease is the leading cause of death in the United States. It
affects men and women of every age and race. During American Heart
Month, we
[[Page 7]]
encourage all Americans to join the fight against heart disease and to
learn more about how to prevent it.
More than 64 million Americans suffer from one or more forms of
cardiovascular disease, including high blood pressure, coronary heart
disease, congestive heart failure, stroke, and congenital heart defects.
Many of the risk factors that can lead to heart disease, such as high
blood pressure, high blood cholesterol, and diabetes, can be prevented
or controlled. Research has shown that men and women who lead healthy
lifestyles, including making healthy food choices, getting regular
exercise, maintaining a healthy weight, and choosing not to smoke or
drink excessively, can significantly decrease their risk of heart
disease.
Heart disease is responsible for the deaths of one in three women in the
United States. To make women more aware of the danger of heart disease,
the National Heart, Lung, and Blood Institute of the National Institutes
of Health has joined with the Department of Health and Human Services
and other national organizations to launch a nationwide campaign called
``The Heart Truth.'' This important campaign encourages women to learn
more about heart health, to lead healthier lives, and to talk with their
doctors about their risk for developing heart disease.
During American Heart Month, I urge all Americans to learn more about
heart health and to reduce their risk factors for serious heart
conditions. By making healthy choices, we can live longer and better
lives.
In recognition of the important ongoing fight against heart disease, the
Congress, by Joint Resolution approved December 30, 1963, as amended (77
Stat. 843; 36 U.S.C. 101), has requested that the President issue an
annual proclamation designating February as ``American Heart Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim February 2004 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 heart disease.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
February, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7755 of February 2, 2004
National Consumer Protection Week, 2004
By the President of the United States of America
A Proclamation
Every day, America's consumers conduct millions of financial
transactions. During National Consumer Protection Week, we recognize
those who help to safeguard our citizens from consumer fraud, and we
encourage all Americans to be informed consumers. This year's theme,
``Financial Literacy:
[[Page 8]]
Earning a Lifetime of Dividends,'' highlights the importance of
financial education to consumer protection.
The Federal Government provides many educational resources and programs
to help protect Americans against fraud by giving them information about
their options in the marketplace. The Federal Trade Commission and more
than 100 other Federal agencies have collaborated on a website,
www.consumer.gov, which provides helpful information ranging from how
credit ratings work to how to buy a new car. The Department of the
Treasury has also established an Office of Financial Education to
oversee inter agency efforts to coordinate and expand financial
education initiatives.
In addition, my Administration is working to expand financial literacy
for potential homeowners. We have doubled the funds for housing and
financial counseling services, including those run by faith-based and
community groups, and we are distributing millions of dollars in grants
to national, State, and local organizations that promote home buyer
education and counseling. The Department of Housing and Urban
Development is also collaborating with the Federal Deposit Insurance
Corporation to expand the ``Money Smart'' financial education program in
public housing. Education about the home-buying process not only
protects our citizens from consumer fraud, but also empowers them to
achieve their dreams.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 1 through
February 7, 2004, as National Consumer Protection Week. I call upon
government officials, industry leaders, and consumer advocates to
provide consumers with information about the lifetime benefits of
financial literacy, and I encourage all citizens to take advantage of
the resources that can help them become responsible consumers, savers,
and investors.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
February, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7756 of February 3, 2004
National African American History Month, 2004
By the President of the United States of America
A Proclamation
During National African American History Month, we honor the heritage
and accomplishments of African Americans and recognize their
extraordinary contributions to the United States.
African Americans have upheld the ideals of America, defended our
homeland, and enriched American culture and society. Brave leaders such
as Sojourner Truth, Harriet Tubman, Booker T. Washington, Martin Luther
King, Jr., and Leon Sullivan caused America to examine its heart and to
respect the dignity and equality of all people, regardless of race.
Today, African
[[Page 9]]
Americans are leaders at the highest levels of the military, business,
education, law, government, the arts, sports, and religion.
To help share the stories of the millions of African Americans who have
strengthened our country, I recently signed legislation establishing the
National Museum of African American History and Culture as a part of the
Smithsonian Institution. This museum will commemorate the triumphs of
African Americans--their determination in overcoming the evil of slavery
and discrimination and their many achievements and contributions to our
Nation.
This year's National African American History Month celebrates the 50th
anniversary of the Supreme Court's 1954 decision in Brown v. Board of
Education. In that landmark decision, the Supreme Court declared an end
to the shameful and unconstitutional practice of legal segregation in
schools, ruling unanimously that the Constitution requires all Americans
to be treated equally without regard to the color of their skin. The
Brown decision transformed America and fulfilled the principles of our
Constitution. This year, we remember the brave schoolchildren and
parents who challenged segregation. We recognize the legal and moral
advocates who paved the way for this decision, including Thurgood
Marshall, the heroic lawyer who represented Linda Brown and fought for
her rights and the rights of all African Americans. We remember the nine
justices of the Supreme Court who helped America begin to make equal
justice under law a reality for African Americans. Nearly 50 years after
Brown, we are grateful for the progress America has made, but we also
recognize that there is still work to be done to ensure that our country
lives up to the founding principle that all of God's children are
created equal.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 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 programs and activities that highlight and honor
the contributions African Americans have made to our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of
February, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
[[Page 10]]
Proclamation 7757 of February 26, 2004
Expanding the Scope of the National Emergency and Invocation of
Emergency Authority Relating To the Regulation of the Anchorage and
Movement of Vessels into Cuban Territorial Waters
By the President of the United States of America
A Proclamation
By the authority vested in me by the Constitution and the laws of the
United States of America, in order to expand the scope of the national
emergency declared in Proclamation 6867 of March 1, 1996, based on the
disturbance or threatened disturbance of the international relations of
the United States caused by actions taken by the Cuban government, and
in light of steps taken over the past year by the Cuban government to
worsen the threat to United States international relations, and,
WHEREAS the United States has determined that Cuba is a state-sponsor of
terrorism and it is subject to the restrictions of section 6(j)(1)(A) of
the Export Administration Act of 1979, section 620A of the Foreign
Assistance Act of 1961, and section 40 of the Arms Export Control Act;
WHEREAS the Cuban government has demonstrated a ready and reckless
willingness to use excessive force, including deadly force, against U.S.
citizens, in the ostensible enforcement of its sovereignty, including
the February 1996 shoot-down of two unarmed U.S.-registered civilian
aircraft in international airspace, resulting in the deaths of three
American citizens and one other individual;
WHEREAS the Cuban government has demonstrated a ready and reckless
willingness to use excessive force, including deadly force, against U.S.
citizens and its own citizens, including on July 13, 1995, when persons
in U.S.-registered vessels that entered into Cuban territorial waters
suffered injury as a result of the reckless use of force against them by
the Cuban military, and including the July 1994 sinking of an unarmed
Cuban-registered vessel, resulting in the deaths of 41 Cuban citizens;
WHEREAS the Cuban government has impounded U.S.-registered vessels in
Cuban ports and forced the owners, as a condition of release, to violate
U.S. law by requiring payments to be made to the Cuban government;
WHEREAS the entry of any U.S.-registered vessels into Cuban territorial
waters could result in injury to, or loss of life of, persons engaged in
that conduct, due to the potential use of excessive force, including
deadly force, against them by the Cuban military, and could threaten a
disturbance of international relations;
WHEREAS the unauthorized entry of vessels subject to the jurisdiction of
the United States into Cuban territorial waters is in violation of U.S.
law and contrary to U.S. policy;
WHEREAS the objectives of U.S. policy regarding Cuba are the end of the
dictatorship and a rapid, peaceful transition to a representative
democracy respectful of human rights and characterized by an open market
economic system;
[[Page 11]]
WHEREAS a critical initiative by the United States to advance these U.S.
objectives is to deny resources to the repressive Cuban government,
resources that may be used by that government to support terrorist
activities and carry out excessive use of force against innocent
victims, including U.S. citizens;
WHEREAS the unauthorized entry of U.S.-registered vessels into Cuban
territorial waters is detrimental to the foreign policy of the United
States, which is to deny monetary and material support to the repressive
Cuban government, and, therefore, such unauthorized entries threaten to
disturb the international relations of the United States by facilitating
the Cuban government's support of terrorism, use of excessive force, and
continued existence;
WHEREAS the Cuban government has over the course of its 45-year
existence repeatedly used violence and the threat of violence to
undermine U.S. policy interests. This same regime continues in power
today, and has since 1959 maintained a pattern of hostile actions
contrary to U.S. policy interests. Among other things, the Cuban
government established a military alliance with the Soviet Union, and
invited Soviet forces to install nuclear missiles in Cuba capable of
attacking the United States, and encouraged Soviet authorities to use
those weapons against the United States; it engaged in military
adventurism in Africa; and it helped to form and provide material and
political support to terrorist organizations that sought the violent
overthrow of democratically elected governments in Central America and
elsewhere in the hemisphere allied with the United States, thereby
causing repeated disturbances of U.S. international relations;
WHEREAS the Cuban government has recently and over the last year taken a
series of steps to destabilize relations with the United States,
including threatening to abrogate the Migration Accords with the United
States and to close the U.S. Interests Section, and Cuba's most senior
officials repeatedly asserting that the United States intended to invade
Cuba, despite explicit denials from the U.S. Secretaries of State and
Defense that such action is planned, thereby causing a sudden and
worsening disturbance of U.S. international relations;
WHEREAS U.S. concerns about these unforeseen Cuban government actions
that threaten to disturb international relations were sufficiently grave
that on May 8, 2003, the United States warned the Cuban government that
political manipulations that resulted in a mass migration would be
viewed as a ``hostile act;''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by the Constitution and the laws
of the United States of America, including section 1 of title II of
Public Law 65-24, ch. 30, June 15, 1917, as amended (50 U.S.C. 191),
sections 201 and 301 of the National Emergencies Act (50 U.S.C. 1601 et
seq.), and section 301 of title 3, United States Code, in order to
expand the scope of the national emergency declared in Proclamation 6867
of March 1, 1996, and to secure the observance of the rights and
obligations of the United States, hereby authorize and direct the
Secretary of Homeland Security (the ``Secretary'') to make and issue
such rules and regulations as the Secretary may find appropriate to
regulate the anchorage and movement of vessels, and authorize and
approve the Secretary's issuance of such rules and regulations, as
authorized by the Act of June 15, 1917.
[[Page 12]]
Section 1. The Secretary may make rules and regulations governing the
anchorage and movement of any vessel, foreign or domestic, in the
territorial waters of the United States, which may be used, or is
susceptible of being used, for voyage into Cuban territorial waters and
that may create unsafe conditions, or result in unauthorized
transactions, and thereby threaten a disturbance of international
relations. Any rule or regulation issued pursuant to this proclamation
may be effective immediately upon issuance as such rule or regulation
shall involve a foreign affairs function of the United States.
Sec. 2. The Secretary is authorized to inspect any vessel, foreign or
domestic, in the territorial waters of the United States, at any time;
to place guards on any such vessel; and, with my consent expressly
hereby granted, take full possession and control of any such vessel and
remove the officers and crew and all other persons not specifically
authorized by the Secretary to go or remain on board the vessel when
necessary to secure the rights and obligations of the United States.
Sec. 3. The Secretary may request assistance from such departments,
agencies, officers, or instrumentalities of the United States as the
Secretary deems necessary to carry out the purposes of this
proclamation. Such departments, agencies, officers, or instrumentalities
shall, consistent with other provisions of law and to the extent
practicable, provide requested assistance.
Sec. 4. The Secretary may seek assistance from State and local
authorities in carrying out the purposes of this proclamation. Because
State and local assistance may be essential for an effective response to
this emergency, I urge all State and local officials to cooperate with
Federal authorities and to take all actions within their lawful
authority necessary to prevent the unauthorized departure of vessels
intending to enter Cuban territorial waters.
Sec. 5. All powers and authorities delegated by this proclamation to the
Secretary may be delegated by the Secretary to other officers and agents
of the United States Government unless otherwise prohibited by law.
Sec. 6. Any provisions of Proclamation 6867 that are inconsistent with
the provisions of this proclamation are superseded to the extent of such
inconsistency.
Sec. 7. This proclamation shall be immediately transmitted to the
Congress and published in the Federal Register.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
February, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
[[Page 13]]
Proclamation 7758 of March 1, 2004
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 and 502(a)(1) of the Trade Act of 1974, as
amended (the ``Act'') (19 U.S.C. 2461, 2462(a)(1)), the President is
authorized to designate countries as beneficiary developing countries
for purposes of the Generalized System of Preferences (GSP).
2. Section 502(b)(1)(C) of the Act (19 U.S.C. 2462(b)(1)(C)) specifies
that European Union member states may not be designated as beneficiary
developing countries for purposes of the GSP.
3. Section 502(e) of the Act (19 U.S.C. 2462(e)) provides that the
President shall terminate the designation of a country as a beneficiary
developing country for purposes of the GSP if the President determines
that such country has become a ``high income'' country as defined by the
official statistics of the International Bank for Reconstruction and
Development. Termination is effective on January 1 of the second year
following the year in which such determination is made.
4. Pursuant to sections 501 and 502(a)(1) of the Act, and having due
regard for the factors set forth in section 501 of the Act and taking
into account the factors set forth in section 502(c) (19 U.S.C.
2462(c)), I have decided to designate Algeria as a beneficiary
developing country for purposes of the GSP.
5. Consistent with section 502(b)(1)(C) of the Act, I have decided to
terminate the designation of the Czech Republic, Estonia, Hungary,
Latvia, Lithuania, Poland, and Slovakia as beneficiary developing
countries, with such termination to become effective for each of these
countries when it becomes a European Union member state.
6. Pursuant to section 502(e) of the Act, I have determined that Antigua
and Barbuda, Bahrain, and Barbados have become ``high income''
countries, and I am terminating the designation of those countries as
beneficiary developing countries for purposes of the GSP, effective
January 1, 2006.
7. Section 604 of the Act (19 U.S.C. 2483), authorizes the President to
embody in the Harmonized Tariff Schedule of the United States (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, GEORGE W. BUSH, 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 title V and section
604 of the Act (19 U.S.C. 2461-67, 2483), do proclaim that:
(1) Algeria is designated as a beneficiary developing country for
purposes of the GSP, effective 15 days after the date of this
proclamation.
[[Page 14]]
(2) In order to reflect this designation in the HTS, general note
4(a) to the HTS is modified by adding ``Algeria'' to the list entitled
``Independent Countries,'' effective with respect to articles entered,
or withdrawn from warehouse for consumption, on or after the fifteenth
day after the date of this proclamation.
(3) The designation of the Czech Republic, Estonia, Hungary, Latvia,
Lithuania, Poland, and Slovakia as beneficiary developing countries for
purposes of the GSP is terminated for each country on the date when it
becomes a European Union member state. The United States Trade
Representative shall announce each such date in a notice published in
the Federal Register.
(4) In order to reflect these terminations in the HTS, general note
4(a) to the HTS is modified by deleting ``Czech Republic,'' ``Estonia,''
``Hungary,'' ``Latvia,'' ``Lithuania,'' ``Poland,'' and ``Slovakia''
from the list of independent countries, effective for each of these
countries with respect to articles entered, or withdrawn from warehouse
for consumption, on or after the day on which that country becomes a
European Union member state.
(5) The designation of Antigua and Barbuda, Bahrain, and Barbados as
beneficiary developing countries for purposes of the GSP is terminated,
effective on January 1, 2006.
(6) In order to reflect this termination in the HTS, and to make
other changes to update the list of Caribbean Common Market (CARICOM)
member countries, effective with respect to articles entered, or
withdrawn from warehouse for consumption, on or after January 1, 2006,
general note 4(a) to the HTS is modified by:
(a)
deleting ``Antigua and Barbuda,'' ``Bahrain,'' and ``Barbados''
from the list of independent countries,
(b)
deleting ``Antigua and Barbuda'' and ``Barbados'' from the list of
the ``Member Countries of the Caribbean Common Market (CARICOM),
except The Bahamas'' under the provision ``Associations of Countries
(treated as one country),'' and
(c)
deleting ``Member Countries of the Caribbean Common Market
(CARICOM), except The Bahamas'' and inserting ``Member Countries of
the Caribbean Common Market (CARICOM)'' in lieu thereof, and
deleting ``Consisting of:'' before the list of countries and
inserting ``Currently qualifying:'' in lieu thereof.
(7) 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.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of March,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
[[Page 15]]
Proclamation 7759 of March 3, 2004
American Red Cross Month, 2004
By the President of the United States of America
A Proclamation
The American Red Cross was founded in 1881 by Clara Barton and chartered
by the Congress in 1905 to provide humanitarian services to the United
States in times of need. Today, the Red Cross remains dedicated to
relieving suffering by helping our citizens prepare for and respond to
emergencies and natural disasters.
The Red Cross exemplifies one of the great strengths of America--the
compassion of our people. Each year, the Red Cross responds to tens of
thousands of disasters in the United States, from home fires and
earthquakes to tornadoes and chemical spills. In Afghanistan and Iraq,
the Red Cross is serving military families by delivering emergency
messages between deployed members of our Armed Forces and their
families. Through International Response Teams, the Red Cross provides
vital aid overseas to the victims of disease, famine, war, and natural
disasters. The Red Cross also educates individuals, families, schools,
businesses, and communities about the importance of disaster
preparedness, especially after the terrorist attacks of September 11,
2001. By offering health and safety training such as first aid, CPR, and
aquatic lifesaving, and by facilitating the collection of millions of
units of blood for donation, the Red Cross helps our country to handle
emergencies.
Many of the essential services of the American Red Cross are provided by
volunteers who give their time and energy to help fellow citizens in
need. During Red Cross relief operations, these volunteers assess
damages, drive emergency response vehicles to distribute food and other
supplies to people, and shelter families who have been evacuated from
their homes. As we celebrate American Red Cross Month, I encourage all
Americans to commit themselves to helping others by volunteering in
their communities.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as American Red Cross Month. I
urge all Americans to support this organization's humanitarian mission.
On behalf of a grateful Nation, we also applaud the selfless dedication
of Red Cross employees and volunteers.
IN WITNESS WHEREOF, I have hereunto set my hand this third day of March,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
[[Page 16]]
Proclamation 7760 of March 5, 2004
Irish-American Heritage Month, 2004
By the President of the United States of America
A Proclamation
Millions of Americans trace their ancestry to Ireland's shores. During
Irish-American Heritage Month, we recognize these proud citizens and
their important contributions to America.
Irish Americans have helped settle the American frontier, build our
cities, and defend our homeland. Through their service in government and
the military, they have helped to uphold our democracy and advance
liberty and peace around the world. Through their dedication to faith
and family, they have strengthened our communities and enriched our
Nation's character.
The names of Irish Americans who have helped make America great are
familiar. Davy Crockett and Sam Houston helped settle the West. As
Archbishop, John Cardinal O'Connor served the people of New York with
conviction and compassion. President John Kennedy led America with
steadfast determination during a time of great challenge.
These and millions of other Irish Americans have made America better and
stronger. This month, we celebrate the enormous gifts Irish Americans
have given this Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as Irish-
American Heritage Month. I call upon all Americans to observe this month
by celebrating the contributions of Irish Americans to our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of March,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7761 of March 5, 2004
Women's History Month, 2004
By the President of the United States of America
A Proclamation
During Women's History Month, we celebrate the many accomplishments of
our Nation's women.
Women are leaders in American business, government, law, science,
medicine, the arts, education, and many other fields. As mothers,
sisters, and daughters, they bring compassion and integrity to our
communities and help to teach our children the values that make our
country great.
[[Page 17]]
Women today are following in the footsteps of pioneers such as Sarah
Pierce, Emma Willard, Catherine Beecher, and Mary Lyon, who helped open
the doors to higher education for women in our country. Their vision and
determination changed America forever. Women today also join a long
tradition of defending our Nation. During the Revolutionary War,
Margaret Cochran Corbin fought as a gunner and was severely wounded at
the battle of Fort Washington. Today, more than 200,000 women are
serving in our Nation's Armed Forces and working to defend America and
advance peace and freedom. We are grateful for their sacrifice and for
the military families that support them.
This month, we celebrate the many ways women strengthen and enrich
America.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as Women's
History Month. I call upon all Americans to observe this month with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of March,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7762 of March 5, 2004
Save Your Vision Week, 2004
By the President of the United States of America
A Proclamation
Millions of Americans enjoy healthy vision. Yet, each year, many of our
citizens suffer from vision loss that could have been prevented or
reversed with effective detection and appropriate intervention.
Commemorating Save Your Vision Week reminds us of the importance of
including eye care as part of a regular preventive health routine.
Eating healthy foods, wearing safety glasses, and avoiding the harmful
effects of the sun's ultraviolet rays are ways to help to keep our eyes
healthy. Regular, comprehensive exams are also important to maintain
good vision and eye health. For children, regular eye exams can help
parents ensure that their children's vision is developing normally and
can identify a problem before it becomes more serious. For adults, eye
care professionals can detect glaucoma and eye damage from diabetes in
the early stages of progression, thereby preventing further harm.
Diabetes can seriously affect vision in addition to general health. An
estimated 40 to 45 percent of all people diagnosed with diabetes will
develop some degree of diabetic retinopathy, a leading cause of new
cases of blindness in working-age Americans that often presents few
warning signs and no pain. Other eye diseases such as glaucoma may cause
vision damage and eventual blindness without the individual being aware
of a problem.
[[Page 18]]
The Department of Health and Human Services is working to identify
opportunities to improve the health of all Americans through Healthy
People 2010, a national disease prevention plan. This plan includes the
Healthy Vision 2010 Initiative, which is addressing many of the
challenges posed by the loss or impairment of vision.
The Congress, by joint resolution approved December 30, 1963, as amended
(77 Stat. 629; 36 U.S.C. 138), has authorized and requested the
President to proclaim the first week in March of each year as ``Save
Your Vision Week.'' During this week, I encourage all Americans to learn
more about ways to prevent eye problems for themselves and to help
others maintain the precious gift of sight.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim March 7 through March 13, 2004, 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 get regular eye
examinations. I also encourage eye care professionals, teachers, the
media, and all public and private organizations dedicated to preserving
eyesight to join in activities that will raise awareness of the measures
all citizens can take to protect vision.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of March,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7763 of March 19, 2004
National Poison Prevention Week, 2004
By the President of the United States of America
A Proclamation
Each year, approximately 1 million calls to poison control centers are
made because children may have ingested harmful substances. The National
Poison Prevention Week Council organizes activities annually to raise
awareness of the danger of unintentional poisoning and to educate adults
about how to avoid and handle these emergencies.
Since the first National Poison Prevention Week in 1962, our Nation has
taken important steps to protect children from consuming inappropriate
medicines or household chemicals by heightening awareness, supporting
poison control centers, and improving packaging. In December, I signed
the Poison Control Center Enhancement and Awareness Act Amendments of
2003 to provide assistance for poison prevention programs and to
stabilize the funding of regional poison control centers. This measure
supports those who are working to reduce poisonings in America and to
improve the safety and health of all Americans.
The Consumer Product Safety Commission requires child-resistant
packaging for certain toxic medicines and chemicals. Because packaging
is never completely child-proof, adults should also lock medicines and
chemicals out of the reach of children.
[[Page 19]]
To encourage Americans to learn more about the dangers of accidental
poisonings and to take appropriate preventive measures, the Congress, by
joint resolution approved September 26, 1961, as amended (75 Stat. 681),
has authorized and requested the President to issue a proclamation
designating the third week of March each year as ``National Poison
Prevention Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim March 21 through March 27, 2004, as National
Poison Prevention Week. I call upon all Americans to observe this week
by participating in appropriate activities and by learning how to
prevent poisonings among children.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
March, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7764 of March 25, 2004
Greek Independence Day: A National Day of Celebration of Greek and
American Democracy, 2004
By the President of the United States of America
A Proclamation
The love of liberty that helped shape our Constitution has deep roots in
the spirit of ancient Greece. As we observe Greek Independence Day, we
celebrate the timeless democratic principles that all freedom-loving
people cherish.
To continue to strengthen and spread liberty around the world, the
values and traditions of democracy must be passed on to each new
generation. In 1821, our Nation supported the cause of Greek
independence when the brave men and women of Greece began their long
struggle for liberty. This struggle continued through the end of World
War II. On the anniversary of the Greek Declaration of Independence, we
honor the courage of these proud patriots and celebrate our nations'
shared commitment to democracy.
Today, Greece and America are strong allies and strategic partners in
the great struggles for liberty and the global war on terror. We are
working together to bring a fair and lasting settlement to Cyprus. We
look forward to a future of continued friendship and collaboration
between our two great nations as we advance peace and democracy in the
world.
In celebrating Greek Independence Day, we are also grateful for the many
ways Greek Americans have enriched our communities and strengthened our
country.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004, as Greek
Independence Day: A National Day of Celebration of Greek and American
[[Page 20]]
Democracy. I call upon all Americans to observe this day with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
March, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7765 of April 2, 2004
Cancer Control Month, 2004
By the President of the United States of America
A Proclamation
We have made dramatic progress in our fight against cancer, yet this
disease continues to be the second-leading cause of death in the United
States. Cancer Control Month provides the opportunity for Americans to
learn vital information about cancer prevention, detection, and
treatment.
Medical science is helping cancer victims live healthier, longer lives.
Survival rates are rising, and today our country has more than 9 million
cancer survivors. However, much work remains to be done. Researchers
estimate that more than 1.3 million people in the United States will be
diagnosed with cancer this year, and more than 800,000 will die from the
disease.
A good diet, regular exercise, and healthy choices help people reduce
their risk of developing many chronic diseases, including cancer.
Research suggests that being overweight or obese accounts for 14 percent
of cancer deaths among men and 20 percent among women.
Regular check-ups are also important in the fight against cancer.
Preventive health screenings can detect many forms of cancer at earlier,
less dangerous stages, allowing doctors to stop cancer before it
spreads. I encourage all Americans to talk to their doctors about
preventive screenings and regular check-ups.
As we observe Cancer Control Month, I commend cancer survivors for their
courage and determination. I applaud medical professionals, researchers,
family members, and friends for their efforts to improve the lives of
those suffering from cancer and for their work in finding a cure for
this devastating disease. I encourage all Americans to learn more about
cancer. By working together, we can save lives and win the fight against
cancer.
In 1938, the Congress of the United States passed a joint resolution (52
Stat. 148; 36 U.S.C. 103) as amended, requesting the President to issue
an annual proclamation declaring April as ``Cancer Control Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim April 2004 as Cancer Control Month. I
encourage citizens, government agencies, private businesses, nonprofit
organizations, and other interested groups to join in activities that
will increase awareness of what Americans can do to prevent and control
cancer.
[[Page 21]]
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7766 of April 2, 2004
National Child Abuse Prevention Month, 2004
By the President of the United States of America
A Proclamation
America has a fundamental duty to protect the safety and well-being of
its children. During National Child Abuse Prevention Month, we renew our
commitment to preventing child abuse and neglect, and we dedicate
ourselves to creating a safe environment in which our children can grow
and thrive.
We have made important progress in protecting America's children, but
too many still suffer from abuse and neglect. Recent reports indicate
that nearly 900,000 children were found to be victims of abuse or
neglect in 2002. Of these children, an estimated 1,400 died, 75 percent
of whom were 4 years old or younger.
These young girls and boys depend on adults to recognize the risk
factors and warning signs of abuse and to take action to end it. This
critical responsibility is shared by parents, teachers, coaches,
religious leaders, government officials, and concerned citizens in every
community.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Child Abuse Prevention Month. I encourage all citizens to take an active
role in creating a caring community and help protect America's children
from abuse and neglect.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7767 of April 2, 2004
Education and Sharing Day, U.S.A., 2004
By the President of the United States of America
A Proclamation
On Education and Sharing Day, U.S.A., we recognize the importance of
teaching children good character and values. Families, schools, and
religious congregations help instill in our children the enduring values
of
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courage, compassion, integrity, and respect for differences of faith and
race. By building the mind and character of every child in America, we
encourage our children to make the right choices, and we create a future
of promise and opportunity for all.
As we promote good character, we must also advance excellence in
education and set high standards for all of our students. By raising
expectations, insisting on results, and challenging failure, we
strengthen our schools and create an environment where every student can
succeed.
To help America's young people make the right choices, we need to
provide them with good examples. Strong role models help children build
confidence, gain knowledge, and develop good character. For the past 20
years, this day has honored Rabbi Menachem Mendel Schneerson, the
Lubavitcher Rebbe. He helped establish education and outreach centers,
offering social service programs and humanitarian aid worldwide. After
his death in 1994, the Rebbe received the Congressional Gold Medal for
his ``outstanding and lasting contributions toward improvements in world
education, morality, and acts of charity.''
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2, 2004, as
Education and Sharing Day, U.S.A. I call upon all Americans to
strengthen our Nation by teaching our children about the culture of
responsibility and citizenship.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7768 of April 7, 2004
National D.A.R.E. Day, 2004
By the President of the United States of America
A Proclamation
Drug Abuse Resistance Education (D.A.R.E.) is one of the most widely
recognized substance abuse and violence prevention programs in America.
For more than 20 years, D.A.R.E. has brought specially trained police
officers into classrooms to teach students about the importance of
making healthy choices. These efforts have helped reduce illegal drug
use in our country, but there remains work to be done.
Drug abuse costs people their health and robs them of their promise. A
critical component of stopping illegal drug use is cutting the demand
for drugs, and D.A.R.E. is an important part of expanding these efforts.
By introducing students to local police officers and teaching them to
become good citizens, D.A.R.E. also strengthens communities.
To help prevent illegal drug use, my National Drug Control Strategy
includes the National Youth Anti-Drug Media Campaign; support for drug-
free community coalitions; and $25 million for student drug testing. Our
[[Page 23]]
hard work is showing results. Youth drug use declined 11 percent between
2001 and 2003, meaning that 400,000 fewer young people used drugs.
As we educate young people about the dangers of illegal drugs, we are
also helping to heal those who have fallen into addiction and working to
disrupt the market for illegal drugs. The collaborative efforts of
concerned citizens and officials at the Federal, State, and local levels
are making our neighborhoods safer and our children healthier.
We will continue to work toward a society in which all citizens are free
from the devastating influence of drugs. Law enforcement officials,
community leaders, faith-based groups, parents, teachers, and programs
like D.A.R.E. are all working to achieve this goal.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 8, 2004, as National
D.A.R.E. Day. I call upon our youth, parents, educators, and all
Americans to join in the effort to reduce drug use by expressing
appreciation for the health care professionals, law enforcement
officials, volunteers, teachers, and all those who help young people
avoid the dangers of illegal drugs and violence.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7769 of April 8, 2004
National Donate Life Month, 2004
By the President of the United States of America
A Proclamation
This year marks the 50th anniversary of the first successful organ
transplant in the United States. Since that time, organ and tissue
transplantation have significantly increased, and last year, more than
25,000 Americans received an organ transplant. National Donate Life
Month provides the opportunity to raise awareness about organ and tissue
donation and the importance of sharing your decision to donate with your
family.
While medical advances are enabling Americans to receive lifesaving
transplants, there are not enough donors to help everyone in need. Last
year, close to 6,000 Americans died while waiting for organ transplants.
Currently, more than 84,000 of our citizens are on the waiting list for
a donation, and approximately 30,000 people will be diagnosed with
diseases that a bone marrow transplant could cure.
My Administration is committed to increasing organ and tissue donation.
I have included nearly $25 million in my 2005 budget proposal for organ
procurement and transplantation efforts at the Department of Health and
Human Services and nearly $23 million to support a bone marrow donor
registry. In addition, we continue to increase donations through the
``Gift
[[Page 24]]
of Life Donation Initiative.'' This campaign encourages businesses and
organizations to make information on donation available to their
employees, volunteers, and members, provides donor cards for individuals
to carry with them, promotes the development of donor registries, and
encourages States to educate teenagers on donation through their
drivers' education classes. To make organ donation more viable, I
recently signed into law the Organ Donation and Recovery Improvement
Act. The Act authorizes the awarding of grants for travel reimbursement
to potential donors and helps to increase public awareness and education
about organ donation programs.
After a person decides to be a donor, one of the most important things
he or she needs to do is talk with family members about this decision.
Many opportunities are missed each year because families do not know
what their loved ones wanted. During National Donate Life Month, we
honor our Nation's organ and tissue donors and their families. Their
decision to share the gift of life through America's donor programs
serves as a positive example for all our citizens.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Donate Life Month. I call upon our citizens to sign an organ and tissue
donor card and to be screened for bone marrow donation. I also urge
health care professionals, volunteers, educators, government agencies,
and private organizations to help raise awareness of the important need
for organ and tissue donors in communities throughout our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this eighth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7770 of April 9, 2004
National Former Prisoner of War Recognition Day, 2004
By the President of the United States of America
A Proclamation
Americans look to our veterans as examples of honor and patriotism.
These loyal citizens have risked capture, imprisonment, and their lives
to protect our homeland and advance freedom abroad. As we observe
National Former Prisoner of War Recognition Day, we honor brave
Americans who have demonstrated extraordinary courage in the face of
hardship and terror.
Today, nine out of ten former prisoners of war are veterans of World War
II. These Americans helped to liberate millions and defeat tyranny
around the world, and survived unspeakable horrors for the cause of
freedom. From enduring hard labor in German and Japanese POW camps to
the torturous Bataan Death March, these proud patriots showed strength
of character and incredible resolve in captivity. Their devotion to duty
and love of country stand as a measure of service few others will
attain.
[[Page 25]]
America will never forget these quiet heroes and all of our former
prisoners of war who suffered adversity in Korea, Vietnam, the Persian
Gulf, Somalia, Kosovo, Iraq, and other conflicts. Our Nation is grateful
to our former prisoners of war for their sacrifice to help protect the
democratic ideals that make our country strong. Because of the
dedication of these men and women in uniform, people in our own country
and in lands far away can live in freedom. These citizens inspire us,
and we will always remember their service for liberty's blessings.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004, as National
Former Prisoner of War Recognition Day. I call upon all Americans to
join me in remembering all 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 two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7771 of April 13, 2004
Pan American Day and Pan American Week, 2004
By the President of the United States of America
A Proclamation
Each year on Pan American Day and during Pan American Week, we honor the
bonds of friendship that unite the Pan American community. With the
exception of one country, the nations of the Western Hemisphere
recognize the importance of working together to strengthen democratic
institutions, promote economic prosperity, invest in our people, and
improve our security. At the recent 2004 Special Summit of the Americas,
the 34 democratic nations of the Western Hemisphere reaffirmed their
commitment to the Inter-American Democratic Charter to defend democracy
and freedom whenever they are threatened. Our unity and support of
democratic institutions, constitutional processes, and basic liberties
give hope and strength to those struggling around the world.
The nations of the Western Hemisphere will continue to draw upon the
Charter to strengthen the rule of law, protect human rights and
freedoms, encourage economic growth, and promote good governance. As
neighbors, we are expanding prosperity through open markets and economic
reforms--creating new opportunities for millions of people and continued
economic progress benefiting the nations of our hemisphere. My
Administration will continue to work toward the creation of the Free
Trade Area of the Americas, scheduled for completion in 2005.
To protect the rights and freedoms of all our citizens, the Pan American
community must also combat the forces that threaten democracy:
terrorism,
[[Page 26]]
drug trafficking, and other crimes that transcend national borders. The
Declaration on Security in the Americas, adopted at the October 2003
Organization of American States Special Conference on Security,
underscores our hemisphere's interest in collectively maintaining peace
and security across the Americas. The United States welcomes the
opportunity to work with our neighbors to advance the Declaration's
goals to safeguard our citizens as we build for a future that is
peaceful, just, and prosperous.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 14, 2004, as Pan
American Day and April 11 through April 17, 2004, 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 thirteenth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7772 of April 16, 2004
National Park Week, 2004
By the President of the United States of America
A Proclamation
Our system of national parks is entrusted to each generation of
Americans. By practicing good management and being faithful stewards of
the land, our generation can show that we are worthy of that trust.
During National Park Week, we renew our commitment to caring for these
treasured natural resources.
God designed our lands to be beautiful, but we must ensure God's beauty
is maintained and conserved. Our citizens depend on our dedicated
National Park Service employees and their volunteer partners to fulfill
this important mission. In 2001 and 2002, volunteers contributed
millions of hours of service to our parks by clearing trails, repairing
facilities, leading education programs, and assisting visitors. This
year's National Park Week theme, ``Partners in Stewardship,'' encourages
all Americans to join these volunteer partners in helping to look after
our nearly 400 national park areas.
The Federal Government is investing more in its national parks now than
at any time in its history. To help restore our national parks, my
Administration proposed $4.9 billion in funding over 5 years on needed
maintenance and repairs. We have undertaken hundreds of vital park
maintenance projects and are planning and executing hundreds more. We
are also using a new system of inventory and assessment to identify
facilities needing improvements and to measure those improvements as
they are implemented.
[[Page 27]]
Our citizens own America's parks, historic sites, battlefields,
recreation areas, monuments, and shores, and we want these lands to be
accessible and enjoyable for them to visit. We must respect our natural,
cultural, and recreational heritage and conserve our parks for future
generations. Park maintenance is critical to achieving each of these
goals. By modernizing trail systems, we make it possible for people to
fully appreciate these remarkable places. By maintaining buildings,
roads, and campsites, we ensure our parks remain sources of pride for
our citizens, our communities, and our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 18 through April 25,
2004, as National Park Week. I call upon the people of the United States
to join me in recognizing the importance of our national parks and to
learn more about these areas of beauty, their cultural and historical
significance, and the many ways citizens can volunteer to conserve these
precious resources.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7773 of April 16, 2004
National Volunteer Week, 2004
By the President of the United States of America
A Proclamation
The strength of America lies in the hearts and souls of our citizens.
Across our country, citizens are donating their time and talents to
improving lives and strengthening communities. During National Volunteer
Week, we recognize and celebrate those who serve a cause greater than
self.
This year's theme, ``Volunteers Inspire by Example,'' highlights the
role of volunteers in encouraging others to serve. Last year, more than
63 million Americans gave their time to helping in their communities, an
increase of 4 million from the prior year. Through the dedicated efforts
of America's volunteers, we are building a culture of service,
responsibility, and compassion, particularly among our young people.
Volunteers can make a difference in many ways--by mentoring a child,
caring for the ailing and elderly, building a playground, or caring for
the environment. I created the USA Freedom Corps to help Americans find
opportunities to volunteer. As I travel around our country, I am honored
to meet citizens of all ages who volunteer through programs such as the
Citizen Corps, AmeriCorps, Senior Corps, and the Peace Corps, as well as
many other organizations. Their acts of kindness have a profound effect
on people's lives and on the future of our country. To recognize those
who have demonstrated a sustained commitment to volunteer service, my
Council on Service and Civic Participation presents individuals,
families, and groups
[[Page 28]]
with the President's Volunteer Service Award. This award is a tribute to
those whose outstanding efforts are helping make our country a better
place.
America's volunteers set a fine example for our Nation, and I encourage
all Americans to look for a challenge in their communities and step
forward to lend a hand.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 18 through April 24,
2004, as National Volunteer Week. I call on all Americans to recognize
and celebrate the important work that volunteers do every day across our
country. I also encourage those who have not yet answered the call to
explore ways to get involved.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7774 of April 17, 2004
National Crime Victims' Rights Week, 2004
By the President of the United States of America
A Proclamation
We have made significant advances in reducing crime in our communities.
As we continue to work to prevent crime, we also have a duty to help
victims as they cope with the trauma of crimes committed against them.
Each year during National Crime Victims' Rights Week, we acknowledge the
suffering endured by crime victims, and we honor those who bring hope
and comfort to victims and their families.
This year marks the 20th anniversary of the passage of the Victims of
Crime Act of 1984 (VOCA), landmark legislation that sustains thousands
of local victim assistance programs across the country. Established by
VOCA, the Crime Victims Fund provides crucial assistance for victims and
their families, including counseling, shelter, courtroom advocacy, and
help with expenses. In recent years, VOCA has begun addressing issues
such as cybercrime, identity theft, hate violence, and stalking. It has
also expanded its services to help victims of domestic and international
terrorism.
While our Nation works to prevent terrorist activities, we also continue
to wage a war against other crimes. In fighting violent crime, we battle
the problems of drug abuse, gun violence, and other threats to our
safety. We must ensure that when crimes do occur, we always protect the
rights of victims. For this reason, my Administration continues to
endorse the bipartisan Crime Victims' Rights Amendment. By allowing
victims of violent crime to be present and heard at public proceedings
and by giving them access to information, such an amendment would
guarantee victims' inclusion in the criminal justice process without
threatening the rights of defendants.
[[Page 29]]
While the Congress considers this amendment, my Administration continues
to support important resources for victims and public safety. We have
directed funding to improve the use of DNA technology to solve crime and
identify missing persons; we are employing multiple agency resources to
aid victims of trafficking who are forced into slavery and prostitution;
and we are encouraging faith-based organizations to provide spiritual
and material sustenance to those who have suffered and lost.
This month, I was pleased to sign into law the Unborn Victims of
Violence Act of 2004, which creates a separate offense under Federal law
for death or injury to an unborn child, in addition to any charges
relating to the mother. Across our country, victims are being better
served and better protected, but more can be done. I encourage every
community to show compassion to victims and their families by providing
them with the support they need.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 18 through April 24,
2004, as National Crime Victims' Rights Week. I encourage all Americans
to embrace the cause of victims' rights and help to advance it
throughout our society.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7775 of April 23, 2004
Jewish Heritage Week, 2004
By the President of the United States of America
A Proclamation
Jewish Heritage Week commemorates the rich history of the Jewish people
and the many contributions Jewish Americans have made to our Nation.
This year marks the 350th anniversary of the first permanent Jewish
settlement in North America, in what is known today as New York. We
honor the courage and perseverance of these Jewish immigrants and their
descendants, and we celebrate their steadfast dedication to the ideals
that make America strong.
Through their stories of tragedy and survival, the Jewish people
demonstrate their unyielding faith and share with us the important truth
that even in the face of terrible tragedy, hope endures. Many Jews came
to America in search of a land of freedom and opportunity, and we must
work to preserve their stories for future generations. The lessons of
these stories are timeless and help guide us through the challenges
ahead.
Over the past three and a half centuries, Jewish Americans have helped
shape the history and culture of our Nation. As scientists, physicians,
social workers, educators, artists, businessmen, and in many other
professions, Jewish citizens have contributed to the strength of our
country. Their
[[Page 30]]
commitment to religious freedom, respect for diversity, and belief in
democracy have enriched our society and helped make America a better
place for all. During this historic time, we are particularly grateful
for the many Jewish Americans who serve in our military. Their efforts
help advance the cause of freedom and provide hope for people around the
world.
As we observe Jewish Heritage Week, we remember the proud legacy and
determination of the Jewish people and their strong dedication to faith,
family, and service.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 25 through May 2,
2004, as Jewish Heritage Week. I call upon all Americans to observe this
week with appropriate programs and activities that highlight and honor
the contributions Jewish Americans have made to our Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7776 of April 30, 2004
Older Americans Month, 2004
By the President of the United States of America
A Proclamation
More than 47 million Americans are 60 years old or older. During Older
Americans Month, we honor our senior citizens for enriching and
strengthening our Nation, and we pledge to continue working to enhance
their quality of life.
This year's theme, ``Aging Well, Living Well,'' reflects the many ways
that older Americans contribute to our national character. Many are
working beyond traditional retirement age, while others volunteer their
time serving worthy causes. Through the Senior Corps program of the USA
Freedom Corps, more than half a million older Americans donated time to
their communities last year, and many others are volunteering through
the Peace Corps and other programs.
My Administration is committed to helping our senior citizens lead
better, healthier, and longer lives. Late last year, I was proud to sign
into law the Medicare Prescription Drug, Improvement, and Modernization
Act of 2003. This historic legislation represents the greatest
improvement in senior health care since President Lyndon Johnson signed
the Social Security Act Amendments that created Medicare in 1965. It
gives seniors access to affordable prescription drug coverage, provides
for preventive screenings to diagnose and treat health conditions early,
and updates the Medicare system to let seniors choose coverage that best
meets their needs. These changes are vital to ensuring that seniors can
obtain the health care and prescription drugs they deserve.
[[Page 31]]
Older Americans help others to understand the past, and they teach
timeless lessons of courage, endurance, and love. Through their legacy
of patriotism, service, and responsibility, America's seniors also unite
families and communities and serve as role models for younger
generations.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as Older
Americans Month. I commend older Americans for the contributions they
make to our communities. I further commend Federal officials, State, and
local governments, tribal organizations, service and health care
providers, caregivers, volunteers, and all those who work on behalf of
our senior citizens. I encourage all Americans to honor their elders and
publicly reaffirm our Nation's commitment to older Americans during this
month and throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7777 of April 30, 2004
National Charter Schools Week, 2004
By the President of the United States of America
A Proclamation
America looks to its schools to give all students the skills they need
to realize their dreams and reach their potential. Charter schools help
fulfill this mission. During National Charter Schools Week, we celebrate
the successes of these institutions.
Charter schools are an important part of our effort to improve the
public school system and offer broader educational options to every
family. Like other public schools, charter schools are open to all
students. Because they are subject to fewer State and district
regulations than other public schools, charter schools offer teachers
and administrators more freedom in tailoring programs to meet specific
student and community needs. In exchange for this freedom, they must
meet stricter accountability standards.
Now in their second decade, the demand for charter schools is growing
among families from all backgrounds. During this school year, our
Nation's charter schools will educate nearly 700,000 students. Many
families choose charter schools because of the innovative curriculum and
focus on academic achievement, and because these schools can be a
promising alternative to a low-performing neighborhood school.
Charter schools are an important part of the No Child Left Behind Act.
They provide parents with more choices for their children's education.
The greater autonomy of charter schools allows them to employ innovative
educational practices. Studies have shown that many charter schools
improve academic achievement for their students and that parents of
students in charter schools are satisfied with their children's schools.
[[Page 32]]
My fiscal year 2005 budget includes an overall 49 percent increase for
elementary and secondary education over 2001 levels, and it proposes
$219 million for charter school grants and $100 million for charter
school facilities. Together, funding for these two charter school
programs has increased 68 percent over 2001 levels. By raising
expectations, insisting on results, and refusing to accept failure, we
are strengthening our public schools and improving education for all
children in America.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2 through May 8, 2004,
as National Charter Schools Week. I commend our Nation's charter
schools, and I call on parents of charter school students to share their
successes to help all Americans understand more about the important work
of charter schools.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7778 of April 30, 2004
Law Day, U.S.A., 2004
By the President of the United States of America
A Proclamation
The theme of this year's Law Day, ``To Win Equality by Law: Brown v.
Board at 50,'' celebrates the 50th anniversary of the Supreme Court's
landmark decision in Brown v. Board of Education.
The Declaration of Independence declared the equality of each person
before God and the responsibility of Government to secure the rights of
all. However, it was not until ratification of the 14th Amendment in
1868 that the equality of all citizens under law was guaranteed by the
Constitution. Still, for decades afterwards, millions of African-
American citizens were subjected to shameful discrimination, and in many
public school systems, students were segregated by race. Finally, in the
1954 Brown decision, the Supreme Court ruled that segregating students
in our public schools violated our Constitution.
Our Nation is grateful for the brave men and women and boys and girls
who challenged segregation and helped make equal justice under law a
reality for all Americans. We remember Thurgood Marshall, the heroic
lawyer who represented Linda Brown and fought for her rights and the
rights of all African Americans. We remember the nine justices of the
Supreme Court of the United States who helped America begin to make
equal justice under law a reality for African Americans.
Nearly 50 years after Brown, we appreciate the progress America has
made, but we also recognize that there is still work to be done to
ensure that our country lives up to the founding principle that all of
God's children are
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created equal. As we observe this Law Day and commemorate the
anniversary of Brown v. Board of Education, I encourage all Americans to
celebrate the great distance we have traveled as a Nation and to
continue our work to promote equality and opportunity for all.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, in accordance with Public Law 87-20, as amended, do hereby
proclaim May 1, 2004, as Law Day, U.S.A. I call upon all the people of
the United States to observe this day with appropriate 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 thirtieth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7779 of April 30, 2004
Loyalty Day, 2004
By the President of the United States of America
A Proclamation
As Americans, we work to preserve the freedom declared by our Founding
Fathers, defended by generations, and granted to every man and woman on
Earth by the Almighty. On Loyalty Day, we are reminded that we are
citizens with obligations to our country, to each other, and to our
great legacy of freedom and democracy.
We learn lessons of loyalty from the selfless dedication and unwavering
allegiance of our men and women in uniform. We are grateful for their
courage and willingness to sacrifice for our country, and we stand
united behind them. Through the ``On the Homefront'' program, a USA
Freedom Corps initiative, many Americans are writing to service members,
contributing to the purchase of care packages to be sent overseas, and
helping the families of those deployed with basic family needs such as
home repairs, financial planning, and child care. By supporting our
troops and their families, citizens are making a difference in their
communities and showing loyalty to our country through their patriotism.
America's citizens are also demonstrating their loyalty to our Nation
through volunteer service. In answering the call to serve something
greater than self, Americans reflect the compassion and decency that
make our country great. Through the USA Freedom Corps, my Administration
is providing information about volunteer opportunities to Americans so
they can give back to their communities and help their fellow citizens
in need. The hard work and generosity of America's volunteers help build
a culture of service and responsible citizenship that strengthens
America and sets a positive example for future generations.
Over the past few years, America has once again witnessed the loyalty
and character of our citizens. We must continue to ensure that our young
people know the great cause of freedom and why it is worth defending.
Our
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Founders believed the study of history and citizenship should be at the
core of every American's education. By encouraging students to learn
more about American history and values, we can help prepare the next
generation of Americans to carry our heritage of freedom into the
future. To further this goal, my Administration has created initiatives
such as ``We the People'' and ``Our Documents'' to help bring the
stories and documents central to our history into the modern classroom.
Loyalty Day encourages citizens to demonstrate their commitment to our
country by supporting our military, serving each other, and teaching our
young people about our history and values. Being an American is a
privilege, and our patriotism is a living faith in our country's
founding ideals and the promise of the American Dream.
The Congress, by Public Law 85-529, as amended, has designated May 1 of
each year as ``Loyalty Day,'' and I ask all Americans to join me in this
day of celebration and in reaffirming our allegiance to our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 1, 2004, as Loyalty Day. I call upon all
the people of the United States to join in support of this national
observance. I also call upon government officials to display the flag of
the United States on all government buildings on Loyalty Day.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
April, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7780 of April 30, 2004
National Day of Prayer, 2004
By the President of the United States of America
A Proclamation
In his first Inaugural Address, President George Washington prayed that
the Almighty would preserve the freedom of all Americans. On the
National Day of Prayer, we celebrate that freedom and America's great
tradition of prayer. The National Day of Prayer encourages Americans of
every faith to give thanks for God's many blessings and to pray for each
other and our Nation.
Prayer is an opportunity to praise God for His mighty works, His gift of
freedom, His mercy, and His boundless love. Through prayer, we recognize
the limits of earthly power and acknowledge the sovereignty of God.
According to Scripture, ``the Lord is near to all who call upon Him . .
. He also will hear their cry, and save them.'' Prayer leads to humility
and a grateful heart, and it turns our minds to the needs of others.
On this National Day of Prayer, we pray especially for the brave men and
women of the United States Armed Forces who are serving around the world
to defend the cause of liberty. We are grateful for their courage and
sacrifice and ask God to comfort their families while they are away from
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home. We also pray that the people of Iraq and Afghanistan, and
throughout the Greater Middle East, may live in safety and freedom.
During this time, we continue to ask God's blessing for our Nation,
granting us strength to meet the challenges ahead and wisdom as we work
to build a more peaceful future for all.
The Congress, by Public Law 100-307, as amended, has called on our
citizens to reaffirm the role of prayer in our society by recognizing
annually a ``National Day of Prayer.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 6, 2004, as a National Day of Prayer. I
ask the citizens of our Nation to give thanks, each according to his or
her own faith, for the freedoms and blessings we have received and for
God's continued guidance and protection. I also urge all Americans to
join in observing this day 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 two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
Proclamation 7781 of May 7, 2004
Asian/Pacific American Heritage Month, 2004
By the President of the United States of America
A Proclamation
During Asian/Pacific American Heritage Month, we honor the
accomplishments of Asian/Pacific Americans and the many ways they have
enriched our society and shaped the character of our Nation through
their diverse languages, cultures, and religious beliefs.
Today, Asian/Pacific Americans are leaders in public service, business,
government, science, law, education, athletics, the arts, and many other
areas. Their love of family, community, and hard work has helped to
uphold our Nation for many generations. Asian/Pacific American
entrepreneurs are helping to strengthen our economy and our communities
through their hard work and ingenuity, and they inspire a new generation
of American innovation through their example.
Throughout our history, Asian/Pacific Americans have been patriots,
answering the call to defend our Nation and to protect the blessings of
liberty and democracy. Today, in the war on terror, Asian/Pacific
Americans serve proudly as they carry on our Nation's noble tradition of
advancing the cause of freedom around the world. We are grateful for the
sacrifice of our men and women in uniform and those who love and support
them as we fight to protect our homeland and make the world safe for
democracy.
Today, the more than 13 million Americans of Asian or Pacific Island
heritage contribute to the vitality, success, and prosperity of our
Nation. To honor the achievements and contributions of Asian/Pacific
Americans, the
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Congress by Public Law 102-450 as amended, has designated the month of
May each year as ``Asian/Pacific American Heritage Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 2004 as Asian/Pacific American Heritage
Month. I call upon the people of the United States to reflect upon the
history of Asian/Pacific Americans and their many contributions to our
Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7782 of May 7, 2004
National Physical Fitness and Sports Month, 2004
By the President of the United States of America
A Proclamation
Physical fitness is an integral part of a healthy life and a healthy
America. National Physical Fitness and Sports Month provides an
opportunity for all Americans to learn more about the benefits of
exercise and sports and to make being physically active part of their
everyday lives.
Regular physical activity builds strength and aerobic fitness, provides
motivation, promotes relaxation, and facilitates sleep for people of all
ages and abilities. Regular exercise--in some cases, simply walking for
half an hour--can help reduce the risk of many serious health problems,
such as heart disease and diabetes. By participating in sports,
individuals also learn teamwork, discipline, and how to accept victory
and defeat with grace. These important lessons help build good character
and teach strong values.
My Administration has recommended a few simple steps to achieve better
health and fitness. Our HealthierUS Initiative promotes daily physical
activity, healthy diets, and preventative screenings. It also encourages
people to avoid tobacco and drugs, and to make responsible choices about
alcohol. Across our country, people are making physical activity part of
their daily lives by participating in the President's Challenge, a
fitness program that helps them track weekly fitness activities and
rewards them for reaching defined fitness goals.
As we observe National Physical Fitness and Sports Month, I urge adults
and children to participate in regular physical activity. I encourage
parents to make family time active, and I call on Americans to help
motivate their friends to have anactive lifestyle. By exercising
regularly and participating in sports, we can improve our health, set a
positive example for our children, and help build a stronger future for
our country.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Physical Fitness and Sports Month. I call upon the people of the United
States
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to recognize the importance of daily physical activity and sports for
all our citizens, and to make fitness a part of daily life. I also call
on all Americans to celebrate this month with appropriate ceremonies,
activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7783 of May 7, 2004
Mother's Day, 2004
By the President of the United States of America
A Proclamation
President Theodore Roosevelt once said, ``The mother is the one supreme
asset of national life; she is more important by far than the successful
statesman, or business man, or artist, or scientist.'' Today, mothers
continue to be an important part of our national character. On Mother's
Day, we honor the women whose steadfast love and wisdom have made
America a better place.
During the Civil War, Julia Ward Howe, author of ``The Battle Hymn of
the Republic,'' proposed renaming July 4 as Mother's Day and a day
dedicated to peace. Anna Reeves Jarvis also began working for a similar
holiday and sponsored a Mother's Friendship Day in her hometown to
reunite families divided by the war. It was not until 2 years after her
mother's death that her daughter, Anna M. Jarvis, started the campaign
for the observance of Mother's Day in the United States. By 1911,
Mother's Day was observed in nearly every State of the Union, and in
1914, responding to a joint resolution of the Congress, President
Woodrow Wilson officially designated Mother's Day a national observance.
Motherhood is a rewarding and often difficult job. A mother is a child's
first teacher and affects a child's life like few others can. Effective
mothers can inspire their sons and daughters to love themselves and
others, work hard, make healthy choices, serve causes greater than self,
and achieve their dreams. Mothers who protect, teach, and nurture their
children with all their hearts strengthen their families and help build
a better future for our country.
This Mother's Day, we express our heartfelt thanks to our mothers for
their unconditional love and guidance. We take time to recognize the
many mothers who are supporting their brave sons and daughters in the
Armed Forces, and the many others who are themselves serving proudly in
defense of America's freedom and security. The service and sacrifice of
these women reflect the best of our Nation. They and their loved ones
are in our thoughts and prayers.
[[Page 38]]
The Congress, by a joint resolution approved May 8, 1914, as amended (38
Stat. 770), has designated the second Sunday in May each year as
``Mother's Day'' and has requested the President to call for its
appropriate observance. In honor of all of our Nation's mothers, I am
pleased to do so.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 9, 2004, as Mother's Day. I commend
mothers for the important contributions they make to our society and
encourage all Americans to express their love, gratitude, and respect
for mothers, and to honor their mothers on this day and throughout the
year.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7784 of May 7, 2004
Peace Officers Memorial Day and Police Week, 2004
By the President of the United States of America
A Proclamation
Law enforcement officers are among America's greatest heroes. Every day,
these men and women protect our families, homes, businesses, and
communities.
Our dedicated peace officers put themselves at great risk while working
tirelessly on the front lines in the fight against crime, violence, and
terrorism. According to the National Law Enforcement Officers Memorial
Fund, last year, 145 law enforcement officers made the ultimate
sacrifice and gave their lives in the line of duty, while thousands of
others were injured protecting our citizens from harm. On Peace Officers
Memorial Day and throughout Police Week, we honor the memory of the
fallen and recognize those who devote their lives to enforcing our laws,
bringing criminals to justice, and making America safer and better.
Over the past year, many in our law enforcement community have been
activated as Reservists or members of the National Guard. We are
grateful to these officers and all our military personnel for answering
the call to service, for their commitment to duty, and for the
sacrifices they are making in defense of freedom.
By a joint resolution approved October 1, 1962, as amended, (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 ``Police Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 15, 2004, as Peace Officers Memorial Day
and May 9 through May 15, 2004, as Police Week. I call on all Americans
to observe these events with appropriate ceremonies and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of May,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7785 of May 14, 2004
National Defense Transportation Day and National Transportation Week,
2004
By the President of the United States of America
A Proclamation
Each year, America's transportation system helps many travelers reach
their destinations and carries more than 16 billion tons of freight
worth almost $12 trillion. In addition, our transportation systems play
a critical role in deploying and sustaining our troops and their
equipment around the world.
Throughout our history, advances in transportation have been at the
forefront of progress. Last December, we celebrated the centennial of
the Wright Brothers' first flight in North Carolina. The pioneering work
of the Wright Brothers and subsequent improvements in aviation ushered
in new eras of freedom and captured the imaginations of people around
the world.
Today, our Nation proudly continues this tradition of innovation in all
transportation fields. As we observe National Defense Transportation Day
and National Transportation Week, we continue to modernize
transportation, and we honor transportation professionals who help to
keep our transportation systems secure, efficient, and reliable.
To recognize the men and women who work in the transportation industry
and who contribute to our Nation's well-being and defense, the Congress,
by joint resolution approved May 16, 1957, as amended (36 U.S.C. 120),
has designated the third Friday in May of each year as ``National
Defense Transportation Day,'' and, by joint resolution approved May 14,
1962, as amended (36 U.S.C. 133), declared that the week during which
that Friday falls be designated as ``National Transportation Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim Friday, May 21, 2004, as National Defense
Transportation Day and May 16 through May 22, 2004, as National
Transportation Week.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
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Proclamation 7786 of May 14, 2004
National Hurricane Preparedness Week, 2004
By the President of the United States of America
A Proclamation
Hurricanes are among nature's most powerful forces, bringing destructive
winds, tornadoes, and floods from torrential rains and ocean storm
surges. Each year, several hurricanes develop off American shores in the
Atlantic Ocean, Caribbean Sea, and Gulf of Mexico. Some of these strike
the United States coastline every year, causing numerous fatalities and
costing billions of dollars in damage. Many Americans are vulnerable to
the dangers of these storms.
In recent years, advances in how we predict and track these storms have
improved preparedness and saved lives, but people living in hurricane-
prone areas still must be prepared. The National Hurricane Center within
the Department of Commerce's National Oceanic and Atmospheric
Administration (NOAA) recommends developing a family disaster plan,
creating a disaster supply kit, and staying aware of current weather
situations.
While citizens make preparations to keep themselves safe, the Federal
Government is maintaining our commitment to improve forecasts to provide
advance warning and to coordinate effective emergency response. The
Department of Homeland Security's Federal Emergency Management Agency is
also working on a plan to better position disaster equipment and
supplies, so Federal resources to support local emergency services
arrive quickly.
While no policy can eliminate the threat that hurricanes pose to lives
and property, cooperation among citizens and Federal, State, and local
officials can reduce the dangers and provide a more effective response
to these storms.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 16 through May 22,
2004, as National Hurricane Preparedness Week. I call upon government
agencies, private organizations, schools, news media, and residents in
hurricane-prone areas to share information about hurricane preparedness
and response, and to implement steps to minimize storm damage and save
lives. I also call upon Americans living in the coastal areas of our
Nation to use this opportunity to learn more about how to protect
themselves against the effects of hurricanes and tropical storms.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
[[Page 41]]
Proclamation 7787 of May 14, 2004
Small Business Week, 2004
By the President of the United States of America
A Proclamation
The dedication and entrepreneurial spirit of small business owners are
vital to our Nation's economic growth and prosperity. We celebrate Small
Business Week to applaud the efforts of America's small business men and
women in our communities.
Small businesses are a central part of America's economy. They create
approximately 70 percent of new private sector jobs in this country. As
our Nation's economy continues to grow stronger, we must encourage their
spirit of enterprise.
To help small businesses invest and create more jobs, we have decreased
the tax burden. We have given small business men and women a fair chance
to bid on government contracts. We have a plan to create more
opportunity for America's small businesses and workers by making health
care costs more affordable and predictable; streamlining regulations and
paperwork requirements; reducing frivolous lawsuits; making America less
dependent on foreign sources of energy; and permanently eliminating the
death tax.
In this Small Business Week, we salute America's small business owners
and entrepreneurs and workers for their contributions to America's
prosperity and for making our Nation better and stronger.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 16 through May 22,
2004, as Small Business Week. I call upon 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
their employees and encourage and foster the development of new small
businesses.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7788 of May 14, 2004
World Trade Week, 2004
By the President of the United States of America
A Proclamation
Participating in the world economy makes America's economy stronger. By
opening new markets for American products and services, bringing lower
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prices and more choices to American consumers, and attracting foreign
companies to invest and hire in the United States, free and fair trade
helps create better jobs for American workers. During World Trade Week,
we celebrate the benefits trade brings to our citizens, our economy, and
to countries and people around the world.
Since World War II, the United States has led the world in advancing
trade to create jobs for American workers, increase choice for
consumers, and ensure that quality American goods and services are sold
on every continent. Today, millions of American jobs depend on our goods
and services being sold overseas, and foreign-owned companies and their
suppliers employ millions of Americans here at home.
My Administration has aggressively negotiated trade agreements that
slash foreign tariffs and remove the barriers to selling American goods
and services around the world. Since 2001, we have entered into free
trade agreements with Chile and Singapore and concluded negotiations
with Australia, Morocco, the Dominican Republic, and five countries in
Central America. Free trade agreement negotiations with Colombia,
Ecuador, Peru, Panama, Bahrain, Thailand, and five member countries of
the Southern African Customs Union are in progress or about to begin. We
are also working with our neighbors in the Western Hemisphere to create
a Free Trade Area of the Americas that will form the world's largest
common market and improve the lives of citizens in America and these
countries. By opening foreign markets to American exports and
encouraging foreign countries to set up operations in the United States,
all of these agreements help create more and better jobs in our Nation.
They also help increase prosperity for our workers.
For American businesses and their employees to continue to outperform
other countries, America must remain the best place to do business and
invest capital. In addition, we must ensure that our citizens are
prepared for the high-skilled jobs our economy is creating. By fostering
an environment where the entrepreneurial spirit flourishes and by
providing workers with the best skills and education in the world, we
can maintain our country's economic leadership and help all our citizens
achieve a better life.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 16 through May 22,
2004, as World Trade Week. I encourage all Americans to observe this
week with events, trade shows, and educational programs that celebrate
the benefits of trade to our Nation and the global economy.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
May, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
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Proclamation 7789 of May 21, 2004
National Maritime Day, 2004
By the President of the United States of America
A Proclamation
National Maritime Day provides an opportunity to recognize the men and
women of the United States Merchant Marine and their contributions to
our national security and economic strength.
Since they first offered their ships and services to assist the
Continental Navy in our struggle for independence, to their
distinguished service in World War II, merchant mariners have
courageously sacrificed to protect our country and defend our freedoms.
In 1936, America recognized the contributions of these patriots and
established the U.S. Merchant Marine ``as a naval or military auxiliary
in time of war or national emergency.'' Today, merchant mariners are
delivering essential supplies and equipment to our troops in Iraq and
bravely serving the cause of liberty. They continue to play an important
role in our Nation's efforts to advance democracy, peace, and freedom
around the world, and we are grateful for their dedication.
Merchant mariners also contribute significantly to the U.S. maritime
transportation system. More than 95 percent of non-North American trade
enters our country through our seaports. These ports handle more than
$740 billion and 2 billion tons of domestic and international freight
each year. Those in the maritime industry, including merchant mariners,
enhance waterborne commerce and help promote America's economic growth.
Today, we honor the courage, determination, and service of our Nation's
merchant mariners and remember the many who have given their lives in
defense of our country. Their work reflects the patriotism and devotion
to duty that make America great.
In recognition of the importance of the U.S. Merchant Marine, the
Congress, by joint resolution approved on May 20, 1933, as amended, has
designated May 22 of each year as ``National Maritime Day,'' and has
authorized and requested that the President issue an annual proclamation
calling for its appropriate observance.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 22, 2004, as National Maritime Day. I
call upon the people of the United States to celebrate this observance
and to display 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
May, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
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Proclamation 7790 of May 21, 2004
National Safe Boating Week, 2004
By the President of the United States of America
A Proclamation
Our Nation's many waterways give millions of boating enthusiasts the
opportunity to enjoy the outdoors and spend time with family and
friends. With nearly 13 million recreational boats on our oceans, lakes,
and rivers, boating is a popular pastime. However, far too many
Americans are hurt or killed each year in boating accidents that are
largely preventable.
Each year, of the thousands of boating accidents that occur, many are
caused by operators who are careless, reckless, or inexperienced. In
most cases, boat operators had received no safety instruction, and many
of those who died could have been saved if they had worn life jackets.
During National Safe Boating week, we seek to raise awareness to improve
safety and reduce accidents on our Nation's waters.
Across the Nation, many groups are working to teach recreational boaters
how they can make boating safer through the 2004 North American Safe
Boating Campaign. These include the U.S. Coast Guard, the Coast Guard
Auxiliary, the National Safe Boating Council, and the National
Association of State Boating Law Administrators. These groups recommend
that boaters get boat safety checks, ensure that boats are properly
maintained, take safe boating classes, be aware of homeland security
issues, always wear a life jacket, and never operate a boat under the
influence of alcohol or drugs. By learning about boating safety and
taking some simple precautions, recreational boaters can reduce the risk
of accidents and ensure that they enjoy their time on the water
responsibly.
In recognition of the importance of safe boating practices, the
Congress, by joint resolution approved June 4, 1958 (36 U.S.C. 131), as
amended, has authorized and requested the President to proclaim annually
the 7-day period prior to Memorial Day weekend as ``National Safe
Boating Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim May 22 through May 28, 2004, 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. I
also urge all boaters to learn more about safe boating practices, always
wear life jackets, and take advantage of boating safety programs
throughout the year.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
May, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
[[Page 45]]
Proclamation 7791 of May 26, 2004
Prayer for Peace, Memorial Day, 2004
By the President of the United States of America
A Proclamation
For more than two centuries, Americans have been called to defend the
founding ideals of our democracy. On Memorial Day, a grateful Nation
remembers the proud patriots who made the ultimate sacrifice in defense
of liberty's blessings.
From the opening battles of the American Revolution through the turmoil
of the Civil War, to World War I, World War II, Korea, and Vietnam, to
the Persian Gulf and today's operations in the war on terror in
Afghanistan, Iraq, and around the world, the members of our military
have built a tradition of honorable and faithful service. As we observe
Memorial Day, we remember the more than one million Americans who have
died to preserve our freedom, the more than 140,000 citizens who were
prisoners of war, and all those who were declared missing in action. We
also honor our veterans for their dedication to America and their
sacrifice.
This year, we honor many heroes by observing the 60th anniversary of D-
Day on the beaches of Normandy, and by dedicating the National World War
II Memorial in Washington, D.C. In a radio address on June 6, 1944,
President Franklin Roosevelt described these service members as the
``pride of our Nation,'' who struggled to preserve our civilization. The
fallen from that fateful day and that war will always be remembered.
They hold a cherished place in the history of the United States and in
the memories of the people they liberated.
Today, all who wear the uniform of the United States are serving at a
crucial hour in history, and each has answered a great call to serve our
Nation on the front lines of freedom. As we continue to fight terrorism
and promote peace and freedom, let us pray for the safety and strength
of our troops, for God's blessing on them and their families, and for
those who have lost loved ones.
On this Memorial Day, we honor all of our fallen soldiers, their
commitment to our country, and their legacy of patriotism and sacrifice.
By giving their lives in the cause of freedom, these heroes have
protected and inspired all Americans.
In respect for their devotion to America, the Congress, by a joint
resolution approved on May 11, 1950, as amended (64 Stat. 158), has
requested the President to issue a proclamation calling on 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 people of
the United States might unite in prayer. The Congress, by Public Law
106-579, has also designated the minute beginning at 3:00 p.m. local
time on that day as a time for all Americans to observe the National
Moment of Remembrance.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim Memorial Day, May 31, 2004, as a day of
prayer for permanent peace, and I designate the hour beginning in each
locality at 11:00 a.m. of that day as a time to unite in prayer. I also
ask all
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Americans to observe the National Moment of Remembrance beginning at
3:00 p.m. local time on Memorial Day. I urge the press, radio,
television, and all other media to participate in these observances.
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 until noon on
this Memorial Day on all buildings, grounds, and naval vessels
throughout the United States, and in all areas under its jurisdiction
and control. I also 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-sixth day of
May, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7792 of June 5, 2004
D-Day National Remembrance Day, 2004
By the President of the United States of America
A Proclamation
Sixty years ago, the soldiers, sailors, and airmen of the Allied
Expeditionary Force invaded Normandy in northern France to open a new
front in our war against Nazism and tyranny. The courage of these troops
turned the tide of World War II and changed the fate of the world
forever. Their extraordinary service in the face of great danger
demonstrated the finest qualities of our Nation and of our Allies, and
millions around the world today live in freedom because of their
sacrifice. By remembering the heroic actions of our Armed Forces at
Utah, Omaha, Gold, Juno, and Sword beaches in 1944, we honor a
generation who served this country and saved liberty for people
everywhere.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim June 6, 2004, as D-Day National Remembrance
Day. I call upon all Americans to observe this occasion with appropriate
activities, ceremonies and programs designed to honor those who served
and sacrificed to liberate Europe and defend America's freedom and
security.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of June,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
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Proclamation 7793 of June 5, 2004
National Child's Day, 2004
By the President of the United States of America
A Proclamation
Children are a precious gift and a source of great hope for our future.
National Child's Day celebrates children and reminds us of the
importance of nurturing a child's personal development and providing a
safe environment in which to grow.
Children need our guidance and support. During this time in America's
history, teaching our children to love our Nation and its values remains
a critical responsibility. We need to help young people understand that
freedom is God's gift to every man and woman and that America's legacy
is one of ensuring liberty for all. Our children also need to know about
what other generations have done to build and preserve this great
country, including the service and sacrifice of the men and women who
have defended our Nation. To help prepare our next generation of leaders
to carry on America's tradition of freedom, my Administration has
launched the ``We the People'' initiative to improve the teaching of
history and civics in America's schools, along with the ``Our
Documents'' initiative to help make the treasures in our Nation's
archives more accessible to students and teachers.
Building a solid foundation of character education for our young people
helps to keep our country strong. We live by the immutable values that
families, schools, and religious congregations instill in us. To assist
these fundamental institutions as they shape generations of Americans,
my Administration is supporting Partnerships in Character Education,
which helps establish educational programs that focus on caring, civic
virtue, citizenship, justice, fairness, respect, responsibility, and
trustworthiness. It is essential to teach these morals with confidence
and conviction, as they will guide America's children through their
lives.
Government cannot replace the love of a family in a child's life, but it
can help create an environment where children can grow into healthy,
responsible adults. My Administration has taken several steps to
strengthen education and promote the safety and well-being of America's
children. I signed the No Child Left Behind Act of 2001 to transform
education and open the door of opportunity to all of our children. We
have also strengthened laws to protect children from criminals and
expanded the AMBER Alert system to help recover abducted children. And
because the decisions young people make now can affect their health and
character for the rest of their lives, my Administration is working to
send positive messages to children to help them make healthy lifestyle
choices, avoid the dangers of drug use, and to develop healthy eating
and exercise habits early in life.
On National Child's Day, we recognize the importance of working together
to create a society that is safe for our children, and we renew our
commitment to helping families build a bright future for young people
and our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
[[Page 48]]
laws of the United States, do hereby proclaim June 6, 2004, as National
Child's Day. I urge all Americans to set a positive example for children
and to work to ensure that their communities are safe and supportive
places that help young people grow and reach their full potential. I
also call upon citizens to observe this day with appropriate programs,
ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fifth day of June,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7794 of June 6, 2004
Announcing the Death of Ronald Reagan
By the President of the United States of America
A Proclamation
TO THE PEOPLE OF THE UNITED STATES:
It is my sad duty to announce officially the death of Ronald Reagan, the
fortieth President of the United States, on June 5, 2004.
We are blessed to live in a Nation, and a world, that have been shaped
by the will, the leadership, and the vision of Ronald Reagan.
With an unshakable faith in the values of our country and the character
of our people, Ronald Reagan renewed America's confidence and restored
our Nation. His optimism, strength, and humility epitomized the American
spirit. He always told us that for America the best was yet to come.
Ronald Reagan believed that God takes the side of justice and that
America has a special calling to oppose tyranny and defend freedom.
Through his courage and determination, he enhanced America's security
and advanced the spread of peace, liberty, and democracy to millions of
people who had lived in darkness and oppression. As America's President,
Ronald Reagan helped change the world.
President Reagan has left us, but he has left us stronger and better. We
take comfort in the knowledge that he has left us for a better place,
the shining city that awaits him.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by the authority vested in me by the Constitution and laws of
the United States, in honor and tribute to the memory of Ronald Reagan,
and as an expression of public sorrow, do hereby direct that the flag of
the United States be displayed at half-staff at the White House and on
all buildings, grounds, and Naval vessels of the United States for a
period of 30 days from the day of his death. I also direct that for the
same length of time, the representatives of the United States in foreign
countries shall make similar arrangements for the display of the flag at
half-staff over their Embassies, Legations, and other facilities abroad,
including all military facilities and stations.
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I hereby order that suitable honors be rendered by units of the Armed
Forces under orders of the Secretary of Defense.
I do further appoint Friday, June 11, 2004, as a National Day of
Mourning throughout the United States. I call on the American people to
assemble on that day in their respective places of worship, there to pay
homage to the memory of President Reagan. I invite the people of the
world who share our grief to join us in this solemn observance.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of June,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7795 of June 4, 2004
Great Outdoors Month, 2004
By the President of the United States of America
A Proclamation
More than 200 years ago, Captains Meriwether Lewis and William Clark
embarked upon an expedition to explore uncharted lands and find passage
across the Rocky Mountains to the Pacific Ocean. During the Captains'
journey, their Corps of Discovery encountered remarkable landscapes,
observed wildlife, and traded with American Indians. Two years into his
experience, Captain Lewis was inspired by the beauty of a waterfall
along the Missouri River that he called in his journal, ``the grandest
sight I ever beheld.'' Today, the splendor of the great outdoors
continues to inspire our citizens, and a love of outdoor recreation
remains a fundamental part of the American character. By observing Great
Outdoors Month, we celebrate our commitment to appreciating and
protecting our natural wealth.
Outdoor recreation is an ideal way to exercise and enjoy memorable
experiences with family and friends, and all across our country are
scenic places that sports and nature enthusiasts can explore and help
keep beautiful. During Great Outdoors Month and throughout the year, I
encourage Americans to go camping, fishing, hunting, hiking, bird
watching, boating, or to participate in other outdoor activities that
are part of a healthy lifestyle.
The true strength of our Nation lies in the hearts and souls of our
citizens, and I urge all Americans not only to visit our parks and
recreation areas, but also to volunteer their time and talents to help
maintain the beauty of our environment. Good stewardship of the
environment is not just a personal responsibility, it is a public value;
and citizens who lend a hand to local parks and public lands are vital
to the preservation of our Nation's many special places. Americans can
take pride in the remarkable progress we continue to make in conserving
our environment and natural resources.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as Great
Outdoors Month. I call upon the people of the United States to observe
this month
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with appropriate ceremonies and activities and to participate in safe
and enjoyable outdoor recreation.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of June,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7796 of June 12, 2004
Flag Day and National Flag Week, 2004
By the President of the United States of America
A Proclamation
For more than 200 years, the American flag has served as a symbol of our
country's enduring freedom and unity. Old Glory has welcomed generations
of immigrants to America's shores and is displayed proudly on homes, at
schools, and over businesses across our country. During times of war,
our flag has rallied our citizens to defend the blessings of liberty at
home and abroad. It has accompanied our troops into battle and been
given to grieving families at the grave sites of fallen heroes. Today,
as our brave men and women in uniform fight terrorism and advance
freedom, the flag inspires patriotism and pride across our Nation and
around the world.
Each year on June 14, we honor the American flag and recall the adoption
of our first official national flag by the Continental Congress in 1777.
The first Flag Day observances began quietly in the 19th century as
State and local celebrations recognizing the anniversary of the Stars
and Stripes. Inspired by these patriotic gatherings, President Woodrow
Wilson established the first national observance by proclamation in
1916. To commemorate the adoption of our flag, the Congress, by joint
resolution approved August 3, 1949, as amended (63 Stat. 492),
designated June 14 of each year as ``Flag Day'' and requested that the
President issue an annual proclamation calling for its observance and
for the display of the Flag of the United States on all Federal
Government buildings. The Congress also requested, by joint resolution
approved June 9, 1966, as amended (80 Stat. 194), that the President
issue annually a proclamation designating the week in which June 14
occurs as ``National Flag Week'' and calling upon all citizens of the
United States to display the flag during that week.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim June 14, 2004, as Flag Day and the week
beginning June 13, 2004, 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 America, 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.
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IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
June, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7797 of June 19, 2004
Father's Day, 2004
By the President of the United States of America
A Proclamation
A special bond exists between a father and his children. On Father's
Day, we recognize the important role fathers play in the American
family, and we honor them for their strength, love, and commitment.
After listening to a church service on Mother's Day 1909, Sonora Dodd
proposed a day to honor fathers. She was inspired by the courage and
sacrifice of her own father, a Civil War veteran, who reared six
children by himself after his wife's death. As others began to celebrate
it, the idea for Father's Day spread across America. In 1966, President
Lyndon Johnson officially proclaimed Father's Day as a national
observance.
Fathers have a duty to love their children with all their hearts and
prepare them to be independent, compassionate, and responsible citizens.
A father's words and actions are critical in shaping the character of
his children. A father's love helps teach them right from wrong,
explains to them the consequences of bad decisions, and strengthens them
with encouragement.
As we honor our fathers on this day, we express our heartfelt
appreciation for their leadership, support, and protection for their
children and families. We particularly recognize the many fathers who
are far from home, serving our Nation and defending the cause of freedom
around the world. They have answered a great call and live by a code of
honor and duty that serves as an example for their sons and daughters
and for all Americans.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, in accordance with a joint resolution of the Congress approved
April 24, 1972, as amended (36 U.S.C. 109), do hereby proclaim June 20,
2004, as Father's Day. I encourage all Americans to express love,
admiration, and thanks to their fathers for their contributions to our
lives and to society. I direct the appropriate officials of the
Government to display the flag of the United States on all Government
buildings on this day. I also call upon State and local governments and
citizens to observe this day with appropriate programs, ceremonies, and
activities.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
June, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
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Proclamation 7798 of June 22, 2004
Black Music Month, 2004
By the President of the United States of America
A Proclamation
The creativity and variety of African-American composers, singers, and
musicians have shaped America's artistic and cultural landscape. During
Black Music Month, we celebrate and honor the extraordinary impact of
African-American music on our Nation's musical heritage.
The artistry of black musicians changes as each generation brings new
talent and trends. Yet, there is a continuous theme. From the profound
spirituality of African indigenous faith that influenced gospel, through
the development of blues and jazz, to the emergence of rhythm and blues
and rock and roll, we hear the richness of the African-American
experience, past and present.
The earliest African-American music echoed the struggle of the
oppressed, the trust of the faithful, and the endurance of the weary. We
hear the voice of hope in work songs, hymns, psalms, and spirituals. The
musical expression that captured the struggle for freedom and equality
formed the foundation for gospel, blues, and jazz. African-American
churchgoers transformed early spirituals into gospel music, giving voice
to praises that still move listeners today. In the early 20th century,
performers like Ida Cox and Tommy Johnson gave life to the improvised
performances and style of the blues. As artists migrated to cities, the
blues developed into an urban phenomenon and evolved into a major force
in contemporary music.
During the same period, early pioneers such as Duke Ellington and Jelly
Roll Morton were merging African musical roots with popular and church
music to create a distinctively American sound: jazz. Songs first played
in clubs in New Orleans, Memphis, and Chicago are now recognized and
loved around the world. As jazz has expanded beyond its acoustic roots,
African-American dreams, hopes, and joys have remained at the music's
core.
The brilliance of new musical expressions emerged with rhythm and blues
in the 1940s and rock and roll in the 1950s. Songs from great artists
performing today embody the enduring appeal of this music. As black
music continues to bring enjoyment to us all, the commemoration of this
month expresses our Nation's recognition of its influence and our pride
in its legacy.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as Black Music
Month. I encourage all Americans to learn more about the history of
black music and to enjoy the great contributions of African-American
musicians.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day
of June, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
eighth.
GEORGE W. BUSH
[[Page 53]]
Proclamation 7799 of June 26, 2004
National HIV Testing Day, 2004
By the President of the United States of America
A Proclamation
Every day, 8,000 lives are lost in the global AIDS pandemic. In our
country, nearly 1 million people are infected with HIV, and
approximately 40,000 more contract it each year. National HIV Testing
Day is an opportunity for Americans to increase their awareness of this
terrible disease and to get tested for HIV/AIDS. By working together to
end this pandemic, our Nation's citizens contribute to a brighter future
for themselves and for people around the world.
New drugs and new treatments are bringing hope and enhancing the quality
of life for those who are affected by HIV/AIDS. However, these advances
can only help individuals if they know their HIV status. The National
HIV Testing Day theme, ``It's better to know,'' highlights the
importance of education in helping people make healthy decisions about
preventing and treating HIV/AIDS. Approximately one-quarter of people
who are HIV positive do not know that they are carriers. Without knowing
their status, they cannot get the treatment they need and may
unknowingly spread new infections. Today, testing is easier than ever.
It is imperative that those at risk for HIV/AIDS get tested.
To reach out to HIV/AIDS sufferers in need, I recently announced $20
million in immediate new funding to deliver lifesaving drugs to
Americans who are awaiting them. I have proposed in my 2005 budget to
spend more than $17 billion here at home to expand prevention efforts
such as regular testing and abstinence education, care and treatment,
and research efforts to combat HIV/AIDS. In addition, this budget
proposal doubles funding for abstinence-only programs, because
abstinence is the only sure way to avoid sexually transmitted diseases.
My Administration is working through the Centers for Disease Control and
Prevention's Advancing HIV Prevention initiative to encourage routine
testing as a normal part of health care. At-risk individuals who make
the decision to get tested are taking a step toward saving their own
lives and the lives of others.
My Administration is also fully engaged in the global fight against HIV/
AIDS. I have proposed a record $15 billion over 5 years to combat the
spread of HIV/AIDS around the world, with a focus on some of the
hardest-hit countries of Africa, the Caribbean, and Asia. This money
will be used to prevent 7 million new infections, treat 2 million HIV-
infected people with life-extending drugs, and care for 10 million
individuals impacted by this disease, including orphans.
And, working with international partners, we will support intensified
research to create a vaccine and find a cure. While AIDS remains a
source of great suffering for many individuals, worldwide efforts are
bringing us closer to the day when AIDS will be defeated.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 27, 2004, as National
HIV Testing Day. I encourage the American people to support the battle
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against HIV/AIDS. I also urge those at risk to get tested for the
disease and to learn more about how to end this health threat in America
and around the world.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
June, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7800 of June 30, 2004
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 section 503(c)(1) of title V of the Trade Act of 1974, as
amended (the ``1974 Act'') (19 U.S.C. 2463(c)(1)), the President may
withdraw, suspend, or limit 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 or
beneficiary sub-Saharan African 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. Section 503(c)(2)(C) of the 1974 Act (19 U.S.C. 2463(c)(2)(C))
provides that 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) during the
preceding calendar year.
4. Section 503(c)(2)(F) of the 1974 Act (19 U.S.C. 2463(c)(2)(F))
provides that the President may disregard the competitive need
limitation provided in section 503(c)(2)(A)(i)(II) (19 U.S.C.
2463(c)(2)(A)(i)(II)) with respect to any eligible article from any
beneficiary developing country if the aggregate appraised value of the
imports of such article into the United States during the preceding
calendar year does not exceed an amount set forth in section
503(c)(2)(F)(ii) (19 U.S.C. 2463(c)(2)(F)(ii)).
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 from any
beneficiary developing country if certain conditions are met.
6. Pursuant to section 503(c)(1) of the 1974 Act, and having considered
the factors set forth in sections 501 and 502(c) (19 U.S.C. 2461 and
2462(c)),
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I have determined that it is appropriate to withdraw the designation of
certain articles as eligible articles under the GSP when imported from
any beneficiary developing country. In order to do so for two of the
articles, it is necessary to subdivide and amend the nomenclature of
existing subheadings of the HTS.
7. Pursuant to section 503(c)(1) of the 1974 Act, and having considered
the factors set forth in sections 501 and 502(c), I have determined to
limit the application of duty-free treatment accorded to a certain
article from a certain beneficiary developing country.
8. Pursuant to section 503(c)(1) and 503(c)(2)(A) of the 1974 Act, I
have determined that certain beneficiary countries should no longer
receive preferential tariff treatment under the GSP with respect to
certain eligible articles that were imported in quantities exceeding the
applicable competitive need limitation in 2003.
9. 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).
10. 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.
11. 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 waiver, 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.
12. 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, GEORGE W. BUSH, 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 (19 U.S.C. 2461-7, 2483), 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 be redesignated as beneficiary developing
countries with respect to such article or articles for purposes of the
GSP, and, in order to provide that one or more countries no longer be
treated as a beneficiary developing country with respect to one or more
eligible articles for purposes of the GSP, general note 4(d) to the HTS
is modified as provided in section A of Annex I to this proclamation.
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(2) In order to withdraw the designation of certain articles as
eligible articles for purposes of the GSP, the HTS is modified by
amending and subdividing the nomenclature of certain existing HTS
subheadings as provided in section B of Annex I to this proclamation.
(3) (a) In order to provide preferential tariff treatment under the
GSP to a beneficiary developing country that has been excluded from the
benefits of the GSP for certain eligible articles, the Rates of Duty 1-
Special subcolumn for such HTS subheadings is modified as provided for
in section C(1) of Annex I to this proclamation.
(b) In order to provide that one or more countries 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 such HTS
subheadings is modified as provided for in section C(2) of Annex I to this
proclamation.
(c) In order to withdraw preferential tariff treatment under the GSP for
a certain article imported from any beneficiary developing country, the
Rates of Duty 1-Special subcolumn for such HTS subheading is modified as
provided for in section C(3) of Annex I to this proclamation.
(4) A waiver of the application of section 503(c)(2)(A) (i)(II) of
the 1974 Act shall apply to the eligible articles in the HTS subheadings
and to the beneficiary developing countries listed in Annex II to this
proclamation.
(5) A waiver of the application of section 503(c)(2)(A) of the 1974
Act shall apply to the eligible article in the HTS subheading and to the
beneficiary developing country listed in Annex III to this proclamation.
(6) Any provisions of previous proclamations or Executive Orders
that are inconsistent with the actions taken in this proclamation are
superseded to the extent of such inconsistency.
(7) (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, 2004.
(b) The actions taken in Annex II to this proclamation shall be effective
on July 1, 2004.
(c) The action taken in Annex III to this proclamation shall be effective
on the date of this proclamation.
IN WITNESS WHEREOF, I have hereunto set my hand this thirtieth day of
June, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
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Proclamation 7801 of July 2, 2004
Returning the Flag of the United States to Full-Staff
By the President of the United States of America
A Proclamation
By the authority vested in me as President of the United States by the
Constitution and the laws of the United States of America, and in honor
and tribute to the memory of Ronald Reagan, it is hereby ordered that
the flag of the United States shall be displayed at full-staff at the
White House and on all buildings, grounds, and Naval vessels of the
United States beginning July 3, 2004. I also direct that beginning on
that same date, the representatives of the United States in foreign
countries shall make similar arrangements for the display of the flag at
full-staff over their Embassies, Legations, and other facilities abroad,
including all military facilities and stations.
IN WITNESS WHEREOF, I have hereunto set my hand this second day of July,
in the year of our Lord two thousand four, and of the Independence of
the United States of America the two hundred and twenty-eighth.
GEORGE W. BUSH
Proclamation 7802 of July 16, 2004
Captive Nations Week, 2004
By the President of the United States of America
A Proclamation
Each year during Captive Nations Week, the United States reaffirms our
commitment to building a world where human rights, democracy, and
freedom are respected and protected by the rule of law. As Americans, we
believe the nonnegotiable demands of human dignity must be upheld
without regard to race, gender, creed, or nationality. We stand in
solidarity with those living under repressive regimes who seek democracy
and peaceful changes in their homelands.
Throughout our Nation's history, our brave men and women in uniform have
fought for the freedom of those suffering under authoritarian
governments. From Nazi Germany to Bosnia, and Afghanistan to Iraq,
American service members have fought to remove brutal leaders. The
American people and their generous contributions have helped to rebuild
traumatized nations and given the oppressed hope for the future. More
than a year ago, American service members and our coalition partners
freed the Iraqi people from a dictatorship that routinely tortured and
executed innocent civilians. Since then, Americans have helped the Iraqi
people establish institutions for the protection of human rights, based
on democratic principles, to ensure that freedom will endure in the new
Iraq.
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Earlier this summer, as our Nation paid respect to President Ronald
Reagan, we recognized his contributions to ending the Cold War and
advancing freedom around the world. In his first Inaugural Address,
President Reagan said: ``Above all, we must realize that no arsenal or
no weapon in the arsenals of the world is so formidable as the will and
moral courage of free men and women. It is a weapon our adversaries in
today's world do not have. It is a weapon that we as Americans do
have.'' These words carry forward today as we continue to push for
democratic freedoms and human rights around the world.
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.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim July 18 through July 24, 2004, as Captive
Nations Week. I call upon the people of the United States to observe
this week with appropriate ceremonies and activities and to reaffirm
their commitment to all those seeking liberty, justice, and self-
determination.
IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of
July, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-ninth.
GEORGE W. BUSH
Proclamation 7803 of July 23, 2004
Parents' Day, 2004
By the President of the United States of America
A Proclamation
Parents are a source of hope, help, stability, and love for their
children. Parents also teach children important values like courage,
compassion, self-reliance, reverence, integrity, and respect for others.
As we celebrate Parents' Day, we recognize the important contributions
of America's parents and renew our commitment to standing with our
families to help them raise healthy, responsible children.
Parenthood is a privilege and a great joy that comes with great
responsibility. Mothers and fathers play the vital roles of provider,
nurturer, disciplinarian, counselor, advocate, educator, and motivator.
They offer unconditional love and help their children to realize their
dreams. As parents work to send the right messages to our young people,
they shape the character and future of our Nation.
To help strengthen American families and encourage parents' active
involvement in the lives of their children, my Administration is
committed to promoting healthy marriages and responsible fatherhood. We
are providing information to parents on early childhood education and
development and supporting community-based parenting education programs.
We are also providing parents with more options in educating their
children and more opportunities to adopt young boys and girls in need.
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On Parents' Day, we honor America's mothers and fathers for their
guidance, support, and unconditional love for their children. The
tireless efforts of parents, stepparents, adoptive parents, and foster
parents make our Nation stronger and help build a better future for all
our citizens.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, as
amended, do hereby proclaim Sunday, July 25, 2004, as Parents' Day. I
encourage all Americans to express their love, respect, and appreciation
to parents across our Nation. I also call upon citizens to observe this
day with appropriate programs, ceremonies, and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
July, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-ninth.
GEORGE W. BUSH
Proclamation 7804 of July 26, 2004
Anniversary of the Americans with Disabilities Act, 2004
By the President of the United States of America
A Proclamation
The Americans with Disabilities Act of 1990 (ADA) marked a milestone in
our Nation's quest to guarantee the civil rights of all citizens. The
ADA is a success story that has strengthened the foundation for an
America where we celebrate the talents and abilities of every person.
On the 14th anniversary of this landmark legislation, we recognize the
important progress the ADA has brought about for our citizens and our
Nation. Today, individuals with disabilities are better able to develop
meaningful skills, engage in productive work, and participate fully in
society. Yet, our work is not finished. The millions of Americans with
disabilities continue to face both physical barriers and false
perceptions. Removing those obstacles requires a determined and focused
commitment to the goals of the ADA: equality of opportunity, economic
self-sufficiency, full participation, and independent living.
My Administration continues its work to achieve these goals. My New
Freedom Initiative, announced in February 2001, sets out a comprehensive
strategy for the full integration of people with disabilities into all
aspects of American life. The Department of Justice has established the
ADA Business Connection to build partnerships between the business
community and people with disabilities. This program helps increase
voluntary compliance with the ADA and brings individuals with
disabilities into the mainstream of our economy. Through Project Civic
Access, we have reached agreements with cities and towns across the
country to ensure that people with disabilities are integrated into
community life. In addition, I have signed executive orders that remove
barriers to equal opportunities faced by people with disabilities.
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On July 22, 2004, I signed an Executive Order that makes government
agencies responsible for properly taking into account agency employees
and customers with disabilities in emergency preparedness planning and
coordination with other government entities. To help coordinate this
effort, the Executive Order establishes the Interagency Coordinating
Council on Emergency Preparedness and Individuals with Disabilities.
I also signed an Executive Order on February 24, 2004, to improve
transportation for people who are transportation-disadvantaged,
including people with disabilities. This order helps Federally assisted
community transportation services provide seamless, comprehensive, and
accessible transportation services to people who rely on transportation
services for their lives and livelihood.
My Administration has also begun implementing the recommendations of the
New Freedom Commission on Mental Health. The Commission was established
by Executive Order and its report lays out steps that can be taken to
improve mental health services and support for people of all ages with
mental illness.
By striving to ensure that no American is denied access to employment,
education, cultural activities, or community life because of a
disability, we strengthen our Nation. Through these and other efforts,
we will continue to build on the progress of the ADA, and, by doing so,
hold fast to our Nation's faith in the promise and potential of every
person.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004, as a day in
celebration of the 14th Anniversary of the Americans with Disabilities
Act. I call upon all Americans to celebrate the contributions people
with disabilities make to America and to renew our commitment to
upholding the fundamental principles of the Americans with Disabilities
Act.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
July, in the year of our Lord two thousand four, and of the Independence
of the United States of America the two hundred and twenty-ninth.
GEORGE W. BUSH
Proclamation 7805 of August 16, 2004
National Airborne Day, 2004
By the President of the United States of America
A Proclamation
Americans look to the members of our Armed Forces as examples of honor
and patriotism. On National Airborne Day, we commemorate the first
official Army parachute jump on August 16, 1940, and salute a
distinguished group of individuals whose courage and dedication have
earned them a cherished place in American history.
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Our Nation's Airborne forces have helped liberate millions from
oppression and extend peace and freedom around the world. From the
initial tests of this new medium of warfare, to the establishment of
venerable units serving today, these brave men and women have expanded
the vision and capabilities of our Armed Forces. The Army designated the
first Airborne division on August 15, 1942, and the 82nd Airborne
Division set the standard for achievement and built a proud legacy of
service. Many units followed in their footsteps, fighting bravely in
battle and serving our country with distinction in World War II, Korea,
Vietnam, and other critical missions.
Today's Airborne forces continue the tradition of excellence and
determination as we fight the global war on terror. In Afghanistan and
Iraq, they have helped advance peace and democracy and defended the
American people from danger. We are grateful for their service and
continue to stand solidly behind the men and women of our Airborne
forces, and all those in our military, as they serve on the front lines
of freedom.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 16, 2004, as
National Airborne Day. I encourage all Americans to join me in honoring
those who have served in the Airborne forces. 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 sixteenth day of
August, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7806 of August 26, 2004
Women's Equality Day, 2004
By the President of the United States of America
A Proclamation
On Women's Equality Day, we recognize the hard work and perseverance of
those who helped secure women's suffrage in the United States. With the
ratification of the 19th Amendment to the Constitution in 1920, American
women gained one of the most cherished rights and fundamental
responsibilities of citizenship: the right to vote.
The struggle for women's suffrage in America dates back to the founding
of our country. The movement began in earnest at the Seneca Falls
Convention in 1848, when women drafted a Declaration of Sentiments
proclaiming they had the same rights as men. In 1916, Jeannette Rankin
of Montana became the first American woman elected to the United States
House of Representatives, despite the fact that her fellow women would
not be able to vote nationally for 4 more years. These women and many
more like them worked to ensure that future generations of women could
realize the promise of America.
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Today, American women are leaders in business, government, law, science,
medicine, the arts, education, and many other fields. Women-owned
businesses account for nearly half of all privately held firms and are
opening at twice the rate of male-owned businesses. Through vision,
determination, and a strong work ethic, remarkable American women have
broadened opportunities for themselves and women around the world.
The full participation of women and the protection of their rights as
citizens are essential for freedom and democracy to flourish. In
Afghanistan, women helped draft their country's new constitution in
January 2004, which guarantees free elections and full participation by
women. These women are eager to exercise their rights and are
registering to vote in great numbers; about 40 percent of those
registered to vote in the October Afghan Presidential elections are
women. In Iraq, women are members of the new interim Iraqi government
and the recently established National Council. They also participated in
drafting the Transitional Administrative Law, which prohibits
discrimination on the basis of gender, ethnicity, or religion and
requires that 25 percent of the new legislature be women. In the face of
great challenges, Iraqi women are building a better nation for
themselves and their families.
As we look to the future, we celebrate the extraordinary accomplishments
of women in America and throughout the world and renew our commitment to
equality for all women, both at home and abroad.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004, as
Women's Equality Day. I call upon the people of the United States to
observe this day with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-sixth day of
August, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7807 of September 4, 2004
Minority Enterprise Development Week, 2004
By the President of the United States of America
A Proclamation
Minority businesses are a key component of the American economy and
reflect the values that make our country strong. They create
opportunities for workers, provide goods and services to consumers, and
strengthen our communities. During Minority Enterprise Development Week,
we celebrate the achievements of minority businesses and emphasize our
commitment to creating an environment in which these entrepreneurs can
succeed.
All of America benefits from the strong and vibrant entrepreneurial
spirit of our small business owners. By reducing taxes, encouraging
investment, and removing obstacles to growth, my Administration has
helped American
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businesses thrive and create nearly 1.7 million new jobs since August
2003. In addition, the number of Small Business Administration loans to
minorities increased by 40 percent last year to a 50-year record level.
And my fiscal year 2005 budget request includes a 21 percent increase in
funding for the Department of Commerce's Minority Business Development
Agency, the largest increase in more than a decade.
To help provide sustainable outreach to minority enterprises, my
Administration is working with the National Urban League to create an
entrepreneurship network to further expand minority business ownership.
With the help of government agencies, the private sector, and faith-
based and community organizations, this network will include one-stop
centers for business training, counseling, financing, and contracting
and will focus resources toward facilitating economic growth and
enterprise in historically neglected areas.
More minorities own small businesses than ever before. That is good for
our citizens and good for our country. Together, we can create an
environment where entrepreneurs can flourish and everyone can realize
the American Dream.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 5 through
September 11, 2004, as Minority Enterprise Development Week. I call upon
all Americans to celebrate this week with appropriate programs,
ceremonies, and activities and to recognize the countless contributions
of our Nation's minority enterprises.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7808 of September 7, 2004
To Modify the Generalized System of Preferences, and For Other Purposes
By the President of the United States of America
A Proclamation
1. Pursuant to sections 501 and 502(a)(1) of Title V of the Trade Act of
1974, as amended (the ``1974 Act'') (19 U.S.C. 2461, 2462(a)(1)), the
President is authorized to designate countries as beneficiary developing
countries for purposes of the Generalized System of Preferences (GSP).
2. 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) (19 U.S.C. 2463(c)(2)(A)) with respect to any
eligible article from any beneficiary developing country if certain
conditions are met.
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3. Pursuant to section 503(d)(5) of the 1974 Act (19 U.S.C. 2463(d)(5)),
any waiver granted under section 503(d) shall remain in effect until the
President determines that such waiver is no longer warranted due to
changed circumstances.
4. Section 7(a) of the AGOA Acceleration Act of 2004 (Public Law 108-
274) (``AGOA Acceleration Act'') amended section 506A of the GSP (19
U.S.C. 2466a) to provide certain benefits to any country designated as a
beneficiary sub-Saharan African country under section 506A(a) of the GSP
that becomes a party to a free trade agreement with the United States,
and amended section 506B of the GSP (19 U.S.C. 2466b) to extend the
period during which preferential treatment may be accorded to such
countries.
5. Section 7(b) through (f) of the AGOA Acceleration Act amended section
112 of the African Growth and Opportunity Act (Title I of the Trade and
Development Act of 2000, Public Law 106-200) (AGOA) (19 U.S.C. 3721) to
modify the type and quantity of textile and apparel articles eligible
for the preferential treatment now accorded to designated beneficiary
sub-Saharan African countries, and to provide certain benefits to any
such country that becomes a party to a free trade agreement with the
United States.
6. On December 17, 1992, the Governments of Canada, Mexico, and the
United States entered into the North American Free Trade Agreement
(NAFTA). The Congress approved the NAFTA in section 101(a) of the North
American Free Trade Agreement Implementation Act (the ``NAFTA
Implementation Act'') (19 U.S.C. 3311(a)), and the President implemented
the tariff provisions of the NAFTA with respect to the United States in
Proclamation 6641 of December 15, 1993.
7. Section 201(a) of the NAFTA Implementation Act (19 U.S.C. 3331(a))
authorizes the President to proclaim such duty modifications as the
President may determine to be necessary or appropriate to carry out or
apply, among other provisions, Article 308 and Annex 308.1 of the NAFTA.
8. NAFTA Article 308 and Annex 308.1 provide for each NAFTA Party to
eliminate or reduce normal trade relations (most-favored-nation) rates
of duty on certain automatic data processing machinery and parts, and
set the terms under which such goods shall be considered originating
goods under the NAFTA when imported from the territory of a NAFTA Party.
9. Pursuant to sections 501 and 502(a)(1) of the 1974 Act, and having
due regard for the factors set forth in section 501 of the 1974 Act and
taking into account the factors set forth in section 502(c) of the 1974
Act (19 U.S.C. 2462(c)), I have decided to designate Iraq as a
beneficiary developing country for purposes of the GSP.
10. Pursuant to section 503(d)(5) of the 1974 Act, I have determined
that a previously granted waiver of the competitive need limitations of
section 503(c)(2)(A) is no longer warranted due to changed
circumstances.
11. In order to implement the tariff treatment provided under section 7
of the AGOA Acceleration Act, it is necessary to modify the Harmonized
Tariff Schedule of the United States (HTS).
12. I have determined that each NAFTA Party has eliminated or reduced
its normal trade relations (most-favored-nation) rates of duty
applicable to the goods enumerated in Table 308.1.1 of NAFTA Annex 308.1
to the levels prescribed in that Table. Annex 308.1 provides for those
goods to be
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originating goods under the NAFTA when imported from Canada or Mexico.
13. Pursuant to section 201(a) of the NAFTA Implementation Act, I have
determined that the modifications to the HTS hereinafter proclaimed
concerning goods considered to be originating when imported from the
territory of a NAFTA Party are necessary and appropriate to carry out or
apply Article 308 and Annex 308.1 of the NAFTA.
14. 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, GEORGE W. BUSH, 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 Trade Act, section 112 of the AGOA,
and section 201(a) of the NAFTA Implementation Act, do proclaim that:
(1) Iraq is designated as a beneficiary developing country for
purposes of the GSP, effective 15 days after the date of this
proclamation.
(2) In order to reflect this designation in the HTS, general note
4(a) to the HTS is modified by adding ``Iraq'' to the list entitled
``Independent Countries'', effective with respect to articles entered,
or withdrawn from warehouse for consumption, on or after 15 days after
the date of this proclamation.
(3) In order to provide that a country no longer be treated as a
beneficiary developing country with respect to an eligible article for
purposes of the GSP, general note 4(d) to the HTS is modified as
provided in section 1 of Annex I.
(4) In order to withdraw preferential tariff treatment under the GSP
for a certain article imported from a certain beneficiary developing
country, the Rates of Duty 1-Special subcolumn for such HTS subheading
is modified as provided for in section 2 of Annex I to this
proclamation.
(5) The waiver of the application of section 503(c)(2)(A) of the
1974 Act to the article in the HTS subheading and to the beneficiary
developing country listed in section 3 of Annex I to this proclamation
is revoked.
(6) In order to provide for the preferential treatment provided for
in section 506A and 506B of the GSP, as amended by section 7(a) of the
AGOA Acceleration Act, and section 112 of the AGOA, as amended by
sections 7(b) through (f) of the AGOA Acceleration Act, the HTS is
modified as provided in Annex II to this proclamation.
(7) In order to implement Article 308 and Annex 308.1 of the NAFTA
for certain automatic data processing machinery and parts imported from
Canada and Mexico, the HTS is modified as provided in Annex III to this
proclamation.
(8) Any provisions of previous proclamations and Executive Orders
that are inconsistent with this proclamation are superseded to the
extent of such inconsistency.
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(9) The modifications made by and action taken in Annex I to this
proclamation shall be effective with respect to eligible articles
entered, or withdrawn from warehouse for consumption, on or after 60
days after the date of this proclamation.
(10) The modifications made by Annex II shall be effective with
respect to eligible articles entered, or withdrawn from warehouse for
consumption, on or after July 13, 2004, except that the modifications
made by section 4(A) relating to increases in the quantity of certain
articles eligible for duty-free treatment shall be effective with
respect to articles entered, or withdrawn from warehouse for
consumption, on or after the dates provided in that section.
(11) The modifications made by Annex III shall be effective with
respect to goods entered, or withdrawn from warehouse for consumption,
on or after January 1, 2003.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7809 of September 10, 2004
National Alcohol and Drug Addiction Recovery Month, 2004
By the President of the United States of America
A Proclamation
Across our country, millions of Americans suffer from the debilitating
effects of alcohol and drug abuse. Substance abuse shatters lives,
divides families, and robs people of their promise and potential.
My Administration is confronting these dangers. We are pursuing an
ambitious, focused strategy to cut demand for drugs at home, disrupt
supplies abroad, and ensure that citizens living with addiction get the
treatment they need. We have made progress in fighting substance abuse,
but there is more to do.
One of the worst decisions our children can make is to endanger their
lives and their futures with alcohol or drugs. My Administration is
addressing this problem with a strategy of education, treatment, and law
enforcement. We also support random student drug testing as a prevention
tool. We are seeing the results of all of these efforts, as more of our
young people are also choosing to avoid alcohol and drugs. Drug use
among youth has declined by 11 percent from 2001 to 2003.
My Administration is committed to expanding the choice of service
providers for those struggling with addiction. We recognize the success
of faith-based and community approaches in which caring citizens join
together to offer alternatives to traditional treatment, helping people
change habits by changing their hearts. Through the Access to Recovery
initiative, we have provided an additional $100 million in new grants
this year to expand options for substance abuse treatment and recovery
support services through vouchers, which allow individuals to choose the
services that best meet their recovery needs. In my 2005 budget, I have
proposed doubling funding for this initiative to further expand
treatment. In total, I have requested $3.7 billion for drug treatment
and research programs for 2005, an increase of about 25 percent since
2001.
The struggle against substance abuse is a community effort, and this
month is an opportunity to further raise awareness and support the fight
against the destructive cycle of addiction. I call on all Americans to
make responsible and healthy choices so that everyone can realize the
great promise of our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Alcohol and Drug Addiction Recovery 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 tenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7810 of September 10, 2004
National Ovarian Cancer Awareness Month, 2004
By the President of the United States of America
A Proclamation
Ovarian cancer affects thousands of Americans each year. During this
time of tremendous medical breakthroughs, we are seeing progress in the
effort to overcome this disease, but our work is not finished. National
Ovarian Cancer Awareness Month provides an opportunity for our citizens
to learn more about early detection and treatment for this deadly
cancer.
Although new cases of ovarian cancer in the United States have been
decreasing for more than a decade, the American Cancer Society estimates
that about 25,000 women will be diagnosed this year and over 16,000 will
die from the disease. Family and personal history can affect the
likelihood of developing ovarian cancer. Women should talk with their
doctors and health care providers about preventative screenings and the
benefits and risks of different tests. Understanding risk factors and
the importance of a healthy lifestyle plays a vital role in our efforts
to save lives and reduce the number of women who suffer from ovarian
cancer.
As with many cancers, the chance for successful treatment of ovarian
cancer increases with early detection. The medical community continues
to work on developing an effective screening test that can detect the
disease in its early stages when symptoms may not exist or are very
difficult to diagnose. The National Institutes of Health has invested
more than $120 million this year in ovarian cancer research and expects
to invest more in 2005. Through the National Cancer Institute's Ovarian
Cancer Prevention and Early Detection Study, scientists are following
women at increased risk for the cancer to assess how preemptive surgery
and screening methods affect ovarian cancer occurrence and quality of
life. The Centers for Disease Control and Prevention's Ovarian Cancer
Control Initiative will also focus on factors related to early detection
and treatment.
The United States continues to stay on the leading edge of new
discoveries in medicine, and my Administration remains committed to
providing the resources necessary to learn the causes, understand the
symptoms, and find a cure for ovarian cancer. During this month, we
reaffirm our dedication to these goals and recognize the strength and
courage of the women who have suffered from this disease. We also
recognize the families, friends, and loved ones who support and
encourage these brave women. By working together, we can bring the hope
of a healthier future to women in the fight against ovarian cancer.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Ovarian Cancer Awareness Month. I call upon the people of the United
States to observe this month with appropriate programs and activities.
[[Page 79]]
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7811 of September 10, 2004
National Days of Prayer and Remembrance, 2004
By the President of the United States of America
A Proclamation
On September 11, 2001, America was attacked with deliberate and massive
cruelty. We remember the tragedy of that day. We remember the images of
fire, and the final calls of love, and the courage of rescuers who saw
death and did not flee. We remember the many good lives that ended too
soon. We remember the families left behind to carry a burden of sorrow;
they have shown a courage of their own. During this year's National Days
of Prayer and Remembrance, Americans join together to pray for those who
were lost, and for their loved ones.
Since that day, our Nation has waged a relentless war against terror and
evil. We pray for the brave men and women of the United States Armed
Forces who are serving our country on the front lines of this war. They
have answered a great call, and our Nation is grateful for their
courage, love of country, and dedication to duty. We recognize the
sacrifice of military families and pray that they find comfort in faith
and in knowing that their loved ones are serving an historic cause--
defending our country and advancing peace and freedom in the world.
On this third anniversary of September 11th, we feel the warm courage of
national unity--a unity of grief and a unity of resolve. And we pray
that God will continue to watch over and bless America.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 Friday, September 10,
through Sunday, September 12, 2004, as National Days of Prayer and
Remembrance. I ask that the people of the United States and places of
worship mark these National Days of Prayer and Remembrance with memorial
services, the ringing of bells, and evening candlelight remembrance
vigils. I invite the people of the world to share in these Days of
Prayer and Remembrance.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7812 of September 10, 2004
Patriot Day, 2004
By the President of the United States of America
A Proclamation
Three years ago, our country was ruthlessly attacked, and more than
3,000 innocent people lost their lives. We will always remember the
victims: sons and daughters, husbands and wives, dads and moms, family
members, co-workers, and friends. And we will always be inspired by the
heroism and decency of our fellow citizens on that day. Police,
firefighters, emergency rescue personnel, doctors, nurses, and many
others risked their own lives to save the lives of their fellow
citizens. They demonstrated the great character and bravery of our
Nation, and they embody the great spirit of America.
Since September 11th, America has fought a relentless war on terror
around the world. We are staying on the offensive in this war--striking
the terrorists abroad so we do not have to face them here at home. We
pray that God watch over our brave men and women in uniform and all who
are waging this war and working to keep America safe. And we pray for
their families. In the face of danger, America is showing its character.
Three years after the attack on our country, Americans remain strong and
resolute, patient in a just cause, and confident of the victory to come.
By a joint resolution approved December 18, 2001 (Public Law 107-89),
the Congress has designated September 11 of each year as ``Patriot
Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim September 11, 2004, as Patriot Day. I call
upon the Governors of the United States and the Commonwealth of Puerto
Rico, as well as appropriate officials of all units of government, to
direct that the flag be flown at half-staff on Patriot Day. I call upon
the people of the United States to observe Patriot Day with appropriate
ceremonies and activities, including remembrance services, to display
the flag at half-staff from their homes on that day, and to observe a
moment of silence beginning at 8:46 a.m. eastern daylight time to honor
the innocent victims who lost their lives as a result of the terrorist
attacks of September 11, 2001.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
[[Page 81]]
Proclamation 7813 of September 14, 2004
National Prostate Cancer Awareness Month, 2004
By the President of the United States of America
A Proclamation
We have made dramatic progress in the battle against prostate cancer.
However, prostate cancer is still the most commonly diagnosed form of
cancer and the second-leading cause of cancer-related death among
American men. During National Prostate Cancer Awareness Month, we again
demonstrate our Nation's commitment to the prevention, research, and
treatment of this disease.
Studies have shown that men with certain risk factors are more likely to
develop prostate cancer. Age is the most significant factor--most men
with prostate cancer are older than 65. Family history, a diet high in
animal fats or meat, and certain other factors may also increase the
likelihood of developing this disease. As we work to better understand
the factors contributing to prostate cancer, I urge all men to talk to
their doctors about the best course of action to reduce their own risk.
Although we cannot yet prevent prostate cancer, we know that early
detection and treatment often make the difference between life and
death. Screenings available include blood tests and physical
examinations that can help detect the cancer at earlier, less dangerous
stages. Researchers and scientists are also working to find more
effective treatments that will give patients and their families greater
hope. My Administration is committed to funding vital research and
finding a cure for prostate cancer. Currently, the National Cancer
Institute is sponsoring the largest prostate cancer prevention clinical
trial ever conducted. The National Institutes of Health invested $379
million in prostate cancer research in 2003, and plans to spend almost
$400 million this year and an estimated $417 million in 2005. In
addition, the Centers for Disease Control and Prevention, the Department
of Defense, and the Department of Veterans Affairs are playing essential
roles in efforts to translate research into effective treatments.
To help save lives and raise awareness of prostate cancer, I urge all
Americans to talk with family and friends about the importance of
screening and early detection. By educating ourselves and others about
this disease, we can improve our ability to prevent, detect, treat, and
ultimately cure prostate cancer.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Prostate Cancer Awareness Month. I call upon government officials,
businesses, communities, health care professionals, educators,
volunteers, and all people of the United States to reaffirm our Nation's
strong and continuing commitment to control and cure prostate cancer.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7814 of September 14, 2004
National Historically Black Colleges and Universities Week, 2004
By the President of the United States of America
A Proclamation
This year, as we celebrate the 50th anniversary of Brown v. Board of
Education and the 40th anniversary of the Civil Rights Act of 1964, we
recognize our Historically Black Colleges and Universities (HBCUs) for
their extraordinary accomplishments in education and for extending the
promise of our Nation's founding to all of our citizens. Historically
Black Colleges and Universities were created to educate African
Americans when they were wrongly denied the opportunity to attend school
during the 19th century. Today, these great institutions continue to
advance equal opportunity and excellence in education. In 2002, HBCUs
enrolled 14 percent of all African Americans attending college. Their
graduates are leaders in medicine, education, government, the military,
business, the arts, the law, and many other fields. They include such
heroes as Thurgood Marshall, who led the struggle for equal justice
under law for African Americans and successfully represented African-
American schoolchildren in Brown.
Half a century after the Supreme Court's historic decision in Brown,
America is still working to reach the high calling of its ideals.
Education remains the path to equality and opportunity, and HBCUs are a
vital part of our national commitment to improving education for all of
our citizens. Funding for HBCUs is now at an all-time high. By providing
students with a quality education, HBCUs are continuing to help America
remain a place of opportunity and hope for every citizen.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 12 through
September 18, 2004, as National Historically Black Colleges and
Universities Week. I call upon public officials, educators, librarians,
and all the people of the United States to observe this week with
appropriate ceremonies, activities, and programs to show our respect and
appreciation for these remarkable institutions and their graduates.
IN WITNESS WHEREOF, I have hereunto set my hand this fourteenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
[[Page 83]]
Proclamation 7815 of September 14, 2004
National POW/MIA Recognition Day, 2004
By the President of the United States of America
A Proclamation
Throughout our history, when the enemies of freedom were on the march
and our country needed brave Americans to take up arms and stop their
advance, the members of our Armed Forces answered the call of duty.
These patriotic men and women defended our country in hours of need and
continue to stand watch for freedom. Many of these courageous
individuals risked capture, imprisonment, and their lives to protect our
homeland. On National POW/MIA Recognition Day, we honor the sacrifices
and remarkable determination of those captured as prisoners of war. We
also remember those who remain unaccounted for and ask for God's special
blessing on their families. Our Nation will not forget these heroes, and
we will not stop searching for our service members who are missing in
action.
On National POW/MIA Recognition Day, the flag of the National League of
Families of American Prisoners and Missing in Southeast Asia is flown
over the White House, the Capitol, the Departments of State, Defense,
and Veterans Affairs, the Selective Service System Headquarters, the
National Vietnam Veterans and Korean War Veterans Memorials, U.S.
military installations, national cemeteries, and other locations across
our country. This flag serves as a reminder of our continued commitment
to those still missing and those imprisoned while serving in World War
II, Korea, Vietnam, the Persian Gulf, Somalia, Kosovo, Iraq, and other
conflicts. We remain grateful for their service and sacrifice and pledge
to continue to achieve the fullest possible accounting for all of our
men and women in uniform still missing.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 14, 2004, as
National POW/MIA Recognition Day. I call upon the people of the United
States to join me in saluting all American POWs and those missing in
action who valiantly served our great country. I 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 fourteenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7816 of September 17, 2004
National Hispanic Heritage Month, 2004
By the President of the United States of America
A Proclamation
During National Hispanic Heritage Month, we recognize Hispanic Americans
for helping to shape our national character and strengthen our
communities. The warmth and vitality of the Hispanic culture are great
gifts to America and are part of the unique fabric of our country.
Hispanic Americans have enriched our Nation through contributions in
many professions and fields, including education, law, government,
business, science, sports, and the arts. Since our Nation's founding,
Hispanic Americans have served bravely in the United States Armed
Forces, earning more than 3 dozen Medals of Honor and numerous
distinguished military decorations for their leadership, courage, and
patriotism. Today, Hispanic Americans in our Armed Forces, National
Guard, and Reserve units continue this proud legacy as they stand watch
on the front lines of freedom. The hard work, values, and devotion to
community of Hispanic Americans set a positive example for all
Americans.
Across our country, we are working to continue helping Hispanic
Americans realize the great promise of America. In 2002, I set a goal of
increasing the number of minority homeowners by at least 5.5 million by
the end of the decade. We are making good progress--having added more
than 1.6 million minority homeowners so far. My Administration's
business agenda and economic policies have helped create an environment
in which Latino small business owners in the United States are starting
new businesses and employing millions of people, expanding trade
throughout the Americas, and generating billions in revenue. Through the
No Child Left Behind Act of 2001, we are working to ensure that schools
are serving every student. In addition, we are committed to improving
immigration services while strengthening national security.
I join with all Americans in celebrating the heritage, culture, spirit,
and contributions of Hispanic Americans. To honor the achievements of
Hispanic Americans, the Congress, by Public Law 100-402, as amended, 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, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim September 15 through October 15, 2004, as
National Hispanic Heritage 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.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
[[Page 85]]
Proclamation 7817 of September 17, 2004
Citizenship Day and Constitution Week, 2004
By the President of the United States of America
A Proclamation
Two hundred and seventeen years ago this week, delegates to the
Constitutional Convention in Philadelphia signed one of the most
enduring documents in history: the Constitution of the United States.
Our Constitution is the foundation of our liberty and has guaranteed the
rights of our people through a history of tremendous change and
progress.
Today, we marvel at the wisdom of the Framers who toiled through a long
summer of learned and contentious debates. Their work produced a
document that upholds high ideals, while answering the most practical
questions of governance. The charter they crafted--with its separate
branches of Government, enumerated powers, checks and balances, and
later the specific protections provided by our Bill of Rights--guides
our Nation and inspires others around the world.
During Constitution Week, our Nation reflects on the significance of our
Constitution and gives thanks for the blessings of liberty that this
document helps to secure. We honor the men and women who have supported
and defended it throughout our history, at times with their lives. On
Citizenship Day, we reaffirm our commitment to freedom, to ensuring that
our history endures, and to instilling in America's next generation the
values that make our country great.
In remembrance of the signing of the Constitution and in recognition of
the Americans who strive to uphold the duties and responsibilities of
citizenship, the Congress, by joint resolution of February 29, 1952 (36
U.S.C. 106, as amended), designated September 17 as ``Citizenship Day,''
and by joint resolution of August 2, 1956 (36 U.S.C. 108, as amended),
requested that the President proclaim the week beginning September 17
and ending September 23 of each year as ``Constitution Week.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim September 17, 2004, as Citizenship Day, and
September 17 through September 23, 2004, as Constitution Week. I
encourage Federal, State, and local officials, as well as leaders of
civic, social, and educational organizations, to conduct ceremonies and
programs that celebrate our Constitution and reaffirm our rights and
obligations as citizens of our great Nation.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
[[Page 86]]
Proclamation 7818 of September 20, 2004
National Farm Safety and Health Week, 2004
By the President of the United States of America
A Proclamation
America's farm economy is strong and growing. Farm income is strong,
farm exports are at a record high, and my Administration is working to
ensure that American farm products are sold all over the world. During
National Farm Safety and Health Week, we reflect on the contributions of
America's farm and ranch families and underscore our commitment to
making our farms safer and to protecting our farm and ranch land.
The safety and health of our farm and ranch families are of critical
importance. These Americans perform tasks that contain risks--they
operate farm machinery, apply agricultural chemicals and fertilizers,
handle large and unpredictable livestock, and work in places where dusts
and toxins can contaminate the air. We must continue to raise awareness
of dangers and proper safety precautions and equipment, particularly
among our young people involved in agriculture. Through education and
training, we can help save lives and improve the well-being of our
Nation's farmers and ranchers.
Our Nation's farmers and ranchers help feed and clothe people around the
world, and they are now helping provide more energy for the American
people. By promoting a safer farm and ranch environment, we can
strengthen our agricultural economy and build a more prosperous future
for all our citizens.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 19 through
September 25, 2004, as National Farm Safety and Health Week. I call upon
the agencies, organizations, and businesses that serve America's
agricultural workers to strengthen their commitment to promoting farm
safety and health programs. I also urge all Americans to honor our
agricultural heritage and to recognize our farmers and ranchers for
their remarkable contributions to our Nation's vitality and prosperity.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7819 of September 21, 2004
National Employer Support of the Guard and Reserve Week, 2004
By the President of the United States of America
A Proclamation
Throughout our history, the members of the National Guard and Reserve
have served our country with honor. Our Nation depends on the dedication
of these citizen-soldiers, and our Guardsmen and Reservists rely on the
support of their civilian employers to allow them to fulfill their
service obligations. During National Employer Support of the Guard and
Reserve Week, we honor the sacrifice of these brave men and women, and
we express our gratitude for the commitment of their employers.
As we fight terror and advance freedom, members of the National Guard
and Reserve are making vital contributions around the world as fully
integrated components of our Nation's Armed Forces. At home, they are
called on to protect our communities, preserve order, and provide
assistance in times of natural disaster, balancing the demands of their
families, civilian careers, and military commitments. These Guardsmen
and Reservists are indispensable to our Nation's efforts to promote
democracy, peace, and freedom around the world, and we salute their
selfless service.
Employers also play a critical role in our Nation's defense,
demonstrating their patriotism by supporting the training and
mobilization of these brave individuals. Across America, business
owners, school personnel, hospital administrators, and many others put
our country's safety and security first when they provide time off, pay,
health care benefits, and job security to their Guard and Reserve
employees. These sacrifices help strengthen our country and allow our
men and women in uniform to focus on the missions at hand. The
generosity and public spirit of these employers have earned them the
appreciation of our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 26 through
October 2, 2004, as National Employer Support of the Guard and Reserve
Week. I encourage all Americans to join me in expressing our thanks to
the civilian employers and the members of our National Guard and Reserve
for their patriotism and sacrifices on behalf of our Nation. I also call
upon State and local officials, private organizations, businesses, and
all military commanders to observe this week with appropriate ceremonies
and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
[[Page 88]]
Proclamation 7820 of September 24, 2004
Family Day, 2004
By the President of the United States of America
A Proclamation
During this time of great change in our Nation, we remain dedicated to
the fundamental American values of courage and compassion, reverence and
integrity, and respect for others. On Family Day, we affirm our
commitment to strengthening America's families and supporting them as
they work to raise healthy and responsible children.
Strong families help young people take responsibility, understand the
consequences of their actions, and recognize that the decisions they
make today could affect the rest of their lives. By spending time with
their children, parents prepare them to realize a bright future.
It should always be a goal of government to encourage marriage and
strengthen families. My 2005 budget proposal includes more than $290
million in funding for programs that support healthy marriages, research
and demonstration projects on family formation, and initiatives to
promote responsible fatherhood.
We have made significant progress over the past decade in helping our
young people make the right choices. Smoking and illicit drug use have
declined among youth, teen birth rates have fallen to the lowest levels
ever recorded, and violent crime among teenagers has decreased
dramatically. My Administration is also supporting families by
encouraging character education in schools to help children develop a
sense of responsibility to their communities. We are advancing
abstinence-only education programs to help reduce the number of teen
pregnancies and teenagers contracting sexually transmitted diseases, and
we are promoting school drug testing to identify kids who need help.
When parents, schools, and government work together, we can counter the
negative influences in today's culture and send a positive message to
our youth.
Families instill the essential values we live by. By supporting them, we
make America a better and more hopeful place.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 27, 2004, as
Family Day. I call on the people of the United States to observe this
day by engaging in activities that honor the relationship between
parents and children and help keep our young people healthy and safe.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
[[Page 89]]
Proclamation 7821 of September 25, 2004
Gold Star Mother's Day, 2004
By the President of the United States of America
A Proclamation
Americans have always answered the call to serve our Nation. Many brave
American men and women have made the ultimate sacrifice to defend
freedom's blessings, and no one feels their loss more deeply than their
mothers. On Gold Star Mother's Day, we remember these mothers who have
suffered the loss of a son or daughter through service to our country.
We honor their courage and perseverance and the memory of their
children.
Across our Nation, these compassionate and generous women are
volunteering to serve veterans, helping families of service members,
supporting educational programs that promote patriotism and citizenship,
and turning their grief into action. They inspire all Americans with
their compassion and service. On this day, people across America join
together to honor our Gold Star mothers and send our gratitude, prayers,
and best wishes to them and to their families.
The Congress, by Senate Joint Resolution 115 of June 23, 1936 (49 Stat.
1895 as amended), has designated the last Sunday in September as ``Gold
Star Mother's Day,'' and has authorized and requested the President to
issue a proclamation in observance of this day.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim Sunday, September 26, 2004, as Gold Star
Mother's Day. I call upon all Government officials to display the flag
of the United States over Government buildings on this solemn day. I
also encourage the American people to display the flag and hold
appropriate meetings in their homes, places of worship, or other
suitable places as a public expression of the sympathy and respect that
our Nation holds for our Gold Star Mothers.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fifth day of
September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7822 of September 24, 2004
National Hunting and Fishing Day, 2004
By the President of the United States of America
A Proclamation
America is a land of majestic beauty, and we take pride in our wildlife,
forests, mountains, lakes, rivers, and coastlines. Outdoor recreation is
an important part of our Nation's heritage. On National Hunting and
Fishing Day, we celebrate the remarkable progress we have made in
conserving our
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environment and recognize those who have worked to conserve our natural
resources.
America's hunters and anglers represent the great spirit of our country
and are among our Nation's foremost conservationists. These citizens
have worked to protect habitat and restore fish and wildlife
populations. They volunteer their time, talents, and energy to countless
conservation projects, because they recognize the importance of
maintaining the natural abundance of our country for future generations.
My Administration is committed to achieving a cleaner, safer, and
healthier environment for all Americans, including our hunters and
anglers. My Administration has expanded opportunities to hunt and fish
at national wildlife refuges and improved habitat on public and private
lands. We have cut phosphorus releases into our rivers and streams, and
I signed the Healthy Forests Restoration Act to help protect our forests
from the risk of wildfires.
Americans are blessed to live amid many wonders of nature, and we have a
responsibility to be good stewards of the land. I commend all who
advance conservation and help our citizens enjoy the benefits of our
environment. These efforts ensure that our national heritage remains a
source of pride for our citizens, our communities, and our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 25, 2004, as
National Hunting and Fishing Day. I call upon the people of the United
States to join me in recognizing the contributions of America's hunters
and anglers, and all those who work to conserve our Nation's fish and
wildlife resources.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of September, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7823 of October 1, 2004
National Breast Cancer Awareness Month, 2004
By the President of the United States of America
A Proclamation
During National Breast Cancer Awareness Month, we raise awareness of
this deadly disease, encourage early detection, and support research to
find a cure.
Prevention and early detection are key to winning the fight against
breast cancer. Although the exact cause of the disease is unknown,
factors that can affect the risk of developing cancer include age,
general health, and family history. This year, estimates are that over
200,000 women will be diagnosed with breast cancer. Regular screening
for breast cancer continues
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to be the most effective way to detect this disease early and to save
lives, and mammograms are the best screening tool we currently have.
Women should talk to their health care providers about their breast
cancer risk.
To improve the quality of life and find a cure for those affected by
breast cancer, we are learning more about its causes. The National
Institutes of Health has invested an estimated $700 million this year
alone on breast cancer research and will spend more next year. The
Centers for Disease Control and Prevention has devoted over $200 million
this year and more next year for an early detection program that
promotes mammograms and helps low-income women afford screenings for
breast and cervical cancer. The Department of Defense also invested
approximately $150 million for its Breast Cancer Research program in
2004. This funding will help lead to better treatments for cancer
patients and new hope for countless Americans and their families.
We salute breast cancer survivors for their courage and perseverance.
Their courageous battle against cancer is an inspiration to countless
Americans, and their willingness to share their stories and experiences
helps spread awareness and offers hope and comfort to cancer patients
across the country. Together with health care professionals,
researchers, and family members, we can improve the lives of those
suffering from this disease and win the fight against breast cancer.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 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 continue our
Nation's strong 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 two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7824 of October 4, 2004
Fire Prevention Week, 2004
By the President of the United States of America
A Proclamation
Fire Prevention Week is an opportunity for all Americans to learn more
about how to avoid fires, as well as how to best respond in case of such
an emergency. By making fire safety a priority, we can help limit the
devastating effects of fires and enhance the safety of our citizens.
A large majority of fire deaths in the United States occur in the home.
This year's theme, ``It's Fire Prevention Week: Test Your Smoke
Alarms,'' reflects the importance of installing and maintaining working
smoke alarms on every floor of the home. As vital early warning systems,
smoke alarms reduce the chances of a fire becoming fatal by
approximately 50 percent.
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Americans can also take steps to reduce the chance of a fire ever
starting. These include using electrical devices safely, avoiding
overloading circuits, and carefully operating stoves, fireplaces, and
space heaters. We should also supervise our children and educate them
about the dangers of lighters and matches, exercise care in the storing
of firewood and other flammable materials, and obey local burning laws.
More information about these and other measures is available from the
National Fire Protection Association and the Department of Homeland
Security's United States Fire Administration.
Firefighters are among our greatest heroes, and they risk their lives
each day to protect our citizens and our homeland. All Americans owe
them a debt of gratitude for their courage and dedication. By working to
prevent disasters and by being prepared, we support firefighters as they
serve communities across our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 3 through October
9, 2004, as Fire Prevention Week. I call upon the people of the United
States to observe this week with appropriate activities and to undertake
efforts to prevent fires and their tragic consequences.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7825 of October 4, 2004
Child Health Day, 2004
By the President of the United States of America
A Proclamation
Parents play a vital role in keeping their children healthy, and when it
comes to helping children make right choices, there is work for all
Americans to do. Parents, teachers, faith-based and community groups,
and government leaders are working together to counter the negative
influences in today's culture, highlight the benefits of healthy
lifestyles, and educate children about the consequences of their
actions.
By promoting good nutrition and regular physical activity, parents help
their children perform better in the classroom and live healthy lives.
To encourage healthy families, my Administration is helping young people
learn the simple steps to live better through the HealthierUS Initiative
and the President's Challenge awards program. These programs encourage
young people to eat a nutritious diet rich in fruits and vegetables and
to set aside time every day for physical activity, such as playing
sports, biking, or even helping with yard work at home. Encouraging
healthy habits early in life helps give children a head start and gives
them the best chance of reaching their potential.
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Our youth are challenged with tough choices. We must continue to promote
responsibility among our Nation's young people by providing them with
the knowledge they need to make the right decisions concerning drug and
alcohol use. My Administration supports education programs that address
these issues. Through the National Youth Anti-Drug Media Campaign and
Drug-Free Communities Program, we are working to ensure that young
people understand the serious risks and consequences of substance abuse.
And in order to help kids who need help, my Administration supports
random drug testing as a prevention tool. We have also increased support
for abstinence-only education programs, including grants for community
and faith-based organizations, because abstinence is the only sure way
to prevent teenage pregnancy and sexually transmitted diseases.
We all have an important role in giving America's children a healthy
start in life by teaching them that the decisions they make today will
affect them for the rest of their lives. By helping them make the right
choices, we better prepare them for a hopeful future.
The Congress, by a joint resolution approved May 18, 1928, as amended
(36 U.S.C. 105), 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, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim Monday, October 4, 2004, as Child Health
Day. I call upon families, schools, child health professionals, faith-
based and community organizations, and governments to help all our
children discover the rewards of good health and wellness.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7826 of October 4, 2004
To Implement the 2004 United States-Israel Agreement on Trade in
Agricultural Products
By the President of the United States of America
A Proclamation
1. On April 22, 1985, the United States entered into the Agreement on
the Establishment of a Free Trade Area between the Government of the
United States of America and the Government of Israel (the ``FTA''),
which the Congress approved in the United States-Israel Free Trade Area
Implementation Act of 1985 (the ``FTA Act'') (19 U.S.C. 2112 Note).
2. In order to maintain the general level of reciprocal and mutually
advantageous concessions with respect to agricultural trade with Israel,
on July 27, 2004, the Government of the United States entered into an
agreement with the Government of Israel concerning certain aspects of
trade in agricultural products during the period January 1, 2004,
through December 31,
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2008 (the ``2004 Agreement''). The 2004 Agreement reflects an effort by
the United States and Israel to address, through 2008, their continuing
differences over the meaning of certain provisions in the FTA governing
access for United States agricultural products to Israel's market.
3. Section 4(b) of the FTA Act provides that, whenever the President
determines that it is necessary to maintain the general level of
reciprocal and mutually advantageous concessions with respect to Israel
provided for by the FTA, the President may proclaim such withdrawal,
suspension, modification, or continuance of any duty, or such
continuance of existing duty-free or excise treatment, or such
additional duties as the President determines to be required or
appropriate to carry out the FTA.
4. Pursuant to section 4(b) of the FTA Act, I have determined that it is
necessary, in order to maintain the general level of reciprocal and
mutually advantageous concessions with respect to Israel, to provide
through the close of December 31, 2008, access into the United States
customs territory for specified quantities of certain agricultural
products of Israel free of duty or certain fees or other import charges.
5. Section 604 of the Trade Act of 1974 (19 U.S.C. 2483) (the ``Trade
Act'') authorizes the President to embody in the Harmonized Tariff
Schedule of the United States (HTS) the substance of the relevant
provisions of that act, and of other acts affecting import treatment,
and actions thereunder, including removal, modification, continuance, or
imposition of any rate of duty or other import restriction.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 section 4 of the FTA Act and
section 604 of the Trade Act, do hereby proclaim:
(1) In order to implement aspects of the 2004 Agreement with the
Government of Israel, concerning certain aspects of trade in
agricultural products, 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 the Annex to this
proclamation shall be effective with respect to goods that are the
product of Israel and are entered, or withdrawn from warehouse for
consumption, on or after January 1, 2004, and the tariff treatment set
forth therein shall be effective as provided in such Annex through
December 31, 2008.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7827 of October 6, 2004
German-American Day, 2004
By the President of the United States of America
A Proclamation
Generations of German immigrants and their descendents have helped build
America and chart its course through history. On German-American Day, we
recognize these proud citizens for their important contributions to
America and honor the bond between two great nations.
German Americans have been part of America's history since its earliest
days, beginning with the establishment of the Jamestown Colony in 1607
and the arrival of German Quakers and Mennonite families in 1683. Many
of these early settlers came to America seeking religious freedom and
the chance to develop a community based on tolerance and respect for all
people. During the westward expansion of the United States, many German
families helped settle communities, found cities, and develop the
agriculture industry. Over time, the core beliefs of these freedom-
loving individuals helped define the liberty and opportunity that our
country represents. Their traditions of public debate and active
citizenship influenced important social issues such as land reform,
abolition, workers' rights, and women's suffrage.
This week, our Government is breaking ground for a new Embassy in
historic Berlin, exemplifying America's support of a unified Germany.
Sharing a common commitment to freedom, peace, and prosperity, the
citizens of Germany and America can build a better future for the
benefit of all nations.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 6, 2004, as
German-American Day, and I encourage all Americans to recognize the
contributions of our citizens of German descent.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7828 of October 7, 2004
Leif Erikson Day, 2004
By the President of the United States of America
A Proclamation
More than 1,000 years ago, Leif Erikson led his crew on a journey across
the Atlantic, becoming the first European known to have set foot on
North American soil. Every October, we honor this courageous Viking
explorer, his historic voyage, and the rich heritage of Nordic
Americans.
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Immigrants from Denmark, Finland, Iceland, Norway, and Sweden and their
descendants have made great contributions to our Nation in the fields of
business, politics, the arts, education, agriculture, and other areas.
Nordic Americans have also made a significant mark on our country's
society and culture, and have helped to establish and define America's
most cherished principles. Their energy and spirit have inspired others,
and their courage, skill, and determination have played an important
role in the development of our country. Today, millions of people in the
United States trace their origins to these Nordic countries, and their
contributions to America make our country stronger and better.
On this day, we also recognize our longstanding ties to these nations
that were home to the ancestors of many Americans. Together, we continue
to work to advance prosperity, expand freedom, and increase stability
and security in Europe and elsewhere in the world.
To honor Leif Erikson, the courageous son of Iceland and grandson of
Norway, and to celebrate our citizens of Nordic-American heritage, the
Congress, by joint resolution (Public Law 88-566) approved on September
2, 1964, has authorized and requested the President to proclaim October
9 of each year as ``Leif Erikson Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 9, 2004, as Leif Erikson Day. I call
upon all Americans to observe this day with appropriate ceremonies,
activities, and programs to honor our rich Nordic-American heritage.
IN WITNESS WHEREOF, I have hereunto set my hand this seventh day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7829 of October 11, 2004
Columbus Day, 2004
By the President of the United States of America
A Proclamation
The journeys of Christopher Columbus are among the world's greatest
stories of daring and discovery. His courage, optimism, and adventurous
spirit altered the course of history. On Columbus Day, we celebrate this
remarkable explorer and his contributions to the ``New World.''
In August 1492, Columbus left Spain and sailed into the unknown with the
simplest of navigational equipment. The risks were great and the outcome
uncertain. Yet, Columbus was committed to the cause of discovery,
finding a more efficient trade route to the East and advancing European
civilization.
Today, Columbus' voyages continue to stir our imagination and encourage
us to explore new frontiers. His spirit of determination and discovery
is a characteristic shared by the American people and is reflected
throughout
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our history, from the Lewis and Clark Expedition to the Moon landing and
our many scientific and technological advances.
Columbus Day is also a celebration of the many contributions that
Italian Americans have made to our Nation. Every aspect of our culture,
whether it be art or music, law or politics, reflects the influence of
Italian Americans. On this day we also remain thankful for the strong
ties between the United States and Italy and pay tribute to the
courageous and selfless Italian forces who are helping to advance
freedom alongside American and coalition troops in Iraq and Afghanistan.
In commemoration of Columbus' journey, the Congress, by joint resolution
of April 30, 1934, and modified in 1968 (36 U.S.C. 107), as amended, has
requested that the President proclaim the second Monday of October of
each year as ``Columbus Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 11, 2004, 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.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7830 of October 11, 2004
General Pulaski Memorial Day, 2004
By the President of the United States of America
A Proclamation
The story of Revolutionary War hero Brigadier General Casimir Pulaski is
one of bravery and sacrifice that helped to secure America's blessings
of liberty. We remember General Pulaski for his skill in battle, his
commitment to freedom, and his willingness to give his life for
America's independence.
Born in Poland in 1745, Casimir Pulaski first gained distinction as a
military hero while fighting to defend his native Poland. His reputation
as a bold warrior and his dedication to the cause of liberty became
known throughout Europe.
Pulaski met with Benjamin Franklin in Paris in 1777 and agreed to join
the Americans in their fight for freedom. He quickly proved to be a
gifted military leader and was commissioned as a Brigadier General. He
became known as ``the Father of the American Cavalry,'' recruiting and
training a special corps of American, Polish, Irish, French, and German
troops who fought with great skill and success. During the siege of
Savannah in 1779, General Pulaski was mortally wounded, leaving a legacy
of heroism that continues to inspire people around the world.
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On General Pulaski Memorial Day, we honor a noble patriot committed to
the cause of freedom, and we recognize the countless contributions
Polish Americans have made to our Nation and our culture. We also
celebrate the strong friendship between the United States and Poland,
remembering our shared history and common values and honoring the
sacrifices of Polish troops who have served bravely alongside American
and coalition forces in Iraq and Afghanistan.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004, as
General Pulaski Memorial Day. I encourage all Americans to commemorate
this occasion with appropriate programs and activities paying tribute to
Casimir Pulaski and honoring all those who defend freedom.
IN WITNESS WHEREOF, I have hereunto set my hand this eleventh day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7831 of October 12, 2004
National School Lunch Week, 2004
By the President of the United States of America
A Proclamation
The National School Lunch Program has provided healthy, affordable
lunches to our Nation's children for almost 60 years. The program now
serves more than 28 million children each day, many of whom might not
otherwise eat nutritious lunches. During National School Lunch Week, we
recognize the program's contributions to the health, well-being, and
education of our Nation's youth.
In addition to providing the good nutrition that helps young people
succeed in school, healthy school lunches and after-school snacks can
help alleviate childhood obesity and lower children's risk of developing
health problems. The National School Lunch Program also shares
information about healthy eating habits with children, families, and
communities; works to provide our children with the best possible school
meals; and offers technical training and assistance to school food-
service staff. To support this program and other important child
nutrition programs, earlier this year I signed into law the Child
Nutrition and WIC Reauthorization Act of 2004. This bill expands access
to programs for children of Armed Services personnel, promotes healthy
food choices, and makes it easier for parents to enroll their eligible
children.
The National School Lunch Program has accomplished a great deal in
providing children with nutritious meals, and we must continue working
to ensure that every child is well-nourished, healthy, and active. While
children who participate in the school lunch program consume more
fruits, vegetables, milk, and protein than students who obtain lunch
elsewhere, over 60 percent of our Nation's young people still eat more
than the daily
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recommended serving of fat, and less than 20 percent eat the recommended
daily servings of fruits and vegetables. To promote the right choices,
the Department of Agriculture's HealthierUS School Challenge is
encouraging schools and local communities to create an environment that
supports healthy lifestyles for our Nation's children.
The success of the National School Lunch Program stems from the hard-
working Americans who plan, prepare, and serve meals to millions of
children every day. In recognition of the contributions of the National
School Lunch Program to the health, education, and well-being of
America's children, the Congress, by joint resolution of October 9, 1962
(Public Law 87-780), as amended, has designated the week beginning on
the second Sunday of 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, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 10 through October 16, 2004, as
National School Lunch Week. I call upon all Americans to join the
dedicated individuals who administer the National School Lunch Program
in appropriate activities that support the health and well-being of our
Nation's children.
IN WITNESS WHEREOF, I have hereunto set my hand this twelfth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7832 of October 15, 2004
National Mammography Day, 2004
By the President of the United States of America
A Proclamation
Approximately one in seven women in the United States will develop
breast cancer over her lifetime. Mammograms are critical for early
detection of breast cancer and remain the most effective screening tool
available today. Many women who develop breast cancer have no history of
the disease in their families, and except for growing older, most have
no strong risk factors. Regular mammogram screening, along with a
clinical breast exam by a medical professional, can help identify breast
cancer in its earliest stages when it is most treatable. On National
Mammography Day, we underscore the importance of this life-saving
technology.
The National Cancer Institute and the United States Preventive Services
Task Force recommend a mammogram every 1 to 2 years for women age 40 and
over. Strict guidelines help to ensure that mammograms are administered
with the lowest possible doses of radiation by the best-trained medical
staff. Scientists continue to study ways to improve mammograms and other
screening technologies, and this research promises to make screening
even more accurate and further reduce the number of breast cancer
deaths.
My Administration is committed to preventing, detecting, treating, and
ultimately finding a cure for breast cancer. Through an early detection
program
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at the Centers for Disease Control and Prevention, we have devoted over
$200 million for promoting mammography use and helping low-income women
afford screening for breast and cervical cancer. In addition, the
National Institutes of Health is conducting the largest trial ever of
new, early-detection technologies to help doctors target breast cancer
before symptoms occur.
My Administration will continue working to ensure that America's women
have access to the best screening services available. I urge women,
especially those 40 and over, to talk to their doctors about breast
cancer screening and to encourage their friends and family to do the
same. Together, we can help save lives and build a healthier future for
all our citizens.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 15, 2004, as
National Mammography Day. I call on all Americans to observe this day
with appropriate programs and activities recognizing our health care
professionals and researchers for their contributions in helping to
detect and treat breast cancer.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7833 of October 15, 2004
White Cane Safety Day, 2004
By the President of the United States of America
A Proclamation
To help increase their mobility and assist them in their daily lives,
many people who are blind or visually impaired use a white cane. On
White Cane Safety Day, we celebrate the symbolism of this important tool
and the enduring spirit of independence and determination shown by
Americans who use it.
In 1964, President Lyndon B. Johnson signed the first Presidential
proclamation for White Cane Safety Day. He wrote that the observance
would ``make our people more fully aware of the meaning of the white
cane'' and help increase the safety and self-reliance of our citizens
who are blind or visually impaired. Over the last four decades, our
Nation has removed many barriers for these individuals, making it easier
for them to find jobs, access public buildings, and live independently
in their communities.
Today, we are working to ensure that all Americans with disabilities
have the opportunity to live with dignity, work productively, and
realize their full potential. Through the New Freedom Initiative, my
Administration continues to build on the progress of the Americans with
Disabilities Act of 1990 (ADA) to further promote the full participation
of people with disabilities in all areas of society. The Department of
Justice's ADA Business Connection is helping create a better
understanding of ADA requirements
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and promote dialogue between the business community and the disability
community. And the Department of Justice's Project Civic Access is
improving public facilities to ensure that people with disabilities are
integrated into community life. Through the Ticket to Work program and
the Work Incentives Improvement Act, we are making significant strides
toward building an America where all individuals are recognized for
their talents and creativity. These efforts will help provide Americans
who are blind or visually impaired the opportunity to pursue their
dreams and realize the promise of our great country.
The Congress, by joint resolution (Public Law 88-628) approved on
October 6, 1964, as amended, has designated October 15 of each year as
``White Cane Safety Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 15, 2004, as White Cane Safety Day.
I call upon public officials, business leaders, educators, librarians,
and all the people of the United States to join with me in ensuring that
all the benefits and privileges of life in our Nation are available to
individuals who are blind and visually impaired, and to observe this day
with appropriate ceremonies, activities, and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7834 of October 18, 2004
National Character Counts Week, 2004
By the President of the United States of America
A Proclamation
Individuals have the power to do much good, and great societies are
built by knowing the difference between right and wrong. People of
character strengthen our country through their daily actions. To help
children fulfill their potential and build a more hopeful future for our
Nation, we must continue to encourage and support the character
development of our young people and support the institutions that give
direction and purpose: our families, our schools, and our faith-based
and community organizations.
Americans of all ages continue to inspire others with their compassion
and decency by giving their time to faith-based and community
organizations and bringing hope to others at home and around the world.
The Senior Corps has more than 500,000 caring souls serving in its
programs; the Peace Corps has grown to its highest number of volunteers
in 28 years; and AmeriCorps will grow by 50 percent to 75,000 members
this year. Almost two million students volunteer each year through the
Learn and Serve America programs, which incorporate community service as
a vital part of education. In addition, more than 1,300 communities have
formed Citizen Corps Councils; over 10,000 communities have registered
Neighborhood Watch programs; more than 27,000 Americans are serving in
the Medical
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Reserve Corps; over 52,000 citizens have completed Community Emergency
Response Team training; and there are more than 68,000 volunteers in the
Volunteers in Police Service program. The true strength of America lies
in the hearts and souls of its citizens, and these volunteers are making
our country better and stronger.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 17 through October
23, 2004, as National Character Counts Week. I call upon public
officials, educators, librarians, parents, students, and all Americans
to observe this week with appropriate ceremonies, activities, and
programs.
IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7835 of October 20, 2004
National Disability Employment Awareness Month, 2004
By the President of the United States of America
A Proclamation
Americans with disabilities are active and contributing members of our
society, and they must have the opportunity to develop the skills they
need to compete and obtain jobs in the 21st century workforce. By
reducing physical barriers and false perceptions, our country meets our
commitment to millions of Americans with disabilities, and benefits from
their talents, creativity, and hard work.
The Americans with Disabilities Act of 1990 (ADA) has brought about
important progress in our Nation. Under my Administration's New Freedom
Initiative, we continue to work to ensure that people with disabilities
can participate fully in the workplace and all aspects of community
life. Through funding for new technologies and innovative resources, we
are changing old ways of thinking and fulfilling the Federal
Government's commitment to opportunity for every citizen.
The New Freedom Initiative has helped enable individuals with
disabilities to access assistive technologies. My Administration has
invested in research and development for new technology. We have
expanded the Department of Defense's Computer/Electronic Accommodations
Program, which provides Federal employees with disabilities greater
access to electronic and information technology. The Department of Labor
launched DisabilityInfo.gov in 2002, an online resource that streamlines
access to information about Federally sponsored employment, job
accommodations, transportation, State and regional assistance programs,
technology, and other programs relevant to the daily lives of
individuals with disabilities.
We must foster a better understanding of ADA requirements and increase
dialogue and cooperation between the business and disability
communities. Through the New Freedom Small Business Initiative, the
Department of
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Labor and the Small Business Administration are educating small business
owners about the benefits of hiring people with disabilities and helping
adult workers with disabilities acquire the skills and resources needed
to become small business owners. The Equal Employment Opportunity
Commission is releasing user-friendly information on how the ADA applies
to particular disabilities in the workplace and providing free ADA
workshops offering employment-related services and information sessions
for small businesses. My Administration is implementing the ``Ticket to
Work'' program, which allows Social Security and Supplemental Security
Income disability beneficiaries who want to work to choose their own
employment-related services. The Department of Labor and other agencies
are also improving the capacity of community One-Stop Career Centers to
provide training and employment services to people with disabilities.
To recognize the contributions of Americans with disabilities and to
encourage all citizens to ensure equal opportunity in the workforce, the
Congress, by joint resolution approved August 11, 1945, as amended (36
U.S.C. 121), has designated October of each year as ``National
Disability Employment Awareness Month.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 2004 as National Disability
Employment Awareness Month. I call upon Government officials, labor
leaders, employers, and 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 twentieth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7836 of October 20, 2004
National Forest Products Week, 2004
By the President of the United States of America
A Proclamation
America's forests are places of beauty and incredible natural wealth.
They are homes to wildlife and offer many economic opportunities for our
Nation. During National Forest Products Week, we recognize the many
benefits of our forests and continue our dedication to protecting them.
Across our country, many communities rely on healthy forests for
economic stability. Our forests provide paper products, building
materials, chemicals, and many other items needed by families and small
businesses across America. Responsible forest management helps provide
jobs and maintain these important resources to help meet the daily needs
of Americans and people around the world.
My Administration has made forest health a high priority, and we will
continue to promote active management and forest conservation. Under the
Healthy Forests Initiative, we acted to remove the causes of severe
wildfires by thinning forest undergrowth before disaster strikes. And
the Healthy
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Forests Restoration Act of 2003, which I signed into law last December,
expands our work, helping protect valuable lands that serve as habitat
for wildlife and ensuring the safety and economic vitality of
communities affected by wildfires. The Act enforces high standards of
conservation to help return our forests to more natural conditions and
maintain the full range of forest types.
To ensure that our forests remain a source of pride for all Americans,
we must continue our tradition of protecting the land for future
generations. By combining the ethic of good stewardship with the spirit
of innovation, we can advance a healthy environment and continue
economic growth and job creation.
In recognizing the importance of our forests, the Congress, by Public
Law 86-753 (36 U.S.C. 123), as amended, 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, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim October 17 through October 23, 2004, 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 twentieth day of
October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7837 of October 24, 2004
United Nations Day, 2004
By the President of the United States of America
A Proclamation
On United Nations Day, we commemorate the founding of the United Nations
in 1945 and recognize its many contributions to advancing peace and
human rights around the world.
Our Declaration of Independence and the United Nations' Universal
Declaration of Human Rights proclaim the equal value and dignity of
every human life. That dignity is honored by the rule of law, limits on
the power of the state, respect for women, protection of private
property, free speech, equal justice, and religious tolerance. These
founding documents affirm that the bright line between justice and
injustice is the same in every age, every culture, and every nation.
Today, the United Nations is helping advance these ideals in many places
around the globe. The U.N. assisted Afghanistan in making history when
Afghan women and men voted in a democratic Presidential election earlier
this month. In Sudan, Liberia, Haiti, and other nations, the U.N. has
been working to bring security, stability, and humanitarian assistance
to people in need. From Africa to the Caribbean to Asia, the U.N. is
helping to turn
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societies away from old conflicts, overcome persistent poverty, and
fight HIV/AIDS and other diseases.
The United States remains committed to the high ideals of the U.N. as
stated in its charter: ``To save succeeding generations from the scourge
of war . . . to reaffirm faith in fundamental human rights . . . and to
promote social progress and better standards of life in larger
freedom.''
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004, as
United Nations Day. 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 to honor the observance of United
Nations Day with appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this twenty-fourth day
of October, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7838 of November 4, 2004
National Adoption Month, 2004
By the President of the United States of America
A Proclamation
By deciding to share their hearts and homes with a child, adoptive
parents demonstrate great compassion and receive many blessings in
return. During National Adoption Month, we recognize the generosity of
adoptive and foster families who are providing hope and love, and we
encourage the adoption of children of all ages.
In 2002, I signed the Promoting Safe and Stable Families legislation
that supports families and promotes adoption, and last December I signed
the Adoption Promotion Act of 2003 to increase incentives to adopt older
children. We have raised the adoption tax credit to $10,000 per child
and created the AdoptUSKids website that has joined thousands of
children with adoptive parents. We are working hard to place more
children from foster care to permanent homes. This year, on November 20,
communities from all 50 States and the District of Columbia will
celebrate National Adoption Day by finalizing the adoption of thousands
of children by loving families. And each one of those families will be
enriched by the addition of new members. By bringing care and hope into
other lives, individuals can fill their own lives with greater purpose.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Adoption Month. I call on all Americans to observe this month with
appropriate programs and activities to honor adoptive families and to
participate in efforts to find permanent homes for waiting children.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7839 of November 4, 2004
National Alzheimer's Disease Awareness Month, 2004
By the President of the United States of America
A Proclamation
Today, it is estimated that over 4 million Americans suffer from
Alzheimer's disease. A progressive, degenerative disorder of the brain,
Alzheimer's robs individuals of their memory and their mental and
physical functions, leading to increasing dependence on others for care.
Factors such as age and family history can contribute to the risk of
developing this disease. While no cure exists yet, researchers are
learning more about this disease and how to enhance the quality of life
for those with Alzheimer's.
President Reagan believed in the courage and capacity of the American
people to overcome any obstacle, and my Administration remains committed
to funding medical research programs to find a cure for Alzheimer's
disease and improving care for Alzheimer's patients and increasing
support for their families. The National Institutes of Health plans to
spend $680 million in Alzheimer's research in 2004 and an estimated $699
million in 2005, a 33 percent increase from 2001. The National
Institutes of Health, along with the Department of Veterans Affairs, is
testing drugs for prevention and treatment of Alzheimer's disease. This
year, the National Institute on Aging launched the Alzheimer's Disease
Neuroimaging Initiative, an innovative partnership with the private
sector that is using the latest technologies to observe changes in the
brains of individuals who are affected by Alzheimer's. This project is
researching ways to enhance early diagnosis and further the development
of treatments. In addition, the Administration on Aging is working with
States to improve home and community-based services for people with
dementia and their families.
As we observe National Alzheimer's Disease Awareness Month, we recognize
our citizens who are living with this disease and extend our gratitude
to those who provide vital care and support. We also specially recognize
the public and private scientists, researchers, nurses, and health care
providers who are dedicated to finding new and better ways to help
patients and ultimately find a cure for Alzheimer's disease. Their
efforts bring comfort to many and offer hope for the future.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Alzheimer's Disease Awareness Month. I call upon the people of the
United States to observe this month with appropriate programs and
activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7840 of November 4, 2004
National American Indian Heritage Month, 2004
By the President of the United States of America
A Proclamation
As the first people to call our country home, American Indians and
Alaska Natives have a noble history in this land and have long shaped
our Nation. During National American Indian Heritage Month, we celebrate
our commitment to respect and preserve the rich Native American
traditions and cultures.
The enduring experiences of tribal communities are a cherished part of
our national story. In September, I was proud to meet with tribal
leaders and celebrate the opening of the Smithsonian Institution's
National Museum of the American Indian on the National Mall in
Washington, D.C. This new facility stands as a powerful symbol of the
pride and vitality of our Native Peoples. The museum showcases
masterworks of great cultural, historical, and spiritual significance.
Through exhibits documenting past and present achievements and hopes for
the future, it will introduce generations of visitors to the strong and
living traditions of Native Americans. As a center for scholarship and
learning, the National Museum of the American Indian will also advance
understanding of the diversity that makes our Nation great.
My Administration is committed to helping Native Americans as they build
on their proud legacy. With the funding of my 2005 budget, we will have
provided the Bureau of Indian Affairs with more than $1.1 billion for
school construction and repairs during the past 4 years. To improve
education for American Indian and Alaska Native children, I signed an
executive order establishing an Interagency Working Group to help
students meet the standards set by the No Child Left Behind Act of 2001
in a manner that is consistent with tribal traditions, languages, and
cultures. By setting standards for academic achievement and cultural
learning, Americans in all communities can help their children realize a
brighter future. I also signed an executive memorandum to all Federal
agencies affirming the Federal Government's continuing commitment to
recognize tribal sovereignty and self-determination. As they have in the
past, tribal governments will maintain jurisdiction over their lands,
systems of self-governance, and government-to-government relationships
with the United States.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
American Indian Heritage Month. I encourage all Americans to commemorate
this month with appropriate programs and activities and to learn more
about the rich heritage of American Indians and Alaska Natives.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7841 of November 4, 2004
National Diabetes Month, 2004
By the President of the United States of America
A Proclamation
More than 18 million Americans are estimated to have diabetes. Diabetes
is the leading cause of new blindness, end-stage kidney disease, and
nontraumatic amputations. It can also double a person's risk of heart
attack and stroke and can cause nervous system damage and premature
death. During National Diabetes Month, we seek to raise awareness of the
impact of diabetes on our citizens, and we recognize those committed to
improving the treatment and prevention of this chronic disease.
Approximately one million Americans have been diagnosed with type 1
diabetes, once known as juvenile diabetes. It develops from autoimmune,
genetic, and environmental influences, most often striking children,
adolescents, and young adults. By developing the disease so young,
people with type 1 diabetes have a greater risk for serious
complications. Type 2 diabetes affects approximately 17 million
Americans, and is most common in people over 40 who are overweight,
inactive, or have a family history of this disease. While people of all
backgrounds are affected, type 2 diabetes disproportionately strikes
African Americans, Hispanic Americans, Asian Americans, and Native
Americans. The number of Americans with type 2 diabetes has grown
dramatically, and many more Americans are at high risk for developing
it.
My Administration is committed to funding diabetes research. This year,
the National Institutes of Health dedicated $993 million for diabetes
research, and I have requested more that $1 billion for 2005, a 49
percent increase since 2001.
We are also working to raise awareness of the risk factors associated
with diabetes. According to clinical research, people at risk for type 2
diabetes can reduce their risk by approximately 58 percent if they lose
a modest amount of weight and stay physically active. Those who already
live with diabetes can greatly reduce their risk for heart disease and
stroke by controlling their blood sugar, blood pressure, and
cholesterol.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Diabetes Month. I call upon all Americans to observe this month with
appropriate programs and activities.
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IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7842 of November 4, 2004
National Family Caregivers Month, 2004
By the President of the United States of America
A Proclamation
Every day, family caregivers across our Nation are caring for loved ones
who are aging, chronically ill, or disabled. Through their selfless
actions, they bring comfort to those in need, enrich their own lives,
and reflect the true spirit of America.
America is a country of hope and promise that honors the dignity of all
its citizens. Our family caregivers sometimes sacrifice their own
emotional and physical needs to dedicate their time and energy to
serving their loved ones. By taking on this enormous responsibility,
they are helping honor life in all its seasons.
My Administration remains committed to supporting the important
contributions of family caregivers. My fiscal year 2005 budget includes
tax relief for Americans who need long-term care and individuals who
care for these family members in their homes. We will also continue to
work with employers, faith-based and community organizations,
universities, and national aging organizations to bring critical
services such as individual counseling, educational activities, respite
care, and family leave policies to more Americans.
By bringing loving support to their loved ones, our Nation's family
caregivers make our country a better place. During National Family
Caregivers Month, we honor their generosity and dedication, and we
recognize the vital role of family in the lives of our citizens.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Family Caregivers Month. I encourage all Americans to honor and support
the family members, friends, and neighbors who provide care to their
loved ones in need.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7843 of November 4, 2004
National Hospice Month, 2004
By the President of the United States of America
A Proclamation
Hospice programs are a vital part of our Nation's health care system.
They provide comfort, peace, and dignity for individuals in the final
stage of life and their families. During National Hospice Month, we
recognize the dedicated professionals and volunteers who provide hospice
care, and we emphasize the importance of respecting and honoring life in
all of its seasons.
For many terminally ill patients, hospice care is a compassionate
alternative to traditional care at a hospital or nursing home. Hospice
physicians, nurses, counselors, and volunteers focus on making patients
as comfortable as possible, while allowing patients to remain at home
and close to their families. With comprehensive assistance, these
caregivers help control pain and other symptoms and provide emotional
and spiritual support to both patient and family. In 2002, according to
the National Hospice and Palliative Care Organization, an estimated
885,000 individuals were admitted to one of the over 3,000 hospice
programs in the United States.
My Administration has acted to strengthen and modernize Medicare for our
seniors, and we remain committed to providing a health care system that
meets the needs of every patient. Hospice services are covered by
Medicare, and many States offer hospice care under their Medicaid
programs. The Medicare legislation that I signed into law last December
provides that Medicare will, for the first time, cover hospice
consultation services so that terminally ill patients and their families
will better understand end-of-life issues and care options. The
legislation also makes the program more flexible and responsive to the
needs of patients, allows patients to designate a nurse practitioner to
coordinate their hospice care, and directs the Secretary of Health and
Human Services to explore ways to make hospice care more widely
available to beneficiaries who live in rural areas.
Americans believe in the worth and dignity of every person, and we are
promoting a culture of life in our Nation. By caring for life at every
stage, we can create a more compassionate and merciful world.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Hospice Month. I encourage all our citizens to observe this month with
appropriate programs and activities. I also ask Americans to recognize
our health care professionals and volunteers for their contributions to
helping those facing terminal illness receive quality care.
IN WITNESS WHEREOF, I have hereunto set my hand this fourth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7844 of November 9, 2004
Veterans Day, 2004
By the President of the United States of America
A Proclamation
Americans live in freedom because of our veterans' courage, dedication
to duty, and love of country. On Veterans Day, we honor these brave men
and women who have served in our Armed Forces and defended our Nation.
Across America, there are more than 25 million veterans. Their ranks
include generations of citizens who have risked their lives while
serving in military conflicts, including World War II, Korea, Vietnam,
the Persian Gulf, and the war on terror. They have fought for the
security of our country and the peace of the world. They have defended
our founding ideals, protected the innocent, and liberated the oppressed
from tyranny and terror. They have known the hardships and the fears and
the tragic losses of war. Our veterans know that in the harshest hours
of conflict they serve just and honorable purposes.
Through the years, our veterans have returned home from their duties to
become active and responsible citizens in their communities, further
contributing to the growth and development of our Nation. Their
commitment to service inspires all Americans.
With respect for and in recognition of the contributions our service men
and women have made to the cause of peace and freedom around the world,
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 veterans.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim November 11, 2004, as Veterans Day and urge
all Americans to observe November 7 through November 13, 2004, as
National Veterans Awareness Week. I urge all Americans to recognize the
valor and sacrifice of our veterans through ceremonies and 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 commemorative expressions and programs.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7845 of November 9, 2004
World Freedom Day, 2004
By the President of the United States of America
A Proclamation
Fifteen years ago, the people of East and West Germany tore down the
Berlin Wall, and freedom triumphed over Communism. The dismantling of
the Berlin Wall reunited Germany and helped spread freedom across
Central and Eastern Europe. With free elections and the spread of
democratic values, these countries won their liberty, and their people
became free. These democracies today contribute to a strong Europe, and
the United States values their friendship and their partnership.
On World Freedom Day, we recognize all of those who fought for liberty
and helped end the oppression of Central and Eastern Europe. We stand by
those who today are enjoying the blessings of liberty. And we reaffirm
our commitment to extending peace and freedom in the world.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 9, 2004, as World
Freedom Day. I call upon the people of the United States to observe this
day with appropriate ceremonies and activities and to reaffirm their
dedication to freedom and democracy.
IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7846 of November 15, 2004
America Recycles Day, 2004
By the President of the United States of America
A Proclamation
Our Nation is dedicated to good stewardship of our natural resources. On
America Recycles Day, we reaffirm our commitment to preserving our
resources and recycling.
Our country produces more than 200 million tons of municipal solid
waste--approximately 4 pounds of waste per person per day. As more
garbage is generated, the demands on our landfills, natural resources,
and environment continue to grow. Recycling helps conserve energy and
natural resources, provides raw materials for key domestic industries,
reduces air and water pollution, cuts greenhouse gas emissions, and
promotes the development of cleaner technologies. Recycling and
composting diverts millions of tons of material away from landfills and
incinerators. Through curbside collection and recyclable drop-off
centers, communities across our
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Nation are demonstrating their commitment to protecting our environment
and to building a better future for our next generation.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 15, 2004, as
America Recycles Day. I call upon the people of the United States to
observe this day with appropriate programs and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7847 of November 19, 2004
National Farm-City Week, 2004
By the President of the United States of America
A Proclamation
America's farmers and ranchers provide a healthy, safe, and abundant
food supply for our Nation and for people around the world. Their work
depends on partnerships with shippers, processors, marketers, retailers,
transporters, and many others, and their success is essential to
America's prosperity. During National Farm-City Week, we recognize the
importance of this cooperative network and the hard work and valuable
contributions of those in our agricultural industry.
As one of our first industries, farming has long been vital to our
Nation. Nearly half of the land in the United States is used for
agricultural production, employing millions of workers, and providing
consumers with food, clothing, and energy. In addition, America's
farmers and ranchers are stewards of our land, using innovative
conservation measures to protect our soil, water, and wildlife habitat.
Our cities also play a key role in our farm economy. Many of the
industries that process, transport, and distribute agricultural goods
are located in America's urban communities. Their work has contributed
to record exports of farm products and to the prosperity of our Nation's
agricultural industry.
My Administration will continue to work to strengthen American
agriculture. As we observe National Farm-City Week, I join all our
citizens in expressing gratitude to farmers, ranchers, and all those who
work in our agricultural industry for their love of the land and love of
our country.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 through
November 25, 2004, as National Farm-City Week. I encourage all Americans
to celebrate the cooperation between urban and rural communities and the
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extraordinary contributions of the agricultural industry to our Nation's
vitality and prosperity.
IN WITNESS WHEREOF, I have hereunto set my hand this nineteenth day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7848 of November 23, 2004
National Family Week, 2004
By the President of the United States of America
A Proclamation
Strong families are the foundation of our society. They provide
stability for our citizens and instill responsibility and values in our
children. During National Family Week, we underscore our commitment to
supporting families and recognize the significance of family to our
country.
Families have an important role in teaching our Nation's young people to
understand the consequences of their actions and to recognize that the
decisions they make today could affect the rest of their lives. In times
of change, the family values of compassion, reverence, and integrity
serve as steady guides. My Administration is standing with American
families because children should have the opportunity to grow up in a
stable home.
To help families, I was proud last month to sign the Working Families
Tax Relief Act of 2004. Because of this legislation, more than 90
million Americans will have a lower tax bill next year. With more of
their own money, parents can save for retirement or a child's education,
or invest in a home or small business. For many American families, the
most valuable commodity is extra time. I have called on the Congress to
give individuals the voluntary options of comp-time and flex-time as an
alternative to overtime pay so that they may better juggle the demands
of work and family.
As we celebrate family this week, our Nation expresses its gratitude for
the families whose loved ones serve in our Armed Forces. These brave
military men and women are working to defend our country and spread
freedom so that all Americans are safe and secure. We pray for them and
for their families. And we will always remember the courage and selfless
commitment of those who have paid the ultimate price for our security
and freedom.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 21 through
November 27, 2004, as National Family Week. I invite the States,
communities, and all the people of the United States to join together in
observing this week with appropriate ceremonies and activities to honor
our Nation's families.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7849 of November 23, 2004
Thanksgiving Day, 2004
By the President of the United States of America
A Proclamation
All across America, we gather this week with the people we love to give
thanks to God for the blessings in our lives. We are grateful for our
freedom, grateful for our families and friends, and grateful for the
many gifts of America. On Thanksgiving Day, we acknowledge that all of
these things, and life itself, come from the Almighty God.
Almost four centuries ago, the Pilgrims celebrated a harvest feast to
thank God after suffering through a brutal winter. President George
Washington proclaimed the first National Day of Thanksgiving in 1789,
and President Lincoln revived the tradition during the Civil War, asking
Americans to give thanks with ``one heart and one voice.'' Since then,
in times of war and in times of peace, Americans have gathered with
family and friends and given thanks to God for our blessings.
Thanksgiving is also a time to share our blessings with those who are
less fortunate. Americans this week will gather food and clothing for
neighbors in need. Many young people will give part of their holiday to
volunteer at homeless shelters and food pantries. On Thanksgiving, we
remember that the true strength of America lies in the hearts and souls
of the American people. By seeking out those who are hurting and by
lending a hand, Americans touch the lives of their fellow citizens and
help make our Nation and the world a better place.
This Thanksgiving, we express our gratitude to our dedicated
firefighters and police officers who help keep our homeland safe. We are
grateful to the homeland security and intelligence personnel who spend
long hours on faithful watch. And we give thanks for the Americans in
our Armed Forces who are serving around the world to secure our country
and advance the cause of freedom. These brave men and women make our
entire Nation proud, and we thank them and their families for their
sacrifice.
On this Thanksgiving Day, we thank God for His blessings and ask Him to
continue to guide and watch over our Nation.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 25,
2004, as a National Day of Thanksgiving. I encourage all Americans to
gather together in their homes and places of worship to reinforce the
ties of family and community and to express gratitude for the many
blessings we enjoy.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-third day of
November, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7850 of December 1, 2004
World AIDS Day, 2004
By the President of the United States of America
A Proclamation
HIV/AIDS is the greatest health crisis of our time. Its defeat requires
the cooperation of the entire global community. On World AIDS Day,
people around the world unite to demonstrate our commitment to fighting
HIV/AIDS and to offer prayers and support for those living with HIV/AIDS
and for their families and caregivers.
America and many nations have great opportunities to improve health,
expand prosperity, and extend freedom in our time. My Administration has
made turning the tide against HIV/AIDS a priority. In my 2003 State of
the Union Address, I was proud to announce the Emergency Plan for AIDS
Relief. This plan commits $15 billion over 5 years to fight the HIV/AIDS
pandemic in over 100 countries throughout the world, focusing on 15 of
the hardest-hit countries in Africa, the Caribbean, and Asia. These
funds are already at work and will help prevent 7 million new
infections, treat 2 million infected individuals, and care for 10
million individuals, including orphans and vulnerable children infected
or affected by this disease.
This year, we also recognize the challenges HIV/AIDS poses to women.
Through the Emergency Plan, the United States supports drug therapy and
counseling to prevent mother-to-child transmission of HIV/AIDS. In
addition, we are working to prevent girls from becoming infected through
sexual coercion or exploitation and to increase support and services to
help reduce the burden on women who are called upon to care for a sick
loved one.
In order to defeat this pandemic, we also must discover new treatments
and cures. America joined with other countries at the G-8 Summit in June
to announce the Global HIV Vaccine Enterprise, a major commitment from
the world's leading scientists to find ways to combat this devastating
disease. My Administration also supports efforts to encourage testing
because in the United States alone, one-quarter of those infected with
HIV each year do not know that they are infected. And, because
abstinence is the only sure way to avoid sexually transmitted diseases,
my Administration has more than tripled funding for abstinence-only
programs since taking office.
Our country and other nations around the world are working to bring new
hope to those suffering with HIV/AIDS and contribute to a healthier
future for people around the world.
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, by virtue of the authority vested in me by the Constitution and
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laws of the United States, do hereby proclaim December 1, 2004, as World
AIDS Day. I urge the Governors of the States and 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
remembering those who have lost their lives to this disease and to
comfort and support those living with and affected by HIV/AIDS.
IN WITNESS WHEREOF, I have hereunto set my hand this first day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7851 of December 2, 2004
National Drunk and Drugged Driving Prevention Month, 2004
By the President of the United States of America
A Proclamation
As a Nation, we have made great strides in reducing the deadly cost of
impaired driving, but driving under the influence of alcohol or drugs
still shatters too many lives and robs too many people of their
potential. During National Drunk and Drugged Driving Prevention Month,
we continue our work to end impaired driving and urge all Americans to
be responsible and safe drivers this holiday season and throughout the
year.
My Administration is committed to saving lives and preventing injuries
resulting from alcohol- and drug-impaired driving. The NHTSA sponsors
public education programs such as the ``You Drink & Drive. You Lose.''
campaign to raise awareness about the dangers of drunk and drugged
driving, and works with State and local law enforcement agencies as they
conduct sobriety checkpoints and saturation patrols. In addition, the
National Youth Anti-Drug Media Campaign has invested millions of dollars
to educate Americans about the threat posed by illegal drugs and drugged
driving. We are also increasing resources for State enforcement and
education programs. My Administration awarded $80.6 million in grants
this year to States that have lowered the legal threshold for impaired
driving to .08 blood alcohol concentration (BAC). As of this year, all
50 States, the District of Columbia, and the Commonwealth of Puerto Rico
have adopted this legal definition of impaired driving.
Individuals across our country can help prevent drunk and drugged
driving by encouraging responsible actions, identifying sober designated
drivers, and educating young people about safe, substance-free driving
behavior. Working together, all Americans can make our roads safer and
save lives by preventing drunk and drugged driving.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 2004 as National
Drunk and Drugged Driving Prevention Month.
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IN WITNESS WHEREOF, I have hereunto set my hand this second day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7852 of December 6, 2004
National Pearl Harbor Remembrance Day, 2004
By the President of the United States of America
A Proclamation
On a quiet Sunday morning, December 7, 1941, more than 2,400 Americans
were killed in the attack on Pearl Harbor. On that day, life changed in
America, and the course of history was altered forever.
Our citizens reacted to the attack with firm determination to defeat
tyranny and secure our Nation. This enterprise required the commitment
and effort of our entire country. At the height of the conflict, the
United States had ships on every ocean and troops on five continents. In
all, more than 16 million Americans wore the uniform of our Nation. They
came from all walks of life. They served honorably and fought fiercely.
At home, millions more contributed to the war effort, laboring for
victory in our factories, on farms, and across America.
Today, we honor those who fought and died at Pearl Harbor, and we pay
special tribute to the veterans of World War II. These heroes hold a
cherished place in our history. Through their courage, sacrifice, and
selfless dedication, they saved our country and preserved freedom. As we
fight the war on terror, their patriotism continues to inspire a new
generation of Americans who have been called to defend the blessings of
liberty. Like those who have gone before them throughout our history,
our troops fighting the war on terror are defending America from danger
and liberating the oppressed.
The Congress, by Public Law 103-308, as amended, has designated December
7 of each year as ``National Pearl Harbor Remembrance Day.''
NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim December 7, 2004, as National Pearl Harbor
Remembrance Day. I encourage all Americans to observe this solemn
occasion with appropriate ceremonies and activities. I urge all Federal
agencies, interested organizations, groups, and individuals to fly the
flag of the United States at half-staff this December 7 in honor of
those who died as a result of their service at Pearl Harbor.
IN WITNESS WHEREOF, I have hereunto set my hand this sixth day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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Proclamation 7853 of December 10, 2004
To Take Certain Actions Under the African Growth and Opportunity Act
With Respect to Burkina Faso
By the President of the United States of America
A Proclamation
1. Section 506A(a)(1) of the Trade Act of 1974, as amended (the ``1974
Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA), authorizes the President to designate a country listed in
section 107 of the AGOA (19 U.S.C. 3706) as a ``beneficiary sub-Saharan
African country'' if the President determines that the country meets the
eligibility requirements set forth in section 104 of the AGOA (19 U.S.C.
3703), as well as the eligibility criteria set forth in section 502 of
the 1974 Act (19 U.S.C. 2462).
2. Section 104 of the AGOA authorizes the President to designate a
country listed in section 107 of the AGOA as an ``eligible sub-Saharan
African country'' if the President determines that the country meets
certain eligibility requirements.
3. Section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) provides
special rules for certain apparel articles imported from ``lesser
developed beneficiary sub-Saharan African countries.''
4. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the
1974 Act, I have determined that Burkina Faso meets the eligibility
requirements set forth or referenced therein, and I have decided to
designate Burkina Faso as a beneficiary sub-Saharan African country.
5. Burkina Faso satisfies the criterion for treatment as a ``lesser
developed beneficiary sub-Saharan African country'' under section
112(b)(3)(B) of the AGOA.
6. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President
to embody in the Harmonized Tariff Schedule of theUnited States (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, GEORGE W. BUSH, 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 sections 506A and
604 of the 1974 Act and section 104 of the AGOA, do proclaim that:
(1) Burkina Faso is designated as an eligible sub-Saharan African
country and as a beneficiary sub-Saharan African country.
(2) In order to reflect this designation in the HTS, general note
16(a) to the HTS is modified by inserting in alphabetical sequence in
the list of beneficiary sub-Saharan African countries ``Burkina Faso.''
(3) For purposes of section 112(b)(3)(B) of the AGOA, Burkina Faso
is a lesser developed beneficiary sub-Saharan African country.
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(4) The modification to the HTS made by this proclamation shall be
effective with respect to articles entered, or withdrawn from warehouse
for consumption, 15 days after the date of this proclamation.
(5) Any provisions of previous proclamations and Executive Orders
that are inconsistent with this proclamation are superseded to the
extent of such inconsistency.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7854 of December 10, 2004
Human Rights Day, Bill of Rights Day, and Human Rights Week, 2004
By the President of the United States of America
A Proclamation
During Human Rights Day, Bill of Rights Day, and Human Rights Week, we
celebrate the founding ideals of our Nation and emphasize the importance
of protecting human liberty throughout the world.
As a Nation, we cherish the values of free speech, equality, and
religious freedom, and we steadfastly oppose injustice and tyranny.
Since the founding of America, the Bill of Rights has protected basic
human rights and liberties. In the United States, all citizens have the
opportunity to voice their opinions, practice their faith, and enjoy the
blessings of freedom.
After the tragedies of World War II, the United Nations General Assembly
adopted the Universal Declaration of Human Rights as part of a global
effort to curb the cruelty and systematic injustice that had destroyed
so many lives. The Universal Declaration of Human Rights affirms the
inalienable rights of people everywhere.
In the time since, progress has been made in ensuring that human dignity
is respected, and we have witnessed the rise of democratic governments
around the world. No other system of government has done more to protect
minorities, secure the rights of labor, raise the status of women, or
channel human energy to the pursuits of peace than democracy.
My Administration continues to encourage free and open societies around
the world. In Burma, we have called on the ruling junta to release Aung
San Suu Kyi and engage in dialogue to bring democracy to that country.
We are helping lead the international effort to end the suffering in
Sudan. We seek to help the people of North Korea, who are struggling to
survive under severe repression and difficult living conditions, and our
Nation continues to stand with those who strive for democracy in
Belarus, Cuba, Iran, and Zimbabwe.
My Administration also has advanced the fight against human trafficking
and the abuse and exploitation of women and children, particularly of
young girls in the sex trade. In addition, we have expanded our Nation's
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support for democracy promotion programs globally and have increased the
budget for the National Endowment for Democracy to strengthen support
for free elections, free markets, free speech, and human rights advocacy
around the world.
Freedom and dignity are God's gift to each man and woman in the world.
During this observance, we encourage all nations to continue working
towards freedom, peace, and security, which can be achieved only through
democracy, respect for human rights, and the rule of law.
NOW, THEREFORE, I, GEORGE W. BUSH, 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, 2004, as
Human Rights Day; December 15, 2004, as Bill of Rights Day; and the week
beginning December 10, 2004, as Human Rights Week. I call upon the
people of the United States to honor the legacy of human rights passed
down to us from previous generations and to mark these observances with
appropriate ceremonies and activities.
IN WITNESS WHEREOF, I have hereunto set my hand this tenth day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7855 of December 15, 2004
60th Anniversary of the Battle of the Bulge, 2004
By the President of the United States of America
A Proclamation
Sixty years ago, more than 600,000 American soldiers fought at the
Battle of the Bulge in the Ardennes Forest region of Belgium and
Luxembourg. What began as a German surprise attack on December 16, 1944,
became the largest land battle involving U.S. troops in World War II and
ended with an Allied victory on January 25, 1945. By the end of the
battle, there were 81,000 American casualties, including approximately
19,000 who had sacrificed their lives. This formidable stand was a
turning point in the war and was critical to the defeat of Nazi Germany
and the liberation of Europe from tyranny.
Americans continue to be inspired by the valor and integrity of those
who fought and those who died at the Battle of the Bulge. We recognize
these brave individuals and pay special tribute to all the veterans of
World War II. When it mattered most, an entire generation of Americans
showed the finest qualities of our Nation and humanity. Today, as we
wage a war on terrorism and defend freedom, our service men and women
follow and uphold this great tradition of achievement and courage. Just
like their parents and grandparents, the men and women of this
generation of our military have answered the call to help advance peace
and democracy and keep the American people safe.
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On the 60th anniversary of one of the fiercest battles of World War II,
our Nation honors the veterans who share with us the story of this epic
struggle and all of the brave Americans who fought in the Battle of the
Bulge.
NOW, THEREFORE, I, GEORGE W. BUSH, 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 urge all Americans to observe the
60th Anniversary of the Battle of the Bulge. I call upon all Americans
to observe this occasion with appropriate activities, ceremonies, and
programs designed to honor those who served and sacrificed to liberate
Europe and defend America's freedom and security.
IN WITNESS WHEREOF, I have hereunto set my hand this fifteenth day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7856 of December 17, 2004
Wright Brothers Day, 2004
By the President of the United States of America
A Proclamation
On Wright Brothers Day, we honor the achievement and imagination of
Orville and Wilbur Wright, two bicycle mechanics from Dayton, Ohio, who
changed the world with their optimism, creativity, and persistence. On
this day, we recall a monumental event in the history of our Nation and
in the story of mankind.
On a cold December morning in 1903 on the Outer Banks of North Carolina,
a small wood and canvas aircraft sent America on a journey far beyond
the sands of Kitty Hawk. The flight spanned 120 feet and lasted just 12
seconds, yet it ushered in a new era of unimaginable advances in
aviation and aerospace technology. Today, air travel is vital to our
country, helping bring people together and sustain our security. In
addition, the aviation industry strengthens our economy by supporting
millions of jobs.
The spirit that led the Wright Brothers to powered flight continues
today in America's space program. From providing surveys of the sun to
images of the planets, our spacecraft are exploring the outer edges of
our solar system and revolutionizing our view of the universe. Under my
Vision for Space Exploration Program, we will proudly carry on the
Wright Brothers' tradition of innovation. As we embark on the next
century of flight, that spirit of discovery will help our Nation and the
world realize the full promise of tomorrow.
The Congress, by a joint resolution approved December 17, 1963 (77 Stat.
402; 36 U.S.C. 143) as amended, 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.
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NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of
America, do hereby proclaim December 17, 2004, as Wright Brothers Day.
IN WITNESS WHEREOF, I have hereunto set my hand this seventeenth day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7857 of December 20, 2004
To Implement the United States-Australia Free Trade Agreement
By the President of the United States of America
A Proclamation
1. On May 18, 2004, the United States entered into the United States-
Australia Free Trade Agreement (USAFTA). The USAFTA was approved by the
Congress in section 101(a) of the United States-Australia Free Trade
Agreement Implementation Act (the ``USAFTA Act'') (Public Law 108-286,
118 Stat. 919) (19 U.S.C. 3805 note).
2. Section 105(a) of the USAFTA Act authorizes the President to
establish or designate within the Department of Commerce an office that
shall be responsible for providing administrative assistance to panels
established under Chapter 21 of the USAFTA.
3. Section 201 of the USAFTA Act authorizes the President to proclaim
such modifications or continuation of any duty, such continuation of
duty-free or excise treatment, or such additional duties, as the
President determines to be necessary or appropriate to carry out or
apply Articles 2.3, 2.5, and 2.6, and the schedule of reductions with
respect to Australia set forth in Annex 2-B, of the USAFTA.
4. Section 203 of the USAFTA Act provides certain rules for determining
whether a good is an originating good for the purpose of implementing
preferential tariff treatment under the USAFTA. I have decided that it
is necessary to include these rules of origin, together with particular
rules applicable to certain other goods, in the Harmonized Tariff
Schedule of the United States (HTS).
5. Section 206 of the USAFTA Act authorizes the President to take
certain enforcement actions relating to trade with Australia in textile
and apparel goods.
6. Sections 321-328 of the USAFTA Act authorize the President to take
certain actions in response to a request by an interested party for
relief from serious damage or actual threat thereof to a domestic
industry producing certain textile or apparel articles.
7. Executive Order 11651 of March 3, 1972, as amended, establishes the
Committee for the Implementation of Textile Agreements (CITA) to
supervise the implementation of textile trade agreements.
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8. Section 604 of the Trade Act of 1974 (the ``1974 Act'') (19 U.S.C.
2483), as amended, authorizes the President to embody in the HTS the
substance of relevant provisions of that Act, or other acts affecting
import treatment, and of actions taken thereunder.
NOW, THEREFORE, I, GEORGE W. BUSH, 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
sections 105(a), 201, 203, 206, and 321-328 of the USAFTA Act, section
301 of title 3, United States Code, and section 604 of the 1974 Act, do
proclaim that:
(1) In order to provide generally for the preferential tariff
treatment being accorded under the USAFTA, to set forth rules for
determining whether goods imported into the customs territory of the
United States are eligible for preferential tariff treatment under the
USAFTA, to provide certain other treatment to originating goods for the
purposes of the USAFTA, and to provide tariff-rate quotas with respect
to certain originating goods, the HTS is modified as set forth in Annex
I of Publication No. 3722 of the United States International Trade
Commission, entitled Modifications to the Harmonized Tariff Schedule of
the United States Implementing the United States-Australia Free Trade
Agreement (Publication 3722), which is incorporated by reference into
this proclamation.
(2) In order to implement the initial stage of duty elimination
provided for in the USAFTA, to provide tariff-rate quotas with respect
to certain originating goods, and to provide for future staged
reductions in duties for originating products of Australia for purposes
of the USAFTA, the HTS is modified as provided in Annex II of
Publication 3722, effective on the dates specified in the relevant
sections of such publication and on any subsequent dates set forth for
such duty reductions in that publication.
(3) The Secretary of Commerce is authorized to exercise the
authority of the President under section 105(a) of the USAFTA Act to
establish or designate an office within the Department of Commerce to
carry out the functions set forth in that section.
(4) (a) The amendments to the HTS made by paragraphs (1) and (2) of
this proclamation shall be effective with respect to goods entered, or
withdrawn from warehouse for consumption, on or after the relevant dates
indicated in Annex II to Publication 3722.
(b) Except as provided in paragraph 4(a) of this proclamation, this
proclamation shall be effective with respect to goods entered, or withdrawn
from warehouse for consumption, on or after January 1, 2005.
(5) The CITA is authorized to exercise the authority of the
President under section 206 of the USAFTA Act to exclude textile and
apparel goods from the customs territory of the United States; to
determine whether an enterprise's production of, and capability to
produce, goods are consistent with statements by the enterprise; to find
that an enterprise has knowingly or willfully engaged in circumvention;
and to deny preferential tariff treatment to textile and apparel goods.
(6) The CITA is authorized to exercise the authority of the
President under sections 321-328 of the USAFTA Act to review requests,
including
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allegations of critical circumstances, and to determine whether to
commence consideration of such requests; to cause to be published in the
Federal Register a notice of commencement of consideration of a request
and notice seeking public comment; to determine whether imports of an
Australian textile or apparel article are causing serious damage, or
actual threat thereof, to a domestic industry producing an article that
is like, or directly competitive with, the imported article; and to
provide relief from imports of an article that is the subject of such a
determination; and if critical circumstances are alleged, to determine
whether there is clear evidence that imports from Australia have
increased as the result of the reduction or elimination of a customs
duty under the USAFTA, whether there is clear evidence that such imports
are causing serious damage, or actual threat thereof, to a domestic
industry producing an article that is like, or directly competitive
with, the imported article, and whether delay in taking action would
cause damage to that industry that would be difficult to repair; and to
provide provisional relief with respect to imports that are subject to
an affirmative determination of critical circumstances that is necessary
to remedy or prevent the serious damage.
(7) All 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.
IN WITNESS WHEREOF, I have hereunto set my hand this twentieth day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
Proclamation 7858 of December 21, 2004
To Take Certain Actions Under the African Growth and Opportunity Act
By the President of the United States of America
A Proclamation
1. In Proclamation 7561 of May 16, 2002, I designated the Republic of
Cote d'Ivoire as a beneficiary sub-Saharan African country pursuant to
section 506A(a)(1) of the Trade Act of 1974, as amended, (the ``1974
Act'') (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the
African Growth and Opportunity Act (title I of Public Law 106-200)
(AGOA)). I also provided that Cote d'Ivoire would be considered a lesser
developed beneficiary sub-Saharan African country for purposes of
section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)).
2. In Proclamation 7350 of October 2, 2000, President Clinton delegated
to the United States Trade Representative (USTR) the authority to
perform the function specified in section 113(b)(1)(B) of the AGOA (19
U.S.C. 3722(b)(1)(B)). In a Federal Register notice dated December 17,
2003, the USTR determined that Cote d'Ivoire had adopted an effective
visa system and related procedures to prevent unlawful transshipment and
the use of
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counterfeit documents and that Cote d'Ivoire had implemented and
followed, or was making substantial progress toward implementing and
following, certain customs procedures that assist the United States
Customs Service in verifying the origin of the products.
3. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes
the President to terminate the designation of a country as a beneficiary
sub-Saharan African country for purposes of section 506A if he
determines that the country is not making continual progress in meeting
the requirements described in section 506A(a)(1) of the 1974 Act,
effective on January 1 of the year following the year in which such
determination is made.
4. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined
that Cote d'Ivoire is not making continual progress in meeting the
requirements described in section 506A(a)(1) of the 1974 Act.
Accordingly, I have decided to terminate the designation of Cote
d'Ivoire as a beneficiary sub-Saharan African country for purposes of
section 506A of the 1974 Act, effective on January 1, 2005.
5. Section 604 of the 1974 Act (19 U.S.C. 2483) authorizes the President
to embody in the Harmonized Tariff Schedule of the United States (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, GEORGE W. BUSH, 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 sections 506A and 604 of the
1974 Act and section 301 of title 3, United States Code, do proclaim
that:
(1) The designation of Cote d'Ivoire as a beneficiary sub-Saharan
African country for purposes of section 506A of the 1974 Act is
terminated, effective on January 1, 2005.
(2) In order to reflect in the HTS that beginning January 1, 2005, Cote
d'Ivoire shall no longer be designated as a beneficiary sub-Saharan
African country, general note 16(a) to the HTS is modified by deleting
``Republic of Cote d'Ivoire'' from the list of beneficiary sub-Saharan
African countries. Further, U.S. note 2(d) to subchapter XIX of chapter
98 is modified by removing ``Cote d'Ivoire'' from the list of lesser
developed beneficiary sub-Saharan African countries, and U.S. note 7(a)
to subchapter II and U.S. note 1 to subchapter XIX of chapter 98 of the
HTS are modified by deleting ``Cote d'Ivoire'' from the list of
beneficiary sub-Saharan African countries eligible for certain textile
and apparel benefits.
(3) The modification to the HTS made by this proclamation shall be
effective with respect to articles entered, or withdrawn from warehouse
for consumption, on or after January 1, 2005.
(4) Any provisions of previous proclamations and executive orders that
are inconsistent with this proclamation are superseded to the extent of
such inconsistency.
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IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of
December, in the year of our Lord two thousand four, and of the
Independence of the United States of America the two hundred and twenty-
ninth.
GEORGE W. BUSH
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________________________________________________________________________
EXECUTIVE ORDERS
________________________________________________________________________
Executive Order 13324 of January 15, 2004
Termination of Emergency With Respect to Sierra Leone and Liberia
By the authority vested in me as President by the Constitution and the
laws of the United States, 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.) (NEA), and section 5 of the United Nations
Participation Act of 1945, as amended (22 U.S.C. 287c),
I, GEORGE W. BUSH, President of the United States of America, find that
the situations that gave rise to the declaration of a national emergency
in Executive Order 13194 of January 18, 2001, with respect to Sierra
Leone and the expansion of the scope of that emergency in Executive
Order 13213 of May 22, 2001, with respect to Liberia, have been
significantly altered given that in January 2002 the Government of
Sierra Leone, the Sierra Leonean rebel group Revolutionary United Front
(RUF), and the United Nations Mission in Sierra Leone declared the war
in Sierra Leone to have ended; the parties to the Liberian civil war
entered into a Comprehensive Peace Agreement in August 2003; the RUF no
longer exists as a military organization; Charles Taylor, who was the
prime instigator of violence both in Sierra Leone and in Liberia, has
resigned from the Liberian presidency and gone into exile; the
Government of Sierra Leone has established a rough diamond certification
regime that meets the minimum standards of the Kimberley Process
Certification Scheme; and the United States has implemented the Clean
Diamond Trade Act (Public Law 108-19), prohibiting the importation into
the United States of rough diamonds that are not controlled through the
Kimberley Process Certification Scheme, currently including rough
diamonds from Liberia. Accordingly, I hereby terminate the national
emergency declared and expanded in scope in those two prior orders,
revoke those orders, and further order:
Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 1622),
termination of the national emergency declared in Executive Order 13194
and expanded in scope in Executive Order 13213 shall not affect any
action taken or proceeding pending not finally concluded or determined
as of the effective date of this order, or any action or proceeding
based on any act committed prior to such date, or any rights or duties
that matured or penalties that were incurred prior to such date.
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Sec. 2. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
Sec. 3. This order is effective at 12:01 a.m. eastern standard time on
January 16, 2004. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush
The White House,
January 15, 2004.
Executive Order 13325 of January 23, 2004
Amendment to Executive Order 12293, the Foreign Service of the United
States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Foreign Service Act
of 1980, as amended, and in order to adjust the basic salary rates for
each class of the Senior Foreign Service in light of the changes made to
the manner in which members of the Senior Executive Service will be paid
pursuant to the National Defense Authorization Act for Fiscal Year 2004
(Public Law 108-136), it is hereby ordered as follows:
Section 1. Section 4 of Executive Order 12293 of February 23, 1981, as
amended, is amended to read as follows:
``Sec. 4. (a) In accord with Section 402 of the Act (22 U.S.C. 3962),
there are established the following salary classes with titles for the
Senior Foreign Service, at the following ranges of basic rates of pay.
(1)
Career Minister
Range from 94 percent of the rate payable to level III of the
Executive Schedule to 100 percent of the rate payable to level III
of the Executive Schedule.
(2)
Minister-Counselor
Range from 90 percent of the rate payable to level III of the
Executive Schedule to 100 percent of the rate payable to level III
of the Executive Schedule.
(3)
Counselor
Range from 120 percent of the rate payable to GS-15/Step 1 to 100
percent of rate payable to level III of the Executive Schedule.
(b) Upon conversion to a rate of basic pay within the range of rates
established for the applicable salary class by this section as of the
first day of the first applicable pay period beginning on or after
January 1, 2004, a member of the Senior Foreign Service shall receive
the rate of basic pay to which he or she was entitled immediately before
that date, including any locality-based comparability payment authorized
under 5 U.S.C. 5304(h)(2)(C) that the member was receiving immediately
before that date. On the same date, or on a later date specified by the
Secretary of State (or the heads of the other agencies that utilize the
Foreign Service personnel
[[Page 133]]
system (collectively the ``Secretary'')), the Secretary may increase the
member's rate of basic pay upon a determination that the member's
performance or contribution to the mission of the agency so warrant and
that the member is otherwise eligible for such a pay adjustment under
Section 402 of the Foreign Service Act.''
Sec. 2. Effective Date. The salary rates contained herein are effective
on the first day of the first applicable pay period beginning on or
after January 1, 2004.
George W. Bush
The White House,
January 23, 2004.
Executive Order 13326 of January 27, 2004
President's Commission on Implementation of United States Space
Exploration Policy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to obtain recommendations
concerning implementation of the new vision for space exploration
activities of the United States, it is hereby ordered as follows:
Section 1. Establishment. There is hereby established the President's
Commission on Implementation of United States Space Exploration Policy
(the ``Commission'').
Sec. 2. Membership. (a) The Commission shall be composed of not more
than nine members appointed by the President, taking into account as
appropriate the experience of such individuals with respect to
governmental, scientific, and technical matters relating to space.
(b) The President shall designate one member of the Commission to
serve as Chairman of the Commission.
Sec. 3. Mission. (a) The mission of the Commission shall be to provide
recommendations to the President, in accordance with this order, on
implementation of the vision outlined in the President's policy
statement entitled ``A Renewed Spirit of Discovery'' and the President's
Budget Submission for Fiscal Year 2005 (collectively, ``Policy'').
(b) The Commission shall examine and make recommendations to the
President regarding:
(i) A science research agenda to be conducted on the Moon and other
destinations as well as human and robotic science activities that advance
our capacity to achieve the Policy;
(ii) The exploration of technologies, demonstrations, and strategies,
including the use of lunar and other in situ natural resources, that could
be used for sustainable human and robotic exploration;
(iii) Criteria that could be used to select future destinations for
human exploration;
(iv) Long-term organization options for managing implementation of space
exploration activities;
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(v) The most appropriate and effective roles for potential private
sector and international participants in implementing the Policy;
(vi) Methods for optimizing space exploration activities to encourage
the interest of America's youth in studying and pursuing careers in
mathematics, science, and engineering; and
(vii) Management of the implementation of the Policy within available
resources.
Sec. 4. Administration. (a) The National Aeronautics and Space
Administration (NASA) shall provide, to the extent permitted by law,
administrative support and funding for the Commission. The Commission is
established in NASA for administrative purposes only.
(b) Members of the Commission shall serve without compensation for
their work on the Commission. Members appointed from among private
citizens of the United States, however, while engaged in the work of the
Commission, may be allowed travel expenses, including per diem in lieu
of subsistence, as authorized by law for persons serving intermittently
in Government service (5 U.S.C. 5701-5707), to the extent funds are
available.
(c) Insofar as the Federal Advisory Committee Act (5 U.S.C. App. 2)
(the ``Act''), as amended, may apply to the Commission, any functions of
the President under that Act, except for those in section 6 of that Act,
shall be performed by the Administrator of NASA (the ``Administrator''),
in accordance with the guidelines that have been issued by the
Administrator of General Services.
(d) The Commission shall conduct occasional meetings as appropriate,
including at various locations throughout the United States, to solicit
views and opinions from the public, academia, and industry.
(e) The Commission shall not have access to information classified
pursuant to Executive Order 12958 of April 17, 1995, as amended.
Sec. 5. Report. The Commission shall submit its final report to the
President through the Administrator within 120 days of the first meeting
of the Commission.
Sec. 6. General Provisions. (a) This order is intended only to improve
the internal management of the executive branch and it is not intended
to, and does not, create any right or benefit, substantive or
procedural, enforceable at law or in equity by a party against the
United States, its departments, agencies, instrumentalities or entities,
its officers or employees, or any other person.
(b) The Commission shall terminate within 60 days after submitting
its final report.
George W. Bush
The White House,
January 27, 2004.
[[Page 135]]
Executive Order 13327 of February 4, 2004
Federal Real Property Asset Management
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 121(a) of title
40, United States Code, and in order to promote the efficient and
economical use of Federal real property resources in accordance with
their value as national assets and in the best interests of the Nation,
it is hereby ordered as follows:
Section 1. Policy. It is the policy of the United States to promote the
efficient and economical use of America's real property assets and to
assure management accountability for implementing Federal real property
management reforms. Based on this policy, executive branch departments
and agencies shall recognize the importance of real property resources
through increased management attention, the establishment of clear goals
and objectives, improved policies and levels of accountability, and
other appropriate action.
Sec. 2. Definition and Scope. (a) For the purpose of this executive
order, Federal real property is defined as any real property owned,
leased, or otherwise managed by the Federal Government, both within and
outside the United States, and improvements on Federal lands. For the
purpose of this order, Federal real property shall exclude: interests in
real property assets that have been disposed of for public benefit
purposes pursuant to section 484 of title 40, United States Code, and
are now held in private ownership; land easements or rights-of-way held
by the Federal Government; public domain land (including lands withdrawn
for military purposes) or land reserved or dedicated for national
forest, national park, or national wildlife refuge purposes except for
improvements on those lands; land held in trust or restricted fee status
for individual Indians or Indian tribes; and land and interests in land
that are withheld from the scope of this order by agency heads for
reasons of national security, foreign policy, or public safety.
(b) This order shall not be interpreted to supersede any existing
authority under law or by executive order for real property asset
management, with the exception of the revocation of Executive Order
12512 of April 29, 1985, in section 8 of this order.
Sec. 3. Establishment and Responsibilities of Agency Senior Real
Property Officer. (a) The heads of all executive branch departments and
agencies cited in sections 901(b)(1) and (b)(2) of title 31, United
States Code, and the Secretary of Homeland Security, shall designate
among their senior management officials, a Senior Real Property Officer.
Such officer shall have the education, training, and experience required
to administer the necessary functions of the position for the particular
agency.
(b) The Senior Real Property Officer shall develop and implement an
agency asset management planning process that meets the form, content,
and other requirements established by the Federal Real Property Council
established in section 4 of this order. The initial agency asset
management plan will be submitted to the Office of Management and Budget
on a date determined by the Director of the Office of Management and
Budget. In developing this plan, the Senior Real Property Officer shall:
[[Page 136]]
(i)
identify and categorize all real property owned, leased, or
otherwise managed by the agency, including, where applicable, those
properties outside the United States in which the lease agreements
and arrangements reflect the host country currency or involve
alternative lease plans or rental agreements;
(ii)
prioritize actions to be taken to improve the operational and
financial management of the agency's real property inventory;
(iii)
make life-cycle cost estimations associated with the prioritized
actions;
(iv)
identify legislative authorities that are required to address these
priorities;
(v)
identify and pursue goals, with appropriate deadlines, consistent
with and supportive of the agency's asset management plan and
measure progress against such goals;
(vi)
incorporate planning and management requirements for historic
property under Executive Order 13287 of March 3, 2003, and for
environmental management under Executive Order 13148 of April 21,
2000; and
(vii)
identify any other information and pursue any other actions
necessary to the appropriate development and implementation of the
agency asset management plan.
(c) The Senior Real Property Officer shall be responsible, on an
ongoing basis, for monitoring the real property assets of the agency so
that agency assets are managed in a manner that is:
(i)
consistent with, and supportive of, the goals and objectives set
forth in the agency's overall strategic plan under section 306 of
title 5, United States Code;
(ii)
consistent with the real property asset management principles
developed by the Federal Real Property Council established in
section 4 of this order; and
(iii)
reflected in the agency asset management plan.
(d) The Senior Real Property Officer shall, on an annual basis,
provide to the Director of the Office of Management and Budget and the
Administrator of General Services:
(i)
information that lists and describes real property assets under the
jurisdiction, custody, or control of that agency, except for
classified information; and
(ii)
any other relevant information the Director of the Office of
Management and Budget or the Administrator of General Services may
request for inclusion in the Government-wide listing of all Federal
real property assets and leased property.
(e) The designation of the Senior Real Property Officer shall be
made by agencies within 30 days after the date of this order.
Sec. 4. Establishment of a Federal Real Property Council. (a) A Federal
Real Property Council (Council) is established, within the Office of
Management and Budget for administrative purposes, to develop guidance
for, and facilitate the success of, each agency's asset management plan.
The Council shall be composed exclusively of all agency Senior Real
Property Officers, the Controller of the Office of Management and
Budget, the Administrator of General Services, and any other full-time
or permanent part-time Federal officials or employees as deemed
necessary by the Chairman of the Council. The Deputy Director for
Management of the Office of Management and
[[Page 137]]
Budget shall also be a member and shall chair the Council. The Office of
Management and Budget shall provide funding and administrative support
for the Council, as appropriate.
(b) The Council shall provide a venue for assisting the Senior Real
Property Officers in the development and implementation of the agency
asset management plans. The Council shall work with the Administrator of
General Services to establish appropriate performance measures to
determine the effectiveness of Federal real property management. Such
performance measures shall include, but are not limited to, evaluating
the costs and benefits involved with acquiring, repairing, maintaining,
operating, managing, and disposing of Federal real properties at
particular agencies. Specifically, the Council shall consider, as
appropriate, the following performance measures:
(i)
life-cycle cost estimations associated with the agency's
prioritized actions;
(ii)
the costs relating to the acquisition of real property assets by
purchase, condemnation, exchange, lease, or otherwise;
(iii)
the cost and time required to dispose of Federal real property
assets and the financial recovery of the Federal investment
resulting from the disposal;
(iv)
the operating, maintenance, and security costs at Federal
properties, including but not limited to the costs of utility
services at unoccupied properties;
(v)
the environmental costs associated with ownership of property,
including the costs of environmental restoration and compliance
activities;
(vi)
changes in the amounts of vacant Federal space;
(vii)
the realization of equity value in Federal real property assets;
(viii)
opportunities for cooperative arrangements with the commercial real
estate community; and
(ix)
the enhancement of Federal agency productivity through an improved
working environment. The performance measures shall be designed to
enable the heads of executive branch agencies to track progress in
the achievement of Government-wide property management objectives,
as well as allow for comparing the performance of executive branch
agencies against industry and other public sector agencies.
(c) The Council shall serve as a clearinghouse for executive
agencies for best practices in evaluating actual progress in the
implementation of real property enhancements. The Council shall also
work in conjunction with the President's Management Council to assist
the efforts of the Senior Real Property Officials and the implementation
of agency asset management plans.
(d) The Council shall be organized and hold its first meeting within
60 days of the date of this order. The Council shall hold meetings not
less often than once a quarter each fiscal year.
Sec. 5. Role of the General Services Administration. (a) The
Administrator of General Services shall, to the extent permitted by law
and in consultation with the Federal Real Property Council, provide
policy oversight and guidance for executive agencies for Federal real
property management; manage selected properties for an agency at the
request of that agency and with the consent of the Administrator;
delegate operational responsibilities
[[Page 138]]
to an agency where the Administrator determines it will promote
efficiency and economy, and where the receiving agency has demonstrated
the ability and willingness to assume such responsibilities; and provide
necessary leadership in the development and maintenance of needed
property management information systems.
(b) The Administrator of General Services shall publish common
performance measures and standards adopted by the Council.
(c) The Administrator of General Services, in consultation with the
Federal Real Property Council, shall establish and maintain a single,
comprehensive, and descriptive database of all real property under the
custody and control of all executive branch agencies, except when
otherwise required for reasons of national security. The Administrator
shall collect from each executive branch agency such descriptive
information, except for classified information, as the Administrator
considers will best describe the nature, use, and extent of the real
property holdings of the Federal Government.
(d) The Administrator of General Services, in consultation with the
Federal Real Property Council, may establish data and other information
technology (IT) standards for use by Federal agencies in developing or
upgrading Federal agency real property information systems in order to
facilitate reporting on a uniform basis. Those agencies with particular
IT standards and systems in place and in use shall be allowed to
continue with such use to the extent that they are compatible with the
standards issued by the Administrator.
Sec. 6. General Provisions. (a) The Director of the Office of Management
and Budget shall review, through the management and budget review
processes, the efforts of departments and agencies in implementing their
asset management plans and achieving the Government-wide property
management policies established pursuant to this order.
(b) The Office of Management and Budget and the General Services
Administration shall, in consultation with the landholding agencies,
develop legislative initiatives that seek to improve Federal real
property management through the adoption of appropriate industry
management techniques and the establishment of managerial accountability
for implementing effective and efficient real property management
practices.
(c) Nothing in this order shall be construed to impair or otherwise
affect the authority of the Director of the Office of Management and
Budget with respect to budget, administrative, or legislative proposals.
(d) Nothing in this order shall be construed to affect real property
for the use of the President, Vice President, or, for protective
purposes, the United States Secret Service.
Sec. 7. Public Lands. In order to ensure that Federally owned lands,
other than the real property covered by this order, are managed in the
most effective and economic manner, the Departments of Agriculture and
the Interior shall take such steps as are appropriate to improve their
management of public lands and National Forest System lands and shall
develop appropriate legislative proposals necessary to facilitate that
result.
Sec. 8. Executive Order 12512 of April 29, 1985, is hereby revoked.
Sec. 9. Judicial Review. This order is intended only to improve the
internal management of the executive branch and is not intended to, and
does not,
[[Page 139]]
create any right or benefit, substantive or procedural, enforceable at
law or in equity, against the United States, its departments, agencies,
or other entities, its officers or employees, or any other person.
George W. Bush
The White House,
February 4, 2004.
Executive Order 13328 of February 6, 2004
Commission on the Intelligence Capabilities of the United States
Regarding Weapons of Mass Destruction
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. Establishment. There is established, within the Executive
Office of the President for administrative purposes, a Commission on the
Intelligence Capabilities of the United States Regarding Weapons of Mass
Destruction (Commission).
Sec. 2. Mission. (a) The Commission is established for the purpose of
advising the President in the discharge of his constitutional authority
under Article II of the Constitution to conduct foreign relations,
protect national security, and command the Armed Forces of the United
States, in order to ensure the most effective counterproliferation
capabilities of the United States and response to the September 11,
2001, terrorist attacks and the ongoing threat of terrorist activity.
The Commission shall assess whether the Intelligence Community is
sufficiently authorized, organized, equipped, trained, and resourced to
identify and warn in a timely manner of, and to support United States
Government efforts to respond to, the development and transfer of
knowledge, expertise, technologies, materials, and resources associated
with the proliferation of Weapons of Mass Destruction, related means of
delivery, and other related threats of the 21st Century and their
employment by foreign powers (including terrorists, terrorist
organizations, and private networks, or other entities or individuals).
In doing so, the Commission shall examine the capabilities and
challenges of the Intelligence Community to collect, process, analyze,
produce, and disseminate information concerning the capabilities,
intentions, and activities of such foreign powers relating to the
design, development, manufacture, acquisition, possession,
proliferation, transfer, testing, potential or threatened use, or use of
Weapons of Mass Destruction, related means of delivery, and other
related threats of the 21st Century.
(b) With respect to that portion of its examination under paragraph
2(a) of this order that relates to Iraq, the Commission shall
specifically examine the Intelligence Community's intelligence prior to
the initiation of Operation Iraqi Freedom and compare it with the
findings of the Iraq Survey Group and other relevant agencies or
organizations concerning the capabilities, intentions, and activities of
Iraq relating to the design, development, manufacture, acquisition,
possession, proliferation, transfer, testing, potential or threatened
use, or use of Weapons of Mass Destruction and related means of
delivery.
[[Page 140]]
(c) With respect to its examination under paragraph 2(a) of this
order, the Commission shall:
(i)
specifically evaluate the challenges of obtaining information
regarding the design, development, manufacture, acquisition,
possession, proliferation, transfer, testing, potential or
threatened use, or use of Weapons of Mass Destruction, related means
of delivery, and other related threats of the 21st Century in closed
societies; and
(ii)
compare the Intelligence Community's intelligence concerning
Weapons of Mass Destruction programs and other related threats of
the 21st Century in Libya prior to Libya's recent decision to open
its programs to inter national scrutiny and in Afghanistan prior to
removal of the Taliban government with the current assessments of
organizations examining those programs.
(d) The Commission shall submit to the President by March 31, 2005,
a report of the findings of the Commission resulting from its
examination and its specific recommendations for ensuring that the
Intelligence Community of the United States is sufficiently authorized,
organized, equipped, trained, and resourced to identify and warn in a
timely manner of, and to support United States Government efforts to
respond to, the development and transfer of knowledge, expertise,
technologies, materials, and resources associated with the proliferation
of Weapons of Mass Destruction, related means of delivery, and other
related threats of the 21st Century and their employment by foreign
powers (including terrorists, terrorist organizations, and private
networks, or other entities or individuals). The Central Intelligence
Agency and other components of the Intelligence Community shall utilize
the Commission and its resulting report. Within 90 days of receiving the
Commission's report, the President will consult with the Congress
concerning the Commission's report and recommendations, and will propose
any appropriate legislative recommendations arising out of the findings
of the Commission.
Sec. 3. Membership. The Commission shall consist of up to nine members
appointed by the President, two of whom the President shall designate as
Co-Chairs. Members shall be citizens of the United States. It shall take
two-thirds of the members of the Commission to constitute a quorum.
Sec. 4. Meetings of the Commission and Direction of Its Work. The Co-
Chairs of the Commission shall convene and preside at the meetings of
the Commission, determine after consultation with other members of the
Commission its agenda, direct its work, and assign responsibilities
within the Commission.
Sec. 5. Access to Information. (a) To carry out this order, the
Commission shall have full and complete access to information relevant
to its mission as described in section 2 of this order and in the
possession, custody, or control of any executive department or agency to
the maximum extent permitted by law and consistent with Executive Order
12958 of April 17, 1995, as amended. Heads of departments and agencies
shall promptly furnish such information to the Commission upon request.
The Attorney General and the Director of Central Intelligence shall
ensure the expeditious processing of all appropriate security clearances
necessary for the members of the Commission to fulfill their functions.
(b) Promptly upon commencing its work, the Commission shall adopt,
after consultation with the Secretary of Defense, the Attorney General,
and
[[Page 141]]
the Director of Central Intelligence, rules and procedures of the
Commission for physical, communications, computer, document, personnel,
and other security in relation to the work of the Commission. The
Secretary of Defense, the Attorney General, and the Director of Central
Intelligence shall promptly and jointly report to the President their
judgment whether the security rules and procedures adopted by the
Commission are clearly consistent with the national security and protect
against unauthorized disclosure of information required by law or
executive order to be protected against such disclosure. The President
may at any time modify the security rules or procedures of the
Commission to provide the necessary protection.
Sec. 6. General Provisions. (a) In implementing this order, the
Commission shall solely advise and assist the President.
(b) In performing its functions under this order, the Commission
shall, subject to the authority of the President, be independent from
any executive department or agency, or of any officer, employee, or
agent thereof.
(c) Nothing in this order shall be construed to impair or otherwise
affect the authorities of any department, agency, entity, officer, or
employee of the United States under applicable law.
(d) Nothing in this order shall be construed to impair or otherwise
affect the functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative proposals.
(e) The Director of the Office of Administration shall provide or
arrange for the provision of administrative support and, with the
assistance of the Director of the Office of Management and Budget,
ensure funding for the Commission consistent with applicable law. The
Director of the Office of Administration shall ensure that such support
and funding meets the Commission's reasonable needs and that the manner
of provision of support and funding is consistent with the authority of
the Commission within the executive branch in the performance of its
functions.
(f) Members of the Commission shall serve without compensation for
their work on the Commission. Members who are not officers or employees
in the executive branch, while engaged in the work of the Commission,
may be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently in
Government service (5 U.S.C. 5701 through 5707), consistent with the
availability of funds.
(g) The Commission shall have a staff headed by an Executive
Director. The Co-Chairs shall hire and employ, or obtain by assignment
or detail from departments and agencies, the staff of the Commission,
including the Executive Director.
(h) The term ``Intelligence Community'' is given the same meaning as
contained in section 3(4) of the National Security Act of 1947, as
amended (50 U.S.C. 401a(4)).
(i) The term ``Weapons of Mass Destruction'' is given the same
meaning as contained in section 1403(1) of the Defense Against Weapons
of Mass Destruction Act of 1996 (50 U.S.C. 2302(1)).
Sec. 7. Judicial Review. 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
[[Page 142]]
in equity, against the United States, its departments, agencies, or
other entities, its officers or employees, or any other person.
Sec. 8. Termination. The Commission shall terminate within 60 days after
submitting its report.
George W. Bush
The White House,
February 6, 2004.
Executive Order 13329 of February 24, 2004
Encouraging Innovation in Manufacturing
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Small Business Act,
as amended (15 U.S.C. 631 et seq.), and to help ensure that Federal
agencies properly and effectively assist the private sector in its
manufacturing innovation efforts, it is hereby ordered as follows:
Section 1. Policy. Continued technological innovation is critical to a
strong manufacturing sector in the United States economy. The Federal
Government has an important role, including through the Small Business
Innovation Research (SBIR) and the Small Business Technology Transfer
(STTR) programs, in helping to advance innovation, including innovation
in manufacturing, through small businesses.
Sec. 2. Duties of Department and Agency Heads. The head of each
executive branch department or agency with one or more SBIR programs or
one or more STTR programs shall:
(a) to the extent permitted by law and in a manner consistent with
the mission of that department or agency, give high priority within such
programs to manufacturing-related research and development to advance
the policy set forth in section 1 of this order; and
(b) submit reports annually to the Administrator of the Small
Business Administration and the Director of the Office of Science and
Technology Policy concerning the efforts of such department or agency to
implement subsection 2(a) of this order.
Sec. 3. Duties of Administrator of the Small Business Administration.
The Administrator of the Small Business Administration:
(a) shall establish, after consultation with the Director of the
Office of Science and Technology Policy, formats and schedules for
submission of reports by the heads of departments and agencies under
subsection 2(b) of this order; and
(b) is authorized to issue to departments and agencies guidelines
and directives (in addition to the formats and schedules under
subsection 3(a)) as the Administrator determines from time to time are
necessary to implement subsection 2(a) of this order, after such
guidelines and directives are submitted to the President, through the
Director of the Office of Science and Technology Policy, for approval
and are approved by the President.
Sec. 4. Definitions. As used in this order:
[[Page 143]]
(a) ``Small Business Innovation Research (SBIR) program'' means a
program to which section 9(e)(4) of the Small Business Act (15 U.S.C.
638(e)(4)) refers;
(b) ``Small Business Technology Transfer (STTR) program'' means a
program to which section 9(e)(6) of the Small Business Act (15 U.S.C.
638(e)(6)) refers;
(c) ``research and development'' means an activity set forth in
section 9(e)(5) of the Small Business Act (15 U.S.C. 638(e)(5)); and
(d) ``manufacturing-related'' means relating to: (i) manufacturing
processes, equipment and systems; or (ii) manufacturing workforce skills
and protection.
Sec. 5. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect the authority of the Director of the
Office of Management and Budget with respect to budget, administrative,
or legislative proposals.
(b) Nothing in this order shall be construed to require disclosure
of information the disclosure of which is prohibited by law or by
Executive Order, including Executive Order 12958 of April 17, 1995, as
amended.
(c) This order is intended only to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity, against the United States, its departments, agencies, or other
entities, its officers or employees, or any other person.
George W. Bush
The White House,
February 24, 2004.
Executive Order 13330 of February 24, 2004
Human Service Transportation Coordination
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to enhance access to
transportation to improve mobility, employment opportunities, and access
to community services for persons who are transportation-disadvantaged,
it is hereby ordered as follows:
Section 1. This order is issued consistent with the following findings
and principles:
(a) A strong America depends on citizens who are productive and who
actively participate in the life of their communities.
(b) Transportation plays a critical role in providing access to
employment, medical and health care, education, and other community
services and amenities. The importance of this role is underscored by
the variety of transportation programs that have been created in
conjunction with health and human service programs, and by the
significant Federal investment in accessible public transportation
systems throughout the Nation.
[[Page 144]]
(c) These transportation resources, however, are often difficult for
citizens to understand and access, and are more costly than necessary
due to inconsistent and unnecessary Federal and State program rules and
restrictions.
(d) A broad range of Federal program funding allows for the purchase
or provision of transportation services and resources for persons who
are transportation-disadvantaged. Yet, in too many communities, these
services and resources are fragmented, unused, or altogether
unavailable.
(e) Federally assisted community transportation services should be
seamless, comprehensive, and accessible to those who rely on them for
their lives and livelihoods. For persons with mobility limitations
related to advanced age, persons with disabilities, and persons
struggling for self-sufficiency, transportation within and between our
communities should be as available and affordable as possible.
(f) The development, implementation, and maintenance of responsive,
comprehensive, coordinated community transportation systems is essential
for persons with disabilities, persons with low incomes, and older
adults who rely on such transportation to fully participate in their
communities.
Sec. 2. Definitions. (a) As used in this order, the term ``agency''
means an executive department or agency of the Federal Government.
(b) For the purposes of this order, persons who are transportation-
disadvantaged are persons who qualify for Federally conducted or
Federally assisted transportation-related programs or services due to
disability, income, or advanced age.
Sec. 3. Establishment of the Interagency Transportation Coordinating
Council on Access and Mobility. (a) There is hereby established, within
the Department of Transportation for administrative purposes, the
``Interagency Transportation Coordinating Council on Access and
Mobility'' (``Interagency Transportation Coordinating Council'' or
``Council''). The membership of the Interagency Transportation
Coordinating Council shall consist of:
(i)
the Secretaries of Transportation, Health and Human Services,
Education, Labor, Veterans Affairs, Agriculture, Housing and Urban
Development, and the Interior, the Attorney General, and the
Commissioner of Social Security; and
(ii)
such other Federal officials as the Chairperson of the Council may
designate.
(b) The Secretary of Transportation, or the Secretary's designee,
shall serve as the Chairperson of the Council. The Chairperson shall
convene and preside at meetings of the Council, determine its agenda,
direct its work, and, as appropriate to particular subject matters,
establish and direct subgroups of the Council, which shall consist
exclusively of the Council's members.
(c) A member of the Council may designate any person who is part of
the member's agency and who is an officer appointed by the President or
a full-time employee serving in a position with pay equal to or greater
than the minimum rate payable for GS-15 of the General Schedule to
perform functions of the Council or its subgroups on the member's
behalf.
Sec 4. Functions of the Interagency Transportation Coordinating Council.
The Interagency Transportation Coordinating Council shall:
[[Page 145]]
(a) promote interagency cooperation and the establishment of
appropriate mechanisms to minimize duplication and overlap of Federal
programs and services so that transportation-disadvantaged persons have
access to more transportation services;
(b) facilitate access to the most appropriate, cost-effective
transportation services within existing resources;
(c) encourage enhanced customer access to the variety of
transportation and resources available;
(d) formulate and implement administrative, policy, and procedural
mechanisms that enhance transportation services at all levels; and
(e) develop and implement a method for monitoring progress on
achieving the goals of this order.
Sec. 5. Report. In performing its functions, the Interagency
Transportation Coordinating Council shall present to me a report not
later than 1 calendar year from the date of this order. The report
shall:
(a) Identify those Federal, State, Tribal and local laws,
regulations, procedures, and actions that have proven to be most useful
and appropriate in coordinating transportation services for the targeted
populations;
(b) Identify substantive and procedural requirements of
transportation-related Federal laws and regulations that are duplicative
or restrict the laws' and regulations' most efficient operation;
(c) Describe the results achieved, on an agency and program basis,
in: (i) simplifying access to transportation services for persons with
disabilities, persons with low income, and older adults; (ii) providing
the most appropriate, cost-effective transportation services within
existing resources; and (iii) reducing duplication to make funds
available for more services to more such persons;
(d) Provide recommendations to simplify and coordinate applicable
substantive, procedural, and administrative requirements; and
(e) Provide any other recommendations that would, in the judgment of
the Council, advance the principles set forth in section 1 of this
order.
Sec. 6. General. (a) Agencies shall assist the Interagency
Transportation Coordinating Council and provide information to the
Council consistent with applicable law as may be necessary to carry out
its functions. To the extent permitted by law, and as permitted by
available agency resources, the Department of Transportation shall
provide funding and administrative support for the Council.
(b) Nothing in this order shall be construed to impair or otherwise
affect the functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by a
[[Page 146]]
party against the United States, its departments, agencies,
instrumentalities or entities, its officers or employees, or any other
person.
George W. Bush
The White House,
February 24, 2004.
Executive Order 13331 of February 27, 2004
National and Community Service Programs
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to strengthen the ability of
programs authorized under the national service laws to build and
reinforce a culture of service, citizenship, and responsibility
throughout our Nation, and to institute reforms to improve
accountability and efficiency in the administration of those programs,
it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ``National service laws'' means the National and Community
Service Act of 1990 (42 U.S.C. 12501 et seq.) and the Domestic Volunteer
Service Act of 1973 (42 U.S.C. 4950 et seq.);
(b) ``National and community service programs'' means those programs
authorized under the national service laws;
(c) ``Policies governing programs authorized under the national
service laws'' refers to all policies, programs, guidelines, and
regulations, including official guidance and internal agency procedures
and practices, that are issued by the Corporation for National and
Community Service (Corporation) and have significant effects on national
and community service programs; and
(d) ``Professional corps programs'' means those programs described
in section 122(a)(8) of the National and Community Service Act of 1990
(42 U.S.C. 12572(a)(8)).
Sec. 2. Fundamental Principles and Policymaking Criteria. In formulating
and implementing policies governing programs authorized under the
national service laws, the Corporation shall, to the extent permitted by
law, adhere to the following fundamental principles:
(a) National and community service programs should support and
encourage greater engagement of Americans in volunteering;
(b) National and community service programs should be more
responsive to State and local needs;
(c) National and community service programs should make Federal
support more accountable and more effective; and
(d) National and community service programs should expand
opportunities for involvement of faith-based and other community
organizations.
Sec. 3. Agency Implementation. (a) The Chief Executive Officer of the
Corporation for National and Community Service (Chief Executive Officer)
shall, in coordination with the USA Freedom Corps Council, review and
[[Page 147]]
evaluate existing policies governing national and community service
programs in order to assess the consistency of such policies with the
fundamental principles and policymaking criteria described in section 2
of this order.
(b) The Chief Executive Officer shall ensure that all policies
governing national and community service programs issued by the
Corporation are consistent with the fundamental principles and
policymaking criteria described in section 2 of this order. To that end,
the Chief Executive Officer shall, to the extent permitted by law,
(i)
amend all such existing policies to ensure that they are consistent
with the fundamental principles and policymaking criteria
articulated in section 2 of this order; and
(ii)
where appropriate, implement new policies that are consistent with
and necessary to further the fundamental principles and policymaking
criteria set forth in section 2 of this order.
(c) In developing implementation steps, the Chief Executive Officer
should address, at a minimum, the following objectives:
(i)
National and community service programs should leverage Federal
resources to maximize support from the private sector and from State
and local governments, with an emphasis on reforms that enhance
programmatic flexibility, reduce administrative burdens, and
calibrate Federal assistance to the respective needs of recipient
organizations;
(ii)
National and community service programs should leverage Federal
resources to enable the recruitment and effective management of a
larger number of volunteers than is currently possible;
(iii)
National and community service programs should increase efforts to
expand opportunities for, and strengthen the capacity of, faith-
based and other community organizations in building and
strengthening an infrastructure to support volunteers that meet
community needs;
(iv)
National and community service programs should adopt performance
measures to identify those practices that merit replication and
further investment, as well as to ensure accountability;
(v)
National and community service programs should, consistent with the
principles of Federalism and the constitutional role of the States
and Indian tribes, promote innovation, flexibility, and results at
all levels of government;
(vi)
National and community service programs based in schools should
employ tutors who meet required paraprofessional qualifications, and
use such practices and methodologies as are required for
supplemental educational services;
(vii)
National and community service programs should foster a lifetime of
citizenship and civic engagement among those who serve;
(viii)
National and community service programs should avoid or eliminate
practices that displace volunteers who are not supported under the
national service laws; and
(ix)
Guidelines for the selection of national and community service
programs should recognize the importance of professional corps
programs in light of the fundamental principles and policymaking
criteria set forth in this order.
[[Page 148]]
Sec. 4. Management Reforms. (a) The Corporation should implement
internal management reforms to strengthen its oversight of national and
community service programs through enforcement of performance and
compliance standards and other management tools.
(b) Management reforms should include, but should not be limited to,
the following:
(i)
Institutionalized changes to the budgetary and grant-making
processes to ensure that financial commitments remain within
available resources;
(ii)
Enhanced accounting and management systems that would ensure
compliance with fiscal restrictions and provide timely, accurate,
and readily available information about enrollment in AmeriCorps and
about funding and obligations incurred for all national and
community service programs;
(iii)
Assurance by the Chief Executive Officer and the Chief Financial
Officer in the Corporation's Management Representation Letter that
its financial statements, including the Statement of Budgetary
Resources, are accurate and reliable; and
(iv)
Management reforms that tie employee performance to fiscal
responsibility, attainment of management goals, and professional
conduct.
Sec. 5. Report. Within 180 days after the date of this order, the Chief
Executive Officer shall report to the President, through the Assistant
to the President and Director of the USA Freedom Corps Office, the
actions the Corporation proposes to undertake to accomplish the
objectives set forth in this order.
Sec. 6. Judicial Review. This order is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable at
law or in equity by a party against the United States, its departments,
agencies, or other entities, its officers or employees, or any other
person.
George W. Bush
The White House,
February 27, 2004.
Executive Order 13332 of March 3, 2004
Further Adjustment of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto
and made a part hereof:
(a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1;
(b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and
[[Page 149]]
(c) The schedules for the Veterans Health Administration of the
Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of
Public Law 102-40) at Schedule 3.
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for
senior executives in the Senior Executive Service, as established
pursuant to 5 U.S.C. 5382, as amended by section 1125 of Public Law 108-
136, are set forth on Schedule 4 attached hereto and made a part hereof.
Sec. 3. Executive and Certain Other Salaries. The rates of basic pay or
salaries for the following offices and positions are set forth on the
schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5311-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a),
section 140 of Public Law 97-92, and Public Law 108-167) at Schedule 7.
Sec. 4. Uniformed Services. Pursuant to section 601(a)-(b) of Public Law
108-136, the rates of monthly basic pay (37 U.S.C. 203) for members of
the uniformed services, as adjusted under 37 U.S.C. 1009, and the rate
of monthly cadet or midshipman pay 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 640(a) of Division F of Public Law 108-199,
locality-based comparability payments shall be paid in accordance with
Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take
such actions as may be necessary to implement these payments and to
publish appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of pay for administrative
law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on
Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2004. The
other schedules contained herein are effective on the first day of the
first pay period beginning on or after January 1, 2004.
Sec. 8. Prior Order Superseded. Executive Order 13322 of December 30,
2003, is superseded.
George W. Bush
The White House,
March 3, 2004.
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Executive Order 13333 of March 18, 2004
Amending Executive Order 13257 To Implement the Trafficking Victims
Protection Reauthorization Act of 2003
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Trafficking Victims
Protection Act of 2000 (22 U.S.C. 7101 et seq.) (the ``Act''), as
amended by the Trafficking Victims Protection Reauthorization Act of
2003 (Public Law 108-193), and section 301 of title 3, United States
Code, it is hereby ordered that Executive Order 13257 of February 13,
2002, is amended as follows:
Section 1. The preamble is amended by: (a) deleting ``7103'' and
inserting in lieu thereof ``7101 et seq.''; and (b) after the phrase
``(the ``Act''),'' inserting ``and section 301 of title 3, United States
Code,''.
Sec. 2. Section 4 is redesignated as section 8.
Sec. 3. After section 3, the following new sections are added:
``Sec. 4. Guidelines, Policies, and Regulations. (a) The Senior Policy
Operating Group (SPOG), described in subsection 105(f) of the Act, shall
(i) establish guidelines and policies to coordinate the activities of
executive branch departments and agencies regarding policies (including
grants and grant policies) involving the international trafficking in
persons and (ii) advise the Secretary of State what regulations may be
necessary to implement section 105 of the Act, including such
regulations as may be necessary to carry out the sharing of information
on all matters relating to grants, grant policies, or other significant
actions regarding the international trafficking in persons as set forth
in subsection 105(f)(4) of the Act, to the extent permitted by law.
(b) The Secretary of State, in consultation with the members of the
Task Force or their representatives, shall promulgate regulations to
implement section 105 of the Act.
Sec. 5. Enhanced Prevention of Trafficking in Persons. (a) The Secretary
of State, in consultation with the members of the Task Force or their
representatives, shall carry out the functions under subsection 106(c)
and subsection 106(d) of the Act.
(b) The Secretary of State shall have the authority to determine,
under section 106(e)(1) of the Act, foreign destinations where sex
tourism is significant. The Secretary of Homeland Security, in
consultation with the members of the Task Force or their representatives
and appropriate officials of the Departments of Commerce and
Transportation, shall carry out all other functions under subsection
106(e) of the Act, including promulgation of any appropriate regulations
relating to the distribution of the materials described in subsection
106(e).
(c) The head of each executive branch agency responsible for the
establishment and conduct of initiatives and programs described in
subsections 106(a) through (e) of the Act shall consult with appropriate
nongovernmental organizations consistent with section 106(f) of the Act.
(d) The Secretary of State shall have responsibility to initiate
appropriate regulatory implementation of the requirements set out in
section 106(g) of
[[Page 159]]
the Act with respect to contracts, including proposing appropriate
amendments to the Federal Acquisition Regulation. Each affected
executive branch department or agency shall implement, within that
department or agency, the requirements set out in section 106(g) of the
Act with respect to grants and cooperative agreements.
Sec. 6. Research on Trafficking in Persons. The entities named in
section 112A of the Act shall carry out the research initiatives
required by section 112A of the Act, and shall award grants according to
such policies and guidelines as may be established by the SPOG described
in section 105(f) of the Act, as well as any applicable agency rules and
regulations.
Sec. 7. Guidance for Exercising Authority and Performing Duties. In
exercising authority delegated by, or performing functions assigned in,
this order, officers of the United States shall ensure that all actions
taken by them are consistent with the President's constitutional
authority to:
(a)
conduct the foreign affairs of the United States;
(b)
withhold information the disclosure of which could impair the
foreign relations, the national security, the deliberative processes
of the Executive, or the performance of the Executive's
constitutional duties;
(c)
recommend for congressional consideration such measures as the
President may judge necessary or expedient; and
(d)
supervise the unitary Executive Branch.''
Sec. 4. Judicial Review. This order is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable at
law or in equity, by a party against the United States, its departments,
agencies, entities, officers, employees or agents, or any other person.
George W. Bush
The White House,
March 18, 2004.
Executive Order 13334 of April 10, 2004
Establishing an Emergency Board To Investigate a Dispute Between the
Southeastern Pennsylvania Transportation Authority and its Conductors
Represented by the United Transportation Union
A dispute exists between the Southeastern Pennsylvania Transportation
Authority, and its conductors represented by the United Transportation
Union.
The dispute has not heretofore been adjusted under the provisions of the
Railway Labor Act, as amended, 45 U.S.C. 151-188 (the ``Act'').
A party empowered by the Act has requested that the President establish
an emergency board pursuant to section 9A of the Act (45 U.S.C. 159a).
Section 9A(c) of the Act provides that the President, upon such request,
shall appoint an emergency board to investigate and report on the
dispute.
[[Page 160]]
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the Act, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (``Board''). There is
established, effective April 12, 2004, a Board of three members to be
appointed by the President to investigate and report on this dispute. No
member shall be pecuniarily or otherwise interested in any organization
of railroad employees or any carrier. The Board shall perform its
functions subject to the availability of funds.
Sec. 2. Report. The Board shall report to the President with respect to
this dispute within 30 days of its creation.
Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the Act,
from the date of the creation of the Board and for 120 days thereafter,
no change in theconditions out of which the dispute arose shall be made
by the parties to the controversy, except by agreement of the parties.
Sec. 4. Records Maintenance. The records and files of the Board are
records of the Office of the President and upon the Board's termination
shall be maintained in the physical custody of the National Mediation
Board.
Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
George W. Bush
The White House,
April 10, 2004.
Executive Order 13335 of April 27, 2004
Incentives for the Use of Health Information Technology and Establishing
the Position of the National Health Information Technology Coordinator
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to provide leadership for the
development and nationwide implementation of an interoperable health
information technology infrastructure to improve the quality and
efficiency of health care, it is hereby ordered as follows:
Section 1. Establishment. (a) The Secretary of Health and Human Services
(Secretary) shall establish within the Office of the Secretary the
position of National Health Information Technology Coordinator.
(b) The National Health Information Technology Coordinator (National
Coordinator), appointed by the Secretary in consultation with the
President or his designee, will report directly to the Secretary.
(c) The Secretary shall provide the National Coordinator with
appropriate staff, administrative support, and other resources to meet
its responsibilities under this order.
(d) The Secretary shall ensure that the National Coordinator begins
operations within 90 days of the date of this order.
[[Page 161]]
Sec. 2. Policy. In fulfilling its responsibilities, the work of the
National Coordinator shall be consistent with a vision of developing a
nationwide interoperable health information technology infrastructure
that:
(a) Ensures that appropriate information to guide medical decisions
is available at the time and place of care;
(b) Improves health care quality, reduces medical errors, and
advances the delivery of appropriate, evidence-based medical care;
(c) Reduces health care costs resulting from inefficiency, medical
errors, inappropriate care, and incomplete information;
(d) Promotes a more effective marketplace, greater competition, and
increased choice through the wider availability of accurate information
on health care costs, quality, and outcomes;
(e) Improves the coordination of care and information among
hospitals, laboratories, physician offices, and other ambulatory care
providers through an effective infrastructure for the secure and
authorized exchange of health care information; and
(f) Ensures that patients' individually identifiable health
information is secure and protected.
Sec. 3. Responsibilities of the National Health Information Technology
Coordinator. (a) The National Coordinator shall, to the extent permitted
by law, develop, maintain, and direct the implementation of a strategic
plan to guide the nationwide implementation of interoperable health
information technology in both the public and private health care
sectors that will reduce medical errors, improve quality, and produce
greater value for health care expenditures. The National Coordinator
shall report to the Secretary regarding progress on the development and
implementation of the strategic plan within 90 days after the National
Coordinator begins operations and periodically thereafter. The plan
shall:
(i)
Advance the development, adoption, and implementation of health
care information technology standards nationally through
collaboration among public and private interests, and consistent
with current efforts to set health information technology standards
for use by the Federal Government;
(ii)
Ensure that key technical, scientific, economic, and other issues
affecting the public and private adoption of health information
technology are addressed;
(iii)
Evaluate evidence on the benefits and costs of interoperable health
information technology and assess to whom these benefits and costs
accrue;
(iv)
Address privacy and security issues related to interoperable health
information technology and recommend methods to ensure appropriate
authorization, authentication, and encryption of data for
transmission over the Internet;
(v)
Not assume or rely upon additional Federal resources or spending to
accomplish adoption of interoperable health information technology;
and
(vi)
Include measurable outcome goals.
(b) The National Coordinator shall:
[[Page 162]]
(i)
Serve as the Secretary's principal advisor on the development,
application, and use of health information technology, and direct
the Department of Health and Human Service's health information
technology programs;
(ii)
Ensure that health information technology policy and programs of
the Department of Health and Human Services (HHS) are coordinated
with those of relevant executive branch agencies (including Federal
commissions) with a goal of avoiding duplication of efforts and of
helping to ensure that each agency undertakes activities primarily
within the areas of its greatest expertise and technical capability;
(iii)
To the extent permitted by law, coordinate outreach and
consultation by the relevant executive branch agencies (including
Federal commissions) with public and private parties of interest,
including consumers, providers, payers, and administrators; and
(iv)
At the request of the Office of Management and Budget, provide
comments and advice regarding specific Federal health information
technology programs.
Sec. 4. Reports. To facilitate the development of interoperable health
information technologies, the Secretary of Health and Human Services
shall report to the President within 90 days of this order on options to
provide incentives in HHS programs that will promote the adoption of
interoperable health information technology. In addition, the following
reports shall be submitted to the President through the Secretary:
(a) The Director of the Office of Personnel Management shall report
within 90 days of this order on options to provide incentives in the
Federal Employee Health Benefit Program that will promote the adoption
of interoperable health information technology; and
(b) Within 90 days, the Secretary of Veterans Affairs and the
Secretary of Defense shall jointly report on the approaches the
Departments could take to work more actively with the private sector to
make their health information systems available as an affordable option
for providers in rural and medically underserved communities.
Sec. 5. Administration and Judicial Review. (a) The actions directed by
this order shall be carried out subject to the availability of
appropriations and to the extent permitted by law.
(b) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity
against the United States, its agencies, its entities or
instrumentalities, its officers or employees, or any other person.
George W. Bush
The White House,
April 27, 2004.
[[Page 163]]
Executive Order 13336 of April 30, 2004
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, and to recognize the unique
educational and culturally related academic needs of American Indian and
Alaska Native students consistent with the unique political and legal
relationship of the Federal Government with tribal governments, it is
hereby ordered as follows:
Section 1. Purpose. The United States has a unique legal relationship
with Indian tribes and a special relationship with Alaska Native
entities as provided in the Constitution of the United States, treaties,
and Federal statutes. This Administration is committed to continuing to
work with these Federally recognized tribal governments on a government-
to-government basis, and supports tribal sovereignty and self-
determination. It is the purpose of this order to assist American Indian
and Alaska Native students in meeting the challenging student academic
standards of the No Child Left Behind Act of 2001 (Public Law 107-110)
in a manner that is consistent with tribal traditions, languages, and
cultures. This order builds on the innovations, reforms, and high
standards of the No Child Left Behind Act of 2001, including: stronger
accountability for results; greater flexibility in the use of Federal
funds; more choices for parents; and an emphasis on research-based
instruction that works.
Sec. 2. Interagency Working Group. There is established an Interagency
Working Group on American Indian and Alaska Native Education (Working
Group) to oversee the implementation of this order.
(a) The Working Group's members shall consist exclusively of the
heads of the executive branch departments, agencies, or offices listed
below:
(i)
the Department of Education;
(ii)
the Department of the Interior;
(iii)
the Department of Health and Human Services;
(iv)
the Department of Agriculture;
(v)
the Department of Justice;
(vi)
the Department of Labor; and
(vii)
such other executive branch departments, agencies, or offices as
the Co-Chairs of the Working Group may designate.
A member of the Working Group may designate, to perform the Working
Group functions of the member, an employee of the member's department,
agency, or office who is either an officer of the United States
appointed by the President, or a full-time employee serving in a
position with pay equal to or greater than the minimum rate payable for
GS-15 of the General Schedule. The Working Group shall be led by the
Secretaries of Education and the Interior, or their designees under this
section, who shall serve as Co-Chairs.
(b) The function of the Working Group is to oversee the
implementation of this order. The Working Group shall, within 90 days of
the date of this order, develop a Federal interagency plan that
recommends initiatives, strategies, and ideas for future interagency
actions that promote the purpose, as stated in section 1, of this order.
In carrying out its activities under
[[Page 164]]
this order, the Working Group may consult with representatives of
American Indian and Alaska Native tribes and organizations, in
conformity with Executive Order 13175 of November 6, 2000, and with the
National Advisory Council on Indian Education (NACIE). Any such
consultations shall be for the purpose of obtaining information and
advice concerning American Indian and Alaska Native education and shall
be conducted in a manner that seeks individual advice and does not
involve collective judgment or consensus advice or deliberation.
Sec. 3. Study and Report. The Secretary of Education, in coordination
with the Working Group, shall conduct a multi-year study of American
Indian and Alaska Native education with the purpose of improving
American Indian and Alaska Native students' ability to meet the
challenging student academic standards of the No Child Left Behind Act
of 2001.
(a) The study shall include, but not be limited to:
(i)
the compilation of comprehensive data on the academic achievement
and progress of American Indian and Alaska Native students toward
meeting the challenging student academic standards of the No Child
Left Behind Act of 2001;
(ii)
identification and dissemination of research-based practices and
proven methods in raising academic achievement and, in particular,
reading achievement, of American Indian and Alaska Native students;
(iii)
assessment of the impact and role of native language and culture on
the development of educational strategies to improve academic
achievement;
(iv)
development of methods to strengthen early childhood education so
that American Indian and Alaska Native students enter school ready
to learn; and
(v)
development of methods to increase the high school graduation rate
and develop pathways to college and the workplace for American
Indian and Alaska Native students.
The Secretary of Education shall develop an agenda, including
proposed timelines and ongoing activities, for the conduct of the study,
and shall make that agenda available to the public on the Internet.
(b) The Secretary of Education, in coordination with the Working
Group, shall issue a report to the President that shall:
(i)
provide the latest data available from the study;
(ii)
comprehensively describe the educational status and progress of
American Indian and Alaska Native students with respect to meeting
the goals outlined in the No Child Left Behind Act of 2001 and any
other student achievement goals the Secretary of Education or the
Secretary of the Interior may deem necessary;
(iii)
report on proven methods for improving American Indian and Alaska
Native student academic achievement; and
(iv)
update the Federal interagency plan outlined in section 2(b) of
this order.
Sec. 4. Enhancement of Research Capabilities of Tribal-Level Educational
Institutions. The Secretary of Education and the Secretary of the
Interior shall consult with the entities set forth in section 2(a) of
this order and tribally controlled colleges and universities to seek
ways to develop and enhance the capacity of tribal governments, tribal
universities and colleges,
[[Page 165]]
and schools and educational programs serving American Indian and Alaska
Native students and communities to carry out, disseminate, and implement
education research, as well as to develop related partnerships or
collaborations with non-tribal universities, colleges, and research
organizations.
Sec. 5. National Conference. The Secretary of Education and the
Secretary of the Interior, in collaboration with the Working Group and
Federal, State, tribal, and local government representatives, shall
jointly convene a forum on the No Child Left Behind Act of 2001 to
identify means to enhance communication, collaboration, and cooperative
strategies to improve the education of American Indian and Alaska Native
students attending Federal, State, tribal, and local schools.
Sec. 6. Administration. The Department of Education shall provide
appropriate administrative services and staff support to the Working
Group. With the consent of the Department of Education, other
participating agencies may provide administrative support to the Working
Group, to the extent permitted by law and consistent with their
statutory authority.
Sec. 7. Termination. The Working Group established under section 2 of
this order shall terminate not later than 5 years from the date of this
order, unless extended by the President.
Sec. 8. Consultation. The Secretary of Education and Secretary of the
Interior shall consult the Attorney General as appropriate on the
implementation of this order, to ensure that such implementation affords
the equal protection of the laws required by the due process clause of
the Fifth Amendment to the Constitution.
Sec. 9. 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) Executive Order 13096 of August 6, 1998, is revoked.
George W. Bush
The White House,
April 30, 2004.
Executive Order 13337 of April 30, 2004
Issuance of Permits With Respect to Certain Energy-Related Facilities
and Land Transportation Crossings on the International Boundaries of the
United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, and in order to amend Executive Order 11423 of
August 16, 1968, as amended, and to further the policy of my
Administration as stated
[[Page 166]]
in Executive Order 13212 of May 18, 2001, as amended, to expedite
reviews of permits as necessary to accelerate the completion of energy
production and transmission projects, and to provide a systematic method
for evaluating and permitting the construction and maintenance of
certain border crossings for land transportation, including motor and
rail vehicles, that do not require construction or maintenance of
facilities connecting the United States with a foreign country, while
maintaining safety, public health, and environmental protections, it is
hereby ordered as follows:
Section 1. (a) Except with respect to facilities covered by Executive
Order 10485 of September 3, 1953, and Executive Order 10530 of May 10,
1954, the Secretary of State is hereby designated and empowered to
receive all applications for Presidential permits, as referred to in
Executive Order 11423, as amended, for the construction, connection,
operation, or maintenance, at the borders of the United States, of
facilities for the exportation or importation of petroleum, petroleum
products, coal, or other fuels to or from a foreign country.
(b) Upon receipt of a completed application pursuant to paragraph
(a) of this section, the Secretary of State shall:
(i)
Request additional information needed from the applicant, as
appropriate, before referring the application to other agencies
pursuant to paragraph (b)(ii) of this section;
(ii)
Refer the application and pertinent information to, and request the
views of, the Secretary of Defense, the Attorney General, the
Secretary of the Interior, the Secretary of Commerce, the Secretary
of Transportation, the Secretary of Energy, the Secretary of
Homeland Security, the Administrator of the Environmental Protection
Agency, or the heads of the departments or agencies in which the
relevant authorities or responsibilities of the foregoing are
subsequently conferred or transferred, and, for applications
concerning the border with Mexico, the United States Commissioner of
the International Boundary and Water Commission; and
(iii)
Refer the application and pertinent information to, and request the
views of, such other Federal Government department and agency heads
as the Secretary of State deems appropriate.
(c) All Federal Government officials consulted by the Secretary of
State pursuant to paragraph (b)(ii) or (b)(iii) of this section shall
provide their views and render such assistance as may be requested,
consistent with their authority, in a timely manner, but not to exceed
90 days from the date of the request.
(d) Should any of the Federal Government officials consulted
pursuant to paragraph (b)(ii) or (b)(iii) of this section request from
the Department of State additional information that is necessary for
them to provide their views or to render such assistance as may be
required, the time elapsed between the date of that request for
additional information and the date such additional information is
received shall not be counted in calculating the time period prescribed
in paragraph (c) of this section.
(e) The Secretary of State may also consult with such State, tribal,
and local government officials and foreign governments, as the Secretary
deems appropriate, with respect to each application. The Secretary shall
solicit responses in a timely manner, not to exceed 90 days from the
date of the request.
[[Page 167]]
(f) Upon receiving the views and assistance requested pursuant to
paragraphs (b) and (e) of this section, the Secretary of State shall
consider, in light of any statutory or other requirements or other
considerations, whether or not additional information is needed in order
to evaluate the application and, as appropriate, request such
information from the applicant.
(g) After consideration of the views and assistance obtained
pursuant to paragraphs (b) and, as appropriate, (e) and (f) of this
section and any public comments submitted pursuant to section 3(a) of
this order, if the Secretary of State finds that issuance of a permit to
the applicant would serve the national interest, the Secretary shall
prepare a permit, in such form and with such terms and conditions as the
national interest may in the Secretary's judgment require, and shall
notify the officials required to be consulted under paragraph (b)(ii) of
this section of the proposed determination that a permit be issued.
(h) After consideration of the views obtained pursuant to paragraphs
(b) and, as appropriate, (e) and (f) of this section and any public
comments provided pursuant to section 3(a) of this order, if the
Secretary of State finds that issuance of a permit to the applicant
would not serve the national interest, the Secretary shall notify the
officials required to be consulted under paragraph (b)(ii) of this
section of the proposed determination that the application be denied.
(i) The Secretary of State shall issue or deny the permit in
accordance with the proposed determination unless, within 15 days after
notification pursuant to paragraphs (g) or (h) of this section, an
official required to be consulted under paragraph (b)(ii) of this
section shall notify the Secretary of State that he or she disagrees
with the Secretary's proposed determination and requests the Secretary
to refer the application to the President. In the event of such a
request, the Secretary of State shall consult with any such requesting
official and, if necessary, shall refer the application, together with
statements of the views of any official involved, to the President for
consideration and a final decision.
Sec. 2. (a) Section 1(a) of Executive Order 11423, as amended, is
amended to read as follows: ``Except with respect to facilities covered
by Executive Order Nos. 10485 and 10530, and by section 1(a) of the
Executive Order of April 30, 2004, entitled ``Issuance of Permits with
Respect to Certain Energy-Related Facilities and Land Transportation
Crossings on the International Boundaries of the United States'' (the
order of April 30, 2004), the Secretary of State is hereby designated
and empowered to receive all applications for Presidential permits for
the construction, connection, operation, or maintenance, at the borders
of the United States, of:
(i)
pipelines, conveyor belts, and similar facilities for the
exportation or importation of all products, except those specified
in section 1(a) of the order of April 30, 2004, to or from a foreign
country;
(ii)
facilities for the exportation or importation of water or sewage to
or from a foreign country;
(iii)
facilities for the transportation of persons or things, or both, to
or from a foreign country;
(iv)
bridges, to the extent that congressional authorization is not
required;
(v)
similar facilities above or below ground; and
[[Page 168]]
(vi)
border crossings for land transportation, including motor and rail
vehicles, to or from a foreign country, whether or not in
conjunction with the facilities identified in (iii) above.
(b) Section 1(b) of Executive Order 11423, as amended, is amended by
deleting the text ``(a)(iii), (iv), or (v)'' and by inserting the text
``(a)(iii), (iv), (v), or (vi)'' in lieu thereof.
Sec. 3. (a) The Secretary of State may provide for the publication in
the Federal Register of notice of receipt of applications, for the
receipt of public comments on applications, and for notices related to
the issuance or denial of applications.
(b) The Secretary of State is authorized to issue such further rules
and regulations, and to prescribe such further procedures, including,
but not limited to, those relating to the International Boundary and
Water Commission, as may from time to time be deemed necessary or
desirable for the exercise of the authority conferred by this order.
Sec. 4. All permits heretofore issued with respect to facilities
described in section 2(a) of this order pursuant to Executive Order
11423, as amended, and in force at the time of issuance of this order,
and all permits issued hereunder, shall remain in effect in accordance
with their terms unless and until modified, amended, suspended, or
revoked by the appropriate authority.
Sec. 5. Nothing contained in this order shall be construed to affect the
authority of any department or agency of the United States Government,
or to supersede or replace the requirements established under any other
provision of law, or to relieve a person from any requirement to obtain
authorization from any other department or agency of the United States
Government in compliance with applicable laws and regulations subject to
the jurisdiction of that department or agency.
Sec. 6. This order is not intended to, and does not, create any right,
benefit, or trust responsibility, substantive or procedural, enforceable
at law or in equity by any party against the United States, its
departments, agencies, instrumentalities, or entities, its officers or
employees, or any other person.
George W. Bush
The White House,
April 30, 2004.
Executive Order 13338 of May 11, 2004
Blocking Property of Certain Persons and Prohibiting the Export of
Certain Goods to Syria
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the
National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), the Syria
Accountability and Lebanese Sovereignty Restoration Act of 2003, Public
Law 108-175 (SAA), and section 301 of title 3, United States Code,
[[Page 169]]
I, GEORGE W. BUSH, President of the United States of America, hereby
determine that the actions of the Government of Syria in supporting
terrorism, continuing its occupation of Lebanon, pursuing weapons of
mass destruction and missile programs, and undermining United States and
international efforts with respect to the stabilization and
reconstruction of Iraq constitute an unusual and extraordinary threat to
the national security, foreign policy, and economy of the United States
and hereby declare a national emergency to deal with that threat. To
address that threat, and to implement the SAA, I hereby order the
following:
Section 1. (a) The Secretary of State shall not permit the exportation
or reexportation to Syria of any item on the United States Munitions
List (22 C.F.R. part 121).
(b) Except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to the provisions of
this order in a manner consistent with the SAA, and notwithstanding any
license, permit, or authorization granted prior to the effective date of
this order, (i) the Secretary of Commerce shall not permit the
exportation or reexportation to Syria of any item on the Commerce
Control List (15 C.F.R. part 774); and (ii) with the exception of food
and medicine, the Secretary of Commerce shall not permit the exportation
or reexportation to Syria of any product of the United States not
included in section 1(b)(i) of this order.
(c) No other agency of the United States Government shall permit the
exportation or reexportation to Syria of any product of the United
States, except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to this order in a
manner consistent with the SAA, and notwithstanding any license, permit,
or authorization granted prior to the effective date of this order.
Sec. 2. The Secretary of Transportation shall not permit any air carrier
owned or controlled by Syria to provide foreign air transportation as
defined in 49 U.S.C. 40102(a)(23), except that he may, to the extent
consistent with Department of Transportation regulations, permit such
carriers to charter aircraft to the Government of Syria for the
transport of Syrian government officials to and from the United States
on official Syrian government business. In addition, the Secretary of
Transportation shall prohibit all takeoffs and landings in the United
States, other than those associated with an emergency, by any such air
carrier when engaged in scheduled international air services.
Sec. 3. (a) Except to the extent provided in section 203(b)(1), (3), and
(4) of the IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and the Trade
Sanctions Reform and Export Enhancement Act of 2000 (title IX, Public
Law 106-387) (TSRA), or regulations, orders, directives, or licenses
that may be issued pursuant to this order, and notwithstanding any
contract entered into or any license or permit granted prior to the
effective date of this order, all property and interests in property of
the following persons, that are in the United States, that hereafter
come within the United States, or that are or hereafter come within the
possession or control of United States persons, including their overseas
branches, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in: persons who are determined by the
Secretary of the Treasury, in consultation with the Secretary of State,
[[Page 170]]
(i)
to be or to have been directing or otherwise significantly
contributing to the Government of Syria's provision of safe haven to
or other support for any person whose property or interests in
property are blocked under United States law for terrorism-related
reasons, including, but not limited to, Hamas, Hizballah,
Palestinian Islamic Jihad, the Popular Front for the Liberation of
Palestine, the Popular Front for the Liberation of Palestine-General
Command, and any persons designated pursuant to Executive Order
13224 of September 23, 2001;
(ii)
to be or to have been directing or otherwise significantly
contributing to the Government of Syria's military or security
presence in Lebanon;
(iii)
to be or to have been directing or otherwise significantly
contributing to the Government of Syria's pursuit of the development
and production of chemical, biological, or nuclear weapons and
medium- and long-range surface-to-surface missiles;
(iv)
to be or to have been directing or otherwise significantly
contributing to any steps taken by the Government of Syria to
undermine United States and international efforts with respect to
the stabilization and reconstruction of Iraq; or
(v)
to be owned or controlled by, or acting or purporting to act for or
on behalf of, directly or indirectly, any person whose property or
interests in property are blocked pursuant to this order.
(b) The prohibitions in paragraph (a) of this section include, but
are not limited to, (i) the making of any contribution of funds, goods,
or services by, to, or for the benefit of any person whose property or
interests in property are blocked pursuant to this order; and (ii) the
receipt of any contribution or provision of funds, goods, or services
from any such person.
Sec. 4. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate the prohibitions set forth in
this order is prohibited.
Sec. 5. I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of the IEEPA (50 U.S.C.
1702(b)(2)) would seriously impair the ability to deal with the national
emergency declared in this order, and hereby prohibit, (i) the
exportation or reexportation of such donated articles to Syria as
provided in section 1(b) of this order; and (ii) the making of such
donations by, to, or for the benefit of any person whose property and
interests in property are blocked pursuant to section 3 of this order.
Sec. 6. For purposes of this order:
(a) the term ``person'' means an individual or entity;
(b) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(c) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States;
[[Page 171]]
(d) the term ``Government of Syria'' means the Government of the
Syrian Arab Republic, its agencies, instrumentalities, and controlled
entities; and
(e) the term ``product of the United States'' means: for the
purposes of subsection 1(b), any item subject to the Export
Administration Regulations (15 C.F.R. parts 730-774); and for the
purposes of subsection 1(c), any item subject to the export licensing
jurisdiction of any other United States Government agency.
Sec. 7. With respect to the prohibitions contained in section 1 of this
order, consistent with subsection 5(b) of the SAA, I hereby determine
that it is in the national security interest of the United States to
waive, and hereby waive application of subsection 5(a)(1) and subsection
5(a)(2)(A) of the SAA so as to permit the exportation or reexportation
of certain items as specified in the Department of Commerce's General
Order No. 2 to Supplement No. 1, 15 C.F.R. part 736, as issued
consistent with this order and as may be amended pursuant to the
provisions of this order and in a manner consistent with the SAA. This
waiver is made pursuant to the SAA only to the extent that regulation of
such exports or reexports would not otherwise fall within my
constitutional authority to conduct the Nation's foreign affairs and
protect national security.
Sec. 8. With respect to the prohibitions contained in section 2 of this
order, consistent with subsection 5(b) of the SAA, I hereby determine
that it is in the national security interest of the United States to
waive, and hereby waive, application of subsection 5(a)(2)(D) of the SAA
insofar as it pertains to: aircraft of any air carrier owned or
controlled by Syria chartered by the Syrian government for the transport
of Syrian government officials to and from the United States on official
Syrian government business, to the extent consistent with Department of
Transportation regulations; takeoffs or landings for non-traffic stops
of aircraft of any such air carrier that is not engaged in scheduled
international air services; takeoffs and landings associated with an
emergency; and overflights of United States territory.
Sec. 9. I hereby direct the Secretary of State to take such actions,
including the promulgation of rules and regulations, as may be necessary
to carry out subsection 1(a) of this order. I hereby direct the
Secretary of Commerce, in consultation with the Secretary of State, to
take such actions, including the promulgation of rules and regulations,
as may be necessary to carry out subsection 1(b) of this order. I direct
the Secretary of Transportation, in consultation with the Secretary of
State, to take such actions, including the promulgation of rules and
regulations, as may be necessary to carry out section 2 of this order.
The Secretary of the Treasury, in consultation with the Secretary of
State, is hereby authorized to take such actions, including the
promulgation of rules and regulations, and to employ all powers granted
to the President by the IEEPA as may be necessary to carry out sections
3, 4, and 5 of this order. The Secretaries of State, Commerce,
Transportation, and the Treasury may redelegate any of these functions
to other officers and agencies of the United States Government
consistent with applicable law. The Secretary of State, in consultation
with the Secretaries of Commerce, Transportation, and the Treasury, as
appropriate, is authorized to exercise the functions and authorities
conferred upon the President in subsection 5(b) of the SAA and to
redelegate these functions and authorities consistent with applicable
law. All agencies of the United States Government are hereby directed to
take all appropriate measures within their authority to carry out the
provisions of this order and, where appropriate, to
[[Page 172]]
advise the Secretaries of State, Commerce, Transportation, and the
Treasury in a timely manner of the measures taken.
Sec. 10. This order is not intended to create, and does not create, any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, instrumentalities, or entities, its officers or employees, or
any other person.
Sec. 11. For those persons whose property or interests in property are
blocked pursuant to section 3 of this order who might have a
constitutional presence in the United States, I find that because of the
ability to transfer funds or assets instantaneously, prior notice to
such persons of measures to be taken pursuant to this order would render
these measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency declared
in this order, there need be no prior notice of a listing or
determination made pursuant to this order.
Sec. 12. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to submit the recurring and final
reports to the Congress on the national emergency declared in this
order, consistent with section 401(c) of the NEA, 50 U.S.C. 1641(c), and
section 204(c) of the IEEPA, 50 U.S.C. 1703(c).
Sec. 13. (a) This order is effective at 12:01 eastern daylight time on
May 12, 2004.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George W. Bush
The White House,
May 11, 2004.
Executive Order 13339 of May 13, 2004
Increasing Economic Opportunity and Business Participation of Asian
Americans and Pacific Islanders
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and for the purpose of providing
equal economic opportunities for full participation of Asian American
and Pacific Islander businesses in our free market economy where they
may be underserved and thus improving the quality of life for Asian
Americans and Pacific Islanders, it is hereby ordered as follows:
Section 1. (a) There is established in the Department of Commerce the
President's Advisory Commission on Asian Americans and Pacific Islanders
(Commission). The Commission shall consist of not more than 15 members
appointed by the President, one of whom shall be designated by the
President as Chair. The Commission shall include members who: (i) have a
history of involvement with the Asian American and Pacific Islander
communities; (ii) are from the business enterprise sector; (iii) are
from civic associations representing one or more of the diverse Asian
American and Pacific Islander communities; (iv) are from the fields of
economic, social,
[[Page 173]]
and community development; or (v) have such other experience as the
President deems appropriate.
(b) The Secretary of Commerce (Secretary) shall designate an
Executive Director for the Commission.
Sec. 2. The Commission shall provide advice to the President, through
the Secretary, on:
(a) the development, monitoring, and coordination of executive
branch efforts to improve the economic and community development of
Asian American and Pacific Islander businesses through ensuring equal
opportunity to participate in Federal programs, and public-sector,
private-sector partnerships, and through the collection of data related
to Asian American and Pacific Islander businesses; and
(b) ways to increase the business diversification of Asian Americans
and Pacific Islanders, including ways to foster research and data on
Asian American and Pacific Islander businesses including their level of
participation in the national economy and their economic and community
development.
Sec. 3. (a) The Secretary shall establish within the Department of
Commerce an office known as the White House Initiative on Asian
Americans and Pacific Islanders (Office). The Office shall provide
support for the Commission and the interagency working group created in
section 3(b) of this order.
(b) The Secretary shall also create an interagency working group
(Working Group) whose activities shall be coordinated by the Department
of Commerce. The Secretary shall designate the executive departments and
agencies that shall serve on the Working Group (executive departments
and agencies) and the heads of those departments and agencies shall
select the officials that shall serve as their respective
representatives on the Working Group. The Executive Director of the
Commission shall also serve as the Director of the Office and the
Working Group, and shall report to the Secretary or the Secretary's
designee. The Director of the Working Group shall advise the Secretary
or the Secretary's designee on efforts by the Federal Government to
improve access to economic opportunities, through equal access to such
opportunities, for Asian American and Pacific Islander businesses where
they may be underserved and thus to improve the quality of life of Asian
Americans and Pacific Islanders.
Sec. 4. The head of each executive department and agency on the Working
Group shall designate a senior Federal official responsible for
management or program administration to report directly to the agency
head on activities implementing this order and to serve as a liaison to,
and representative on, the Working Group. The Secretary may designate
additional Federal officials, with the concurrence of the head of the
designated executive department or agency, to carry out functions of the
Working Group. To the extent permitted by law and to the extent
practicable, each designated executive department and agency shall
provide appropriate information requested by the Working Group,
including data relating to the eligibility for and participation of
Asian American and Pacific Islander businesses in Federal programs.
Where adequate data are not available, the Working Group shall suggest
the means of collecting such data.
Sec. 5. Each designated executive department and agency shall prepare a
plan for, and shall document, its efforts to support economic
opportunities
[[Page 174]]
for Asian American and Pacific Islander businesses. This plan shall
address, among other things, executive branch efforts to:
(a) increase participation in Federal programs for Asian American
and Pacific Islander businesses through equal access to such programs;
(b) ensure nondiscrimination in Federal contracts and procurement
opportunities;
(c) provide equal opportunity for public-sector, private-sector
partnerships for the community and economic development of Asian
American and Pacific Islander businesses; and
(d) foster research and data collection on Asian American and
Pacific Islander businesses. Each plan shall be submitted through the
working group and the Commission to the Secretary at a date to be
established by the Secretary.
Sec. 6. The Secretary shall review the plans of the designated executive
departments and agencies and develop for submission to the President for
his approval an integrated Federal plan (Federal Plan) to increase the
participation of Asian American and Pacific Islander businesses in
executive branch programs through equal access to such programs where
such organizations may be underserved. Actions described in the Federal
Plan shall address improving access by Asian American and Pacific
Islander businesses to Federal programs and fostering advances in
relevant research and data as it pertains to community economic
development. The Secretary shall disseminate the Federal Plan, to the
extent the Plan is approved by the President, to appropriate members of
the executive branch. The findings and recommendations in the Federal
Plan shall be followed by the designated executive departments and
agencies in their policies and activities, to the extent permitted by
law and as practicable.
Sec. 7. Insofar as the Federal Advisory Committee Act, as amended (5
U.S.C. App.) (the ``Act''), may apply to the administration of any
portion of this order, any functions of the President under the Act,
except that of reporting to the Congress, shall be performed by the
Secretary in accordance with the guidelines issued by the Administrator
of General Services.
Sec. 8. Members of the Commission shall serve without compensation, but
shall be allowed travel expenses, including per diem in lieu of
subsistence, as authorized by law for persons serving intermittently in
the Government service (5 U.S.C. 5701-5707). To the extent permitted by
law and appropriations, and where practicable, executive departments and
agencies shall, upon request by the Secretary, provide assistance to the
Commission and to the Working Group, and the Department of Commerce
shall provide administrative support and funding for the Commission.
Sec. 9. The Commission shall terminate 2 years from the date of this
order, unless renewed by the President.
Sec. 10. For the purposes of this order, the term: (a) ``Asian''
includes persons having origins in any of the original peoples of the
Far East, Southeast Asia, or the Indian subcontinent; and the term (b)
``Pacific Islander'' includes persons having origins in any of the
original peoples of Hawaii, Guam, Samoa, or other Pacific Islands.
[[Page 175]]
Sec. 11. The Secretary of Commerce shall consult the Attorney General as
appropriate on the implementation of this order to ensure that such
implementation affords the equal protection of the laws required by the
due process clause of the Fifth Amendment to the Constitution.
Sec. 12. This order is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or in equity,
by a party against the United States, its departments, agencies,
entities, officers, employees or agents, or any other person.
George W. Bush
The White House,
May 13, 2004.
Executive Order 13340 of May 18, 2004
Establishment of Great Lakes Interagency Task Force and Promotion of a
Regional Collaboration of National Significance for the Great Lakes
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to help establish a regional
collaboration of national significance for the Great Lakes, it is hereby
ordered as follows:
Section 1. Policy. The Great Lakes are a national treasure constituting
the largest freshwater system in the world. The United States and Canada
have made great progress addressing past and current environmental
impacts to the Great Lakes ecology. The Federal Government is committed
to making progress on the many significant challenges that remain. Along
with numerous State, tribal, and local programs, over 140 Federal
programs help fund and implement environmental restoration and
management activities throughout the Great Lakes system. A number of
intergovernmental bodies are providing leadership in the region to
address environmental and resource management issues in the Great Lakes
system. These activities would benefit substantially from more
systematic collaboration and better integration of effort. It is the
policy of the Federal Government to support local and regional efforts
to address environmental challenges and to encourage local citizen and
community stewardship. To this end, the Federal Government will partner
with the Great Lakes States, tribal and local governments, communities,
and other interests to establish a regional collaboration to address
nationally significant environmental and natural resource issues
involving the Great Lakes. It is the further policy of the Federal
Government that its executive departments and agencies will ensure that
their programs are funding effective, coordinated, and environmentally
sound activities in the Great Lakes system.
Sec. 2. Definitions. For purposes of this order:
(a) ``Great Lakes'' means Lake Ontario, Lake Erie, Lake Huron
(including Lake Saint Clair), Lake Michigan, and Lake Superior, and the
connecting channels (Saint Marys River, Saint Clair River, Detroit
River, Niagara River, and Saint Lawrence River to the Canadian Border).
[[Page 176]]
(b) ``Great Lakes system'' means all the streams, rivers, lakes, and
other bodies of water within the drainage basin of the Great Lakes.
Sec. 3. Great Lakes Interagency Task Force.
(a) Task Force Purpose. To further the policy described in section 1
of this order, there is established, within the Environmental Protection
Agency for administrative purposes, the ``Great Lakes Interagency Task
Force'' (Task Force) to:
(i)
Help convene and establish a process for collaboration among the
members of the Task Force and the members of the Working Group that
is established in paragraph b(ii) of this section, with the Great
Lakes States, local communities, tribes, regional bodies, and other
interests in the Great Lakes region regarding policies, strategies,
plans, programs, projects, activities, and priorities for the Great
Lakes system.
(ii)
Collaborate with Canada and its provinces and with bi-national
bodies involved in the Great Lakes region regarding policies,
strategies, projects, and priorities for the Great Lakes system.
(iii)
Coordinate the development of consistent Federal policies,
strategies, projects, and priorities for addressing the restoration
and protection of the Great Lakes system and assisting in the
appropriate management of the Great Lakes system.
(iv)
Develop outcome-based goals for the Great Lakes system relying
upon, among other things, existing data and science-based indicators
of water quality and related environmental factors. These goals
shall focus on outcomes such as cleaner water, sustainable
fisheries, and biodiversity of the Great Lakes system and ensure
that Federal policies, strategies, projects, and priorities support
measurable results.
(v)
Exchange information regarding policies, strategies, projects, and
activities of the agencies represented on the Task Force related to
the Great Lakes system.
(vi)
Work to coordinate government action associated with the Great
Lakes system.
(vii)
Ensure coordinated Federal scientific and other research associated
with the Great Lakes system.
(viii)
Ensure coordinated government development and implementation of the
Great Lakes portion of the Global Earth Observation System of
Systems.
(ix)
Provide assistance and support to agencies represented on the Task
Force in their activities related to the Great Lakes system.
(x)
Submit a report to the President by May 31, 2005, and thereafter as
appropriate, that summarizes the activities of the Task Force and
provides any recommendations that would, in the judgment of the Task
Force, advance the policy set forth in section 1 of this order.
(b) Membership and Operation.
[[Page 177]]
(i)
The Task Force shall consist exclusively of the following officers
of the United States: the Administrator of the Environmental
Protection Agency (who shall chair the Task Force), the Secretary of
State, the Secretary of the Interior, the Secretary of Agriculture,
the Secretary of Commerce, the Secretary of Housing and Urban
Development, the Secretary of Transportation, the Secretary of
Homeland Security, the Secretary of the Army, and the Chairman of
the Council on Environmental Quality. A member of the Task Force may
designate, to perform the Task Force functions of the member, any
person who is part of the member's department, agency, or office and
who is either an officer of the United States appointed by the
President or a full-time employee serving in a position with pay
equal to or greater than the minimum rate payable for GS-15 of the
General Schedule. The Task Force shall report to the President
through the Chairman of the Council on Environmental Quality.
(ii)
The Task Force shall establish a ``Great Lakes Regional Working
Group'' (Working Group) composed of the appropriate regional
administrator or director with programmatic responsibility for the
Great Lakes system for each agency represented on the Task Force
including: the Great Lakes National Program Office of the
Environmental Protection Agency; the United States Fish and Wildlife
Service, National Park Service, and United States Geological Survey
within the Department of the Interior; the Natural Resources
Conservation Service and the Forest Service of the Department of
Agriculture; the National Oceanic and Atmospheric Administration of
the Department of Commerce; the Department of Housing and Urban
Development; the Department of Transportation; the Coast Guard
within the Department of Homeland Security; and the Army Corps of
Engineers within the Department of the Army. The Working Group will
coordinate and make recommendations on how to implement the
policies, strategies, projects, and priorities of the Task Force.
(c) Management Principles for Regional Collaboration of National
Significance. To further the policy described in section 1, the Task
Force shall recognize and apply key principles and foster conditions to
ensure successful collaboration. To that end, the Environmental
Protection Agency will coordinate the development of a set of principles
of successful collaboration.
Sec. 4. Great Lakes National Program Office. The Great Lakes National
Program Office of the Environmental Protection Agency shall assist the
Task Force and the Working Group in the performance of their functions.
The Great Lakes National Program Manager shall serve as chair of the
Working Group.
Sec. 5. Preservation of Authority. Nothing in this order shall be
construed to impair or otherwise affect the functions of the Director of
the Office of Management and Budget relating to budget, administrative,
regulatory, and legislative proposals. Nothing in this order shall be
construed to affect the statutory authority or obligations of any
Federal agency or any bi-national agreement with Canada.
Sec. 6. Judicial Review. This order is intended only to improve the
internal management of the Federal Government and is not intended to,
and does
[[Page 178]]
not, create any right, benefit, or trust responsibility, substantive or
procedural, enforceable at law or in equity by a party against the
United States, its departments, agencies, instrumentalities or entities,
its officers or employees, or any other person.
George W. Bush
The White House,
May 18, 2004.
Executive Order 13341 of May 20, 2004
Further Amendment to Executive Order 11023, Providing for the
Performance by the Secretary of Commerce of Certain Functions Relating
to the National Oceanic and Atmospheric Administration
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. As a result of the enactment of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002
(Public Law 107-372), the following conforming amendments are made to
Executive Order 11023 of May 28, 1962, as amended:
(a) In section 1(a), delete ``section 6(b) of the Coast and Geodetic
Survey Commissioned Officers Act of 1948 (62 Stat. 298; 33 U.S.C.
853e(b))'' and insert in lieu thereof: ``section 223(b) of the National
Oceanic and Atmospheric Administration Commissioned Officer Corps Act of
2002 (Public Law 107-372; 33 U.S.C. 3023(b))''.
(b) In section 1(b), delete ``section 12(a) of the Coast and
Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat.
506; 33 U.S.C. 853j-1(a))'' and insert in lieu thereof: ``section 229(a)
of the National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002 (Public Law 107-372; 33 U.S.C. 3029(a))''.
(c) In section 1(c), delete ``section 12(b) of the Coast and
Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat.
506; 33 U.S.C. 853j-1(b))'' and insert in lieu thereof: ``section 229(b)
of the National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002 (Public Law 107-372; 33 U.S.C. 3029(b))''.
(d) In section 1(d), delete ``section 12(c) of the Coast and
Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat.
506; 33 U.S.C. 853j-1(c))'' and insert in lieu thereof: ``section 229(c)
of the National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002 (Public Law 107-372; 33 U.S.C. 3029(c))''.
(e) Section 1(e) shall be revised to read as follows: ``The
authority vested in the President by section 243(b) of the National
Oceanic and Atmospheric Administration Commissioned Officer Corps Act of
2002 (Public Law 107-372; 33 U.S.C. 3043(b)), to defer the retirement of
an officer of the National Oceanic and Atmospheric Administration
serving in a rank above that of
[[Page 179]]
captain who has attained 62 years of age, but such a deferment may not
extend beyond the first day of the month in which the officer becomes 64
years of age.''
(f) Section 1(f) shall be revised to read as follows: ``The
authority vested in the President by section 244 of the National Oceanic
and Atmospheric Administration Commissioned Officer Corps Act of 2002
(Public Law 107-372; 33 U.S.C. 3044), to retire from the active service
any commissioned officer of the National Oceanic and Atmospheric
Administration, upon his own application, who has completed 20 years of
active service, of which at least 10 years was service as a commissioned
officer.''
(g) In section 1(g), delete ``section 23(a) of the Coast and
Geodetic Survey Commissioned Officers Act of 1948, as amended (75 Stat.
506; 33 U.S.C. 853t(a))'' and insert in lieu thereof: ``section
221(a)(4) of the National Oceanic and Atmospheric Administration
Commissioned Officer Corps Act of 2002 (Public Law 107-372; 33 U.S.C.
3021(a)(4))''.
(h) In section 1(h), delete ``section 1(1) of the Act of December 3,
1942 (56 Stat. 1038; 33 U.S.C. 854a-1(1))'' and insert in lieu thereof:
``section 230(b)(1) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (Public Law 107-
372; 33 U.S.C. 3030(b)(1))''.
(i) In section 1(i), delete ``section 1(2) of the Act of December 3,
1942 (56 Stat. 1038; 33 U.S.C. 854a-1(2))'' and insert in lieu thereof:
``section 230(b)(2) of the National Oceanic and Atmospheric
Administration Commissioned Officer Corps Act of 2002 (Public Law 107-
372; 33 U.S.C. 3030(b)(2))''.
(j) Section 1(j) shall be revised to read as follows: ``The
authority contained in section 230(b)(3) of the National Oceanic and
Atmospheric Administration Commissioned Officer Corps Act of 2002
(Public Law 107-372; 33 U.S.C. 3030(b)(3)), to appoint temporarily in
all grades to which original appointments in the National Oceanic and
Atmospheric Administration are authorized to fill vacancies caused by
transfer of officers to the military departments.''
(k) In section 1(k), delete ``section 16 of the Act of May 22, 1917
(40 Stat. 87; 33 U.S.C. 855)'' and insert in lieu thereof: ``section 251
of the National Oceanic and Atmospheric Administration Commissioned
Officer Corps Act of 2002 (Public Law 107-372; 33 U.S.C. 3061)'', and
delete the word ``personnel'' in the two places in which it appears and
insert in lieu thereof: ``officers''.
Sec. 2. Section 1(m) is added to Executive Order 11023 to read as
follows: ``(m) The authority vested in the President by Public Law 96-
215, as amended (10 U.S.C. 716(a)), to transfer any commissioned officer
with his consent from his uniformed service to, and appoint him in, the
National Oceanic and Atmospheric Administration, provided consent for
the transfer is given by the Secretary of Defense, the Secretary of
Homeland Security,
[[Page 180]]
or the Secretary of Health and Human Services, as applicable, in
accordance with joint regulations issued under that statute establishing
the policies and procedures for such transfers and appointments.''
George W. Bush
The White House,
May 20, 2004.
Executive Order 13342 of June 1, 2004
Responsibilities of the Departments of Commerce and Veterans Affairs and
the Small Business Administration With Respect to Faith-Based and
Community Initiatives
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to help the Federal
Government coordinate a national effort to expand opportunities for
faith-based and other community organizations and to strengthen their
capacity to better meet America's social and community needs, it is
hereby ordered as follows:
Section 1. Establishment of Centers for Faith-Based and Community
Initiatives at the Departments of Commerce and Veterans Affairs and the
Small Business Administration.
(a) The Secretaries of Commerce and Veterans Affairs and the
Administrator of the Small Business Administration shall each establish
within their respective agencies a Center for Faith-Based and Community
Initiatives (Center).
(b) Each of these Centers shall be supervised by a Director,
appointed by the agency head in consultation with the White House Office
of Faith-Based and Community Initiatives (White House OFBCI).
(c) Each agency shall provide its Center with appropriate staff,
administrative support, and other resources to meet its responsibilities
under this order.
(d) Each Center shall begin operations no later than 45 days from
the date of this order.
Sec. 2. Purpose of Executive Branch Centers for Faith-Based and
Community Initiatives. The purpose of the agency Centers will be to
coordinate agency efforts to eliminate regulatory, contracting, and
other programmatic obstacles to the participation of faith-based and
other community organizations in the provision of social and community
services.
Sec. 3. Responsibilities of the Centers for Faith-Based and Community
Initiatives. Each Center shall, to the extent permitted by law:
(a) conduct, in coordination with the White House OFBCI, an agency-
wide audit to identify all existing barriers to the participation of
faith-based and other community organizations in the delivery of social
and community services by the agency, including but not limited to
regulations, rules,
[[Page 181]]
orders, procurement, and other internal policies and practices, and
outreach activities that either facially discriminate against or
otherwise discourage or disadvantage the participation of faith-based
and other community organizations in Federal programs;
(b) coordinate a comprehensive agency effort to incorporate faith-
based and other community organizations in agency programs and
initiatives to the greatest extent possible;
(c) propose initiatives to remove barriers identified pursuant to
section 3(a) of this order, including but not limited to reform of
regulations, procurement, and other internal policies and practices, and
outreach activities;
(d) propose the development of innovative pilot and demonstration
programs to increase the participation of faith-based and other
community organizations in Federal as well as State and local
initiatives; and
(e) develop and coordinate agency outreach efforts to disseminate
information more effectively to faith-based and other community
organizations with respect to programming changes, contracting
opportunities, and other agency initiatives, including but not limited
to Web and Internet resources.
Sec. 4. Reporting Requirements. (a) Report. Not later than 180 days from
the date of this order and annually thereafter, each of the three
Centers described in section 1 of this order shall prepare and submit a
report to the President through the White House OFBCI.
(b) Contents. The report shall include a description of the agency's
efforts in carrying out its responsibilities under this order, including
but not limited to:
(i) a comprehensive analysis of the barriers to the full participation of
faith-based and other community organizations in the delivery of social and
community services identified pursuant to section 3(a) of this order and
the proposed strategies to eliminate those barriers; and
(ii) a summary of the technical assistance and other information that
will be available to faith-based and other community organizations
regarding the program activities of the agency and the preparation of
applications or proposals for grants, cooperative agreements, contracts,
and procurement.
(c) Performance Indicators. The first report, filed pursuant to
section 4(a) of this order, shall include annual performance indicators
and measurable objectives for agency action. Each report filed
thereafter shall measure the agency's performance against the objectives
set forth in the initial report.
Sec. 5. Responsibilities of the Secretaries of Commerce and Veterans
Affairs and the Administrator of the Small Business Administration. The
Secretaries and the Administrator shall:
(a) designate an employee within their respective agencies to serve
as the liaison and point of contact with the White House OFBCI; and
(b) cooperate with the White House OFBCI and provide such
information, support, and assistance to the White House OFBCI as it may
request, to the extent permitted by law.
Sec. 6. Administration and Judicial Review. (a) The agency actions
directed by this executive order shall be carried out subject to the
availability of appropriations and to the extent permitted by law.
[[Page 182]]
(b) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by a
party against the United States, its departments, agencies,
instrumentalities or entities, its officers, employees or agents, or any
other person.
George W. Bush
The White House,
June 1, 2004.
Executive Order 13343 of June 6, 2004
Providing for the Closing of Government Departments and Agencies on June
11, 2004
By the authority vested in me as President by the Constitution and laws
of the United States of America, it is hereby ordered as follows:
Section 1. All executive departments, independent establishments, and
other governmental agencies shall be closed on June 11, 2004, as a mark
of respect for Ronald Reagan, the fortieth President of the United
States. That day shall be considered as falling within the scope of
Executive Order 11582 of February 11, 1971, and of 5 U.S.C. 5546 and
6103(b) and other similar statutes insofar as they relate to the pay and
leave of employees of the United States.
Sec. 2. The first sentence of section 1 of this order shall not apply to
those offices and installations, or parts thereof, in the Department of
State, the Department of Defense, the Department of Justice, the
Department of Homeland Security, or other departments, independent
establishments, and governmental agencies that the heads thereof
determine should remain open for reasons of national security or defense
or other essential public business.
George W. Bush
The White House,
June 6, 2004.
Executive Order 13344 of July 7, 2004
Amending Executive Order 13261 on the Order of Succession in the
Environmental Protection Agency
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Federal Vacancies
Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered that
Executive Order 13261 of March 19, 2002, is amended as follows:
Section 1. In section 2, subsections (a), (b), and (c) are deleted and
replaced with the following new subsections (a), (b), and (c):
(a) Assistant Administrator, Office of Solid Waste;
[[Page 183]]
(b) Assistant Administrator for Toxic Substances;
(c) Assistant Administrator (Air and Radiation).
George W. Bush
The White House,
July 7, 2004.
Executive Order 13345 of July 8, 2004
Assigning Foreign Affairs Functions and Implementing the Enterprise for
the Americas Initiative and the Tropical Forest Conservation Act
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Agricultural Trade
Development and Assistance Act of 1954 (ATDA Act), as amended, the
Foreign Assistance Act of 1961 (Foreign Assistance Act), as amended, and
section 301 of title 3, United States Code, it is hereby ordered as
follows:
Section 1. Functions to be Performed by the Secretary of the Treasury.
(a) The Secretary of the Treasury is hereby designated to perform the
functions of the President under the following provisions of law:
(1) sections 603(b), 604(a), and 611 of the ATDA Act (7 U.S.C. 1738b(b),
1738c(a), and 1738j); and
(2) sections 703, 704(a), 805(b), 806(a), 807(a), 808(a), and 812 of the
Foreign Assistance Act (22 U.S.C. 2430b, 2430c(a), 2431c(b), 2431d(a),
2431e(a), 2431f(a), and 2431j).
(b) The Secretary of the Treasury shall:
(1)(A) make determinations under the provisions of sections 703(b) and
805(b) of the Foreign Assistance Act in accordance with any recommendations
received from the Secretary of State with respect to subsections 703(a)(1)-
703(a)(4) and the corresponding recommendations under section 805(a)(1) of
that Act; and
(B) make determinations under the provisions of section 805(b) of the
Foreign Assistance Act in accordance with any recommendations from the
Administrator of the United States Agency for International Development
(USAID) with respect to section 803(5)(B) of that Act;
(2) exercise the functions under the provisions listed in section 1(a)(1)
of this order in consultation with the Secretary of State and with the
National Advisory Council on International Monetary and Financial Policies
(Council) established by Executive Order 11269 of February 14, 1966;
(3) consult, as appropriate, with the Secretary of State, the Administrator
of USAID, the Council, the Secretary of Agriculture, the Director of the
[[Page 184]]
Office of Management and Budget, the Administrator of the Environmental
Protection Agency, the Chairman of the Council on Environmental Quality,
the Director of the Office of National Drug Control Policy, and the
Chairman of the Council of Economic Advisers in the performance of all
other functions under the provisions listed in section 1(a) of this order.
Sec. 2. Functions to be Performed by the Secretary of State. (a) The
Secretary of State is hereby designated to perform the functions of the
President under sections 607 and 614 of the ATDA Act (7 U.S.C. 1738f and
1738m) and section 813(a) of the Foreign Assistance Act (22 U.S.C.
2431k).
(b) The Secretary of State shall consult, as appropriate, with the
Secretary of the Treasury and the Administrator of USAID, in the
performance of functions under the provisions listed in subsection 2(a)
of this order.
(c) The Secretary of State shall consult, as appropriate, in the
performance of functions under section 607 of the ATDA Act, with the
Secretary of Agriculture, the Secretary of Commerce, the Administrator
of the Environmental Protection Agency, the Chairman of the Council on
Environmental Quality, and the heads of such other executive departments
and agencies as the Secretary of State determines appropriate.
(d) The Secretary of State is hereby designated to receive advice or
supplemental views on the President's behalf consistent with the
following provisions of law:
(1) section 610(c)(1) of the ATDA Act (7 U.S.C. 1738i(c)(1)); and
(2) section 813(b) of the Foreign Assistance Act (22 U.S.C. 2431k).
Sec. 3. Recommendation by USAID. The Administrator of USAID shall make
recommendations with respect to 803(5)(B) of the Foreign Assistance Act
(22 U.S.C. 2431a(5)(B), in cooperation with the Secretary of Agriculture
and the Secretary of State.
Sec. 4. Government Appointees to the Enterprise for the Americas Board.
(a) Pursuant to section 610(b)(1)(A) of the ATDA Act (7 U.S.C.
1738i(b)(1)(A) and section 811(b)(1)(A) and (b)(2) of the Foreign
Assistance Act (22 U.S.C. 2431i(b)(1)(A) and (b)(2)), the following
officers or employees of the United States are hereby designated to
serve as representatives on the Enterprise for the Americas Board:
(i) the designee of the Secretary of State, who shall be the chairperson of
the Board;
(ii) the designee of the Secretary of the Treasury;
(iii) two designees of the Secretary of Agriculture, one of whom shall be
an officer or employee of the United States Forest Service International
Programs Office with experience in international forestry matters, and the
other shall be an officer or employee of the Foreign Agricultural Service;
(iv) the designee of the Secretary of the Interior;
(v) the designee of the Administrator of the Environmental Protection
Agency;
(vi) the designee of the Administrator of USAID, who shall be the vice
chairperson of the Board; and
[[Page 185]]
(vii) the designee of the Chairman of the Council on Environmental Quality.
(b) The Board shall permit the following officers or employees of
the United States to attend and observe a Board meeting:
(i) a designee of the Secretary of Commerce; and
(ii) a designee of the head of any executive department or agency, if the
meeting will relate to matters relevant to the activities of such executive
department or agency.
(c) An officer of the United States listed in subsections 4(a) and
4(b) shall make a designation for purposes of those subsections in
writing submitted to the Secretary of State and shall change any such
designation in the same manner. The authority to make such a designation
may not be delegated.
(d) The Secretary of State may, after consultation with the officers
of the United States listed in subsection 4(b) and the Attorney General,
as appropriate, establish such procedures as may be necessary to provide
for the governance and administration of the Board.
Sec. 5. Guidance for the Performance of Functions. In performing
functions under this order, officers of the United States:
(a) shall ensure that all actions taken by them are consistent with
the President's constitutional authority to (i) conduct the foreign
affairs of the United States, including the commencement, conduct, and
termination of negotiations with foreign countries and international
organizations, (ii) withhold information the disclosure of which could
impair the foreign relations, the national security, the deliberative
processes of the Executive, or the performance of the Executive's
constitutional duties, (iii) recommend for congressional consideration
such measures as the President may judge necessary or expedient, and
(iv) supervise the unitary executive branch;
(b) may further assign functions assigned by this order to officers
of any department or agency within the executive branch to the extent
permitted by law except as provided in subsection 4(c) of this order and
such further assignment shall be published in the Federal Register; and
(c) shall consult the Attorney General as appropriate in
implementing this section.
Sec. 6. Revocation of Executive Orders. The following Executive Orders
are hereby revoked:
(a) Executive Order 12757 of March 19, 1991;
(b) Executive Order 12823 of December 3, 1992;
(c) Executive Order 13028 of December 3, 1996; and
(d) Executive Order 13131 of July 22, 1999.
Sec. 7. Judicial Review. This order is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable at
law or in equity by a party against the United States, its departments,
agencies, entities, officers, employees or agents, or any other person.
George W. Bush
The White House,
July 8, 2004.
[[Page 186]]
Executive Order 13346 of July 8, 2004
Delegation of Certain Waiver, Determination, Certification,
Recommendation, and Reporting Functions
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. The functions of the President in making certain waivers,
determinations, certifications, recommendations, and reports to the
Congress are assigned as follows:
(a) The Secretary of State is authorized to make waivers,
determinations, certifications, and recommendations, and to undertake
related reporting, as described in:
(i) Section 402(d)(1) of the Trade Act of 1974, as amended (19 U.S.C.
2432(d)(1)), with respect to the extension of Jackson-Vanik waivers;
(ii) Section 609 of Division A of the Omnibus Consolidated and Emergency
Supplemental Appropriations Act, 1999 (Public Law 105-277) as continued in
effect by section 612 of Division B of the Consolidated Appropriations Act,
2004 (Public Law 108-199) with respect to cooperation related to persons
missing in action and prisoners of war; and
(iii) Section 102(a)(2) of the Arms Export Control Act, as amended (22
U.S.C. 2799aa-1(a)), with respect to any Presidential determination under
section 102(a)(1) that is also the subject of a determination and
certification by the President pursuant to section 102(a)(2).
(b) The United States Trade Representative shall submit the report
relating to sub-Saharan Africa under section 106 of the African Growth
and Opportunity Act (Public Law 106-200, title 1).
Sec. 2. The functions of the President in making certifications to the
Congress consistent with the resolution of advice and consent to
ratification of the Chemical Weapons Convention adopted by the Senate on
April 24, 1997 (Resolution) are assigned as follows:
(a) The Secretary of State is authorized to make a certification
consistent with section 2(7)(C)(i) of the Resolution with respect to the
effectiveness and viability of the Australia Group.
(b) The Secretary of Commerce is authorized to make a certification
consistent with section 2(9) of the Resolution with respect to the
interests of certain firms in the United States.
Sec. 3. Executive Order 12163 of September 29, 1979, as amended, is
further amended, in section 1-100(a), by striking the period at the end
of paragraph (12) and inserting a semicolon, and by inserting the
following new paragraphs:
``(13) title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002 (Public Law 107-115), under
the heading ``Assistance for the Independent States of the Former Soviet
Union,'' in subsections (g)(4) and (6);'';
``(14) section 512 of Division D of the Consolidated Appropriations
Act, 2004 (Public Law 108-199);'';
[[Page 187]]
``(15) sections 5(c) and 6 of the Anglo-Irish Agreement Support Act
of 1986 (Public Law 99-415), as amended.''.
Sec. 4. Executive Order 13277 of November 19, 2002, is amended in
section 1(b)(3) by adding after the phrase ``Section 2105(a)(1)'' the
terms ``(A) and (C)''.
Sec. 5. References in this order to provisions of any Act shall be
deemed to include references to any provision of law that is the same or
substantially the same as such provisions.
Sec. 6. In carrying out sections 1 and 2 of this order, officers of the
United States shall ensure that all actions taken by them are consistent
with the President's constitutional authority to: (a) conduct the
foreign affairs of the United States; (b) withhold information the
disclosure of which could impair the foreign relations, the national
security, the deliberative processes of the Executive, or the
performance of the Executive's constitutional duties; (c) recommend for
congressional consideration such measures as the President may judge
necessary and expedient; and (d) supervise the unitary executive branch.
Sec. 7. Nothing in this order shall be construed to impair or otherwise
affect the functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative proposals.
Sec. 8. This order is intended only to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by a party against the United States, its departments, agencies,
entities, officers, employees or agents, or any other person.
George W. Bush
The White House,
July 8, 2004.
Executive Order 13347 of July 22, 2004
Individuals With Disabilities in Emergency Preparedness
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and to strengthen emergency
preparedness with respect to individuals with disabilities, it is hereby
ordered as follows:
Section 1. Policy. To ensure that the Federal Government appropriately
supports safety and security for individuals with disabilities in
situations involving disasters, including earthquakes, tornadoes, fires,
floods, hurricanes, and acts of terrorism, it shall be the policy of the
United States that executive departments and agencies of the Federal
Government (agencies):
(a) consider, in their emergency preparedness planning, the unique
needs of agency employees with disabilities and individuals with
disabilities whom the agency serves;
[[Page 188]]
(b) encourage, including through the provision of technical
assistance, as appropriate, consideration of the unique needs of
employees and individuals with disabilities served by State, local, and
tribal governments and private organizations and individuals in
emergency preparedness planning; and
(c) facilitate cooperation among Federal, State, local, and tribal
governments and private organizations and individuals in the
implementation of emergency preparedness plans as they relate to
individuals with disabilities.
Sec. 2. Establishment of Council. (a) There is hereby established,
within the Department of Homeland Security for administrative purposes,
the Interagency Coordinating Council on Emergency Preparedness and
Individuals with Disabilities (the ``Council''). The Council shall
consist exclusively of the following members or their designees:
(i)
the heads of executive departments, the Administrator of the
Environmental Protection Agency, the Administrator of General
Services, the Director of the Office of Personnel Management, and
the Commissioner of Social Security; and
(ii)
any other agency head as the Secretary of Homeland Security may,
with the concurrence of the agency head, designate.
(b) The Secretary of Homeland Security shall chair the Council, convene
and preside at its meetings, determine its agenda, direct its work, and,
as appropriate to particular subject matters, establish and direct
subgroups of the Council, which shall consist exclusively of Council
members.
(c) A member of the Council may designate, to perform the Council
functions of the member, an employee of the member's department or
agency who is either an officer of the United States appointed by the
President, or a full-time employee serving in a position with pay equal
to or greater than the minimum rate payable for GS-15 of the General
Schedule.
Sec. 3. Functions of Council. (a) The Council shall:
(i)
coordinate implementation by agencies of the policy set forth in
section 1 of this order;
(ii)
whenever the Council obtains in the performance of its functions
information or advice from any individual who is not a full-time or
permanent part-time Federal employee, obtain such information and
advice only in a manner that seeks individual advice and does not
involve collective judgment or consensus advice or deliberation; and
(iii)
at the request of any agency head (or the agency head's designee
under section 2(c) of this order) who is a member of the Council,
unless the Secretary of Homeland Security declines the request,
promptly review and provide advice, for the purpose of furthering
the policy set forth in section 1, on a proposed action by that
agency.
(b) The Council shall submit to the President each year beginning 1 year
after the date of this order, through the Assistant to the President for
Homeland Security, a report that describes:
(i)
the achievements of the Council in implementing the policy set
forth in section 1;
[[Page 189]]
(ii)
the best practices among Federal, State, local, and tribal
governments and private organizations and individuals for emergency
preparedness planning with respect to individuals with disabilities;
and
(iii)
recommendations of the Council for advancing the policy set forth
in section 1.
Sec. 4. General. (a) To the extent permitted by law:
(i)
agencies shall assist and provide information to the Council for
the performance of its functions under this order; and
(ii)
the Department of Homeland Security shall provide funding and
administrative support for the Council.
(b) Nothing in this order shall be construed to impair or otherwise
affect the functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management of
the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by a party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
George W. Bush
The White House,
July 22, 2004.
Executive Order 13348 of July 22, 2004
Blocking Property of Certain Persons and Prohibiting the Importation of
Certain Goods from Liberia
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.) (NEA), section 5 of
the United Nations Participation Act, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code, and in view of
United Nations Security Council Resolutions 1521 of December 22, 2003,
and 1532 of March 12, 2004,
I, GEORGE W. BUSH, President of the United States of America, note that
the actions and policies of former Liberian President Charles Taylor and
other persons, in particular their unlawful depletion of Liberian
resources and their removal from Liberia and secreting of Liberian funds
and property, have undermined Liberia's transition to democracy and the
orderly development of its political, administrative, and economic
institutions and resources. I further note that the Comprehensive Peace
Agreement signed on August 18, 2003, and the related ceasefire have not
yet been universally implemented throughout Liberia, and that the
illicit trade in round logs and timber products is linked to the
proliferation of and trafficking in illegal arms, which perpetuate the
Liberian conflict and fuel and exacerbate other conflicts throughout
West Africa. I find that the actions, policies, and circumstances
described above constitute an unusual and extraordinary
[[Page 190]]
threat to the foreign policy of the United States and hereby declare a
national emergency to deal with that threat. To address that threat, I
hereby order:
Section 1. (a) Except to the extent provided in section 203(b)(1), (3),
and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or regulations,
orders, directives, or licenses that may be issued pursuant to this
order, and notwithstanding any contract entered into or any license or
permit granted prior to the effective date of this order, all property
and interests in property of the following persons, that are in the
United States, that hereafter come within the United States, or that are
or hereafter come within the possession or control of United States
persons, are blocked and may not be transferred, paid, exported,
withdrawn, or otherwise dealt in:
(i) the persons listed in the Annex to this order; and
(ii) any person determined by the Secretary of the Treasury, in
consultation with the Secretary of State:
(A)
to be or have been an immediate family member of Charles Taylor;
(B)
to have been a senior official of the former Liberian regime headed
by Charles Taylor or otherwise to have been or be a close ally or
associate of Charles Taylor or the former Liberian regime;
(C)
to have materially assisted, sponsored, or provided financial,
material, or technological support for, or goods or services in
support of, the unlawful depletion of Liberian resources, the
removal of Liberian resources from that country, and the secreting
of Liberian funds and property by any person whose property and
interests in property are blocked pursuant to this order; or
(D)
to be owned or controlled by, or acting or purporting to act for or
on behalf of, directly or indirectly, any person whose property and
interests in property are blocked pursuant to this order.
(b) I hereby determine that the making of donations of the type of
articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2))
by, to, or for the benefit of, any person whose property or interests in
property are blocked pursuant to paragraph (a) of this section would
seriously impair my ability to deal with the national emergency declared
in this order, and I hereby prohibit such donations as provided by
paragraph (a) of this section.
(c) The prohibitions in paragraph (a) of this section include, but
are not limited to,
(i) the making of any contribution or provision of funds, goods, or
services by, to, or for the benefit of, any person whose property or
interests in property are blocked pursuant to this order, and
(ii) the receipt of any contribution or provision of funds, goods,
or services from any such person.
Sec. 2. Except to the extent provided in regulations, orders,
directives, or licenses that may be issued pursuant to this order, and
notwithstanding any contract entered into or any license or permit
granted prior to the effective date of this order, the direct or
indirect importation into the United States of any round log or timber
product originating in Liberia is prohibited.
[[Page 191]]
Sec. 3. (a) Any transaction by a United States person or within the
United States that evades or avoids, has the purpose of evading or
avoiding, or attempts to violate any of the prohibitions set forth in
this order is prohibited.
(b) Any conspiracy formed to violate any of the prohibitions set
forth in this order is prohibited.
Sec. 4. For purposes of this order: (a) the term ``person'' means an
individual or entity;
(b) the term ``entity'' means a partnership, association, trust,
joint venture, corporation, group, subgroup, or other organization;
(c) the term ``United States person'' means any United States
citizen, permanent resident alien, entity organized under the laws of
the United States or any jurisdiction within the United States
(including foreign branches), or any person in the United States; and
(d) the term ``round log or timber product'' means any product
classifiable in Chapter 44 of the Harmonized Tariff Schedule of the
United States.
Sec. 5. For those persons whose property and interests in property are
blocked pursuant to section 1 of this order who might have a
constitutional presence in the United States, I find that because of the
ability to transfer funds or other assets instantaneously, prior notice
to such persons of measures to be taken pursuant to this order would
render these measures ineffectual. I therefore determine that for these
measures to be effective in addressing the national emergency declared
in this order, there need be no prior notice of a listing or
determination made pursuant to section 1 of this order.
Sec. 6. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA 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, consistent with applicable law. All agencies
of the United States Government are hereby directed to take all
appropriate measures within their authority to carry out the provisions
of this order and, where appropriate, to advise the Secretary of the
Treasury in a timely manner of the measures taken.
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to submit the recurring and
final reports to the Congress on the national emergency declared in this
order, consistent with section 401(c) of NEA, 50 U.S.C. 1641(c), and
section 204(c) of IEEPA, 50 U.S.C. 1703(c).
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to determine, subsequent to the
issuance of this order, that circumstances no longer warrant the
inclusion of a person in the Annex to this order and that the property
and interests in property of that person are therefore no longer blocked
pursuant to section 1 of this order.
Sec. 9. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party
[[Page 192]]
against the United States, its departments, agencies, instrumentalities,
or entities, its officers or employees, or any other person.
Sec. 10. This order is effective at 12:01 a.m. eastern daylight time on
July 23, 2004.
Sec. 11. This order shall be transmitted to the Congress and published
in the Federal Register.
George W. Bush
The White House,
July 22, 2004.
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Executive Order 13349 of July 23, 2004
Amending Executive Order 13226 To Designate the President's Council of
Advisors on Science and Technology To Serve as the National
Nanotechnology Advisory Panel
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the 21st Century
Nanotechnology Research and Development Act (Public Law 108-153), and in
order to designate the National Nanotechnology Advisory Panel pursuant
to section 4(a) of that Act, it is hereby ordered as follows:
Executive Order 13226 of September 30, 2001, as amended, is further
amended by adding a new section 2(c), to read as follows:
``(c) PCAST shall serve as the National Nanotechnology Advisory Panel
under section 4 of the 21st Century Nanotechnology Research and
Development Act (Public Law 108-153) (Act). Nothing in this Order shall
be construed to require the National Nanotechnology Advisory Panel to
comply with any requirement from which it is exempted by section 4(f) of
the Act.''
George W. Bush
The White House,
July 23, 2004.
Executive Order 13350 of July 29, 2004
Termination of Emergency Declared in Executive Order 12722 With Respect
to Iraq and Modification of Executive Order 13290, Executive Order
13303, and Executive Order 13315
By the authority vested in me as President by the Constitution and 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.)(NEA), section 5 of the United
Nations Participation Act, as amended (22 U.S.C. 287c)(UNPA), and
section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, have
determined that the situation that gave rise to the declaration of a
national emergency with respect to Iraq in Executive Order 12722 of
August 2, 1990, has been significantly altered by the removal of the
regime of Saddam Hussein and other developments. I hereby terminate the
national emergency declared in Executive Order 12722, revoke that
Executive Order and Executive Order 12724 of August 9, 1990, Executive
Order 12734 of November 14, 1990, Executive Order 12743 of January 18,
1991, Executive Order 12751 of February 14, 1991, and Executive Order
12817 of October 21, 1992, that are based on that national emergency. I
hereby amend Executive Order 13290 of March 20, 2003, so that the
authorities therein remain in
[[Page 197]]
effect based on the national emergency I declared in Executive Order
13303 of May 22, 2003, and expanded in Executive Order 13315 of August
28, 2003. At the same time, and in order to take additional steps to
deal with the national emergency that I declared in Executive Order
13303, and expanded in Executive Order 13315, with respect to the
unusual and extraordinary threat to the national security and foreign
policy of the United States posed by obstacles to the orderly
reconstruction of Iraq, the restoration and maintenance of peace and
security in that country, and the development of political,
administrative and economic institutions in Iraq, I hereby order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)),
termination of the national emergency declared in Executive Order 12722
shall not affect any action taken or proceeding pending but not finally
concluded or determined as of the effective date of this order, any
action or proceeding based on any act committed prior to such date, or
any rights or duties that matured or penalties that were incurred prior
to such date. Pursuant to section 207(a) of IEEPA (50 U.S.C. 1706(a)),
and subject to such regulations, orders, directives, or licenses as may
be issued pursuant to this order, I hereby determine that the
continuation of prohibitions with regard to transactions involving
property blocked pursuant to Executive Orders 12722 or 12724 that
continues to be blocked as of the effective date of this order is
necessary on account of claims involving Iraq.
Sec. 2. The Annex to Executive Order 13315 is replaced and superseded in
its entirety by the Annex to this order.
Sec. 3. I hereby amend Executive Order 13290 by removing ``the national
emergency declared in Executive Order 12722 of August 2, 1990'' and
replacing it with ``the national emergency declared in Executive Order
13303 of March 20, 2003, and expanded in Executive Order 13315 of August
28, 2003''.
Sec. 4. Unless licensed or otherwise authorized pursuant to this order
or otherwise consistent with U.S. law, the trade in or transfer of
ownership or possession of Iraqi cultural property or other items of
archeological, historical, cultural, rare scientific, and religious
importance that were illegally removed, or for which a reasonable
suspicion exists that they were illegally removed, from the Iraq
National Museum, the National Library, and other locations in Iraq since
August 6, 1990, is prohibited.
Sec. 5. I hereby determine that the making of donations of the type
specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by or to
persons determined to be subject to the sanctions imposed by Executive
Order 13315 or by this order would seriously impair my ability to deal
with the national emergency declared in Executive Order 13303, and
expanded by Executive Order 13315, or would endanger the Armed Forces of
the United States that are engaged in hostilities, and I hereby prohibit
such donations as provided in section 1 of Executive Order 13315 as
amended by this order.
Sec. 6. For those persons listed in the Annex to this order or
determined to be subject to Executive Order 13315 or this order who
might have a constitutional presence in the United States, I find that
because of the ability to transfer funds or other assets
instantaneously, prior notice to such persons of measures to be taken
pursuant to this order would render these
[[Page 198]]
measures ineffectual. I therefore determine that for these measures to
be effective in addressing the national emergency declared in Executive
Order 13303, and expanded by Executive Order 13315, there need be no
prior notice of a listing or determination made pursuant to Executive
Order 13315 or this order.
Sec. 7. The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA and UNPA as may be necessary to carry
out the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of the
United States Government consistent with applicable law. All agencies of
the United States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of this
order.
Sec. 8. The Secretary of the Treasury, in consultation with the
Secretary of State, is authorized to determine subsequent to the
issuance of the order, that circumstances no longer warrant the
inclusion of a person in the Annex to this order and that such person is
therefore no longer covered within the scope of the order.
Sec. 9. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities, or entities, officers or employees, or any other
person.
Sec. 10. This order is effective at 12:01 a.m. eastern daylight time on
July 30, 2004. This order shall be transmitted to the Congress and
published in the Federal Register.
George W. Bush
The White House,
July 29, 2004.
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Executive Order 13351 of August 9, 2004
Establishing an Emergency Board To Investigate a Dispute Between the
Southeastern Pennsylvania Transportation Authority and Its Conductors
Represented by the United Transportation Union
A dispute exists between the Southeastern Pennsylvania Transportation
Authority and its conductors represented by the United Transportation
Union.
The dispute has not heretofore been adjusted under the provisions of the
Railway Labor Act, as amended, 45 U.S.C. 151-188 (the ``Act'').
A first emergency board to investigate and report on the dispute was
established on April 12, 2004, by Executive Order 13334 of April 10,
2004. The emergency board terminated upon issuance of its report.
Subsequently, its recommendations were not accepted by the parties.
A party empowered by the Act has requested that the President establish
a second emergency board pursuant to section 9A of the Act (45 U.S.C.
159a).
Section 9A(e) of the Act provides that the President, upon such request,
shall appoint a second emergency board to investigate and report on the
dispute.
NOW, THEREFORE, by the authority vested in me as President by the
Constitution and the laws of the United States, including section 9A of
the Act, it is hereby ordered as follows:
Section 1. Establishment of Emergency Board (``Board''). There is
established, effective August 10, 2004, a Board of three members to be
appointed by the President to investigate and report on this dispute. No
member shall be pecuniarily or otherwise interested in any organization
of railroad employees or any carrier. The Board shall perform its
functions subject to the availability of funds.
Sec. 2. Report. Within 30 days after the creation of the Board, the
parties to the dispute shall submit to the Board final offers for
settlement of the dispute. Within 30 days after the submission of final
offers for settlement of the dispute, the Board shall submit a report to
the President setting forth its selection of the most reasonable offer.
Sec. 3. Maintaining Conditions. As provided by section 9A(h) of the Act,
from the time a request to establish a second emergency board is made
until 60 days after the Board submits its report to the President, the
parties to the controversy shall make no change in the conditions out of
which the dispute arose except by agreement of the parties.
Sec. 4. Records Maintenance. The records and files of the Board are
records of the Office of the President and upon the Board's termination
shall be maintained in the physical custody of the National Mediation
Board.
[[Page 210]]
Sec. 5. Expiration. The Board shall terminate upon the submission of the
report provided for in section 2 of this order.
George W. Bush
The White House,
August 9, 2004.
Executive Order 13352 of August 26, 2004
Facilitation of Cooperative Conservation
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Purpose. The purpose of this order is to ensure that the
Departments of the Interior, Agriculture, Commerce, and Defense and the
Environmental Protection Agency implement laws relating to the
environment and natural resources in a manner that promotes cooperative
conservation, with an emphasis on appropriate inclusion of local
participation in Federal decisionmaking, in accordance with their
respective agency missions, policies, and regulations.
Sec. 2. Definition. As used in this order, the term ``cooperative
conservation'' means actions that relate to use, enhancement, and
enjoyment of natural resources, protection of the environment, or both,
and that involve collaborative activity among Federal, State, local, and
tribal governments, private for-profit and nonprofit institutions, other
nongovernmental entities and individuals.
Sec. 3. Federal Activities. To carry out the purpose of this order, the
Secretaries of the Interior, Agriculture, Commerce, and Defense and the
Administrator of the Environmental Protection Agency shall, to the
extent permitted by law and subject to the availability of
appropriations and in coordination with each other as appropriate:
(a) carry out the programs, projects, and activities of the agency
that they respectively head that implement laws relating to the
environment and natural resources in a manner that:
(i) facilitates cooperative conservation;
(ii) takes appropriate account of and respects the interests of persons
with ownership or other legally recognized interests in land and other
natural resources;
(iii) properly accommodates local participation in Federal
decisionmaking; and
(iv) provides that the programs, projects, and activities are consistent
with protecting public health and safety;
(b) report annually to the Chairman of the Council on Environmental
Quality on actions taken to implement this order; and
(c) provide funding to the Office of Environmental Quality
Management Fund (42 U.S.C. 4375) for the Conference for which section 4
of this order provides.
[[Page 211]]
Sec. 4. White House Conference on Cooperative Conservation. The Chairman
of the Council on Environmental Quality shall, to the extent permitted
by law and subject to the availability of appropriations:
(a) convene not later than 1 year after the date of this order, and
thereafter at such times as the Chairman deems appropriate, a White
House Conference on Cooperative Conservation (Conference) to facilitate
the exchange of information and advice relating to (i) cooperative
conservation and (ii) means for achievement of the purpose of this
order; and
(b) ensure that the Conference obtains information in a manner that
seeks from Conference participants their individual advice and does not
involve collective judgment or consensus advice or deliberation.
Sec. 5. General Provision. This order is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable at
law or in equity by any party against the United States, its
departments, agencies, instrumentalities or entities, its officers,
employees or agents, or any other person.
George W. Bush
The White House,
August 26, 2004.
Executive Order 13353 of August 27, 2004
Establishing the President's Board on Safeguarding Americans' Civil
Liberties
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 strengthen
protections for the rights of Americans in the effective performance of
national security and homeland security functions, it is hereby ordered
as follows:
Section 1. Policy. The United States Government has a solemn obligation,
and shall continue fully, to protect the legal rights of all Americans,
including freedoms, civil liberties, and information privacy guaranteed
by Federal law, in the effective performance of national security and
homeland security functions.
Sec. 2. Establishment of Board. To advance the policy set forth in
section 1 of this order (Policy), there is hereby established the
President's Board on Safeguarding Americans' Civil Liberties (Board).
The Board shall be part of the Department of Justice for administrative
purposes.
Sec. 3. Functions. The Board shall:
(a)
(i) advise the President on effective means to implement the
Policy, and (ii) keep the President informed of the implementation
of the Policy;
(b)
periodically request reports from Federal departments and agencies
relating to policies and procedures that ensure implementation of
the Policy;
(c)
recommend to the President policies, guidelines and other
administrative actions, technologies, and legislation, as necessary
to implement the Policy;
[[Page 212]]
(d)
at the request of the head of any Federal department or agency,
unless the Chair, after consultation with the Vice Chair, declines
the request, promptly review and provide advice on a policy or
action of that department or agency that implicates the Policy;
(e)
obtain information and advice relating to the Policy from
representatives of entities or individuals outside the executive
branch of the Federal Government in a manner that seeks their
individual advice and does not involve collective judgment or
consensus advice or deliberation;
(f)
refer, consistent with section 535 of title 28, United States Code,
credible information pertaining to possible violations of law
relating to the Policy by any Federal employee or official to the
appropriate office for prompt investigation;
(g)
take steps to enhance cooperation and coordination among Federal
departments and agencies in the implementation of the Policy,
including but not limited to working with the Director of the Office
of Management and Budget and other officers of the United States to
review and assist in the coordination of guidelines and policies
concerning national security and homeland security efforts, such as
information collection and sharing; and
(h)
undertake other efforts to protect the legal rights of all
Americans, including freedoms, civil liberties, and information
privacy guaranteed by Federal law, as the President may direct.
Upon the recommendation of the Board, the Attorney General or the
Secretary of Homeland Security may establish one or more committees that
include individuals from outside the executive branch of the Federal
Government, in accordance with applicable law, to advise the Board on
specific issues relating to the Policy. Any such committee shall carry
out its functions separately from the Board.
Sec. 4. Membership and Operation. The Board shall consist exclusively of
the following:
(a)
the Deputy Attorney General, who shall serve as Chair;
(b)
the Under Secretary for Border and Transportation Security,
Department of Homeland Security, who shall serve as Vice Chair;
(c)
the Assistant Attorney General (Civil Rights Division);
(d)
the Assistant Attorney General (Office of Legal Policy);
(e)
the Counsel for Intelligence Policy, Department of Justice;
(f)
the Chair of the Privacy Council, Federal Bureau of Investigation;
(g)
the Assistant Secretary for Information Analysis, Department of
Homeland Security;
(h)
the Assistant Secretary (Policy), Directorate of Border and
Transportation Security, Department of Homeland Security;
(i)
the Officer for Civil Rights and Civil Liberties, Department of
Homeland Security;
(j)
the Privacy Officer, Department of Homeland Security;
(k)
the Under Secretary for Enforcement, Department of the Treasury;
(l)
the Assistant Secretary (Terrorist Financing), Department of the
Treasury;
(m)
the General Counsel, Office of Management and Budget;
(n)
the Deputy Director of Central Intelligence for Community
Management;
(o)
the General Counsel, Central Intelligence Agency;
[[Page 213]]
(p)
the General Counsel, National Security Agency;
(q)
the Under Secretary of Defense for Intelligence;
(r)
the General Counsel of the Department of Defense;
(s)
the Legal Adviser, Department of State;
(t)
the Director, Terrorist Threat Integration Center; and
(u)
such other officers of the United States as the Deputy Attorney
General may from time to time designate.
A member of the Board may designate, to perform the Board or Board
subgroup functions of the member, any person who is part of such
member's department or agency and who is either (i) an officer of the
United States appointed by the President, or (ii) a member of the Senior
Executive Service or the Senior Intelligence Service. The Chair, after
consultation with the Vice Chair, shall convene and preside at meetings
of the Board, determine its agenda, direct its work, and, as appropriate
to deal with particular subject matters, establish and direct subgroups
of the Board that shall consist exclusively of members of the Board. The
Chair may invite, in his discretion, officers or employees of other
departments or agencies to participate in the work of the Board. The
Chair shall convene the first meeting of the Board within 20 days after
the date of this order and shall thereafter convene meetings of the
Board at such times as the Chair, after consultation with the Vice
Chair, deems appropriate. The Deputy Attorney General shall designate an
official of the Department of Justice to serve as the Executive Director
of the Board.
Sec. 5. Cooperation. To the extent permitted by law, all Federal
departments and agencies shall cooperate with the Board and provide the
Board with such information, support, and assistance as the Board,
through the Chair, may request.
Sec. 6. Administration. Consistent with applicable law and subject to
the availability of appropriations, the Department of Justice shall
provide the funding and administrative support for the Board necessary
to implement this order.
Sec. 7. General Provisions. (a) This order shall not be construed to
impair or otherwise affect the authorities of any department, agency,
instrumentality, officer, or employee of the United States under
applicable law, including the functions of the Director of the Office of
Management and Budget relating to budget, administrative, or legislative
proposals.
(b) This order shall be implemented in a manner consistent with
applicable laws and Executive Orders concerning protection of
information, including those for the protection of intelligence sources
and methods, law enforcement information, and classified national
security information, and the Privacy Act of 1974, as amended (5 U.S.C.
552a).
(c) This order is intended only to improve the internal management
of the Federal Government and is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or
in equity, by a party against the United States, or any of its
departments, agencies, instrumentalities, entities, officers, employees,
or agents, or any other person.
George W. Bush
The White House,
August 27, 2004.
[[Page 214]]
Executive Order 13354 of August 27, 2004
National Counterterrorism Center
By the authority vested in me as President by the Constitution and laws
of the United States of America, including section 103(c)(8) of the
National Security Act of 1947, as amended (Act), and to protect the
security of the United States through strengthened intelligence analysis
and strategic planning and intelligence support to operations to counter
transnational terrorist threats against the territory, people, and
interests of the United States of America, it is hereby ordered as
follows:
Section 1. Policy. (a) To the maximum extent consistent with applicable
law, agencies shall give the highest priority to (i) the detection,
prevention, disruption, preemption, and mitigation of the effects of
transnational terrorist activities against the territory, people, and
interests of the United States of America, (ii) the interchange of
terrorism information among agencies, (iii) the interchange of terrorism
information between agencies and appropriate authorities of States and
local governments, and (iv) the protection of the ability of agencies to
acquire additional such information.
(b) Agencies shall protect the freedom, information privacy, and
other legal rights of Americans in the conduct of activities
implementing section 1(a) of this order.
Sec. 2. Establishment of National Counterterrorism Center. (a) There is
hereby established a National Counterterrorism Center (Center).
(b) A Director of the Center shall supervise the Center.
(c) The Director of the Center shall be appointed by the Director of
Central Intelligence with the approval of the President.
(d) The Director of Central Intelligence shall have authority,
direction, and control over the Center and the Director of the Center.
Sec. 3. Functions of the Center. The Center shall have the following
functions:
(a) serve as the primary organization in the United States
Government for analyzing and integrating all intelligence possessed or
acquired by the United States Government pertaining to terrorism and
counterterrorism, excepting purely domestic counterterrorism
information. The Center may, consistent with applicable law, receive,
retain, and disseminate information from any Federal, State, or local
government, or other source necessary to fulfill its responsibilities
concerning the policy set forth in section 1 of this order; and agencies
authorized to conduct counterterrorism activities may query Center data
for any information to assist in their respective responsibilities;
(b) conduct strategic operational planning for counterterrorism
activities, integrating all instruments of national power, including
diplomatic, financial, military, intelligence, homeland security, and
law enforcement activities within and among agencies;
(c) assign operational responsibilities to lead agencies for
counterterrorism activities that are consistent with applicable law and
that support strategic plans to counter terrorism. The Center shall
ensure that agencies have access to and receive intelligence needed to
accomplish their
[[Page 215]]
assigned activities. The Center shall not direct the execution of
operations. Agencies shall inform the National Security Council and the
Homeland Security Council of any objections to designations and
assignments made by the Center in the planning and coordination of
counterterrorism activities;
(d) serve as the central and shared knowledge bank on known and
suspected terrorists and international terror groups, as well as their
goals, strategies, capabilities, and networks of contacts and support;
and
(e) ensure that agencies, as appropriate, have access to and receive
all-source intelligence support needed to execute their counterterrorism
plans or perform independent, alternative analysis.
Sec. 4. Duties of the Director of Central Intelligence. The Director of
Central Intelligence shall:
(a) exercise the authority available by law to the Director of
Central Intelligence to implement this order, including, as appropriate,
the authority set forth in section 102(e)(2)(H) of the Act;
(b) report to the President on the implementation of this order,
within 120 days after the date of this order and thereafter not less
often than annually, including an assessment by the Director of Central
Intelligence of:
(1)
the effectiveness of the United States in implementing the policy
set forth in section 1 of this order, to the extent execution of
that policy is within the responsibilities of the Director of
Central Intelligence;
(2)
the effectiveness of the Center in the implementation of the policy
set forth in section 1 of this order, to the extent execution of
that policy is within the responsibilities of the Director of
Central Intelligence; and
(3)
the cooperation of the heads of agencies in the implementation of
this order; and
(c) ensure the performance of all-source intelligence analysis that,
among other qualities, routinely considers and presents alternative
analytical views to the President, the Vice President in the performance
of executive functions, and other officials of the executive branch as
appropriate.
Sec. 5. Duties of the Director of the Center. In implementing the policy
set forth in section 1 of this order and ensuring that the Center
effectively performs the functions set forth in section 3 of this order,
the Director of the Center shall:
(a) access, as deemed necessary by the Director of the Center for
the performance of the Center's functions, information to which the
Director of the Center is granted access by section 6 of this order;
(b) correlate, analyze, evaluate, integrate, and produce reports on
terrorism information;
(c) disseminate transnational terrorism information, including
current terrorism threat analysis, to the President, the Vice President
in the performance of Executive functions, the Secretaries of State,
Defense, and Homeland Security, the Attorney General, the Director of
Central Intelligence, and other officials of the executive branch as
appropriate;
(d) support the Department of Homeland Security, and the Department
of Justice, and other appropriate agencies, in fulfillment of their
responsibility to disseminate terrorism information, consistent with
applicable law,
[[Page 216]]
Executive Orders and other Presidential guidance, to State and local
government officials, and other entities, and coordinate dissemination
of terrorism information to foreign governments when approved by the
Director of Central Intelligence;
(e) establish both within the Center, and between the Center and
agencies, information systems and architectures for the effective access
to and integration, dissemination, and use of terrorism information from
whatever sources derived;
(f) undertake, as soon as the Director of Central Intelligence
determines it to be practicable, all functions assigned to the Terrorist
Threat Integration Center;
(g) consistent with priorities approved by the President, assist the
Director of Central Intelligence in establishing requirements for the
Intelligence Community for the collection of terrorism information, to
include ensuring military force protection requirements are met;
(h) under the direction of the Director of Central Intelligence, and
in consultation with heads of agencies with organizations in the
Intelligence Community, identify, coordinate, and prioritize
counterterrorism intelligence requirements for the Intelligence
Community; and
(i) identify, together with relevant agencies, specific
counterterrorism planning efforts to be initiated or accelerated to
protect the national security.
Sec. 6. Duties of the Heads of Agencies. (a) To implement the policy set
forth in section 1 of this order:
(i)
the head of each agency that possesses or acquires terrorism
information:
(A)
shall promptly give access to such information to the Director of
the Center, unless prohibited by law (such as section 103(c)(7) of
the Act or Executive Order 12958, as amended) or otherwise directed
by the President;
(B)
shall cooperate in and facilitate the production of reports based
on terrorism information with contents and formats that permit
dissemination that maximizes the utility of the information in
protecting the territory, people, and interests of the United
States; and
(C)
shall cooperate with the Director of Central Intelligence in the
preparation of the report to the President required by section 4 of
this order; and
(ii)
the head of each agency that conducts diplomatic, financial,
military, homeland security, intelligence, or law enforcement
activities relating to counterterrorism shall keep the Director of
the Center fully and currently informed of such activities, unless
prohibited by law (such as section 103(c)(7) of the Act or Executive
Order 12958, as amended) or otherwise directed by the President.
(b) The head of each agency shall, consistent with applicable law,
make available to the Director of the Center such personnel, funding,
and other resources as the Director of Central Intelligence, after
consultation with the head of the agency and with the approval of the
Director of the Office of Management and Budget, may request. In order
to ensure maximum information sharing consistent with applicable law,
each agency representative
[[Page 217]]
to the Center, unless otherwise specified by the Director of Central
Intelligence, shall operate under the authorities of the
representative's agency.
Sec. 7. Definitions. As used in this order:
(a) the term ``agency'' has the meaning set forth for the term
``executive agency'' in section 105 of title 5, United States Code,
together with the Department of Homeland Security, but includes the
Postal Rate Commission and the United States Postal Service and excludes
the Government Accountability Office;
(b) the term ``Intelligence Community'' has the meaning set forth
for that term in section 3.4(f) of Executive Order 12333 of December 4,
1981, as amended;
(c) the terms ``local government'', ``State'', and, when used in a
geographical sense, ``United States'' have the meanings set forth for
those terms in section 2 of the Homeland Security Act of 2002 (6 U.S.C.
101); and
(d) the term ``terrorism information'' means all information,
whether collected, produced, or distributed by intelligence, law
enforcement, military, homeland security, or other United States
Government activities, relating to (i) the existence, organization,
capabilities, plans, intentions, vulnerabilities, means of finance or
material support, or activities of foreign or international terrorist
groups or individuals, or of domestic groups or individuals involved in
transnational terrorism; (ii) threats posed by such groups or
individuals to the United States, United States persons, or United
States interests, or to those of other nations; (iii) communications of
or by such groups or individuals; or (iv) information relating to groups
or individuals reasonably believed to be assisting or associated with
such groups or individuals.
Sec. 8. General Provisions. (a) This order:
(i)
shall be implemented in a manner consistent with applicable law,
including Federal law protecting the information privacy and other
legal rights of Americans, and subject to the availability of
appropriations;
(ii)
shall be implemented in a manner consistent with the authority of
the principal officers of agencies as heads of their respective
agencies, including under section 199 of the Revised Statutes (22
U.S.C. 2651), section 201 of the Department of Energy Reorganization
Act (42 U.S.C. 7131), section 102(a) of the Homeland Security Act of
2002 (6 U.S.C. 112(a)), and sections 301 of title 5, 113(b) and
162(b) of title 10, 503 of title 28, and 301(b) of title 31, United
States Code; and
(iii)
shall not be construed to impair or otherwise affect the functions
of the Director of the Office of Management and Budget relating to
budget, administrative, and legislative proposals.
(b) This order and amendments made by this order are intended only
to improve the internal management of the Federal Government and are not
intended to, and do not, create any rights or benefits, substantive or
procedural, enforceable at law or in equity by a party against the
United States,
[[Page 218]]
its departments, agencies, instrumentalities, or entities, its officers,
employees, or agents, or any other person.
George W. Bush
The White House,
August 27, 2004.
Executive Order 13355 of August 27, 2004
Strengthened Management of the Intelligence Community
By the authority vested in me as President by the Constitution and laws
of the United States of America, including section 103(c)(8) of the
National Security Act of 1947, as amended (Act), and in order to further
strengthen the effective conduct of United States intelligence
activities and protect the territory, people, and interests of the
United States of America, including against terrorist attacks, it is
hereby ordered as follows:
Section 1. Strengthening the Authority of the Director of Central
Intelligence. The Director of Central Intelligence (Director) shall
perform the functions set forth in this order to ensure an enhanced
joint, unified national intelligence effort to protect the national
security of the United States. Such functions shall be in addition to
those assigned to the Director by law, Executive Order, or Presidential
directive.
Sec. 2. Strengthened Role in National Intelligence. Executive Order
12333 of December 4, 1981, as amended, is further amended as follows:
(a) Subsection 1.5(a) is amended to read:
``(a)(1) Act as the principal adviser to the President for intelligence
matters related to the national security;
``(2) Act as the principal adviser to the National Security Council and
Homeland Security Council for intelligence matters related to the national
security; and
(b) Subsection 1.5(b) is amended to read:
``(b)(1) Develop such objectives and guidance for the Intelligence
Community necessary, in the Director's judgment, to ensure timely and
effective collection, processing, analysis, and dissemination of
intelligence, of whatever nature and from whatever source derived,
concerning current and potential threats to the security of the United
States and its interests, and to ensure that the National Foreign
Intelligence Program (NFIP) is structured adequately to achieve these
requirements; and
``(2) Working with the Intelligence Community, ensure that United States
intelligence collection activities are integrated in: (i) collecting
against enduring and emerging national security intelligence issues; (ii)
maximizing the value to the national security; and (iii) ensuring that all
collected data is available to the maximum extent practicable for
integration, analysis, and dissemination to those who can act on, add value
to, or otherwise apply it to mission needs.''
(c) Subsection 1.5(g) is amended to read:
[[Page 219]]
``(g)(1) Establish common security and access standards for managing and
handling intelligence systems, information, and products, with special
emphasis on facilitating:
``(A) the fullest and most prompt sharing of information practicable,
assigning the highest priority to detecting, preventing, preempting, and
disrupting terrorist threats against our homeland, our people, our allies,
and our interests; and
``(B) the establishment of interface standards for an interoperable
information sharing enterprise that facilitates the automated sharing of
intelligence information among agencies within the Intelligence Community.
``(2) (A) Establish, operate, and direct national centers with respect to
matters determined by the President for purposes of this subparagraph to be
of the highest national security priority, with the functions of analysis
and planning (including planning for diplomatic, financial, military,
intelligence, homeland security, and law enforcement activities, and
integration of such activities among departments and agencies) relating to
such matters.
``(B) The countering of terrorism within the United States, or against
citizens of the United States, our allies, and our interests abroad, is
hereby determined to be a matter of the highest national security priority
for purposes of subparagraph (2)(A) of this subsection.''
``(3) Ensure that appropriate agencies and departments have access to and
receive all-source intelligence support needed to perform independent,
alternative analysis.''
(d) Subsection 1.5(m) is amended to read:
``(m)(1) Establish policies, procedures, and mechanisms that translate
intelligence objectives and priorities approved by the President into
specific guidance for the Intelligence Community.
``(2) In accordance with objectives and priorities approved by the
President, establish collection requirements for the Intelligence
Community, determine collection priorities, manage collection tasking, and
resolve conflicts in the tasking of national collection assets (except when
otherwise directed by the President or when the Secretary of Defense
exercises collection tasking authority under plans and arrangements
approved by the Secretary of Defense and the Director) of the Intelligence
Community.''
``(3) Provide advisory tasking concerning collection of intelligence
information to elements of the United States Government that have
information collection capabilities and are not organizations within the
Intelligence Community.
``(4) The responsibilities in subsections 1.5(m)(2) and (3) apply, to the
maximum extent consistent with applicable law, whether information is to be
collected inside or outside the United States.''
(e) Subsection 1.6(a) is amended to read:
``(a) The heads of all departments and agencies shall:
``(1) Unless the Director provides otherwise, give the Director
access to all foreign intelligence, counterintelligence, and
national intelligence, as defined in the Act, that is relevant
to transnational terrorist
[[Page 220]]
threats and weapons of mass destruction proliferation threats,
including such relevant intelligence derived from activities of
the FBI, DHS, and any other department or agency, and all other
information that is related to the national security or that
otherwise is required for the performance of the Director's
duties, except such information that is prohibited by law, by
the President, or by the Attorney General acting under this
order at the direction of the President from being provided to
the Director. The Attorney General shall agree to procedures
with the Director pursuant to section 3(5)(B) of the Act no
later than 90 days after the issuance of this order that ensure
the Director receives all such information;
``(2) support the Director in developing the NFIP;
``(3) ensure that any intelligence and operational systems and
architectures of their departments and agencies are consistent
with national intelligence requirements set by the Director and
all applicable information sharing and security guidelines, and
information privacy requirements; and
``(4) provide, to the extent permitted by law, subject to the
availability of appropriations, and not inconsistent with the
mission of the department or agency, such further support to the
Director as the Director may request, after consultation with
the head of the department or agency, for the performance of the
Director's functions.''
Sec. 3. Strengthened Control of Intelligence Funding. Executive Order
12333 is further amended as follows:
(a) Subsections 1.5(n), (o), and (p) are amended to read as follows:
``(n)(1) Develop, determine, and present with the advice of the heads of
departments or agencies that have an organization within the Intelligence
Community, the annual consolidated NFIP budget. The Director shall be
responsible for developing an integrated and balanced national intelligence
program that is directly responsive to the national security threats facing
the United States. The Director shall submit such budget (accompanied by
dissenting views, if any, of the head of a department or agency that has an
organization within the Intelligence Community) to the President for
approval; and
``(2) Participate in the development by the Secretary of Defense of the
annual budgets for the Joint Military Intelligence Program (JMIP) and the
Tactical Intelligence and Related Activities (TIARA) Program.
``(o)(1) Transfer, consistent with applicable law and with the approval
of the Director of the Office of Management and Budget, funds from an
appropriation for the NFIP to another appropriation for the NFIP or to
another NFIP component;
``(2) Review, and approve or disapprove, consistent with applicable law,
any proposal to: (i) reprogram funds within an appropriation for the NFIP;
(ii) transfer funds from an appropriation for the NFIP to an appropriation
that is not for the NFIP within the Intelligence Community; or (iii)
transfer funds from an appropriation that is not for the NFIP within the
Intelligence Community to an appropriation for the NFIP; and
[[Page 221]]
``(3) Monitor and consult with the Secretary of Defense on reprogrammings
or transfers of funds within, into, or out of, appropriations for the JMIP
and the TIARA Program.
``(p)(1) Monitor implementation and execution of the NFIP budget by the
heads of departments or agencies that have an organization within the
Intelligence Community, including, as necessary, by conducting program and
performance audits and evaluations;
``(2) Monitor implementation of the JMIP and the TIARA Program and advise
the Secretary of Defense thereon; and
``(3) After consultation with the heads of relevant departments, report
periodically, and not less often than semiannually, to the President on the
effectiveness of implementation of the NFIP Program by organizations within
the Intelligence Community, for which purpose the heads of departments and
agencies shall ensure that the Director has access to programmatic,
execution, and other appropriate information.''
Sec. 4. Strengthened Role in Selecting Heads of Intelligence
Organizations. With respect to a position that heads an organization
within the Intelligence Community:
(a) if the appointment to that position is made by the head of the
department or agency or a subordinate thereof, no individual shall be
appointed to such position without the concurrence of the Director;
(b) if the appointment to that position is made by the President
alone, any recommendation to the President to appoint an individual to
that position shall be accompanied by the recommendation of the Director
with respect to the proposed appointment; and
(c) if the appointment to that position is made by the President, by
and with the advice and consent of the Senate, any recommendation to the
President for nomination of an individual for that position shall be
accompanied by the recommendation of the Director with respect to the
proposed nomination.
Sec. 5. Strengthened Control of Standards and Qualifications. The
Director shall issue, after coordination with the heads of departments
and agencies with an organization in the Intelligence Community, and not
later than 120 days after the date of this order, and thereafter as
appropriate, standards and qualifications for persons engaged in the
performance of United States intelligence activities, including but not
limited to:
(a) standards for training, education, and career development of
personnel within organizations in the Intelligence Community, and for
ensuring compatible personnel policies and an integrated professional
development and education system across the Intelligence Community,
including standards that encourage and facilitate service in multiple
organizations within the Intelligence Community and make such rotated
service a factor to be considered for promotion to senior positions;
(b) standards for attracting and retaining personnel who meet the
requirements for effective conduct of intelligence activities;
(c) standards for common personnel security policies among
organizations within the Intelligence Community; and
[[Page 222]]
(d) qualifications for assignment of personnel to centers
established under section 1.5(g)(2) of Executive Order 12333, as amended
by section 2 of this order.
Sec. 6. Technical Corrections. Executive Order 12333 is further amended
as follows:
(a) The preamble is amended by, after ``amended'', inserting
``(Act)''.
(b) Subsection 1.3(a)(4) is amended by, after ``governments'',
inserting ``and organizations''.
(c) Subsection 1.4(a) is amended by, after ``needed by the
President'', inserting ``and, in the performance of Executive functions,
the Vice President,''.
(d) Subsection 1.7(c) is amended by striking ``the Director of
Central Intelligence and'' and by striking ``their respective'' and
inserting ``its''.
(e) Subsection 1.8(c) is amended by, after ``agreed upon'',
inserting ``by''.
(f) Subsection 1.8(i) is amended by striking ``and through'' and
inserting in lieu thereof ``through''.
(g) Subsection 1.10 is amended by:
(i) striking ``The Department of the Treasury. The Secretary of the
Treasury shall:'' and inserting in lieu thereof ``The Department of the
Treasury and the Department of Homeland Security. The Secretary of the
Treasury, with respect to subsections (a), (b), and (c), and the Secretary
of Homeland Security with respect to subsection (d), shall:'';
(ii) in subparagraph (d), after ``used against the President'' inserting
``or the Vice President''; and
(iii) in subparagraph (d), striking ``the Secretary of the Treasury''
both places it appears and inserting in lieu thereof in both places ``the
Secretary of Homeland Security''.
(h) Subsection 2.4(c)(1) is amended by striking ``present of
former'' and inserting in lieu thereof ``present or former''.
(i) Subsection 3.1 is amended by:
(i) striking ``as provided in title 50, United States Code, section 413''
and inserting in lieu thereof ``implemented in accordance with applicable
law, including title V of the Act''; and
(ii) striking ``section 662 of the Foreign Assistance Act of 1961 as
amended (22 U.S.C. 2422), and section 501 of the National Security Act of
1947, as amended (50 U.S.C. 413),'' and inserting in lieu thereof
``applicable law, including title V of the Act,''.
(j) Subsection 3.4(b) is amended by striking ``visably'' and
inserting in lieu thereof ``visibly''.
(k) Subsection 3.4(f) is amended:
(i) after ``agencies within the Intelligence Community'', by inserting
``, or organizations within the Intelligence Community'';
(ii) in paragraph (8), by striking ``Those'' and inserting in lieu
thereof ``The intelligence elements of the Coast Guard and those''; and
[[Page 223]]
(iii) by striking the ``and'' at the end of paragraph (7), striking the
period at the end of paragraph (8) and inserting in lieu thereof ``; and'',
and adding at the end thereof ``(9) National Geospatial-Intelligence
Agency''.
Sec. 7. General Provisions.
(a) This order and the amendments made by this order:
(i) shall be implemented in a manner consistent with applicable law and
subject to the availability of appropriations;
(ii) shall be implemented in a manner consistent with the authority of
the principal officers of the executive departments as heads of their
respective departments, including under section 199 of the Revised Statutes
(22 U.S.C. 2651), section 201 of the Department of Energy Reorganization
Act (42 U.S.C. 7131), section 102(a) of the Homeland Security Act of 2002
(6 U.S.C. 112(a)), and sections 301 of title 5, 113(b) and 162(b) of title
10, 503 of title 28, and 301(b) of title 31, United States Code; and
(iii) shall not be construed to impair or otherwise affect the functions
of the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals.
(b) Nothing in section 4 of this order limits or otherwise affects--
(i) the appointment of an individual to a position made before the date
of this order; or
(ii) the power of the President as an appointing authority to terminate
an appointment.
(c) Nothing in this order shall be construed to impair or otherwise
affect any authority to provide intelligence to the President, the Vice
President in the performance of Executive functions, and other officials
in the executive branch.
(d) This order and amendments made by this order are intended only
to improve the internal management of the Federal Government and are not
intended to, and do not, create any rights or benefits, substantive or
procedural, enforceable at law or in equity by a party against the
United States, its departments, agencies, instrumentalities, or
entities, its officers, employees, or agents, or any other person.
George W. Bush
The White House,
August 27, 2004.
Executive Order 13356 of August 27, 2004
Strengthening the Sharing of Terrorism Information To Protect Americans
By the authority vested in me as President by the Constitution and laws
of the United States of America, and in order to further strengthen the
effective conduct of United States intelligence activities and protect
the territory, people, and interests of the United States of America,
including against terrorist attacks, it is hereby ordered as follows:
[[Page 224]]
Section 1. Policy. To the maximum extent consistent with applicable law,
agencies shall, in the design and use of information systems and in the
dissemination of information among agencies:
(a) give the highest priority to (i) the detection, prevention,
disruption, preemption, and mitigation of the effects of terrorist
activities against the territory, people, and interests of the United
States of America, (ii) the interchange of terrorism information among
agencies, (iii) the interchange of terrorism information between
agencies and appropriate authorities of States and local governments,
and (iv) the protection of the ability of agencies to acquire additional
such information; and
(b) protect the freedom, information privacy, and other legal rights
of Americans in the conduct of activities implementing subsection (a).
Sec. 2. Duty of Heads of Agencies Possessing or Acquiring Terrorism
Information. To implement the policy set forth in section 1 of this
order, the head of each agency that possesses or acquires terrorism
information:
(a) shall promptly give access to the terrorism information to the
head of each other agency that has counterterrorism functions, and
provide the terrorism information to each such agency in accordance with
the standards and information sharing guidance issued pursuant to this
order, unless otherwise directed by the President, and consistent with
(i) the statutory responsibilities of the agencies providing and
receiving the information, (ii) any guidance issued by the Attorney
General to fulfill the policy set forth in subsection 1(b) of this
order, and (iii) other applicable law, including section 103(c)(7) of
the National Security Act of 1947, section 892 of the Homeland Security
Act of 2002, Executive Order 12958 of April 17, 1995, as amended, and
Executive Order 13311 of July 29, 2003;
(b) shall cooperate in and facilitate production of reports based on
terrorism information with contents and formats that permit
dissemination that maximizes the utility of the information in
protecting the territory, people, and interests of the United States;
and
(c) shall facilitate implementation of the plan developed by the
Information Systems Council established by section 5 of this order.
Sec. 3. Preparing Terrorism Information for Maximum Distribution within
Intelligence Community. To assist in expeditious and effective
implementation by agencies within the Intelligence Community of the
policy set forth in section 1 of this order, the Director of Central
Intelligence shall, in consultation with the Attorney General and the
other heads of agencies within the Intelligence Community, set forth not
later than 90 days after the date of this order, and thereafter as
appropriate, common standards for the sharing of terrorism information
by agencies within the Intelligence Community with (i) other agencies
within the Intelligence Community, (ii) other agencies having
counterterrorism functions, and (iii) through or in coordination with
the Department of Homeland Security, appropriate authorities of State
and local governments. These common standards shall improve information
sharing by such methods as:
(a) requiring, at the outset of the intelligence collection and
analysis process, the creation of records and reporting, for both raw
and processed information including, for example, metadata and content,
in such a manner that sources and methods are protected so that the
information can be distributed at lower classification levels, and by
creating unclassified versions for distribution whenever possible;
[[Page 225]]
(b) requiring records and reports related to terrorism information
to be produced with multiple versions at an unclassified level and at
varying levels of classification, for example on an electronic tearline
basis, allowing varying degrees of access by other agencies and
personnel commensurate with their particular security clearance levels
and special access approvals;
(c) requiring terrorism information to be shared free of originator
controls, including, for example, controls requiring the consent of the
originating agency prior to the dissemination of the information outside
any other agency to which it has been made available, to the maximum
extent permitted by applicable law, Executive Orders, or Presidential
guidance;
(d) minimizing the applicability of information compartmentalization
systems to terrorism information, to the maximum extent permitted by
applicable law, Executive Orders, and Presidential guidance; and
(e) ensuring the establishment of appropriate arrangements providing
incentives for, and holding personnel accountable for, increased sharing
of terrorism information, consistent with requirements of the Nation's
security and with applicable law, Executive Orders, and Presidential
guidance.
Sec. 4. Requirements for Collection of Terrorism Information Inside the
United States. (a) The Attorney General, the Secretary of Homeland
Security, and the Director of Central Intelligence shall, not later than
90 days after the date of this order, jointly submit to the President,
through the Assistants to the President for National Security Affairs
and Homeland Security, their recommendation on the establishment of
executive branch-wide collection and sharing requirements, procedures,
and guidelines for terrorism information to be collected within the
United States, including, but not limited to, from publicly available
sources, including nongovernmental databases.
(b) The recommendation submitted under subsection (a) of this
section shall also:
(i) address requirements and guidelines for the collection and sharing of
other information necessary to protect the territory, people, and interests
of the United States; and
(ii) propose arrangements for ensuring that officers of the United States
with responsibilities for protecting the territory, people, and interests
of the United States are provided with clear, understandable, consistent,
effective, and lawful procedures and guidelines for the collection,
handling, distribution, and retention of information.
Sec. 5. Establishment of Information Systems Council. (a) There is
established an Information Systems Council (Council), chaired by a
designee of the Director of the Office of Management and Budget, and
composed exclusively of designees of: the Secretaries of State, the
Treasury, Defense, Commerce, Energy, and Homeland Security; the Attorney
General; the Director of Central Intelligence; the Director of the
Federal Bureau of Investigation; the Director of the National
Counterterrorism Center, once that position is created and filled (and
until that time the Director of the Terrorism Threat Integration
Center); and such other heads of departments or agencies as the Director
of the Office of Management and Budget may designate.
[[Page 226]]
(b) The mission of the Council is to plan for and oversee the
establishment of an interoperable terrorism information sharing
environment to facilitate automated sharing of terrorism information
among appropriate agencies to implement the policy set forth in section
1 of this order.
(c) Not later than 120 days after the date of this order, the
Council shall report to the President through the Assistants to the
President for National Security Affairs and Homeland Security, on a
plan, with proposed milestones, timetables for achieving those
milestones, and identification of resources, for the establishment of
the proposed interoperable terrorism information sharing environment.
The plan shall, at a minimum:
(i) describe and define the parameters of the proposed interoperable
terrorism information sharing environment, including functions,
capabilities, and resources;
(ii) identify and, as appropriate, recommend the consolidation and
elimination of current programs, systems, and processes used by agencies to
share terrorism information, and recommend as appropriate the redirection
of existing resources to support the interoperable terrorism information
sharing environment;
(iii) identify gaps, if any, between existing technologies, programs, and
systems used by agencies to share terrorism information and the parameters
of the proposed interoperable terrorism information sharing environment;
(iv) recommend near-term solutions to address any such gaps until the
interoperable terrorism information sharing environment can be established;
(v) recommend a plan for implementation of the interoperable terrorism
information sharing environment, including roles and responsibilities,
measures of success, and deadlines for the development and implementation
of functions and capabilities from the initial stage to full operational
capability;
(vi) recommend how the proposed interoperable terrorism information
sharing environment can be extended to allow interchange of terrorism
information between agencies and appropriate authorities of States and
local governments; and
(vii) recommend whether and how the interoperable terrorism information
sharing environment should be expanded, or designed so as to allow future
expansion, for purposes of encompassing other categories of intelligence
and information.
Sec. 6. Definitions. As used in this order:
(a) the term ``agency'' has the meaning set forth for the term
``executive agency'' in section 105 of title 5, United States Code,
together with the Department of Homeland Security, but includes the
Postal Rate Commission and the United States Postal Service and excludes
the Government Accountability Office;
(b) the terms ``Intelligence Community'' and ``agency within the
Intelligence Community'' have the meanings set forth for those terms in
section 3.4(f) of Executive Order 12333 of December 4, 1981, as amended;
(c) the terms ``local government,'' ``State,'' and, when used in a
geographical sense, ``United States,'' have the meanings set forth for
those
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terms in section 2 of the Homeland Security Act of 2002 (6 U.S.C. 101);
and
(d) the term ``terrorism information'' means all information,
whether collected, produced, or distributed by intelligence, law
enforcement, military, homeland security, or other United States
Government activities, relating to (i) the existence, organization,
capabilities, plans, intentions, vulnerabilities, means of finance or
material support, or activities of foreign or international terrorist
groups or individuals, or of domestic groups or individuals involved in
transnational terrorism; (ii) threats posed by such groups or
individuals to the United States, United States persons, or United
States interests, or to those of other nations; (iii) communications of
or by such groups or individuals; or (iv) information relating to groups
or individuals reasonably believed to be assisting or associated with
such groups or individuals.
Sec. 7. General Provisions. (a) This order:
(i) shall be implemented in a manner consistent with applicable law,
including Federal law protecting the information privacy and other legal
rights of Americans, and subject to the availability of appropriations;
(ii) shall be implemented in a manner consistent with the authority of
the principal officers of agencies as heads of their respective agencies,
including under section 199 of the Revised Statutes (22 U.S.C. 2651),
section 201 of the Department of Energy Reorganization Act (42 U.S.C.
7131), section 102(a) of the National Security Act of 1947 (50 U.S.C.
403(a)), section 102(a) of the Homeland Security Act of 2002 (6 U.S.C.
112(a)), and sections 301 of title 5, 113(b) and 162(b) of title 10, 1501
of title 15, 503 of title 28, and 301(b) of title 31, United States Code;
and
(iii) shall not be construed to impair or otherwise affect the functions
of the Director of the Office of Management and Budget relating to budget,
administrative, and legislative proposals.
(b) This order is intended only to improve the internal management
of the Federal Government and is not intended to, and does not, create
any rights or benefits, substantive or procedural, enforceable at law or
in equity by a party against the United States, its departments,
agencies, instrumentalities, or entities, its officers, employees, or
agents, or any other person.
George W. Bush
The White House,
August 27, 2004.
Executive Order 13357 of September 20, 2004
Termination of Emergency Declared in Executive Order 12543 With Respect
to the Policies and Actions of the Government of Libya and Revocation of
Related Executive Orders
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency
[[Page 228]]
Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National
Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United
Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA), sections
504 and 505 of the International Security and Development Cooperation
Act (22 U.S.C. 2349aa-8 and 2349aa-9), section 40106 of title 49, United
States Code, and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, find that
the situation that gave rise to the declaration of a national emergency
in Executive Order 12543 of January 7, 1986, with respect to the
policies and actions of the Government of Libya, and that led to the
steps taken in that order and in Executive Order 12544 of January 8,
1986, and Executive Order 12801 of April 15, 1992, has been
significantly altered by Libya's commitments and actions to eliminate
its weapons of mass destruction programs and its Missile Technology
Control Regime (MTCR) -class missiles, and by other developments.
Accordingly, I hereby terminate the national emergency declared in
Executive Order 12543, and revoke that Executive Order, Executive Order
12544, and Executive Order 12801. I also hereby revoke Executive Order
12538 of November 15, 1985, and further order:
Section 1. Pursuant to section 202(a) of the NEA (50 U.S.C. 1622(a)),
termination of the national emergency declared in Executive Order 12543
with respect to the policies and actions of the Government of Libya
shall not affect any action taken or proceeding pending not finally
concluded or determined as of the effective date of this order, any
action or proceeding based on any act committed prior to such date, or
any rights or duties that matured or penalties that were incurred prior
to such date.
Sec. 2. This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities, or entities, its officers or employees, or any other
person.
Sec. 3. (a) This order is effective at 12:01 a.m. eastern daylight time
on September 21, 2004.
(b) This order shall be transmitted to the Congress and published in
the Federal Register.
George W. Bush
The White House,
September 20, 2004.
Executive Order 13358 of September 28, 2004
Assignment of Functions Relating to Certain Appointments, Promotions,
and Commissions in the Armed Forces
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Assignment of Functions to the Secretary of Defense. The
Secretary of Defense shall perform, except with respect to the Coast
Guard during any period in which it is not operating as a service in the
Navy, the
[[Page 229]]
functions of the President under the following provisions of title 10,
United States Code:
(a) subsection 1521(a);
(b) the first sentence of subsection 12203(a);
(c) the first sentence of subsection 14111(a), except with respect
to reports relating to the grades of brigadier general or above, or rear
admiral (lower half) or above; and
(d) subsection 14310(a), except with respect to removals relating to
a promotion list for grades of brigadier general or above, or rear
admiral (lower half) or above.
Sec. 2. Assignment of Functions to the Secretary of Homeland Security.
The Secretary of Homeland Security shall perform, with respect to the
Coast Guard during any period in which it is not operating as a service
in the Navy, the functions assigned to the President by the following
provisions of the United States Code:
(a) subsection 1521(a) of title 10;
(b) the first sentence of subsection 12203(a) of title 10;
(c) subsection 729(g) of title 14, except with respect to approval
of, or removal of a name from, a report relating to the grades of rear
admiral (lower half) or above; and
(d) subsection 738(a) of title 14, except with respect to removals
relating to a promotion list for grades of rear admiral (lower half) or
above.
Sec. 3. Reassignment of Functions Assigned. The Secretary of Defense and
the Secretary of Homeland Security may reassign the functions assigned
to them by this order to civilian officers, within their respective
departments, who hold a position for which the President makes an
appointment by and with the advice and consent of the Senate, except
that the Secretary of Defense and the Secretary of Homeland Security may
not reassign the functions assigned by sections 1(b) and 2(b),
respectively. The Secretary of Defense may not reassign the function
assigned by section 1(c) of this order except to such an officer within
the Office of the Secretary of Defense (as defined in section 131(b) of
title 10).
Sec. 4. General Provisions. (a) This order shall take effect on October
1, 2004.
(b) Nothing in this order shall be construed to limit or otherwise
affect the authority of the President as Commander in Chief of the Armed
Forces of the United States, or under the Constitution and laws of the
United States to nominate or to make or terminate appointments.
(c) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
entities, officers, employees or agents, or any other person.
George W. Bush
The White House,
September 28, 2004.
[[Page 230]]
Executive Order 13359 of October 20, 2004
Amendment to Executive Order 13173, Interagency Task Force on the
Economic Development of the Central San Joaquin Valley
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to improve the
operation of the Interagency Task Force on the Economic Development of
the Central San Joaquin Valley, it is hereby ordered that Executive
Order 13173 of October 25, 2000, is amended as follows:
Section 1. Section 1(b) is amended to read as follows:
``The Task Force shall consist exclusively of the Secretary of
Agriculture, the Secretary of Commerce, the Secretary of Defense, the
Attorney General, the Secretary of the Interior, the Secretary of
Education, the Secretary of Health and Human Services, the Secretary of
Housing and Urban Development, the Secretary of Energy, the Secretary of
Labor, the Secretary of Transportation, the Secretary of the Treasury,
the Director of the Office of Management and Budget, the Director of
National Drug Control Policy, the Administrator of General Services, the
Administrator of the Small Business Administration, the Administrator of
the Environmental Protection Agency, or their designees, and such other
senior executive branch officials as may be determined by the Task
Force. The Chair of the Task Force shall be the Secretary of Housing and
Urban Development. Each of the Federal departments and agencies, as
appropriate, shall designate one staff person, for the years 2004
through 2006, to work on issues of the Task Force and to ensure the
participation of the staff person's department or agency in the
operations of the Task Force.''
Sec. 2. Section 1(c)(1) is amended by inserting ``regulations,'' after
``analyze''.
Sec. 3. Section 5 is amended to read as follows:
``Judicial Review. This order is intended only to improve the
internal management of the Federal Government and is not intended to,
and does not, create any right, benefit, or trust responsibility,
substantive or procedural, enforceable at law or in equity by a party
against the United States, its agencies, entities, its officers or
employees, or any other person.''
George W. Bush
The White House,
October 20, 2004.
[[Page 231]]
Executive Order 13360 of October 20, 2004
Providing Opportunities for Service-Disabled Veteran Businesses To
Increase Their Federal Contracting and Subcontracting
By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to strengthen
opportunities in Federal contracting for service-disabled veteran
businesses, it is hereby ordered as follows:
Section 1. Policy. America honors the extraordinary service rendered to
the United States by veterans with disabilities incurred or aggravated
in the line of duty during active service with the armed forces. Heads
of agencies shall provide the opportunity for service-disabled veteran
businesses to significantly increase the Federal contracting and
subcontracting of such businesses. To achieve that objective, agencies
shall more effectively implement section 15(g) of the Small Business Act
(15 U.S.C. 644(g)), which provides that the President must establish a
goal of not less than 3 percent for participation by service-disabled
veteran businesses in Federal contracting, and section 36 of that Act
(15 U.S.C. 657f), which gives agency contracting officers the authority
to reserve certain procurements for service-disabled veteran businesses.
Sec. 2. Duties of Agency Heads. To implement the policy set forth in
section 1, heads of agencies shall:
(a) develop a strategy to implement the policy set forth in section
1;
(b) make the agency's strategy publicly available and report
annually to the Administrator of the Small Business Administration on
implementation of the agency's strategy;
(c) designate a senior-level official who shall be responsible for
developing and implementing the agency's strategy;
(d) include development and implementation of the agency's strategy
and achievements in furtherance of the strategy as significant elements
in any performance plans of the agency's designated agency senior-level
official, chief acquisition officer, and director of small and
disadvantaged business utilization; and
(e) include in the agency's strategy plans for:
(i) reserving agency contracts exclusively for service-disabled veteran
businesses;
(ii) encouraging and facilitating participation by service-disabled
veteran businesses in competitions for award of agency contracts;
(iii) encouraging agency contractors to subcontract with service-
disabled veteran businesses and actively monitoring and evaluating agency
contractors' efforts to do so;
(iv) training agency personnel on applicable law and policies relating
to participation of service-disabled veteran businesses in Federal
contracting; and
[[Page 232]]
(v) disseminating information to service-disabled veteran businesses
that would assist these businesses in participating in awards of agency
contracts.
Sec. 3. Additional Duties of Administrator of the Small Business
Administration. The Administrator of the Small Business Administration
shall:
(a) designate an appropriate entity within the Small Business
Administration that shall, in coordination with the Veterans Affairs'
Center for Veterans Enterprise (CVE), provide to service-disabled
veteran businesses information and assistance concerning participation
in Federal contracting;
(b) advise and assist heads of agencies in their implementation of
section 2 of this order; and
(c) make available to service-disabled veteran businesses training
in Federal contracting law, procedures, and practices that would assist
such businesses in participating in Federal contracting.
Sec. 4. Additional Duties of Administrator of General Services. The
Administrator of General Services shall:
(a) establish a Government-wide Acquisition Contract reserved for
participation by service-disabled veteran businesses; and
(b) assist service-disabled veteran businesses to be included in
Federal Supply Schedules.
Sec. 5. Additional Duties of the Secretary of Defense. The Secretary of
Defense shall direct the Defense Acquisition University (DAU) to develop
training on contracting with service-disabled veteran businesses and
make this training available on line through the DAU continuous learning
program.
Sec. 6. Additional Duties of the Secretary of Veterans Affairs. The
Secretary of Veterans Affairs shall assist agencies by making available
services of the CVE and assist in verifying the accuracy of contractor
registration databases with regard to service-disabled veteran
businesses.
Sec. 7. Additional Duties of the Secretary of Labor and Secretary of
Veterans Affairs. The Secretary of Labor and Secretary of Veterans
Affairs shall, respectively, direct the Transition Assistance Program
and the Disability Transition Assistance Program to educate separating
service members as to the benefits available to service-disabled veteran
businesses and as to potential entrepreneurial opportunities.
Sec. 8. Definitions. As used in this order:
(a) the term ``agency'' means an ``executive agency'' as that term
is defined in section 105 of title 5, United States Code, excluding an
executive agency that has fewer than 500 employees, the Government
Accountability Office, or a Government corporation;
(b) the term ``service-disabled'' means, with respect to disability,
that the disability was incurred or aggravated in the line of duty in
the active service in the United States Armed Forces;
(c) the term ``service-disabled veteran'' means a veteran, as
defined in 38 U.S.C. 101(2), with a disability that is service-
connected, as defined in 38 U.S.C. 101(16);
[[Page 233]]
(d) the term ``service-disabled veteran business'' means a small
business concern owned and controlled by service-disabled veterans, as
defined in section 3(q) of the Small Business Act (15 U.S.C. 632(q));
and
(e) the term ``small business concern'' has the meaning specified in
section 3(a) of the Small Business Act (15 U.S.C. 632(a)) and the
definitions and standards issued under that section.
Sec. 9. General Provisions. (a) Heads of agencies shall carry out duties
assigned by sections 3, 4, 5, 6, and 7 of this order to the extent
consistent with applicable law and subject to the availability of
appropriations.
(b) To the extent permitted by law, an agency shall disclose
personally identifying information on service-disabled veterans to other
agencies who require such information in order to discharge their
responsibilities under this order.
(c) An agency that consists of a multi-member commission shall
implement this order to the extent it determines appropriate to the
accomplishment of the agency's mission.
(d) This order is not intended to, and does not, create any right or
benefit, substantive or procedural, enforceable at law or in equity by
any party against the United States, its departments, agencies,
instrumentalities or entities, its officers, employees or agents, or any
other person.
George W. Bush
The White House,
October 20, 2004.
Executive Order 13361 of November 16, 2004
Assignment of Functions Under the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 301 of title 3,
United States Code, it is hereby ordered as follows:
Section 1. Executive Order 12163 of September 29, 1979, as amended, is
further amended as follows:
(a) in subsection 1-100(a), by striking the period at the end of
paragraph (15), by inserting a semicolon at the end of paragraph (15),
and by adding at the end thereof the following new paragraph:
``(16) the United States Leadership Against HIV/AIDS, Tuberculosis, and
Malaria Act of 2003 (Public Law 108-25)(the ``HIV/AIDS Act''), as amended,
and amendments made by the HIV/AIDS Act, which the Secretary shall perform,
in the case of section 304, after consultation with the Secretary of Health
and Human Services.'';
(b) in section 1-701, by inserting, after subsection (g), the
following new subsections:
``(h) Those functions conferred by section 1(f)(1) and section
1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act of 1956,
as amended (22 U.S.C. 2651a).
[[Page 234]]
``(i) Those functions conferred by section 202(d)(4)(C)(i) and (ii) of the
HIV/AIDS Act, as amended.'';
(c) by adding at the end thereof the following new section:
``1-906. Implementation. In carrying out this order, officers of the United
States shall ensure that all actions taken by them are consistent with the
President's constitutional authority to: (a) conduct the foreign affairs of
the United States; (b) withhold information the disclosure of which could
impair the foreign relations, the national security, the deliberative
processes of the Executive, or the performance of the Executive's
constitutional duties; (c) recommend for congressional consideration such
measures as the President may judge necessary and expedient; and (d)
supervise the unitary executive branch.''.
Sec. 2. Nothing in this order shall be construed to impair or otherwise
affect the functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative proposals.
Sec. 3. This order is intended only to improve the internal management
of the executive branch and is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by a party against the United States, its departments, agencies,
entities, officers, employees or agents, or any other person.
George W. Bush
The White House,
November 16, 2004.
Executive Order 13362 of November 29, 2004
Designation of Additional Officers for the Department of Homeland
Security Order of Succession
By the authority vested in me as President by the Constitution and the
laws of the United States of America and pursuant to the Federal
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby
ordered that:
Section 1. During any period when the Secretary of Homeland Security
(Secretary), the Deputy Secretary of Homeland Security, and the officers
designated to perform the functions and duties of the office of
Secretary by section 88 of Executive Order 13286 of February 28, 2003
(``Amendment of Executive Orders, and Other Actions, in Connection With
the Transfer of Certain Functions to the Secretary of Homeland
Security''), have died, resigned, or otherwise become unable to perform
the functions and duties of the office of Secretary, the following
officers of the Department of Homeland Security, in the order listed,
shall perform the functions and duties of the office of Secretary, if
they are eligible to act as Secretary under the provisions of the
Federal Vacancies Reform Act of 1998, until such time as at least one of
the officers mentioned above is able to perform the functions and duties
of the office of Secretary:
Director, Region V, Federal Emergency Management Agency;
Director, Region VI, Federal Emergency Management Agency;
[[Page 235]]
Director, Region VII, Federal Emergency Management Agency;
Director, Region VIII, Federal Emergency Management Agency; and
Director, Region X, Federal Emergency Management Agency.
Sec. 2. Exceptions.
(a) No individual who is serving in an office listed in section 1 in an
acting capacity, by virtue of so serving, shall act as Secretary
pursuant to this order.
(b) Notwithstanding the provisions of this order, the President retains
discretion, to the extent permitted by law, to depart from this order in
designating an acting Secretary.
George W. Bush
The White House,
November 29, 2004.
Executive Order 13363 of November 29, 2004
Establishing the Afghanistan and Iraq Campaign Medals
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including my authority as
Commander in Chief of the Armed Forces of the United States and Public
Law 108-234, it is hereby ordered as follows:
Section 1. Afghanistan Campaign Medal. There is hereby established the
Afghanistan Campaign Medal with suitable appurtenances. Except as
limited in section 3 of this order, and under uniform regulations to be
prescribed by the Secretaries of the military departments and approved
by the Secretary of Defense, or under regulations to be prescribed by
the Secretary of Homeland Security with respect to the Coast Guard when
it is not operating as a service in the Navy, the Afghanistan Campaign
Medal shall be awarded to members of the uniformed services of the
United States who serve or have served in Afghanistan or contiguous air
space, as defined by such regulations, on or after October 24, 2001, and
before a terminal date to be prescribed by the Secretary of Defense.
Sec. 2. Iraq Campaign Medal. There is hereby established the Iraq
Campaign Medal with suitable appurtenances. Except as limited in section
3 of this order, and under uniform regulations to be prescribed by the
Secretaries of the military departments and approved by the Secretary of
Defense, or under regulations to be prescribed by the Secretary of
Homeland Security with respect to the Coast Guard when it is not
operating as a service in the Navy, the Iraq Campaign Medal shall be
awarded to members of the uniformed services of the United States who
serve or have served in Iraq or contiguous waters or air space, as
defined by such regulations, on or after March 19, 2003, and before a
terminal date to be prescribed by the Secretary of Defense.
Sec. 3. Relationship to Other Awards. Notwithstanding section 1 of
Executive Order 13289 of March 12, 2003, establishing the Global War on
Terrorism Expeditionary Medal, any member who qualified for that medal
by
[[Page 236]]
reason of service in Afghanistan between October 24, 2001, and a
terminal date to be determined by the Secretary of Defense, or in Iraq
between March 19, 2003, and a terminal date to be determined by the
Secretary of Defense, shall remain qualified for that medal. Upon
application, a member by reason of service may be awarded either the
Afghanistan Campaign Medal or the Iraq Campaign Medal in lieu of the
Global War on Terrorism Expeditionary Medal. A member may be awarded
either the Afghanistan Campaign Medal or the Global War on Terrorism
Expeditionary Medal by reason of service in Afghanistan. A member may be
awarded either the Iraq Campaign Medal or the Global War on Terrorism
Expeditionary Medal by reason of service in Iraq. No member shall be
entitled to the award of more than one of these three medals for the
same period of service.
Sec. 4. Posthumous Award. The Afghanistan Campaign Medal and Iraq
Campaign Medal may be awarded posthumously to any person covered by and
under regulations prescribed in accordance with this order.
George W. Bush
The White House,
November 29, 2004.
Executive Order 13364 of November 29, 2004
Modifying the Protection Granted to the Development Fund for Iraq and
Certain Property in Which Iraq Has an Interest and Protecting the
Central Bank of Iraq
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the International
Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et seq.)
(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section
5 of the United Nations Participation Act, as amended (22 U.S.C. 287c)
(UNPA), and section 301 of title 3, United States Code,
I, GEORGE W. BUSH, President of the United States of America, hereby
modify the scope of the national emergency declared in Executive Order
13303 of May 22, 2003, and expanded in Executive Order 13315 of August
28, 2003, and further modified in Executive Order 13350 of July 29,
2004, to address the unusual and extraordinary threat to the national
security and foreign policy of the United States posed by obstacles to
the orderly reconstruction of Iraq, the restoration and maintenance of
peace and security in that country, and the development of political,
administrative, and economic institutions in Iraq. I find that the
threat of attachment or other judicial process against the Central Bank
of Iraq constitutes one of these obstacles. I further determine that,
consistent with United Nations Security Council Resolutions 1483 of May
22, 2003, and 1546 of June 8, 2004, the steps taken in Executive Order
13303 to deal with the national emergency declared therein need to be
limited so that such steps do not apply with respect to any final
judgment arising out of a contractual obligation entered into by the
Government of Iraq, including any agency or instrumentality thereof,
after June 30, 2004, and so that, with respect to Iraqi petroleum
[[Page 237]]
and petroleum products and interests therein, such steps shall apply
only until title passes to the initial purchaser.
I hereby order:
Section 1. Section 1 of Executive Order 13303 is hereby amended to read
as follows:
``Section 1. (a) Except as provided in section 1(b) of this order,
and unless licensed or otherwise authorized pursuant to this order, any
attachment, judgment, decree, lien, execution, garnishment, or other
judicial process is prohibited and shall be deemed null and void with
respect to the following:
(i) the Development Fund for Iraq;
(ii) all Iraqi petroleum and petroleum products, and interests therein, but
only until title passes to the initial purchaser, and proceeds,
obligations, or any financial instruments of any nature whatsoever arising
from or related to the sale or marketing thereof, and interests therein, in
which any foreign country or a national thereof has any interest, that are
in the United States, that hereafter come within the United States, or that
are or hereafter come within the possession or control of United States
persons; and
(iii) any accounts, assets, investments, or any other property of any kind
owned by, belonging to, or held by the Central Bank of Iraq, or held,
maintained, or otherwise controlled by any financial institution of any
kind in the name of, on behalf of, or otherwise for the Central Bank of
Iraq.
(b) The prohibition in section 1(a) of this order shall not apply
with respect to any final judgment arising out of a contractual
obligation entered into by the Government of Iraq, including any agency
or instrumentality thereof, after June 30, 2004.''
Sec. 2. (a) The Secretary of the Treasury, in consultation with the
Secretary of State, is hereby authorized to take such actions, including
the promulgation of rules and regulations, and to employ all powers
granted to the President by IEEPA and the UNPA as may be necessary to
carry out the purposes of this order. The Secretary of the Treasury may
redelegate any of these functions to other officers and agencies of the
United States Government consistent with applicable law. All agencies of
the United States Government are hereby directed to take all appropriate
measures within their authority to carry out the provisions of this
order.
(b) Nothing contained in this order shall relieve a person from any
requirement to obtain a license or other authorization in compliance
with applicable laws and regulations.
Sec. 3. This order is not intended to, and does not, create any right,
benefit, or privilege, substantive or procedural, enforceable at law or
in equity by a party against the United States, its departments,
agencies, entities, officers, employees, or agents, or any other person.
Sec. 4. This order shall be transmitted to the Congress and published in
the Federal Register.
George W. Bush
The White House,
November 29, 2004.
[[Page 238]]
Executive Order 13365 of December 3, 2004
2004 Amendments to the Manual for Courts-Martial, United States
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including chapter 47 of title 10,
United States Code (Uniform Code of Military Justice, 10 U.S.C. 801-
946), and in order to prescribe amendments to the Manual for Courts-
Martial, United States, prescribed by Executive Order 12473, as amended,
it is hereby ordered as follows:
Section 1. (a) Paragraph 4 of the Preamble to Part I of the Manual for
Courts-Martial, United States, is amended by adding a third subparagraph
to read as follows:
``The Department of Defense Joint Service Committee (JSC) on
Military Justice reviews the Manual for Courts-Martial and proposes
amendments to the Department of Defense for con sideration by the
President on an annual basis. In conducting its annual review, the JSC
is guided by DoD Directive 5500.17, ``The Roles and Responsibilities of
the Joint Service Committee (JSC) on Military Justice.'' DoD Directive
5500.17 includes provisions allowing public participation in the annual
review process.''
(b) Department of Defense Directive 5500.17 shall be included as
Appendix 26 to the Manual for Courts-Martial, United States.
Sec. 2. Part II of the Manual for Courts-Martial, United States, is
amended as follows:
(a) R.C.M. 307(c)(3) is amended to read as follows:
``Specification. A specification is a plain, concise, and definite
statement of the essential facts constituting the offense charged. A
specification is sufficient if it alleges every element of the charged
offense expressly or by necessary implication. Except for aggravating
factors under R.C.M. 1003(d) and R.C.M. 1004, facts that increase the
maximum authorized punishment must be alleged in order to permit the
possible increased punishment. No particular format is required.''
(b) R.C.M. 707(b)(3)(D) is amended to read as follows:
``Rehearings. If a rehearing is ordered or authorized by an appellate
court, a new 120-day time period under this rule shall begin on the date
that the responsible convening authority receives the record of trial and
the opinion authorizing or directing a rehearing. An accused is brought to
trial within the meaning of this rule at the time of arraignment under
R.C.M. 904 or, if arraignment is not required (such as in the case of a
sentence-only rehearing), at the time of the first session under R.C.M.
803.''
(c) R.C.M. 707(c) is amended to read as follows:
``(c) Excludable delay. All periods of time during which appellate courts
have issued stays in the proceedings, or the accused is absent without
authority, or the accused is hospitalized due to incompetence, or is
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.''
[[Page 239]]
(d) R.C.M. 707(d) is amended to read as follows:
``(d) Remedy. A failure to comply with this rule will result in dismissal
of the affected charges, or, in a sentence-only rehearing, sentence relief
as appropriate.
``(1) Dismissal. Dismissal will be with or without prejudice to
the government's right to reinstitute court-martial proceedings
against the accused for the same offense at a later date. The
charges must be dismissed with prejudice where the accused has
been deprived of his or her constitutional right to a speedy
trial. In determining whether to dismiss charges with or without
prejudice, the court shall consider, among others, each of the
following factors: the seriousness of the offense; the facts and
circumstances of the case that lead to dismissal; the impact of
a re-prosecution on the administration of justice; and any
prejudice to the accused resulting from the denial of a speedy
trial.
``(2) Sentence relief. In determining whether or how much
sentence relief is appropriate, the military judge shall
consider, among others, each of the following factors: the
length of the delay, the reasons for the delay, the accused's
demand for speedy trial, and any prejudice to the accused from
the delay. Any sentence relief granted will be applied against
the sentence approved by the convening authority.''
(e) R.C.M. 806(b) is amended to read as follows:
``(b) Control of spectators and closure.
``(1) Control of spectators. In order to maintain the dignity
and decorum of the proceedings or for other good cause, the
military judge may reasonably limit the number of spectators in,
and the means of access to, the courtroom, and exclude specific
persons from the courtroom. When excluding specific persons, the
military judge must make findings on the record establishing the
reason for the exclusion, the basis for the military judge's
belief that exclusion is necessary, and that the exclusion is as
narrowly tailored as possible.
``(2) Closure. Courts-martial shall be open to the public unless
(1) there is a substantial probability that an overriding
interest will be prejudiced if the proceedings remain open; (2)
closure is no broader than necessary to protect the overriding
interest; (3) reasonable alternatives to closure were considered
and found inadequate; and (4) the military judge makes case-
specific findings on the record justifying closure.''
(f) R.C.M. 916(k)(2) is amended to read as follows:
``(2) Partial mental responsibility. A mental condition not amounting to
a lack of mental responsibility under subsection (k)(1) of this rule is not
an affirmative defense.''
(g) R.C.M. 1103(f)(2) is amended to read as follows:
``(2) Direct a rehearing as to any offense of which the accused was found
guilty if the finding is supported by the summary of the evidence contained
in the record, provided that the convening authority may not approve any
sentence imposed at such a rehearing more severe than or in excess of that
adjudged by the earlier court-martial.''
(h) The following subsection (iv) is inserted after R.C.M.
1107(e)(1)(B)(iii) to read as follows:
[[Page 240]]
``(iv) Sentence reassessment. If a superior authority has approved some
of the findings of guilty and has authorized a rehearing as to other
offenses and the sentence, the convening authority may, unless otherwise
directed, reassess the sentence based on the approved findings of guilty
and dismiss the remaining charges. Reassessment is appropriate only where
the convening authority determines that the accused's sentence would have
been at least of a certain magnitude had the prejudicial error not been
committed and the reassessed sentence is appropriate in relation to the
affirmed findings of guilty.''
(i) R.C.M. 1108(b) is amended to read as follows:
``(b) Who may suspend and remit. The convening authority may, after
approving the sentence, suspend the execution of all or any part of the
sentence of a court-martial, except for a sentence of death. The general
court-martial convening authority over the accused at the time of the
court-martial may, when taking the action under R.C.M. 1112(f), suspend or
remit any part of the sentence. The Secretary concerned and, when
designated by the Secretary concerned, any Under Secretary, Assistant
Secretary, Judge Advocate General, or commanding officer may suspend or
remit any part or amount of the unexecuted part of any sentence other than
a sentence approved by the President or a sentence of confinement for life
without eligibility for parole that has been ordered executed. The
Secretary concerned may, however, suspend or remit the unexecuted part of a
sentence of confinement for life without eligibility for parole only after
the service of a period of confinement of not less than 20 years. The
commander of the accused who has the authority to convene a court-martial
of the kind that adjudged the sentence may suspend or remit any part of the
unexecuted part of any sentence by summary court-martial or of any sentence
by special court-martial that does not include a bad-conduct discharge
regardless of whether the person acting has previously approved the
sentence. The ``unexecuted part of any sentence'' is that part that has
been approved and ordered executed but that has not actually been carried
out.''
(j) R.C.M. 1305(c) is amended to read as follows:
``(c) Authentication. The summary court-martial shall authenticate the
record by signing the original record of trial.''
(k) R.C.M. 1306(b)(1) is amended to read as follows:
``(1) Who shall act. Except as provided herein, the convening authority
shall take action in accordance with R.C.M. 1107. The convening authority
shall not take action before the period prescribed in R.C.M. 1105(c)(2) has
expired, unless the right to submit matters has been waived under R.C.M.
1105(d).''
Sec. 3. Part III of the Manual for Courts-Martial, United States, is
amended as follows:
(a) Mil. R. Evid. 103(a)(2) is amended to read as follows:
``(2) Offer of proof. In case the ruling is one excluding evidence, the
substance of the evidence was made known to the military judge by offer or
was apparent from the context within which questions were asked. Once the
military judge makes a definitive ruling on the record admitting or
excluding evidence, either at or before trial, a party need not renew an
objection or offer of proof to preserve a claim of error for appeal. The
standard provided in this subdivision does not apply to errors involving
[[Page 241]]
requirements imposed by the Constitution of the United States as applied to
members of the armed forces except insofar as the error arises under these
rules and this subdivision provides a standard that is more advantageous to
the accused than the constitutional standard.''
(b) Mil. R. Evid. 404(a) is amended to read as follows:
``(a) Character evidence generally. Evidence of a person's character or a
trait of character is not admissible for the purpose of proving action in
conformity therewith on a particular occasion, except:
``(1) Character of accused. Evidence of a pertinent trait of
character offered by an accused, or by the prosecution to rebut
the same, or if evidence of a pertinent trait of character of
the alleged victim of the crime is offered by an accused and
admitted under Mil. R. Evid. 404(a)(2), evidence of the same
trait of character, if relevant, of the accused offered by the
prosecution;
``(2) Character of alleged victim. Evidence of a pertinent trait
of character of the alleged victim of the crime offered by an
accused, or by the prosecution to rebut the same, or evidence of
a character trait of peacefulness of the alleged victim offered
by the prosecution in a homicide or assault case to rebut
evidence that the alleged victim was an aggressor;
``(3) Character of witness. Evidence of the character of a
witness, as provided in Mil. R. Evid. 607, 608, and 609.''
(c) Mil. R. Evid. 701 is amended to read as follows:
``If the witness is not testifying as an expert, the witness' testimony
in the form of opinions or inferences is limited to those opinions or
inferences that are (a) rationally based on the perception of the witness,
(b) helpful to a clear understanding of the witness' testimony or the
determination of a fact in issue, and (c) not based in scientific,
technical, or other specialized knowledge within the scope of Rule 702.''
(d) Mil. R. Evid. 702 is amended to read as follows:
``If scientific, technical, or other specialized knowledge will assist
the trier of fact to understand the evidence or to determine a fact in
issue, a witness qualified as an expert by knowledge, skill, experience,
training, or education may testify thereto in the form of an opinion or
otherwise if (1) the testimony is based upon sufficient facts or data, (2)
the testimony is the product of reliable principles and methods, and (3)
the witness has applied the principles and methods reliably to the facts of
the case.''
(e) Mil. R. Evid. 703 is amended to read as follows:
``The facts or data in the particular case upon which an expert bases an
opinion or inference may be those perceived by or made known to the expert,
at or before the hearing. If of a type reasonably relied upon by experts in
the particular field in forming opinions or inferences upon the subject,
the facts or data need not be admissible in evidence in order for the
opinion or inference to be admitted. Facts or data that are otherwise
inadmissible shall not be disclosed to the members by the proponent of the
opinion or inference unless the military judge determines that their
probative value in assisting the members to evaluate the expert's opinion
substantially outweighs their prejudicial effect.''
(f) Mil. R. Evid. 803(6) is amended to read as follows:
[[Page 242]]
``Records of regularly conducted activity. A memorandum, report, record,
or data compilation, in any form, of acts, events, conditions, opinions, or
diagnoses, made at or near the time by, or from information transmitted by,
a person with knowledge, if kept in the course of a regularly conducted
business activity, and if it was the regular practice of that business
activity to make the memorandum, report, record, or data compilation, all
as shown by the testimony of the custodian or other qualified witness, or
by certification that complies with Mil. R. Evid. 902(11) or any other
statute permitting certification in a criminal proceeding in a court of the
United States, unless the source of the information or the method or
circumstances of preparation indicate a lack of trustworthiness. The term
``business'' as used in this paragraph includes the armed forces, a
business, institution, association, profession, occupation, and calling of
every kind, whether or not conducted for profit. Among those memoranda,
reports, records, or data compilations normally admissible pursuant to this
paragraph are enlistment papers, physical examination papers, outline-
figure and fingerprint cards, forensic laboratory reports, chain of custody
documents, morning reports and other personnel accountability documents,
service records, officer and enlisted qualification records, logs, unit
personnel diaries, individual equipment records, daily strength records of
prisoners, and rosters of prisoners.''
(g) The following subsection (11) is inserted after Mil. R. Evid.
902(10) to read as follows:
``(11) Certified domestic records of regularly conducted activity. The
original or a duplicate of a domestic record of regularly conducted
activity that would be admissible under Mil. R. Evid. 803(6) if accompanied
by a written declaration of its custodian or other qualified person, in a
manner complying with any Act of Congress or rule prescribed by the Supreme
Court pursuant to statutory authority, certifying that the record (A) was
made at or near the time of the occurrence of the matters set forth by, or
from information transmitted by, a person with knowledge of those matters;
(B) was kept in the course of the regularly conducted activity; and (C) was
made by the regularly conducted activity as a regular practice. A party
intending to offer a record into evidence under this paragraph must provide
written notice of that intention to all adverse parties, and must make the
record and declaration available for inspection sufficiently in advance of
their offer into evidence to provide an adverse party with a fair
opportunity to challenge them.''
(h) Mil. R. Evid. 1102 is amended to read as follows:
``(a) Amendments to the Federal Rules of Evidence shall apply to the
Military Rules of Evidence 18 months after the effective date of such
amendments, unless action to the contrary is taken by the President.
``(b) Rules Determined Not To Apply. The President has determined that
the following Federal Rules of Evidence do not apply to the Military Rules
of Evidence: Rules 301, 302, 415, and 902(12).''
Sec. 4. Part IV of the Manual for Courts-Martial, United States, is
amended as follows:
(a) Paragraph 45(b)(2) is amended by deleting paragraph 45(b)(2)(c)
and inserting the following after paragraph 45(b)(2)(b):
[[Page 243]]
``(c)(1) That at the time of the sexual intercourse the person was under
the age of 12; or
``(2) That at the time of the sexual intercourse the person had attained
the age of 12 but was under the age of 16.''
(b) Paragraph 45(f) is amended to read as follows:
``f. Sample specifications.
``(1) Rape.
``In that ------------------------ (personal jurisdiction data), did,
(at/on board--location) (subject-matter jurisdiction data, if required), on
or about ------------ 20------, rape ------------------------, (a person
under the age of 12) (a person who had attained the age of 12 but was under
the age of 16).
``(2) Carnal Knowledge.
``In that ------------------------ (personal jurisdiction data), did,
(at/on board--location) (subject-matter jurisdiction data, if required), on
or about ---------------- 20------, commit the offense of carnal knowledge
with ------------------------, (a person under the age of 12) (a person who
attained the age of 12 but was under the age of 16).''
(c) Paragraph 51(b) is amended to read as follows:
``(1) That the accused engaged in unnatural carnal copulation with a
certain other person or with an animal.
``(Note: Add any of the following as applicable)
``(2) That the act was done with a child under the age of 12.
``(3) That the act was done with a child who had attained the age of 12
but was under the age of 16.
``(4) That the act was done by force and without the consent of the other
person.''
(d) Paragraph 51(f) is amended to read as follows:
``f. Sample specification.
``In that ------------------------ (personal jurisdiction data), did,
(at/on board--location) (subject-matter jurisdiction data, if required), on
or about ---------------- 20------, commit sodomy with --------------------
----, (a child under the age of 12) (a child who had attained the age of 12
but was under the age of 16) (by force and without the consent of the said
------------------------).''
(e) Paragraph 57(c)(2)(b) is amended to read as follows:
``(b) Material matter. The false testimony must be with respect to a
material matter, but that matter need not be the main issue in the case.
Thus, perjury may be committed by giving false testimony with respect to
the credibility of a material witness or in an affidavit in support of a
request for a continuance, as well as by giving false testimony with
respect to a fact from which a legitimate inference may be drawn as to the
existence or nonexistence of a fact in issue.''
(f) Paragraph 100a(c)(1) is amended to read as follows:
``(1) In general. This offense is intended to prohibit and therefore
deter reckless or wanton conduct that wrongfully creates a substantial risk
of death or grievous bodily harm to others.''
(g) Paragraph 100a(f) is amended to read as follows:
[[Page 244]]
``f. Sample specification.
``In that ------------------------ (personal jurisdiction data), did,
(at/on board--location) (subject-matter jurisdiction data, if required), on
or about ---------------- 20------, wrongfully and (recklessly) (wantonly)
engage in conduct, to wit: (describe conduct), conduct likely to cause
death or grievous bodily harm to ------------------------.''
Sec. 5. These amendments shall take effect 30 days from the date of this
order.
(a) Nothing in these amendments shall be construed to make
punishable any act done or omitted prior to the effective date of this
order that was not punishable when done or omitted.
(b) Nothing in these amendments shall be construed to invalidate any
nonjudicial punishment proceeding, restraint, investigation, referral of
charges, trial in which arraignment occurred, or other action begun
prior to the effective date of this order, and any such nonjudicial
proceeding, restraint, investigation, referral of charges, trial, or
other action may proceed in the same manner and with the same effect as
if these amendments had not been prescribed.
George W. Bush
The White House,
December 3, 2004.
Executive Order 13366 of December 17, 2004
Committee on Ocean Policy
By the authority vested in me as President by the Constitution and the
laws of the United States of America, it is hereby ordered as follows:
Section 1. Policy. It shall be the policy of the United States to:
(a) coordinate the activities of executive departments and agencies
regarding ocean-related matters in an integrated and effective manner to
advance the environmental, economic, and security interests of present
and future generations of Americans; and
(b) facilitate, as appropriate, coordination and consultation
regarding ocean-related matters among Federal, State, tribal, local
governments, the private sector, foreign governments, and international
organizations.
Sec. 2. Definition. For purposes of this order the term ``ocean-related
matters'' means matters involving the oceans, the Great Lakes, the
coasts of the United States (including its territories and possessions),
and related seabed, subsoil, and natural resources.
Sec. 3. Establishment of Committee on Ocean Policy.
(a) There is hereby established, as a part of the Council on
Environmental Quality and for administrative purposes only, the
Committee on Ocean Policy (Committee).
(b) The Committee shall consist exclusively of the following:
[[Page 245]]
(i) the Chairman of the Council on Environmental Quality, who shall be the
Chairman of the Committee;
(ii) the Secretaries of State, Defense, the Interior, Agriculture, Health
and Human Services, Commerce, Labor, Transportation, Energy, and Homeland
Security, the Attorney General, the Administrator of the Environmental
Protection Agency, the Director of the Office of Management and Budget, the
Administrator of the National Aeronautics and Space Administration, the
Director of National Intelligence, the Director of the Office of Science
and Technology Policy, the Director of the National Science Foundation, and
the Chairman of the Joint Chiefs of Staff;
(iii) the Assistants to the President for National Security Affairs,
Homeland Security, Domestic Policy, and Economic Policy;
(iv) an employee of the United States designated by the Vice President; and
(v) such other officers or employees of the United States as the Chairman
of the Committee may from time to time designate.
(c) The Chairman of the Committee, after coordination with the
Assistants to the President for National Security Affairs and Homeland
Security, shall regularly convene and preside at meetings of the
Committee, determine its agenda, direct its work, and, as appropriate to
deal with particular subject matters, establish and direct subcommittees
of the Committee that shall consist exclusively of members of the
Committee. The Committee shall coordinate its advice in a timely
fashion.
(d) A member of the Committee may designate, to perform the
Committee or subcommittee functions of the member, any person who is
within such member's department, agency, or office and who is (i) an
officer of the United States appointed by the President, (ii) a member
of the Senior Executive Service or the Senior Intelligence Service,
(iii) an officer or employee within the Executive Office of the
President, or (iv) an employee of the Vice President.
(e) Consistent with applicable law and subject to the availability
of appropriations, the Council on Environmental Quality shall provide
the funding, including through the Office of Environmental Quality as
permitted by law and as appropriate, and administrative support for the
Committee necessary to implement this order.
Sec. 4. Functions of the Committee. To implement the policy set forth in
section 1 of this order, the Committee shall:
(a) provide advice on establishment or implementation of policies
concerning ocean-related matters to:
(i) the President; and
(ii) the heads of executive departments and agencies from time to time as
appropriate;
(b) obtain information and advice concerning ocean-related matters
from:
(i) State, local, and tribal elected and appointed officials in a manner
that seeks their individual advice and does not involve collective judgment
or consensus advice or deliberation; and
[[Page 246]]
(ii) representatives of private entities or other individuals in a manner
that seeks their individual advice and does not involve collective judgment
or consensus advice or deliberation;
(c) at the request of the head of any department or agency who is a
member of the Committee, unless the Chairman of the Committee declines
the request, promptly review and provide advice on a policy or policy
implementation action on ocean-related matters proposed by that
department or agency;
(d) provide and obtain information and advice to facilitate:
(i) development and implementation of common principles and goals for the
conduct of governmental activities on ocean-related matters;
(ii) voluntary regional approaches with respect to ocean-related matters;
(iii) use of science in establishment of policy on ocean-related matters;
and
(iv) collection, development, dissemination, and exchange of information on
ocean-related matters; and
(e) ensure coordinated government development and implementation of
the ocean component of the Global Earth Observation System of Systems.
Sec. 5. Cooperation. To the extent permitted by law and applicable
presidential guidance, executive departments and agencies shall provide
the Committee such information, support, and assistance as the
Committee, through the Chairman, may request.
Sec. 6. Coordination. The Chairman of the Council on Environmental
Quality, the Assistant to the President for National Security Affairs,
the Assistant to the President for Homeland Security, and, with respect
to the interagency task force established by Executive Order 13340 of
May 18, 2004, the Administrator of the Environmental Protection Agency,
shall ensure appropriate coordination of the activities of the Committee
under this order and other policy coordination structures relating to
ocean or maritime issues pursuant to Presidential guidance.
Sec. 7. General Provisions. (a) Nothing in this order shall be construed
to impair or otherwise affect:
(i) authority granted by law to a executive department or agency or the
head thereof; or
(ii) functions assigned by the President to the National Security Council
or Homeland Security Council (including subordinate bodies) relating to
matters affecting foreign affairs, national security, homeland security, or
intelligence.
(b) Nothing in this order shall be construed to impair or otherwise
affect the functions of the Director of the Office of Management and
Budget relating to budget, administrative, or legislative proposals.
(c) This order is intended only to improve the internal management
of the Federal Government and is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or
in equity
[[Page 247]]
by a party against the United States, its departments, agencies, or
entities, its officers or employees, or any other person.
George W. Bush
The White House,
December 17, 2004.
Executive Order 13367 of December 21, 2004
United States-Mexico Border Health Commission
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including section 1 of the
International Organizations Immunities Act (22 U.S.C. 288) (the
``Act''), and having found that the United States participates in the
United States-Mexico Border Health Commission (USMBHC) pursuant to the
United-States Mexico Border Health Commission Act, Public Law 103-400
(22 U.S.C. 290n et seq.), I hereby designate the USMBHC as a public
international organization for purposes of the International
Organizations Immunities Act. I hereby extend to members and employees
of the Mexican Section of the USMBHC the same privileges, exemptions,
and immunities as are accorded under similar circumstances to officers
and employees, respectively, of foreign governments with regard to the
laws regulating entry into and departure from the United States as
provided for in section 7(a) of the Act (22 U.S.C. 288d(a)). No other
privileges, exemptions, or immunities of the Act are extended under this
order.
This designation is not intended to abridge in any respect privileges,
exemptions, or immunities that the USMBHC otherwise may have acquired or
may acquire by law.
George W. Bush
The White House,
December 21, 2004.
Executive Order 13368 of December 30, 2004
Adjustments of Certain Rates of Pay
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the laws cited herein,
it is hereby ordered as follows:
Section 1. Statutory Pay Systems. The rates of basic pay or salaries of
the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted
under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto
and made a part hereof: (a) The General Schedule (5 U.S.C. 5332(a)) at
Schedule 1; (b) The Foreign Service Schedule (22 U.S.C. 3963) at
Schedule 2; and (c) The schedules for the Veterans Health Administration
of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section
301(a) of Public Law 102-40) at Schedule 3.
[[Page 248]]
Sec. 2. Senior Executive Service. The ranges of rates of basic pay for
senior executives in the Senior Executive Service, as established
pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto
and made a part hereof.
Sec. 3. Certain Executive, Legislative and Judicial Salaries. The rates
of basic pay or salaries for the following offices and positions are set
forth on the schedules attached hereto and made a part hereof:
(a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5;
(b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31)
at Schedule 6; and
(c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a),
section 140 of Public Law 97-92, and section 306 of Division B of Public
Law 108-447) at Schedule 7.
Sec. 4. Uniformed Services. Pursuant to section 601(a)-(b) of Public Law
108-375, the rates of monthly basic pay (37 U.S.C. 203(a)) for members
of the uniformed services, as adjusted under 37 U.S.C. 1009, and the
rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth
on Schedule 8 attached hereto and made a part hereof.
Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to section
5304 of title 5, United States Code, and section 640 of Division H of
Public Law 108-447, locality-based comparability payments shall be paid
in accordance with Schedule 9 attached hereto and made a part hereof.
(b) The Director of the Office of Personnel Management shall take
such actions as may be necessary to implement these payments and to
publish appropriate notice of such payments in the Federal Register.
Sec. 6. Administrative Law Judges. The rates of basic pay for
administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are
set forth on Schedule 10 attached hereto and made a part hereof.
Sec. 7. Effective Dates. Schedule 8 is effective on January 1, 2005. The
other schedules contained herein are effective on the first day of the
first applicable pay period beginning on or after January 1, 2005.
Sec. 8. Prior Order Superseded. Executive Order 13332 of March 3, 2004,
is superseded.
George W. Bush
The White House,
December 30, 2004.
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OTHER PRESIDENTIAL DOCUMENTS
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Page
Subchapter A-- [Reserved]
Subchapter B-- Administrative Orders 257
Subchapter C-- Reorganization Plans [None]
Subchapter D-- Designations [None]
________________________________________________________________________
Subchapter B-- Administrative Orders
________________________________________________________________________
Notice of January 5, 2004
Continuation of the National Emergency With Respect to Libya
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
fully resolved, although there have been some positive developments.
On September 12, 2003, the United Nations Security Council adopted
Resolution 1506 (UNSCR 1506), ending the United Nations sanctions
against Libya. These U.N. sanctions were imposed in 1992 and 1993 as a
result of Libyan involvement in the terrorist bombings of Pan Am 103 in
1988 and UTA 772 in 1989, and included travel restrictions, an arms
embargo, and financial sanctions. The UNSCR 1506 lifted these sanctions
after Libya addressed the requirements of the relevant UNSC Resolutions,
including accepting responsibility for the actions of its officials in
the Pan Am 103 attack and arranging to compensate the families of the
victims. The United
[[Page 258]]
States abstained from voting on the lifting of U.N. sanctions, and it
made clear that it continued to have serious concerns about other Libyan
policies and actions, including Libya's pursuit of weapons of mass
destruction, Libya's role with respect to terrorism, and Libya's poor
human rights record.
On December 19, 2003, Prime Minister Blair and I announced separately
that Libya's leader, Colonel Muammar Qadhafi, had agreed to eliminate
all elements of Libya's chemical and nuclear weapons program, declare
all nuclear activities to the International Atomic Energy Agency (IAEA),
accept international inspections to ensure Libya's complete adherence to
the Nuclear Nonproliferation Treaty and sign the IAEA Additional
Protocol, accede to the Chemical Weapons Convention, eliminate ballistic
missiles beyond 300 kilometer range, and immediately and unconditionally
allow inspectors from international organizations to enter Libya.
Libya's declaration of December 19, 2003, marks an important and welcome
step toward addressing the concerns of the world community. As Libya
takes tangible steps to address those concerns, the United States will
in turn take reciprocal tangible steps to recognize Libya's progress.
Libya's agreement marks the beginning of a process of rejoining the
community of nations, but its declaration of December 19, 2003, must be
followed by verification of concrete steps.
Therefore, consistent 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.
GEORGE W. BUSH
THE WHITE HOUSE,
January 5, 2004.
Presidential Determination No. 2004-20 of January 5, 2004
Eligibility of the Regional Security System (RSS) to Receive Defense
Articles and Services under the Foreign Assistance Act and the Arms
Export Control Act
Memorandum for the Secretary of State
Consistent with the provisions of section 503(a) of the Foreign
Assistance Act of 1961, as amended, and section 3(a)(1) of the Arms
Export Control Act, I hereby find that the furnishing of defense
articles and services to the RSS will strengthen the security of the
United States and promote world peace.
You are authorized and directed to report this finding to the Congress
and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
January 5, 2004.
[[Page 259]]
Presidential Determination No. 2004-21 of January 15, 2004
Designation of the State of Kuwait as a Major Non-NATO Ally
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 517 of the Foreign
Assistance Act of 1961, as amended (the ``Act''), I hereby designate the
State of Kuwait as a Major Non-NATO Ally of the United States for the
purposes of the Act and the Arms Export Control Act.
You are authorized and directed to publish this determination in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, January 15, 2004.
Notice of January 16, 2004
Continuation of the National Emergency With Respect to Terrorists Who
Threaten To Disrupt the Middle East Peace Process
On January 23, 1995, by Executive Order 12947, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706) 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 who threaten to disrupt the Middle East
peace process. On August 20, 1998, by Executive Order 13099, the
President modified the Annex to Executive Order 12947 to identify four
additional persons, including Usama bin Laden, who threaten to disrupt
the Middle East peace process.
Because these terrorist activities continue to threaten the Middle East
peace process and continue to pose an unusual and extraordinary threat
to the national security, foreign policy, and economy of the United
States, the national emergency declared on January 23, 1995, as expanded
on August 20, 1998, and the measures adopted on those dates to deal with
that emergency must continue in effect beyond January 23, 2004.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year 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.
GEORGE W. BUSH
THE WHITE HOUSE,
January 16, 2004.
[[Page 260]]
Presidential Determination No. 2004-22 of February 5, 2004
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 of the United States that up to $12
million be made available from the U.S. Emergency Refugee and Migration
Assistance Fund to address unexpected urgent refugee and migration
needs, including those of refugees, displaced persons, conflict victims,
and other persons at risk from the Sudanese refugee crisis in Chad and
to prepare for refugee repatriations to Sudan. These funds may be used,
as appropriate, to provide contributions to international, governmental,
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 arrange for the publication of this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 5, 2004.
Notice of February 13, 2004
Notice of Intention To Enter Into a Free Trade Agreement With Australia
Consistent with section 2105(a)(1)(A) of the Trade Act of 2002, I have
notified the Congress of my intention to enter into a free trade
agreement with the Government of Australia.
Consistent with section 2105(a)(1)(A) of that Act, this notice shall be
published in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
February 13, 2004.
[[Page 261]]
Notice of February 20, 2004
Notice of Intention To Enter Into a Free Trade Agreement With Costa
Rica, El Salvador, Honduras, Guatemala, and Nicaragua (the ``CAFTA
Countries'')
Consistent with section 2105(a)(1)(A) of the Trade Act of 2002, I have
notified the Congress of my intention to enter into a Free Trade
Agreement with the Governments of the CAFTA countries.
Consistent with section 2105(a)(1)(A) of that Act, this notice shall be
published in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
February 20, 2004.
Memorandum of February 23, 2004
Delegation of Certain Authority Under the United States Leadership
Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions and authority
conferred upon the President by sections 202(c), 305, and 313 of the
United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act
of 2003 (Public Law 108-25), to provide the specified reports to the
Congress. In addition, I delegate to you the authority vested in the
President by section 101 of Public Law 108-25 to establish a
comprehensive, integrated, 5-year strategy to combat global HIV/AIDS and
to submit to the appropriate congressional committees a report setting
forth the strategy.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 23, 2004.
[[Page 262]]
Presidential Determination No. 2004-23 of February 25, 2004
Determination Consistent with the Emergency Supplemental Appropriations
Act for Defense and for the Reconstruction of Iraq and Afghanistan, 2004
(Public Law 108-106), to Make Available Assistance for Liberia
Memorandum for the Secretary of State[,] the Secretary of the
Treasury[,] the Secretary of Defense[, and] the Administrator, United
States Agency for International Development
Consistent with the authority vested in me by the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106), under the heading
``International Disaster and Famine Assistance,'' I hereby determine
that it is in the national interest of the United States and essential
to efforts to reduce international terrorism to furnish $114 million in
assistance for Liberia from funds made available under that heading.
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.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 25, 2004.
Presidential Determination No. 2004-24 of February 25, 2004
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 million be made
available from the U.S. Emergency Refugee and Migration Assistance Fund
as a contribution to the United Nations Relief and Works Agency for
Palestine Refugees in the Near East (UNRWA) to address unexpected,
urgent refugee needs in the West Bank and Gaza.
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 arrange for the publication of this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 25, 2004.
[[Page 263]]
Notice of February 26, 2004
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, a national emergency was
declared to address the disturbance or threatened disturbance of
international relations caused by the February 24, 1996, destruction by
the Cuban government of two unarmed U.S.-registered civilian aircraft in
international airspace north of Cuba. In July 1996 and on subsequent
occasions, the Cuban Government 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
flotilla or peaceful protest. Since these events, the Cuban government
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 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.
GEORGE W. BUSH
THE WHITE HOUSE,
February 26, 2004.
Presidential Determination No. 2004-25 of February 26, 2004
Determination that the Government of Pakistan is Cooperating with the
United States in the Global War on Terrorism
Memorandum for the Secretary of State
Consistent with the authority vested in me by the Constitution and laws
of the United States, including the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106)(the ``Act''), I hereby determine
for the purposes of that Act that the Government of Pakistan is
cooperating with the United States in the Global War on Terrorism.
You are authorized and directed to report this determination to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, February 26, 2004.
[[Page 264]]
Memorandum of March 1, 2004
Delegation of Certain Reporting Authority
Memorandum for the United States Trade Representative
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions conferred upon the
President by section 163 of the Trade Act of 1974, as amended (19 U.S.C.
2213), to provide the specified report to the Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 1, 2004.
Notice of March 2, 2004
Continuation of the National Emergency Blocking Property of Persons
Undermining Democratic Processes or Institutions in Zimbabwe
On March 6, 2003, by Executive Order 13288, I declared a national
emergency blocking the property of persons undermining democratic
processes or institutions in Zimbabwe, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706). I took this action
to deal with the unusual and extraordinary threat to the foreign policy
of the United States constituted by the actions and policies of certain
members of the Government of Zimbabwe and other persons to undermine
Zimbabwe's democratic processes or institutions, thus contributing to
the deliberate breakdown in the rule of law in Zimbabwe, to politically
motivated violence and intimidation in that country, and to political
and economic instability in the southern African region.
Because the actions and policies of these persons continue to pose an
unusual and extraordinary threat to the foreign policy of the United
States, the national emergency declared on March 6, 2003, and the
measures adopted on that date to deal with that emergency must continue
in effect beyond March 6, 2004. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency blocking the property of
persons undermining democratic processes or institutions in Zimbabwe.
[[Page 265]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
March 2, 2004.
Memorandum of March 3, 2004
Presidential Determination on Imports of Certain Ductile Iron Waterworks
Fittings from the People's Republic of China
Memorandum for the United States Trade Representative
Consistent with section 421 of the Trade Act of 1974, as amended (19
U.S.C. 2451), I have determined the action I will take with respect to
the affirmative determination of the United States International Trade
Commission (USITC Investigation TA-421-4) regarding imports of certain
ductile iron waterworks fittings (pipe fittings) from China. After
considering all relevant aspects of the investigation, I have determined
that providing import relief for the U.S. pipe fittings industry is not
in the national economic interest of the United States. In particular, I
find that the import relief would have an adverse impact on the United
States economy clearly greater than the benefits of such action.
The facts of this case indicate that imposing the USITC's recommended
tariff-rate quota remedy or any other import relief available under
section 421 would be ineffective because imports from third countries
would likely replace curtailed Chinese imports. The switch to third
country imports could occur quickly because the major U.S. importers
already import substantial quantities from countries such as India,
Brazil, Korea, and Mexico. Because importers' existing inventories of
imports will likely cover demand for approximately 6 to 12 months from
the imposition of import relief, a switch from China to alternative
import sources would not likely lead to significant additional demand
for domestically produced pipe fittings, even accounting for a time lag
in making that switch. Under these circumstances, import relief would
provide no meaningful benefit to domestic producers.
In addition, import relief would cost U.S. consumers substantially more
than the increased income that could be realized by domestic producers.
Indeed, the USITC estimated that its recommended remedy would generate a
negative net domestic welfare effect of between $2.3 million and $3.7
million in the first year alone.
While not necessary in reaching my determination that imposing import
relief would have an adverse impact on the United States economy clearly
greater than the benefits, it is also worth noting two additional
points:
[[Page 266]]
First, evidence suggests that domestic producers enjoy a strong
competitive position in the U.S. market, and in fact the largest
domestic producer recently announced price increases nationwide
ranging from 8 to 35 percent. The two smaller domestic producers and
the major U.S. importers have publicly indicated that they would
follow these price increases.
Second, in 2002 and 2003, imports of this product have been
relatively stable in volume terms and have shown a slight decline in
value terms.
The circumstances of this case make clear that the U.S. national
economic interest would not be served by the imposition of import relief
under section 421. I remain fully committed to exercising the important
authority granted to me under section 421 when the circumstances of a
particular case warrant it.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 3, 2004.
Memorandum of March 5, 2004
Delegation of Certain Reporting Authority
Memorandum for the Administrator of the National Aeronautics and Space
Administration
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions conferred upon the
President by section 206 of the National Aeronautics and Space Act of
1958, as amended (42 U.S.C. 2476), to provide the specified report to
the Congress. Nothing in this delegation shall be construed to impair or
otherwise affect the authority of the Director of the Office of
Management and Budget with respect to budget, administrative, and
legislative proposals.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 5, 2004.
[[Page 267]]
Notice of March 8, 2004
Notice of Intention To Enter Into a Free Trade Agreement With Morocco
Consistent with section 2105(a)(1)(A) of the Trade Act of 2002, I have
notified the Congress of my intention to enter into a free trade
agreement with the Kingdom of Morocco.
Consistent with section 2105(a)(1)(A) of that Act, this notice shall be
published in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
March 8, 2004.
Notice of March 10, 2004
Continuation of the National Emergency With Respect to Iran
On March 15, 1995, by Executive Order 12957, the President 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
unusual and extraordinary 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 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, the President issued Executive Order 12959
imposing more comprehensive sanctions to further respond to this threat,
and on August 19, 1997, the President issued Executive Order 13059
consolidating and clarifying the previous orders.
Because the actions and policies of the Government of Iran continue to
pose an unusual and extraordinary threat to 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,
2004. Therefore, in accordance with section 202(d) of the National
Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year 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 November 2003. This notice shall
be published in the Federal Register and transmitted to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
March 10, 2004.
[[Page 268]]
Memorandum of March 18, 2004
Delegation of Certain Authority Under the National Defense Authorization
Act for Fiscal Year 2004, Public Law 108-136
Memorandum for the Secretary of Homeland Security
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions and authority
conferred upon the President by section 1034 of the National Defense
Authorization Act for Fiscal Year 2004 (Public Law 108-136) to provide
the specified report to the Congress. In addition, I direct you to
coordinate with the Secretary of Defense and the Secretary of
Transportation regarding the contents of this report.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 18, 2004.
Notice of March 24, 2004
Notice of Intention To Enter Into a Free Trade Agreement With the
Dominican Republic
Consistent with section 2105(a)(1)(A) of the Trade Act of 2002, I have
notified the Congress of my intention to enter into a free trade
agreement with the Government of the Dominican Republic.
In accordance with section 2105(a)(1)(A) of that Act, this notice shall
be published in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 24, 2004.
[[Page 269]]
Presidential Determination No. 2004-26 of March 24, 2004
Determination to Waive Military Coup-Related Provision of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2004, with Respect to Pakistan
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and laws of
the United States, including Public Law 107-57, as amended by section
2213 of Public Law 108-106, I hereby determine that, with respect to
Pakistan, a waiver of any provision of the Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 2004 (section 508 of
Public Law 108-199, Division D), that prohibits direct assistance to the
government of any country whose duly elected head of government was
deposed by decree or military coup:
would facilitate the transition to democratic rule in Pakistan; and
is important to United States efforts to respond to, deter, or
prevent acts of international terrorism.
Accordingly, I hereby waive, with respect to Pakistan, any such
provision.
You are authorized and directed to transmit this determination to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, March 24, 2004.
Presidential Determination No. 2004-27 of April 6, 2004
Waiving Prohibition on United States Military Assistance to Parties to
the Rome Statute Establishing the International Criminal Court
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 2007 of the
American Servicemembers' Protection Act of 2002 (the ``Act''), title II
of Public Law 107-206 (22 U.S.C 7421 et seq.) I hereby:
Determine that the Central African Republic and Guinea have each
entered into an agreement with the United States pursuant to Article
98 of the Rome Statute preventing the International Criminal Court
from proceeding against U.S. personnel present in such countries;
and
Waive the prohibition of section 2007 (a) of the Act with respects
to these countries for as long as such agreement remains in force.
[[Page 270]]
You are authorized and directed to report this determination to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, April 6, 2004.
Presidential Determination No. 2004-28 of April 14, 2004
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 534(d) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, Public Law 108-199, 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.
This waiver shall be effective for a period of 6 months from the date
hereof. You are hereby authorized and directed to transmit this
determination to the Congress and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, April 14, 2004.
Presidential Determination No. 2004-29 of April 21, 2004
Presidential Determination on the Sudan Peace Act
Memorandum for the Secretary of State
Consistent with section 6(b)(1)(A) of the Sudan Peace Act (Public Law
107-245), I hereby determine and certify that the Government of Sudan
and the Sudan People's Liberation Movement are negotiating in good faith
and that negotiations should continue.
You are authorized and directed to notify the Congress of this
determination and to arrange for its publication in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, April 21, 2004.
[[Page 271]]
Presidential Determination No. 2004-30 of April 23, 2004
Determination and Certification under Section 8(b) of the Iran and Libya
Sanctions Act
Memorandum for the Secretary of State
Pursuant to section 8(b) of the Iran and Libya Sanctions Act of 1996
(Public Law 104-172; 50 U.S.C. 1701 note), as amended (Public Law 107-
24), I hereby determine and certify that Libya has fulfilled the
requirements of United Nations Security Council Resolution 731, adopted
January 21, 1992, United Nations Security Council Resolution 748,
adopted March 31, 1992, and United Nations Security Council Resolution
883, adopted November 11, 1993.
You are authorized and directed to transmit this determination and
certification to the appropriate congressional committees and to arrange
for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, April 23, 2004.
Notice of May 17, 2004
Continuation of the National Emergency With Respect to Burma
On May 20, 1997, the President issued Executive Order 13047, 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. The President 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
et seq. On July 28, 2003, I issued Executive Order 13310 taking
additional steps with respect to that national emergency by putting in
place an import ban required by the Burmese Freedom and Democracy Act of
2003 and prohibiting exports of financial services to Burma and the
dealing in property in which certain designated Burmese persons have an
interest.
Because actions and policies of the Government of Burma continue to pose
an unusual and extraordinary threat to the national security and foreign
policy of the United States, the national emergency declared on May 20,
1997, and the measures adopted on that date to deal with that emergency
must continue in effect beyond May 20, 2004. Therefore, in accordance
with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)),
I am continuing for 1 year the national emergency with respect to Burma.
[[Page 272]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
May 17, 2004.
Notice of May 20, 2004
Continuation of the National Emergency Protecting the Development Fund
for Iraq and Certain Other Property in Which Iraq Has an Interest
On May 22, 2003, by Executive Order 13303, I declared a national
emergency protecting the Development Fund for Iraq and certain other
property in which Iraq has an interest, pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706). I took this action
to deal with the unusual and extraordinary threat to the national
security and foreign policy of the United States posed by the obstacles
to the orderly reconstruction of Iraq, the restoration and maintenance
of peace and security in the country, and the development of political,
administrative, and economic institutions in Iraq constituted by the
threat of attachment or other judicial process against the Development
Fund for Iraq, Iraqi petroleum and petroleum products, and interests
therein, and proceeds, obligations, or any financial instruments of any
nature whatsoever arising from or related to the sale or marketing
thereof.
On August 28, 2003, in Executive Order 13315, I expanded the scope of
this national emergency to block the property of the former Iraqi
regime, its senior officials and their family members as the removal of
Iraqi property from that country by certain senior officials of the
former Iraqi regime and their immediate family members constitutes an
obstacle to the orderly reconstruction of Iraq, the restoration and
maintenance of peace and security in the country, and the development of
political, administrative, and economic institutions in Iraq.
Because these obstacles to the orderly reconstruction of Iraq, the
restoration and maintenance of peace and security in the country, and
the development of political, administrative, and economic institutions
in Iraq continue to pose an unusual and extraordinary threat to the
national security and foreign policy of the United States, the national
emergency declared on May 22, 2003, and the measures adopted on that
date and on August 28, 2003, to deal with that emergency, must continue
in effect beyond May 22, 2004. Therefore, in accordance with section
202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency protecting the Development
Fund for Iraq and certain other property in which Iraq has an interest.
[[Page 273]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
May 20, 2004.
Presidential Determination No. 2004-31 of May 25, 2004
Waiving Prohibition on United States Military Assistance With Respect to
Burkina Faso and Dominica
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 2007 of the
American Servicemembers' Protection Act of 2002 (the ``Act''), title II
of Public Law 107-206 (22 U.S.C. 7421 et seq.), I hereby:
Determine that Burkina Faso and Dominica have each entered into an
agreement with the United States pursuant to Article 98 of the Rome
Statute preventing the International Criminal Court from processing
against U.S. personnel present in such countries; and
Waive the prohibition of section 2007(a) of the Act with respect to
these countries for as long as such agreement remains in force.
You are authorized and directed to report this determination to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, May 25, 2004.
Memorandum of June 3, 2004
Command and Control of National Guard for 2004 Group of Eight (``G8'')
Summit
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions and authority of the
President contained in section 325 of title 32, United States Code, with
respect to activities related to the G8 Summit.
[[Page 274]]
You are further authorized and directed to make necessary arrangements
to fund this activity from the proper appropriation and to publish this
memorandum in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 3, 2004.
Memorandum of June 3, 2004
Secret Service Protection for Distinguished Foreign Visitors to the 2004
Group of Eight (``G8'') Summit
Memorandum for the Secretary of Homeland Security
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions and authority of the
President contained in section 3056 of title 18, United States Code,
with respect to protecting distinguished foreign visitors to the 2004
Group of Eight (``G8'') Summit.
You are further authorized and directed to make necessary arrangements
to fund this activity from the proper appropriation and to publish this
memorandum in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 3, 2004.
Presidential Determination No. 2004-32 of June 3, 2004
Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as
Amended--Continuation of Waiver Authority for Turkmenistan
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 Turkmenistan will substantially promote the
objectives of section 402 of the Act.
[[Page 275]]
You are authorized and directed to publish this determination in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 3, 2004.
Presidential Determination No. 2004-33 of June 3, 2004
Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as
Amended--Continuation of Waiver Authority for the Republic of Belarus
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 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.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 3, 2004.
Presidential Determination No. 2004-34 of June 3, 2004
Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as
Amended--Continuation of Waiver Authority for Vietnam
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 Vietnam will substantially promote the objectives
of section 402 of the Act.
[[Page 276]]
You are authorized and directed to publish this determination in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 3, 2004.
Presidential Determination No. 2004-35 of June 3, 2004
Designation of the Kingdom of Morocco as a Major Non-NATO Ally
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 517 of the Foreign
Assistance Act of 1961, as amended (the ``Act''), I hereby designate the
Kingdom of Morocco as a Major Non-NATO Ally of the United States for the
purposes of the Act and the Arms Export Control Act.
You are authorized and directed to publish this determination in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 3, 2004.
Memorandum of June 14, 2004
Certification Concerning U.S. Participation in the United Nations
Stabilization Mission in Haiti Consistent with Section 2005 of the
American Servicemembers' Protection Act
Memorandum for the Secretary of State
Consistent with section 2005 of the American Servicemembers' Protection
Act of 2002 (Public Law 107-206; 22 U.S.C. 7421 et seq.), concerning the
participation of members of the Armed Forces of the United States in
certain U.N. peacekeeping and peace enforcement operations, I hereby
certify that members of the U.S. Armed Forces participating in the
United Nations Stabilization Mission in Haiti (MINUSTAH) are without
risk of criminal prosecution or other assertion of jurisdiction by the
International Criminal Court because Haiti has entered into an agreement
in accordance with Article 98 of the Rome Statute preventing the
International Criminal Court from proceeding against members of the
Armed Forces of the United States present in that country.
[[Page 277]]
You are authorized and directed to submit this certification to the
Congress and arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 14, 2004.
Notice of June 15, 2004
Notice of Intention To Enter Into a Free Trade Agreement With Bahrain
Consistent with section 2105(a)(1)(A) of the Trade Act of 2002, I have
notified the Congress of my intention to enter into a free trade
agreement with the Kingdom of Bahrain.
Consistent with section 2105(a)(1)(A) of that Act, this notice shall be
published in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
June 15, 2004.
Presidential Determination No. 2004-36 of June 15, 2004
Suspension of Limitations Under the Jerusalem Embassy Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President by the Constitution
and the laws of the United States, including section 7(a) of the
Jerusalem Embassy Act of 1995 (Public Law 104-45) (the ``Act''), I
hereby determine that it is necessary to protect the national security
interests of the United States to suspend for a period of 6 months the
limitations set forth in sections 3(b) and 7(b) of the Act. My
Administration remains committed to beginning the process of moving our
embassy to Jerusalem.
You are hereby authorized and directed to transmit this determination to
the Congress, accompanied by a report in accordance with section 7(a) of
the Act, and to publish the determination in the Federal Register.
This suspension shall take effect after transmission of this
determination and report to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 15, 2004.
[[Page 278]]
Notice of June 16, 2004
Continuation of the National Emergency With Respect to the Risk of
Nuclear Proliferation Created by the Accumulation of Weapons-Usable
Fissile Material in the Territory of the Russian Federation
On June 21, 2000, the President issued Executive Order 13159 (the
``Order'') blocking property and interests in property of the Government
of the Russian Federation that are in the United States, that hereafter
come within the United States, or that are or hereinafter come within
the possession or control of United States persons that are directly
related to the 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
Extracted from Nuclear Weapons, dated February 18, 1993, and related
contracts and agreements (collectively, the ``HEU Agreements''). The HEU
Agreements allow for the downblending of highly enriched uranium derived
from nuclear weapons to low enriched uranium for peaceful commercial
purposes. The Order invoked the authority, inter alia, of the
International Emergency Economic Powers Act, 50 U.S.C. 1701 et seq., and
declared a national emergency to deal with the unusual and extraordinary
threat to the national security and foreign policy of the United States
posed by the risk of nuclear proliferation created by the accumulation
of a large volume of weapons-usable fissile material in the territory of
the Russian Federation.
A major national security goal of the United States is to ensure that
fissile material removed from Russian nuclear weapons pursuant to
various arms control and disarmament agreements is dedicated to peaceful
uses (such as downblending to low enriched uranium for peaceful
commercial uses), subject to transparency measures, and protected from
diversion to activities of proliferation concern. Pursuant to the HEU
Agreements, weapons-grade uranium extracted from Russian nuclear weapons
is converted to low enriched uranium for use as fuel in commercial
nuclear reactors. The Order blocks and protects from attachment,
judgment, decree, lien, execution, garnishment, or other judicial
process the property and interests in property of the Government of the
Russian Federation that are directly related to the implementation of
the HEU Agreements and 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.
The national emergency declared on June 21, 2000, must continue beyond
June 21, 2004, to provide continued protection from attachment,
judgment, decree, lien, execution, garnishment, or other judicial
process for the property and interests in property of the Government of
the Russian Federation that are directly related to the implementation
of the HEU Agreements and subject to U.S. jurisdiction. Therefore, in
accordance with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency with
respect to weapons-usable fissile material
[[Page 279]]
in the territory of the Russian Federation. This notice shall be
published in the Federal Register and transmitted to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
June 16, 2004.
Presidential Determination No. 2004-37 of June 16, 2004
Designation of the Islamic Republic of Pakistan as a Major Non-NATO Ally
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 517 of the Foreign
Assistance Act of 1961, as amended (the ``Act''), I hereby designate the
Islamic Republic of Pakistan as a Major Non-NATO Ally of the United
States for the purposes of the Act and the Arms Export Control Act.
You are authorized and directed to publish this determination in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 16, 2004.
Notice of June 24, 2004
Continuation of the National Emergency With Respect to the Western
Balkans
On June 26, 2001, by Executive Order 13219, I declared a national
emergency with respect to the Western Balkans pursuant to the
International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to
deal with the unusual and extraordinary threat to the national security
and foreign policy of the United States constituted by the actions of
persons engaged in, or assisting, sponsoring, or supporting (i)
extremist violence in the former Yugoslav Republic of Macedonia, and
elsewhere in the Western Balkans region, or (ii) acts obstructing
implementation of the Dayton Accords in Bosnia or United Nations
Security Council Resolution 1244 of June 10, 1999, in Kosovo. Subsequent
to the declaration of the national emergency, the actions of persons
obstructing implementation of the Ohrid Framework Agreement of 2001 in
the former Yugoslav Republic of Macedonia also became a pressing
concern. I amended Executive Order 13219 on May 28, 2003, in Executive
Order 13304 to address this concern and to take additional steps with
respect to the national emergency. Because the actions of persons
threatening the peace and international stabilization efforts in the
Western Balkans continue to pose an unusual and extraordinary threat to
the national security and foreign policy of the United States, the
national emergency declared on June 26, 2001, and the measures adopted
on that
[[Page 280]]
date and thereafter to deal with that emergency, must continue in effect
beyond June 26, 2004. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency with respect to the Western Balkans.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
June 24, 2004.
Presidential Determination No. 2004-38 of June 24, 2004
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 $34 million be made
available from the U.S. Emergency Refugee and Migration Assistance Fund
to meet unexpected urgent refugee and migration needs, including those
of refugees, displaced persons, conflict victims, and other persons at
risk, from the crises in the West Bank and Gaza, Sudan, and Chad. These
funds may be used, as appropriate, to provide contributions to
international, governmental, and nongovernmental organizations, and, as
necessary, for administrative expenses of the Bureau of Population,
Refugees, and Migration.
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 arrange for the publication of this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 24, 2004.
Presidential Determination No. 2004-39 of June 25, 2004
Imposition and Waiver of Sanctions Under Section 604 of the FY 2003
Foreign Relations Authorization Act (Public Law 107-228)
Memorandum for the Secretary of State
Consistent with the authority contained in section 604 of the FY 2003
Foreign Relations Authorization Act (Public Law 107-228) (the ``Act''),
and with reference to the determinations set out in the report to
Congress transmitted herewith, consistent with section 603 of that Act,
regarding non-
[[Page 281]]
compliance by the PLO and the Palestinian Authority with certain
commitments, I hereby impose the sanction set out in section 604(a)(2)
``Downgrade in Status of the PLO Office in the United States.'' This
sanction is imposed for a period of 180 days from the date hereof or
until such time as the next report required by section 603 of the Act is
transmitted to the Congress, whichever is later.
You are authorized and directed to transmit to the appropriate
Congressional committees the initial report described in section 603 of
the Act.
Furthermore, I hereby determine that it is in the national security
interest of the United States to waive that sanction, pursuant to
section 604 of the Act. This waiver shall be effective for a period of
180 days from the date hereof or until such time as the next report
required by section 603 of the Act is transmitted to the Congress,
whichever is later. You are hereby authorized and directed to transmit
this determination to the Congress and to publish it in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 25, 2004.
Memorandum of June 29, 2004
Administration of Certain Appropriations Relating to Iraq
Memorandum for the Secretary of State[,] the Secretary of Defense[, and]
the Director of the Office of Management and Budget
By the authority vested in me by the Constitution and the laws of the
United States of America, including section 632 of the Foreign
Assistance Act of 1961, as amended (22 U.S.C. 2392), I hereby direct as
follows:
1. The unobligated balances as of the end of June 30, 2004, of the funds
appropriated to the President under the heading, ``Operating Expenses of
the Coalition Provisional Authority,'' in the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106) and any funds appropriated to the
President under that heading in any Act enacted subsequent to Public Law
108-106 are transferred to the Secretary of State. Such amounts shall
exclude those made available to the Inspector General of the Coalition
Provisional Authority, and the amount reapportioned to ``Operating
Expenses of the Coalition Provisional Authority'' on June 25, 2004. The
Secretary of State shall ensure use of such funds in a manner consistent
with Presidential guidance concerning United States Government
operations in Iraq.
2. Effective at the end of June 30, 2004, this memorandum supersedes
paragraph 1 of the Presidential Memorandum entitled, ``Transfer of Funds
Appropriated to the President under the heading Operating Expenses of
the Coalition Provisional Authority, and Delegation of the Functions of
the President under the heading Iraq Relief and Reconstruction Fund, in
the Emergency Supplemental Appropriations Act for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004'' (December 5, 2003).
[[Page 282]]
The Secretary of State is authorized and directed to publish this
memorandum in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, June 29, 2004.
Memorandum of July 2, 2004
Delegation of Certain Reporting Authority
Memorandum for the Secretary of State
By the authority vested in me as President by the Constitution and laws
of the United States, including section 301 of title 3, United States
Code, I hereby delegate to you the functions and authority conferred
upon the President by section 4 of the Authorization for Use of Military
Force Against Iraq Resolution of 2002, Public Law 107-243, and by
section 3 of the Authorization for Use of Military Force Against Iraq
Resolution, Public Law 102-1, to make the specified reports to the
Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, July 2, 2004.
Memorandum of July 5, 2004
Delegation of Authority Under Section 517(a) of the National Defense
Authorization Act for Fiscal Year 2004
Memorandum for the Secretary of Defense
By the authority vested in me the Constitution and the laws of the
United States of America, including section 301 of title 3, United
States Code, I hereby delegate to you the authority vested in the
President under section 517(a) of the National Defense Authorization Act
for Fiscal Year 2004 (Public Law 108-136).
The authority delegated by this memorandum may be redelegated in writing
no lower than the Under Secretary of Defense level.
Any reference in this memorandum to the provision of any Act shall be
deemed to include references to any hereafter-enacted provision of law
that
[[Page 283]]
is the same or substantially the same as such provision. You are
authorized and directed to publish this memorandum in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, July 5, 2004.
Memorandum of July 8, 2004
Delegation of Responsibility under Section 1523 of the Strom Thurmond
National Defense Authorization Act for Fiscal Year 1999, As Amended
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, United
States Code, I hereby delegate to you the functions conferred upon the
President by section 1523 of the Strom Thurmond National Defense
Authorization Act for Fiscal Year 1999 (Public Law 105-261), as amended
(the ``Act'').
Any reference in this memorandum to the provision of any Act shall be
deemed to include references to any hereafter-enacted provision of law
that is the same or substantially the same as such provision.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, July 8, 2004.
Presidential Determination No. 2004-40 of July 21, 2004
Eligibility of Iraq to Receive Defense Articles and Services Under the
Foreign Assistance Act of 1961, as Amended, and the Arms Export Control
Act, as Amended
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and the laws
of the United States, including section 503(a) of the Foreign Assistance
Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control
Act, as amended, I hereby find that the furnishing of defense articles
and services to Iraq will strengthen the security of the United States
and promote world peace.
[[Page 284]]
You are authorized and directed to report this finding to the Congress
and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, July 21, 2004.
Memorandum of July 23, 2004
National Guard Support for 2004 Democratic and Republican National
Conventions and Other Appropriate Events
Memorandum for the Secretary of Defense
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions and authority of the
President contained in section 325 of title 32, United States Code, with
respect to activities related to the 2004 Democratic and Republican
National Conventions, and other appropriate events as you determine from
time to time in consultation with the Assistant to the President for
Homeland Security.
You are further authorized and directed to make necessary arrangements
to fund this activity from the proper appropriations and to publish this
memorandum in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, July 23, 2004.
Notice of August 6, 2004
Continuation of Emergency Regarding Export Control Regulations
On August 17, 2001, consistent with the authority provided me under the
International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), I
issued Executive Order 13222. 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 17,
[[Page 285]]
2001, and renewed on August 14, 2002, and on August 7, 2003, must
continue in effect beyond August 17, 2004. Therefore, in accordance with
section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am
continuing for 1 year the national emergency declared in Executive Order
13222.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, August 6, 2004.
Presidential Determination No. 2004-41 of August 6, 2004
Waiving Prohibition on United States Military Assistance with Respect to
the Republic of the Congo
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 2007 of the
American Servicemembers' Protection Act of 2002 (the ``Act''), title II
of Public Law 107-206 (22 U.S.C. 7421 et seq.), I hereby:
Determine that the Republic of the Congo has entered into an
agreement with the United States pursuant to Article 98 of the Rome
Statute preventing the International Criminal Court from proceeding
against U.S. personnel present in such countries; and
Waive the prohibition of section 2007(a) of the Act with respect to
this country for as long as such agreement remains in force.
You are authorized and directed to report this determination to the
Congress, and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, August 6, 2004.
Presidential Determination No. 2004-42 of August 17, 2004
Continuation of U.S. Drug Interdiction Assistance to the Government of
Colombia
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by section 1012 of the National
Defense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C.
2291-4), I hereby certify, with respect to Colombia, that: (1)
interdiction of aircraft reasonably suspected to be primarily engaged in
illicit drug trafficking in that country's airspace is necessary because
of the extraordinary threat posed by illicit drug trafficking to the
national security of that country; and
[[Page 286]]
(2) that country has appropriate procedures in place to protect against
innocent loss of life in the air and on the ground in connection with
such interdiction, which shall at a minimum include effective means to
identify and warn an aircraft before the use of force is directed
against the aircraft.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register and to notify the Congress of this
determination.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, August 17, 2004.
Presidential Determination No. 2004-43 of August 20, 2004
Determination to Make Available Assistance for Liberia
Memorandum for the Secretary of State[,] the Secretary of Defense[,] the
Secretary of the Treasury[, and] the Administrator, United States Agency
for International Development
Consistent with the authority vested in me under the Act Making
Emergency Supplemental Appropriations for Defense and for the
Reconstruction of Iraq and Afghanistan, 2004 (Public Law 108-106), under
the heading ``International Disaster and Famine Assistance,'' I hereby
determine that it is in the national interest and essential to efforts
to reduce international terrorism to furnish $86 million in assistance
for Liberia from funds made available under that heading.
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.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, August 20, 2004.
Notice of September 10, 2004
Continuation of the National Emergency With Respect to Certain Terrorist
Attacks
Consistent with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year the national emergency I
declared on September 14, 2001, in Proclamation 7463, with respect to
the terrorist attacks at the World Trade Center, New York, New York, and
the Pentagon, and the continuing and immediate threat of further attacks
on the United States.
By Executive Order 13223 of September 14, 2001, and Executive Order
13253 of January 16, 2002, I delegated authority to the Secretary of
Defense
[[Page 287]]
and the Secretary of Transportation to order members of the Reserve
Components to active duty and to waive certain statutory military
personnel requirements. By Executive Order 13235 of November 16, 2001, I
delegated authority to the Secretary of Defense to exercise certain
emergency construction authority. By Executive Order 13286 of February
28, 2003, I transferred the authority delegated to the Secretary of
Transportation in Executive Order 13223 to the Secretary of Homeland
Security.
Because the terrorist threat continues, the national emergency declared
on September 14, 2001, and the measures taken on September 14, 2001,
November 16, 2001, and January 16, 2002, to deal with that emergency,
must continue in effect beyond September 14, 2004. Therefore, I am
continuing in effect for an additional year the national emergency I
declared on September 14, 2001, with respect to the terrorist threat.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 10, 2004.
Presidential Determination No. 2004-44 of September 10, 2004
Presidential Determination and Certification Concerning Libya Under
Section 101 and 102(b) of the Arms Export Control Act and Determination
on Export-Import Bank Support for U.S. Exports to Libya
Memorandum for the Secretary of State
Pursuant to section 101 of the Arms Export Control Act, I hereby
determine that Libya received nuclear enrichment equipment, material, or
technology after August 4, 1977. I hereby determine and certify that the
continued termination of assistance, as required by this section, would
have a serious adverse effect on vital United States interests and that
I have received reliable assurances that Libya will not acquire or
develop nuclear weapons or assist other nations in doing so.
Pursuant to section 102(b) of the Arms Export Control Act, I hereby
determine that Libya, a non-nuclear weapon state, sought and received
design information that I determine to be important to, and intended by
Libya for use in, the development or manufacture of a nuclear explosive
device. I hereby determine and certify that the application of
sanctions, as required by this section, would have a serious adverse
effect on vital United States interests.
Pursuant to section 2(b)(4) of the Export-Import Bank Act of 1945, as
amended, I hereby determine and certify that it is in the national
interest for the Export-Import Bank to guarantee, insure, or extend
credit, or participate in the extension of credit in support of United
States exports to Libya.
You are directed to report this determination to the Congress and to
provide copies of the justification explaining the basis for this
determination.
[[Page 288]]
You are further directed to publish this determination in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 10, 2004.
Presidential Determination No. 2004-45 of September 10, 2004
Continuation 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 on September 12, 2003 (68 Fed.
Reg. 54325), the exercise of certain authorities under the Trading with
the Enemy Act is scheduled to terminate on September 14, 2004.
I hereby determine that the continuation 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 continue for 1 year, until September 14, 2005, the
exercise of those authorities with respect to countries affected by:
(1) the Foreign Assets Control Regulations, 31 C.F.R. part 500;
(2) the Transaction Control Regulations, 31 C.F.R. part 505; and
(3) the Cuban Assets Control Regulations, 31 C.F.R. part 515.
The Secretary of the Treasury is authorized and directed to publish this
determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 10, 2004.
Presidential Determination No. 2004-46 of September 10, 2004
Presidential Determination with Respect to Foreign Governments' Efforts
Regarding Trafficking in Persons
Memorandum for the Secretary of State
Consistent with section 110 of the Trafficking Victims Protection Act of
2000 (Division A of Public Law 106-386), as amended, (the ``Act''), I
hereby:
Make the determination provided in section 110(d)(1)(A)(i) of the Act,
with respect to Equatorial Guinea and Venezuela, not to provide certain
funding for those countries' governments for fiscal year 2005, until
such government complies with the minimum standards or makes significant
efforts to
[[Page 289]]
bring itself into compliance, as may be determined by the Secretary of
State in a report to the Congress pursuant to section 110(b) of the Act;
Make the determination provided in section 110(d)(1)(A)(ii) of the Act,
with respect to Burma, Cuba, Sudan, and North Korea, not to provide
certain funding for those countries' governments for fiscal year 2005,
until such government complies with the minimum standards or makes
significant efforts to bring itself into compliance, as may be
determined by the Secretary of State in a report to the Congress
pursuant to section 110(b) of the Act;
Make the determination provided in section 110(d)(3) of the Act,
concerning the determinations of the Deputy Secretary of State with
respect to Bangladesh, Ecuador, Guyana, and Sierra Leone;
Determine, consistent with section 110(d)(4) of the Act, with respect to
Equatorial Guinea, for the implementation of programs, projects, or
activities regarding police professionalization, business
responsibility, and promotion of the rule of law, that provision to
Equatorial Guinea of the assistance described in section 110(d)(1)(A)(i)
of the Act for such programs, projects, or activities would promote the
purposes of the Act or is otherwise in the national interest of the
United States;
Determine, consistent with section 110(d)(4) of the Act, with respect to
Sudan, for all programs, projects, or activities of assistance as may be
necessary to implement a North/South peace accord and to address the
crisis in Darfur, that provision to Sudan of the assistance described in
section 110(d)(1)(B) of the Act for such programs, projects, or
activities would promote the purposes of the Act or is otherwise in the
national interest of the United States; and
Determine, consistent with section 110(d)(4) of the Act, with respect to
Venezuela, for all programs, projects, or activities designed to
strengthen the democratic process, including strengthening of political
parties and supporting electoral observation and monitoring, that
provision to Venezuela of the assistance described in sections
110(d)(1)(A)(i) and 110(d)(1)(B) of the Act for such programs, projects,
or activities would promote the purposes of the Act or is otherwise in
the national interest of the United States.
The certification required by section 110(e) of the Act is provided
herewith.
You are hereby authorized and directed to submit this determination to
the Congress, and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 10, 2004.
[[Page 290]]
Presidential Determination No. 2004-47 of September 15, 2004
Presidential Determination on Major Drug Transit or Major Illicit Drug
Producing Countries for FY05
Memorandum for the Secretary of State
Pursuant to section 706(1) of the Foreign Relations Authorization Act,
Fiscal Year 2003 (Public Law 107-228) (FRAA), I hereby identify the
following countries as major drug-transit or major illicit drug
producing countries: Afghanistan, The Bahamas, Bolivia, Brazil, Burma,
China, Colombia, Dominican Republic, Ecuador, Guatemala, Haiti, India,
Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru,
Venezuela, and Vietnam.
The Majors List applies by its terms to ``countries.'' The United States
Government interprets the term broadly to include entities that exercise
autonomy over actions or omissions that could lead to a decision to
place them on the list and, subsequently, to determine their eligibility
for certification. A country's presence on the Majors List is not
necessarily an adverse reflection of its government's counternarcotics
efforts or level of cooperation with the United States. Consistent with
the statutory definition of a major drug-transit or drug-producing
country set forth in section 481(e)(5) of the Foreign Assistance Act of
1961, as amended (FAA), one of the reasons that major drug-transit or
illicit drug producing countries are placed on the list is the
combination of geographical, commercial, and economic factors that allow
drugs to transit or be produced despite the concerned government's most
assiduous enforcement measures.
Pursuant to section 706(2)(A) of the FRAA, I hereby designate Burma as a
country that has failed demonstrably during the previous 12 months to
adhere to its obligations under international counternarcotics
agreements and take the measures set forth in section 489(a)(1) of the
FAA. Attached to this report is a justification (statement of
explanation) for the determination on Burma, as required by section
706(2)(B).
I have removed Thailand from the list of major drug-transit or major
illicit drug producing countries. Thailand's opium poppy cultivation is
well below the levels specified in the FRAA; no heroin processing
laboratories have been found in Thailand for several years, and Thailand
is no longer a significant direct source of illicit narcotic or
psychotropic drugs or other controlled substances significantly
affecting the United States; nor is it a country through which such
drugs or substances are transported.
In contrast to the Government of Haiti's dismal performance last year
under the Aristide regime, the new Interim Government of Haiti (IGOH),
headed by Prime Minister Latortue, has taken substantive--if limited--
counternarcotics actions in the few months it has been in office.
Nevertheless, we remain deeply concerned about the ability of Haitian
law enforcement to reorganize and restructure sufficiently to carry out
sustained counternarcotics efforts.
The decreased use of MDMA (Ecstasy) among young people in the United
States is a hopeful sign, but we continue to place priority on stopping
the threat of club drugs, including MDMA, of which The Netherlands
continues to be the dominant source country. The Government of The
Netherlands is an enthusiastic and capable partner, and we commend its
efforts.
[[Page 291]]
We continue to be concerned, however, by obstacles to mutual legal
assistance and extradition from The Netherlands. There is a need to work
more deliberately to disrupt the criminal organizations responsible for
the production and trafficking of synthetic drugs. Specifically, we urge
enhanced use of financial investigation, including full exploitation of
anti-money laundering statutes and financial investigators to identify
and dismantle trafficking organizations, and to seize and forfeit the
assets acquired from the drug trade.
While the vast majority of illicit drugs entering the United States
continue to come from South America and Mexico, we remain concerned
about the substantial flow of illicit drugs from Canada. I commend
Canada for its successful efforts to curb the diversion of precursor
chemicals used in methamphetamine production. We are now working
intensively with Canadian authorities to address the increase in the
smuggling of Canadian-produced marijuana into the United States; however
we are concerned the lack of significant judicial sanctions against
marijuana producers is resulting in greater involvement in the
burgeoning marijuana industry by organized criminal groups. Canada has
expressed concern to us about the flow of cocaine and other illicit
substances through the United States into Canada. United States and
Canadian law enforcement personnel have collaborated on a number of
investigations that have led to the dismantling of several criminal
organizations. The two governments will continue to work closely in the
year ahead to confront these shared threats.
Nigeria put measures in place to increase the effectiveness of the
National Drug Law Enforcement Agency, and also arrested a trafficker
wanted by the United States, which met the agreed-upon interdiction
targets. However, Nigeria must take significant and decisive action to
investigate and prosecute political corruption, which continues to
undermine the transparency of its government. President Obasanjo took
steps to address corruption at the G-8 meetings in Sea Island, Georgia,
by entering into a Compact to Promote Transparency and Combat
Corruption. Positive transparent measures will in turn benefit Nigeria's
anti-narcotics efforts, the rule of law, and all democratic
institutions.
Despite good faith efforts on the part of the central Afghanistan
government, we are concerned about increased opium crop production in
the provinces.
We are deeply concerned about heroin and methamphetamine linked to North
Korea being trafficked to East Asian countries. We consider it highly
likely that state agents and enterprises in North Korea are involved in
the narcotics trade. While we know that some opium poppy is cultivated
in North Korea, reliable information confirming the extent of opium
production is currently lacking. There are also clear indications that
North Koreans traffic in, and probably manufacture, methamphetamine. In
recent years, authorities in the region have routinely seized shipments
of methamphetamine and/or heroin that had been transferred to
traffickers' ships from North Korean vessels. The April 2003 seizure of
125 kilograms of heroin smuggled to Australia aboard the North Korean-
owned vessel ``Pong Su'' is the latest and largest seizure of heroin
pointing to North Korean complicity in the drug trade. Although there is
no evidence that narcotics originating in or transiting North Korea
reach the United States, we are
[[Page 292]]
working closely with our partners in the region to stop North Korean
involvement in illicit narcotics production and trafficking.
We appreciate the efforts of China, Hong Kong, Taiwan, and others in the
region to stop the diversion of pseudoephedrine and ephedrine used to
manufacture methamphetamine. However, considering the growing
methamphetamine problem in North America and Asia, additional
collaborative efforts to control these precursor chemicals are
necessary.
You are hereby authorized and directed to submit this report under
section 706 of the FRAA, transmit it to the Congress, and publish it in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 15, 2004.
Presidential Determination No. 2004-48 of September 20, 2004
Intention to Grant Waiver of the Application of Section 901(j) of the
Internal Revenue Code with Respect to Libya
Memorandum for the Secretary of the Treasury
By virtue of the authority vested in me by the Constitution and the laws
of the United States, including section 901(j)(5) of the Internal
Revenue Code (the ``Code'') and section 301 of title 3, United States
Code:
(a) I hereby determine that the waiver of the application of section
901(j)(1) of the Code with respect to Libya is in the national interest
of the United States and will expand trade and investment opportunities
for U.S. companies in Libya;
(b) I intend to grant such a waiver with respect to Libya; and
(c) I authorize and direct you to report to the Congress in
accordance with section 901(j)(5)(B) of the Code my intention to grant
the waiver and the reason for this determination and to arrange for
publication of this determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 20, 2004.
[[Page 293]]
Presidential Determination No. 2004-49 of September 20, 2004
Determination and Waiver of Application of Section 908(a)(1) of the
Trade Sanctions Reform and Export Enhancement Act of 2000 with Respect
to Libya
Memorandum for the Secretary of State[,] the Secretary of Agriculture[,
and] the Secretary of Commerce
By virtue of the authority vested in me by the Constitution and laws of
the United States, including section 908(a)(3) of the Trade Sanctions
Reform and Export Enhancement Act of 2000, title IX, Public Law 106-387
(TSRA), I hereby determine that waiver of the application of section
908(a)(1) of TSRA with respect to Libya is in the national security
interest of the United States and hereby waive the application of that
section with respect to Libya.
The Secretary of State is hereby authorized and directed to report this
determination and waiver to the Congress and to arrange for its
publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 20, 2004.
Notice of September 21, 2004
Continuation of the National Emergency With Respect to Persons Who
Commit, Threaten To Commit, or Support Terrorism
On September 23, 2001, by Executive Order 13224, I declared a national
emergency with respect to persons who commit, threaten to commit, or
support terrorism, pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701-1706). I took this action to deal with the
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States constituted by the grave acts
of terrorism and threats of terrorism committed by foreign terrorists,
including the terrorist attacks in New York, in Pennsylvania, and
against the Pentagon committed on September 11, 2001, and the continuing
and immediate threat of further attacks against United States nationals
or the United States. Because the actions of these persons who commit,
threaten to commit, or support terrorism continue to pose an unusual and
extraordinary threat to the national security, foreign policy, and
economy of the United States, the national emergency declared on
September 23, 2001, and the measures adopted on that date to deal with
that emergency, must continue in effect beyond September 23, 2004.
Therefore, in accordance with section 202(d) of the National Emergencies
Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national
emergency with respect to persons who commit, threaten to commit, or
support terrorism.
[[Page 294]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 21, 2004.
Presidential Determination No. 2004-50 of September 24, 2004
Presidential Determination on Eligibility of the African Union to
Receive Defense Articles and Services Under the Foreign Assistance Act
of 1961, as Amended, and the Arms Export Control Act, as Amended
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and the laws
of the United States, including section 503(a) of the Foreign Assistance
Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control
Act, as amended, I hereby find that the furnishing of defense articles
and services to the African Union will strengthen the security of the
United States and promote world peace.
You are authorized and directed to report this finding to the Congress
and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 24, 2004.
Presidential Determination No. 2004-51 of September 24, 2004
Determination to Make Available Assistance for Sudan
Memorandum for the Secretary of State[,] the Secretary of the
Treasury[,] the Secretary of Defense[, and] the Administrator, United
States Agency for International Development
Consistent with the authority vested in me by the Emergency Supplemental
Appropriations Act for Defense and for the Reconstruction of Iraq and
Afghanistan, 2004 (Public Law 108-106), under the heading
``International Disaster and Famine Assistance,'' I hereby determine
that it is in the national interest of the United States and essential
to efforts to reduce international terrorism to furnish $20 million in
assistance for Sudan from funds made available under that heading.
[[Page 295]]
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.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 24, 2004.
Presidential Determination No. 2004-52 of September 24, 2004
Certification Permitting Rescission of Iraq as a Sponsor of Terrorism
Memorandum for the Secretary of State
On September 13, 1990, Acting Secretary of State Eagleburger designated
Iraq as a state sponsor of terrorism (55 Fed. Reg. 37793-01).
Consistent with section 6(j)(4)(A) of the Export Administration Act of
1979, Public Law 96-72, as amended, and as continued in effect by
Executive Order 13222 of August 17, 2001, 66 Fed. Reg. 44025, I hereby
certify that:
(1)
There has been a fundamental change in the leadership and policies
of the Government of Iraq;
(2)
Iraq's government is not supporting acts of international
terrorism; and
(3)
Iraq's government has provided assurances that it will not support
acts of international terrorism in the future.
Accordingly, the prerequisites for your determination to rescind Iraq's
designation as a state sponsor of terrorism will be satisfied once you
have transmitted this certification to the Congress.
This certification shall also satisfy the provisions of section
620A(c)(1) of the Foreign Assistance Act of 1961, Public Law 87-195, as
amended, and section 40(f)(1)(A) of the Arms Export Control Act, Public
Law 90-629, as amended.
You are authorized and directed to report this certification to the
Congress and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 24, 2004.
[[Page 296]]
Presidential Determination No. 2004-53 of September 30, 2004
Presidential Determination on FY 2005 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
consultations with the Congress, I hereby make the following
determinations and authorize the following actions:
The admission of up to 70,000 refugees to the United States during FY 2005
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 2005 with Federal
refugee resettlement assistance under the Amerasian immigrant admissions
program, as provided below.
The 70,000 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 2005 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 20,000
East Asia 13,000
Europe and Central Asia 9,500
Latin America/Caribbean 5,000
Near East/South Asia 2,500
Unallocated Reserve 20,000
The 20,000 unallocated refugee numbers shall be allocated to regional
ceilings as needed. Upon providing notification to the Judiciary
Committees of the Congress, you are hereby authorized to use unallocated
numbers in regions where the need for additional numbers arises.
Additionally, upon notification to the Judiciary Committees of the
Congress, you are further authorized to transfer unused numbers
allocated to a particular region to one or more other regions, if there
is a need for greater numbers for the region or regions to which the
numbers are being transferred. Consistent with section 2(b)(2) of the
Migration and Refugee Assistance Act of 1962, as amended, I hereby
determine that assistance to or on behalf of persons applying for
admission to the United States as part of the
[[Page 297]]
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 2005 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 2005, 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
d.
In exceptional circumstances, persons identified by a U.S. Embassy
in and location
You are authorized and directed to report this determination to the
Congress immediately and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 30, 2004.
Presidential Determination No. 2004-54 of September 30, 2004
Transfer of Funds under Section 610 of the Foreign Assistance Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me by the Constitution and laws of
the United States, including section 610 of the Foreign Assistance Act
of 1961, as amended (the ``Act''), I hereby determine it necessary for
the purposes of the Act that $24,852,500 made available under Chapter 3
of Part I of the Act for Fiscal Year 2004 be transferred to, and
consolidated with, funds made available under Chapter 4 of Part II of
the Act, and such funds are hereby 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.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, September 30, 2004.
[[Page 298]]
Presidential Determination No. 2005-01 of October 7, 2004
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 $8 million be made
available from the U.S. Emergency Refugee and Migration Assistance Fund
to meet unexpected urgent refugee and migration needs related to the
Burundi refugee repatriation and reintegration. These funds may be used,
as appropriate, to provide contributions to international, governmental,
and nongovernmental organizations, and, as necessary, for administrative
expenses of the Bureau of Population, Refugees, and Migration.
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 arrange for the publication of this memorandum in
the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 7, 2004.
Presidential Determination No. 2005-02 of October 14, 2004
Waiver and Certification of Statutory Provisions Regarding the Palestine
Liberation Organization
Memorandum for the Secretary of State
Pursuant to the authority and conditions contained in section 534(d) of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2004, Public Law 108-199, as provided for in the
Joint Resolution Making Continuing Appropriations for the Fiscal Year
2005, and for other Purposes (Public Law 108-309), 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.
This waiver shall be effective for a period of 6 months from the date
hereof. You are hereby authorized and directed to transmit this
determination to the Congress and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 14, 2004.
[[Page 299]]
Presidential Determination No. 2005-03 of October 16, 2004
Provision of U.S. Drug Interdiction Assistance to the Government of
Brazil
Memorandum for the Secretary of State, [and] the Secretary of Defense
Pursuant to the authority vested in me by section 1012 of the National
Defense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C.
2291-4), I hereby certify, with respect to Brazil, that: (1)
interdiction of aircraft reasonably suspected to be primarily engaged in
illicit drug trafficking in that country's airspace is necessary because
of the extraordinary threat posed by illicit drug trafficking to the
national security of that country; and (2) that country has appropriate
procedures in place to protect against innocent loss of life in the air
and on the ground in connection with such interdiction, which shall at a
minimum include effective means to identify and warn an aircraft before
the use of force is directed against the aircraft.
The Secretary of State is authorized and directed to publish this
determination in the Federal Register and to notify the Congress of this
determination.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 16, 2004.
Notice of October 19, 2004
Continuation of the National Emergency With Respect to Significant
Narcotics Traffickers Centered in Colombia
On October 21, 1995, by Executive Order 12978, the President declared a
national emergency pursuant to the International Emergency Economic
Powers Act (50 U.S.C. 1701 et seq.) 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
narcotics traffickers centered in Colombia, and the extreme level of
violence, corruption, and harm such actions cause in the United States
and abroad.
The order blocks all property and interests in property that are in the
United States or within the possession or control of United States
persons or foreign persons listed in an annex to the order, as well as
of foreign persons determined to play a significant role in
international narcotics trafficking centered in Colombia. The order
similarly blocks all property and interests in property of foreign
persons determined 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 persons determined 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.
[[Page 300]]
Because the actions of significant narcotics traffickers centered in
Colombia continue to threaten the national security, foreign policy, and
economy of the United States and to cause an extreme level of 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, 2004. Therefore, in accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency with respect to significant narcotics
traffickers centered in Colombia. This notice shall be published in the
Federal Register and transmitted to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 19, 2004.
Presidential Determination No. 2005-04 of October 20, 2004
Presidential Determination on Use of Cooperative Threat Reduction Funds
in Albania under Section 1308 of the National Defense Authorization Act
for Fiscal Year 2004
Memorandum for the Secretary of State
Pursuant to the authority vested in me by section 1308 of the National
Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136) (the
``Act''), I hereby determine that the obligation and expenditure of
Cooperative Threat Reduction (CTR) funds for the destruction of chemical
warfare agents stockpiled in Albania, will permit the United States to
take advantage of an opportunity to achieve long-standing
nonproliferation goals. I also determine that this project to destroy
the chemical warfare agents stockpiled in Albania will be completed
within a short period of time and that the Department of Defense is the
entity of the Federal Government that is most capable of carrying out
this project.
You are authorized and directed to transmit this determination, along
with the justification and project description required by section
1308(d)(2) of the Act, to the Congress no later than 10 days after the
obligation of funds for this project and to arrange for the publication
of this memorandum in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 20, 2004.
[[Page 301]]
Presidential Determination No. 2005-05 of October 20, 2004
Presidential Determination Relating to Obligation of Cooperative Threat
Reduction Funds in Albania under Section 1308 of the National Defense
Authorization Act for Fiscal Year 2004
Memorandum for the Secretary of State
Pursuant to section 1308(e) of the National Defense Authorization Act
for Fiscal Year 2004 (Title XIII of Public Law 108-136) and the
authority vested in me by section 1203(d) of the Cooperative Threat
Reduction Act of 1993 (Title XII of Public Law 103-160), as amended (CTR
Act), I hereby certify that Albania is committed to the courses of
action enumerated in section 1203(d) of the CTR Act.
I have also enclosed the justification for this certification.
You are authorized and directed to transmit this certification and
justification to the Congress and to arrange for the publication of this
memorandum in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 20, 2004.
Memorandum of October 21, 2004
Delegation of Certain Functions Related to the Sudan Peace Act
Memorandum for the Secretary of State
By virtue of the authority vested in me as President by the Constitution
and the laws of the United States, including section 301 of title 3,
United States Code, I hereby delegate to you the determination,
certification, and reporting functions conferred upon the President by
sections 6(b)(1) and 6(c) of the Sudan Peace Act (Public Law 107-245).
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 21, 2004.
[[Page 302]]
Memorandum of October 21, 2004
Designation and Authorization to Perform Functions Under Section 319F-2
of the Public Health Service Act
Memorandum for the Director of the Office of Management and Budget
By the authority vested in me by the Constitution and the laws of the
United States of America, including section 301 of title 3, United
States Code, I hereby direct you to perform the functions vested in the
President under section 319F-2(c)(6) of the Public Health Service Act,
42 U.S.C. 247d-6b(c)(6).
Any reference in this memorandum to the provision of any Act shall be
deemed to include references to any hereafter-enacted provision of law
that is the same or substantially the same as such provision.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 21, 2004.
Presidential Determination No. 2005-06 of October 22, 2004
Drawdown of Commodities and Services from the Department of Defense to
Support African Union Peacekeeping in Darfur, Sudan
Memorandum for the Secretary of State [and] the Secretary of Defense
Pursuant to the authority vested in me by the Constitution and laws of
the United States, including section 552(c)(2) of the Foreign Assistance
Act of 1961, as amended (FAA), I hereby determine that:
(1)
as a result of an unforeseen emergency, the provision of assistance
under Chapter 6 of Part II of the Act in amounts in excess of funds
otherwise available for such assistance is important to the national
interests of the United States; and
(2)
such unforeseen emergency requires the immediate provision of
assistance under Chapter 6 of Part II of the Act.
I therefore direct the drawdown of up to $2,500,000 in commodities and
services from the Department of Defense to support the transportation of
African Union forces to Darfur, Sudan.
The Secretary of State is authorized and directed to report this
determination to the Congress and to publish it in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, October 22, 2004.
[[Page 303]]
Notice of November 1, 2004
Continuation of the National Emergency With Respect to Sudan
On November 3, 1997, by Executive Order 13067, the President declared a
national emergency with respect to Sudan pursuant to the International
Emergency Economic Powers Act (50 U.S.C. 1701-1706) 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. Because the actions and policies of the
Government of Sudan continue to pose an unusual and extraordinary threat
to the national security and foreign policy of the United States, 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, 2004. Therefore, consistent with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency with respect to Sudan.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, November 1, 2004.
Notice of November 4, 2004
Continuation of Emergency Regarding Weapons of Mass Destruction
On November 14, 1994, by Executive Order 12938, President Clinton
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. On July 28, 1998, the President issued
Executive Order 13094 to amend Executive Order 12938 to respond more
effectively to the worldwide threat of proliferation of 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, must continue in
effect beyond November 14, 2004. In accordance with section 202(d) of
the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1
year the national emergency declared in Executive Order 12938, as
amended.
[[Page 304]]
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, November 4, 2004.
Notice of November 9, 2004
Continuation of the National Emergency With Respect to Iran
On November 14, 1979, by Executive Order 12170, the President 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
unusual and extraordinary threat to the national security, foreign
policy, and economy of the United States constituted by the situation in
Iran. 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, 2004. Therefore,
consistent with section 202(d) of the National Emergencies Act (50
U.S.C. 1622(d)), I am continuing for 1 year this national emergency with
respect to Iran.
This notice shall be published in the Federal Register and transmitted
to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, November 9, 2004.
Presidential Determination No. 2005-07 of November 29, 2004
Presidential Determination on Waiver of Conditions on Obligation and
Expenditure of Funds for Planning, Design, and Construction of a
Chemical Weapons Destruction Facility in Russia
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 1303 of the
National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-
375) (the ``Act''), I hereby certify that waiving the conditions
described in section 1305 of the National Defense Authorization Act for
Fiscal Year 2000 (Public Law 106-65), as amended, is important to the
national security interests of the United States, and include herein,
for submission to the Congress, the statement, justification, and plan
described in section 1303 of the Act. This waiver shall apply through
the remainder of calendar year 2004 and for all of calendar year 2005.
[[Page 305]]
You are authorized and directed to transmit this certification,
including the statement, justification, and plan, to the Congress and to
arrange for the publication of this certification in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, November 29, 2004.
Presidential Determination No. 2005-08 of November 29, 2004
Waiving Prohibition on United States Military Assistance with Respect to
Burundi, Guyana, and Liberia
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 2007 of the
American Servicemembers' Protection Act of 2002 (the ``Act''), title II
of Public Law 107-206 (22 U.S.C. 7421 et seq.), I hereby:
Determine that Burundi, Guyana, and Liberia have each entered into
an agreement with the United States pursuant to Article 98 of the
Rome Statute preventing the International Criminal Court from
proceeding against U.S. personnel present in such countries; and
Waive the prohibition of section 2007(a) of the Act with respect to
these countries for as long as such agreement remains in force.
You are authorized and directed to report this determination to the
Congress, and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, November 29, 2004.
Presidential Determination No. 2005-09 of December 6, 2004
Waiver of Restrictions on Assistance to Russia under the Cooperative
Threat Reduction Act of 1993 and Title V of the FREEDOM Support Act
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 1306 of the
national Defense Authorization Act for Fiscal Year 2003 (Public Law 107-
314), I hereby certify that waiving the restrictions contained in
subsection (d) of section 1203 of the Cooperative Threat Reduction Act
of 1993 (22 U.S.C. 5952), as amended, and the requirements contained in
section 502 of the FREEDOM Support Act (22 U.S.C. 5852) during Fiscal
Year 2005 with respect to the Russian Federation is important to the
national security interests of the United States.
You are authorized and directed to transmit to the Congress this
certification and the associated report (including its classified annex)
that has
[[Page 306]]
been prepared by my Administration consistent with section 1306(b) of
Public Law 107-314. You are further authorized and directed to arrange
for the publication of this certification in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 6, 2004.
Memorandum of December 8, 2004
Assignment of Functions Implementing the HELP Commission Act
Memorandum for the Secretary of State [and] the Administrator of the
United States Agency for International Development
By the authority vested in me as President by the Constitution and laws
of the United States, including section 301 of title 3, United States
Code:
1. The functions of the President under subsection 637(k) of the
Commerce, Justice and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (Division B, Public Law 108-199)(22 U.S.C.
2394b(k))(the ``Act'') are assigned to the Secretary of State
(Secretary).
2. The Administrator of the United States Agency for International
Development shall provide support to assist the Secretary in the
performance of functions assigned by this memorandum, and the heads of
executive departments and agencies with information concerning
assistance programs shall furnish promptly to the Secretary, consistent
with applicable law, such information as the Secretary may request to
assist in fulfillment of these responsibilities for the preparation of
the report to which subsection 637 (k) refers.
3. The Secretary shall coordinate the receipt by departments and
agencies of requests from the HELP Commission under section 637(e) of
the Act for information and their responses to such requests. Such
departments and agencies shall provide relevant information and
responses promptly. The Secretary shall ensure that such responses occur
in a manner consistent with the President's constitutional authority to
withhold information that could impair foreign relations, national
security, the deliberate processes of the Executive, or the performance
of the Executive's constitutional duties.
4. Heads of executive departments and agencies shall assist the
Secretary in the implementation of this memorandum.
5. The Secretary is authorized and directed to publish this memorandum
in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 8, 2004.
[[Page 307]]
Memorandum of December 8, 2004
Delegation of Certain Reporting Authority
Memorandum for the Chairman of the Federal Labor Relations Authority
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to the member who has been designated by
the President as Chairman the functions conferred upon the President by
5 U.S.C. 7104(e) to provide the specified report to the Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 8, 2004.
Memorandum of December 8, 2004
Delegation of Certain Reporting Authority
Memorandum for the Chairperson of the National Endowment for the Arts
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions conferred upon the
President in the National Foundation on the Arts and Humanities Act of
1965, as amended (20 U.S.C. 959(d)) to provide the specified report
relating to the National Endowment for the Arts to the Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 8, 2004.
Memorandum of December 8, 2004
Delegation of Certain Reporting Authority
Memorandum for the Chairperson of the National Endowment for the
Humanities
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code,
[[Page 308]]
I hereby delegate to you the functions conferred upon the President in
the National Foundation on the Arts and Humanities Act of 1965, as
amended (20 U.S.C. 959(d)) to provide the specified report relating to
the National Endowment for the Humanities to the Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 8, 2004.
Memorandum of December 8, 2004
Delegation of Certain Reporting Authority
Memorandum for the Secretary of Agriculture
By the authority vested in me as President by the Constitution and the
laws of the United States, including section 301 of title 3, United
States Code, I hereby delegate to you the functions conferred upon the
President by section 13 of Public Law 806, 80th Congress (15 U.S.C.
714k), to provide the specified report to the Congress.
You are authorized and directed to publish this memorandum in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 8, 2004.
Presidential Determination No. 2005-10 of December 8, 2004
Waiver of Restrictions on Providing Funds to the Palestinian Authority
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President by the Constitution
and laws of the United States, including section 552(b) of the Foreign
Operations, Export Financing, and Related Programs Appropriations Act,
2004 (Div. D, Public Law 108-199) (the ``Act''), as carried forward
under Public Law 108-309, as amended, I hereby certify that it is
important to the national security interests of the United States to
waive the provisions of section 552(a) of the Act, as carried forward,
in order to provide funds appropriated to carry out chapter 4 of part II
of the Foreign Assistance Act of
[[Page 309]]
l961 to the Ministry of Finance of the Palestinian Authority for budget
support.
You are authorized and directed to transmit this determination to the
Congress, accompanied by a report in accordance with section 552(d) of
the Act, and to publish the determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 8, 2004.
Presidential Determination No. 2005-11 of December 10, 2004
Renewal of Trade Agreement with the Socialist Republic of Vietnam
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 U.S. tariffs and nontariff barriers to trade
resulting from multilateral negotiations are being satisfactorily
reciprocated by the Socialist Republic of Vietnam. 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 Socialist Republic of
Vietnam.
You are authorized and directed to publish this determination in the
Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 10, 2004.
Presidential Determination No. 2005-12 of December 10, 2004
Presidential Determination to Waive the Application of Section 901(j) of
the Internal Revenue Code with Respect to Libya
Memorandum for the Secretary of the Treasury
By virtue of the authority vested in me by the Constitution and the laws
of the United States, including section 901(j)(5) of the Internal
Revenue Code (the ``Code''), I hereby waive the application of section
901(j)(1) of the Code with respect to Libya.
[[Page 310]]
I hereby authorize and direct you to arrange for publication of this
determination in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 10, 2004.
Presidential Determination No. 2005-13 of December 14, 2004
Waiver of Restrictions on Assistance to the Republic of Uzbekistan under
the Cooperative Threat Reduction Act of 1993 and Title V of the FREEDOM
Support Act
Memorandum for the Secretary of State
Consistent with the authority vested in me by section 1306 of the
National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-
314), I hereby certify that waiving the restrictions contained in
subsection (d) of section 1203 of the Cooperative Threat Reduction Act
of 1993 (22 U.S.C. 5952), as amended, and the requirements contained in
section 502 of the FREEDOM Support Act (22 U.S.C. 5852) during Fiscal
Year 2005 with respect to the Republic of Uzbekistan is important to the
national security interests of the United States.
You are authorized and directed to transmit to the Congress this
certification and the associated report (including its classified annex)
that has been prepared by my Administration consistent with section
1306(b) of Public Law 107-314. You are further authorized and directed
to arrange for the publication of this certification in the Federal
Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 14, 2004.
Presidential Determination No. 2005-14 of December 15, 2004
Suspension of Limitations Under the Jerusalem Embassy Act
Memorandum for the Secretary of State
Pursuant to the authority vested in me as President by the Constitution
and the laws of the United States, including section 7(a) of the
Jerusalem Embassy Act of 1995 (Public Law 104-45) (the ``Act''), I
hereby determine that it is necessary to protect the national security
interests of the United States to suspend for a period of 6 months the
limitations set forth in sections 3(b) and 7(b) of the Act. My
Administration remains committed to beginning the process of moving our
embassy to Jerusalem.
You are hereby authorized and directed to transmit this determination to
the Congress, accompanied by a report in accordance with section 7(a) of
the Act, and to publish the determination in the Federal Register.
[[Page 311]]
This suspension shall take effect after transmission of this
determination and report to the Congress.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 15, 2004.
Presidential Determination No. 2005-15 of December 21, 2004
Provision of Aviation Insurance Coverage for Commercial Air Carrier
Service in Domestic and International Operations
Memorandum for the Secretary of Transportation
By the authority vested in me by 49 U.S.C. 44302, et seq., I hereby:
1. determine that continuation of U.S.-flag commercial air service is
necessary in the interest of air commerce, national security, and the
foreign policy of the United States.
2. approve provision by the Secretary of Transportation of insurance or
reinsurance to U.S.-flag air carriers against loss or damage arising out
of any risk from the operation of an aircraft in the manner and to the
extent provided in Chapter 443 of 49 U.S.C.:
(a)
until August 31, 2005;
(b)
after August 31, 2005, but no later than December 31, 2005, when he
determines that such insurance or reinsurance cannot be obtained on
reasonable terms and conditions from any company authorized to
conduct an insurance business in a State of the United States; and
3. delegate to the Secretary of Transportation the authority, vested in
me by 49 U.S.C. 44306(c), to extend this determination for additional
periods beyond August 31, 2005, but no later than December 31, 2005,
when he finds that the continued operation of aircraft to be insured or
reinsured is necessary in the interest of air commerce or the national
security, or to carry out the foreign policy of the United States
Government.
You are directed to bring this determination immediately to the
attention of all air carriers within the meaning of 49 U.S.C. 40102(2),
and to arrange for its publication in the Federal Register.
GEORGE W. BUSH
THE WHITE HOUSE,
Washington, December 21, 2004.
[[Page 313]]
CHAPTER I--EXECUTIVE OFFICE OF THE PRESIDENT
--------------------------------------------------------------------
Part Page
100 Standards of conduct........................ 314
101 Public information provisions of the
Administrative Procedures Act........... 314
102 Enforcement of nondiscrimination on the
basis of handicap in programs or
activities conducted by the Executive
Office of the President................. 314
PART 100--STANDARDS OF CONDUCT--Table of Contents
Authority: 5 U.S.C. 7301.
Source: 64 FR 12881, Mar. 16, 1999, unless otherwise noted.
Sec. 100.1 Ethical conduct standards and financial disclosure regulations.
Employees of the Executive Office of the President are subject to
the executive branch-wide standards of ethical conduct at 5 CFR part
2635, and the executive branch-wide financial disclosure regulations at
5 CFR part 2634.
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 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]
[[Page 315]]
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.
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
[[Page 316]]
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
(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
[[Page 317]]
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;
(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.
[[Page 318]]
(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 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
[[Page 319]]
forreaching 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;
(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,
[[Page 320]]
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 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.
[[Page 321]]
(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 323]]
TITLE 3 FINDING AIDS
________________________________________________________________________
Table 1--Proclamations
Table 2--Executive Orders
Table 3--Other Presidential Documents
Table 4--Presidential Documents Affected During 2004
Table 5--Statutes Cited as Authority for Presidential Documents
List of CFR Sections Affected
Index
[[Page 325]]
Table 1--PROCLAMATIONS
------------------------------------------------------------------------
No. Signature Date Subject 69 FR Page
------------------------------------------------------------------------
2004............
7749............... Jan. 9.......... National Mentoring 2285
Month, 2004.
7750............... Jan. 12......... To Suspend Entry as 2287
Immigrants or
Nonimmigrants of
Persons Engaged In
or Benefiting From
Corruption, 2004.
7751............... Jan. 15......... Martin Luther King, 2819
Jr., Federal
Holiday, 2004.
7752............... Jan. 15......... National Sanctity of 2821
Human Life Day,
2004.
7753............... Jan. 16......... Religious Freedom 2995
Day, 2004.
7754............... Feb. 2.......... American Heart 5457
Month, 2004.
7755............... Feb. 2.......... National Consumer 5677
Protection Week,
2004.
7756............... Feb. 3.......... National African 5903
American History
Month, 2004.
7757............... Feb. 26......... Expanding the Scope 9515
of the National
Emergency and
Invocation of
Emergency Authority
Relating to the
Regulation of the
Anchorage and
Movement of Vessels
Into Cuban
Territorial Waters.
7758............... Mar. 1.......... To Modify Duty-Free 10131
Treatment Under the
Generalized System
of Preferences.
7759............... Mar. 3.......... American Red Cross 10593
Month, 2004.
7760............... Mar. 5.......... Irish-American 11483
Heritage Month,
2004.
7761............... Mar. 5.......... Women's History 11485
Month, 2004.
7762............... Mar. 5.......... Save Your Vision 11487
Week, 2004.
7763............... Mar. 19......... National Poison 13707
Prevention Week,
2004.
7764............... Mar. 25......... Greek Independence 16453
Day: A National Day
of Celebration of
Greek and American
Democracy, 2004.
7765............... Apr. 2.......... Cancer Control 18465
Month, 2004.
7766............... Apr. 2.......... National Child Abuse 18467
Prevention Month,
2004.
7767............... Apr. 2.......... Education and 18469
Sharing Day U.S.A.,
2004.
7768............... Apr. 7.......... National D.A.R.E. 19077
Day, 2004.
7769............... Apr. 8.......... National Donate Life 19309
Month, 2004.
7770............... Apr. 9.......... National Former 19751
Prisoner of War
Recognition Day,
2004.
7771............... Apr. 13......... Pan American Day and 20537
Pan American Week,
2004.
7772............... Apr. 16......... National Park Week, 21683
2004.
7773............... Apr. 16......... National Volunteer 21685
Week, 2004.
7774............... Apr. 17......... National Crime 21687
Victims' Rights
Week, 2004.
7775............... Apr. 23......... Jewish Heritage 23085
Week, 2004.
7776............... Apr. 30......... Older Americans 25283
Month, 2004.
7777............... Apr. 30......... National Charter 25285
Schools Week, 2004.
7778............... Apr. 30......... Law Day, U.S.A., 25287
2004.
7779............... Apr. 30......... Loyalty Day, 2004... 25289
7780............... Apr. 30......... National Day of 25291
Prayer, 2004.
[[Page 326]]
7781............... May 7........... Asian/Pacific 26467
American Heritage
Month, 2004.
7782............... May 7........... National Physical 26469
Fitness and Sports
Month, 2004.
7783............... May 7........... Mother's Day, 2004.. 26471
7784............... May 7........... Peace Officers 26473
Memorial Day and
Police Week, 2004.
7785............... May 14.......... National Defense 29031
Transportation Day
and National
Transportation
Week, 2004.
7786............... May 14.......... National Hurricane 29033
Preparedness Week,
2004.
7787............... May 14.......... Small Business Week, 29035
2004.
7788............... May 14.......... World Trade Week, 29037
2004.
7789............... May 21.......... National Maritime 29845
Day, 2004.
7790............... May 21.......... National Safe 29847
Boating Week, 2004.
7791............... May 26.......... Prayer for Peace, 30813
Memorial Day, 2004.
7792............... June 5.......... D-Day National 32239
Remembrance Day,
2004.
7793............... June 5.......... National Child's 32241
Day, 2004.
7794............... June 6.......... Announcing the Death 32243
of Ronald Reagan.
7795............... June 4.......... Great Outdoors 32427
Month, 2004.
7796............... June 12......... Flag Day and 33831
National Flag Week,
2004.
7797............... June 19......... Father's Day, 2004.. 35227
7798............... June 22......... Black Music Month, 35503
2004.
7799............... June 26......... National HIV Testing 39311
Day, 2004.
7800............... June 30......... To Modify Duty-Free 40299
Treatment Under the
Generalized System
of Preferences.
7801............... July 2.......... Returning the Flag 41179
of the United
States to Full-
Staff.
7802............... July 16......... Captive Nations 43727
Week, 2004.
7803............... July 23......... Parents' Day, 2004.. 46049
7804............... July 26......... Anniversary of the 46051
Americans with
Disabilities Act,
2004.
7805............... Aug. 16......... National Airborne 51353
Day, 2004.
7806............... Aug. 26......... Women's Equality 52987
Day, 2004.
7807............... Sept. 4......... Minority Enterprise 54737
Development Week,
2004.
7808............... Sept. 7......... To Modify the 54739
Generalized System
of Preferences, and
for Other Purposes.
7809............... Sept. 10........ National Alcohol and 55711
Drug Addiction
Recovery Month,
2004.
7810............... Sept. 10........ National Ovarian 55713
Cancer Awareness
Month, 2004.
7811............... Sept. 10........ National Days of 55715
Prayer and
Remembrance, 2004.
7812............... Sept. 10........ Patriot Day, 2004... 55717
7813............... Sept. 14........ National Prostate 56147
Cancer Awareness
Month, 2004.
7814............... Sept. 14........ National 56149
Historically Black
Colleges and
Universities Week,
2004.
7815............... Sept. 14........ National POW/MIA 56151
Recognition Day,
2004.
7816............... Sept. 17........ National Hispanic 56661
Heritage Month,
2004.
7817............... Sept. 17........ Citizenship Day and 56663
Constitution Week,
2004.
7818............... Sept. 20........ National Farm Safety 56925
and Health Week,
2004.
[[Page 327]]
7819............... Sept. 21........ National Employer 57161
Support of the
Guard and Reserve
Week, 2004.
7820............... Sept. 24........ Family Day, 2004.... 58033
7821............... Sept. 25........ Gold Star Mother's 58247
Day, 2004.
7822............... Sept. 24........ National Hunting and 59539
Fishing Day, 2004.
7823............... Oct. 1.......... National Breast 59759
Cancer Awareness
Month, 2004.
7824............... Oct. 4.......... Fire Prevention 60275
Week, 2004.
7825............... Oct. 4.......... Child Health Day, 60277
2004.
7826............... Oct. 4.......... To Implement the 60279
2004 United States-
Israel Agreement on
Trade in
Agricultural
Products.
7827............... Oct. 6.......... German-American Day, 60789
2004.
7828............... Oct. 7.......... Leif Erikson Day, 60793
2004.
7829............... Oct. 11......... Columbus Day, 2004.. 61135
7830............... Oct. 11......... General Pulaski 61137
Memorial Day, 2004.
7831............... Oct. 12......... National School 61141
Lunch Week, 2004.
7832............... Oct. 15......... National Mammography 61727
Day, 2004.
7833............... Oct. 15......... White Cane Safety 61729
Day, 2004.
7834............... Oct. 18......... National Character 61989
Counts Week, 2004.
7835............... Oct. 20......... National Disability 62387
Employment
Awareness Month,
2004.
7836............... Oct. 20......... National Forest 62389
Products Week, 2004.
7837............... Oct. 24......... United Nations Day, 62801
2004.
7838............... Nov. 4.......... National Adoption 65041
Month, 2004.
7839............... Nov. 4.......... National Alzheimer's 65043
Disease Awareness
Month, 2004.
7840............... Nov. 4.......... National American 65045
Indian Heritage
Month, 2004.
7841............... Nov. 4.......... National Diabetes 65047
Month, 2004.
7842............... Nov. 4.......... National Family 65049
Caregivers Month,
2004.
7843............... Nov. 4.......... National Hospice 65051
Month, 2004.
7844............... Nov. 9.......... Veterans Day, 2004.. 65511
7845............... Nov. 9.......... World Freedom Day, 65515
2004.
7846............... Nov. 15......... America Recycles 67631
Day, 2004.
7847............... Nov. 19......... National Farm-City 68753
Week, 2004.
7848............... Nov. 23......... National Family 69501
Week, 2004.
7849............... Nov. 23......... Thanksgiving Day, 69503
2004.
7850............... Dec. 1.......... World AIDS Day, 2004 70351
7851............... Dec. 2.......... National Drunk and 70353
Drugged Driving
Prevention Month,
2004.
7852............... Dec. 6.......... National Pearl 71689
Harbor Remembrance
Day, 2004.
7853............... Dec. 10......... To Take Certain 74945
Actions Under the
African Growth and
Opportunity Act
With Respect to
Burkina Faso.
7854............... Dec. 10......... Human Rights Day, 74947
Bill of Rights Day,
and Human Rights
Week, 2004.
7855............... Dec. 15......... 60th Anniversary of 76371
the Battle of the
Bulge, 2004.
7856............... Dec. 17......... Wright Brothers Day, 76595
2004.
7857............... Dec. 20......... To Implement the 77135
United States-
Australia Free
Trade Agreement.
7858............... Dec. 21......... To Take Certain 77603
Actions Under the
African Growth and
Opportunity Act.
------------------------------------------------------------------------
[[Page 329]]
Table 2--EXECUTIVE ORDERS
------------------------------------------------------------------------
No. Signature Date Subject 69 FR Page
------------------------------------------------------------------------
2004............
13324.............. Jan. 15......... Termination of 2823
Emergency With
Respect to Sierra
Leone and Liberia.
13325.............. Jan. 23......... Amendment to 4217
Executive Order
12293, the Foreign
Service of the
United States.
13326.............. Jan. 27......... President's 5255
Commission on
Implementation of
United States Space
Exploration Policy.
13327.............. Feb. 4.......... Federal Real 5897
Property Asset
Management.
13328.............. Feb. 6.......... Commission on the 6901
Intelligence
Capabilities of the
United States
Regarding Weapons
of Mass Destruction.
13329.............. Feb. 24......... Encouraging 9181
Innovation in
Manufacturing.
13330.............. Feb. 24......... Human Service 9185
Transportation
Coordination.
13331.............. Feb. 27......... National and 9911
Community Service
Programs.
13332.............. Mar. 3.......... Further Adjustment 10891
of Certain Rates of
Pay.
13333.............. Mar. 18......... Amending Executive 13455
Order 13257 To
Implement the
Trafficking Victims
Protection
Reauthorization Act
of 2003.
13334.............. Apr. 10......... Establishing an 19917
Emergency Board To
Investigate a
Dispute Between the
Southeastern
Pennsylvania
Transportation
Authority and its
Conductors
Represented by the
United
Transportation
Union.
13335.............. Apr. 27......... Incentives for the 24059
Use of Health
Information
Technology and
Establishing the
Position of the
National Health
Information
Technology
Coordinator.
13336.............. Apr. 30......... American Indian and 25295
Alaska Native
Education.
13337.............. Apr. 30......... Issuance of Permits 25299
With Respect to
Certain Energy-
Related Facilities
and Land
Transportation
Crossings on the
International
Boundaries of the
United States.
13338.............. May 11.......... Blocking Property of 26751
Certain Persons and
Prohibiting the
Export of Certain
Goods to Syria.
13339.............. May 13.......... Increasing Economic 28037
Opportunity and
Business
Participation of
Asian Americans and
Pacific Islanders.
[[Page 330]]
13340.............. May 18.......... Establishment of 29043
Great Lakes
Interagency Task
Force and Promotion
of a Regional
Collaboration of
National
Significance for
the Great Lakes.
13341.............. May 20.......... Further Amendment to 29843
Executive Order
11023, Providing
for the Performance
by the Secretary of
Commerce of Certain
Functions Relating
to the National
Oceanic and
Atmospheric
Administration.
13342.............. June 1.......... Responsibilities of 31509
the Departments of
Commerce and
Veterans Affairs
and the Small
Business
Administration With
Respect to Faith-
Based and Community
Initiatives.
13343.............. June 6.......... Providing for the 32245
Closing of
Government
Departments and
Agencies on June
11, 2004.
13344.............. July 7.......... Amending Executive 41747
Order 13261 on the
Order of Succession
in the
Environmental
Protection Agency.
13345.............. July 8.......... Assigning Foreign 41901
Affairs Functions
and Implementing
the Enterprise for
the Americas
Initiative and the
Tropical Forest
Conservation Act.
13346.............. July 8.......... Delegation of 41905
Certain Waiver,
Determination,
Certification,
Recommendation, and
Reporting Functions.
13347.............. July 22......... Individuals With 44573
Disabilities in
Emergency
Preparedness.
13348.............. July 22......... Blocking Property of 44885
Certain Persons and
Prohibiting the
Importation of
Certain Goods from
Liberia.
13349.............. July 23......... Amending Executive 44891
Order 13226 To
Designate the
President's Council
of Advisors on
Science and
Technology To Serve
as the National
Nanotechnology
Advisory Panel.
13350.............. July 29......... Termination of 46055
Emergency Declared
in Executive Order
12722 With Respect
to Iraq and
Modification of
Executive Order
13290, Executive
Order 13303, and
Executive Order
13315.
13351.............. Aug. 9.......... Establishing an 50047
Emergency Board To
Investigate a
Dispute Between the
Southeastern
Pennsylvania
Transportation
Authority and Its
Conductors
Represented by the
United
Transportation
Union.
13352.............. Aug. 26......... Facilitation of 52989
Cooperative
Conservation.
13353.............. Aug. 27......... Establishing the 53585
President's Board
on Safeguarding
Americans' Civil
Liberties.
13354.............. Aug. 27......... National 53589
Counterterrorism
Center.
13355.............. Aug. 27......... Strengthened 53593
Management of the
Intelligence
Community.
[[Page 331]]
13356.............. Aug. 27......... Strengthening the 53599
Sharing of
Terrorism
Information To
Protect Americans.
13357.............. Sep. 20......... Termination of 56665
Emergency Declared
in Executive Order
12543 With Respect
to the Policies and
Actions of the
Government of Libya
and Revocation of
Related Executive
Orders.
13358.............. Sep. 28......... Assignment of 58797
Functions Relating
to Certain
Appointments,
Promotions, and
Commissions in the
Armed Forces.
13359.............. Oct. 20......... Amendment to 62391
Executive Order
13173, Interagency
Task Force on the
Economic
Development of the
Central San Joaquin
Valley.
13360.............. Oct. 20......... Providing 62549
Opportunities for
Service-Disabled
Veteran Businesses
To Increase Their
Federal Contracting
and Subcontracting.
13361.............. Nov. 16......... Assignment of 67633
Functions Under the
United States
Leadership Against
HIV/AIDS,
Tuberculosis, and
Malaria Act of 2003.
13362.............. Nov. 29......... Designation of 70173
Additional Officers
for the Department
of Homeland
Security Order of
Succession.
13363.............. Nov. 29......... Establishing the 70175
Afghanistan and
Iraq Campaign
Medals.
13364.............. Nov. 29......... Modifying the 70177
Protection Granted
to the Development
Fund for Iraq and
Certain Property in
Which Iraq Has an
Interest and
Protecting the
Central Bank of
Iraq.
13365.............. Dec 3........... 2004 Amendments to 71333
the Manual for
Courts-Martial,
United States.
13366.............. Dec. 17......... Committee on Ocean 76591
Policy.
13367.............. Dec. 21......... United States-Mexico 77605
Border Health
Commission.
------------------------------------------------------------------------
------------------------------------------------------------------------
No. Signature Date Subject 70 FR Page
------------------------------------------------------------------------
2004............
13368.............. Dec. 30......... Adjustments of 1147
Certain Rates of
Pay.
------------------------------------------------------------------------
[[Page 333]]
Table 3--OTHER PRESIDENTIAL DOCUMENTS
------------------------------------------------------------------------
69 FR
Signature Date Subject Page
------------------------------------------------------------------------
2004
Jan. 5................... Notice: Continuation of the 847
National Emergency With Respect
to Libya.
Jan. 5................... Presidential Determination No. 04- 2477
20: Eligibility of the Regional
Security System (RSS) To Receive
Defense Articles and Services
Under the Foreign Assistance Act
and the Arms Export Control Act.
Jan. 15.................. Presidential Determination No. 04- 4843
21: Designation of the State of
Kuwait as a Major Non-NATO Ally.
Jan. 16.................. Notice: Continuation of the 2991
National Emergency With Respect
to Terrorists Who Threaten To
Disrupt the Middle East Peace
Process.
Feb. 5................... Presidential Determination No. 04- 8323
22: Determination Pursuant to
Section 2(c)(1) of the Migration
and Refugee Assistance Act of
1962, as Amended.
Feb. 13.................. Notice: Notice of Intention To 7677
Enter Into a Free Trade Agreement
With Australia.
Feb. 20.................. Notice: Notice of Intention To 8543
Enter Into a Free Trade Agreement
With Costa Rica, El Salvador,
Honduras, Guatemala, and
Nicaragua (the ``CAFTA
Countries'').
Feb. 23.................. Memorandum: Delegation of Certain 9509
Authority Under the United States
Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of
2003.
Feb. 25.................. Presidential Determination No. 04- 9915
23: Determination Consistent With
the Emergency Supplemental
Appropriations Act for Defense
and for the Reconstruction of
Iraq and Afghanistan, 2004
(Public Law 108-106), To Make
Available Assistance for Liberia.
Feb. 25.................. Presidential Determination No. 04- 9917
24: Determination Pursuant to
Section 2(c)(1) of the Migration
and Refugee Assistance Act of
1962, as Amended.
Feb. 26.................. Notice: Continuation of the 9513
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. 04- 10595
25: Determination that the
Government of Pakistan is
Cooperating With the United
States in the Global War on
Terrorism.
Mar. 1................... Memorandum: Delegation of Certain 10133
Reporting Authority.
Mar. 2................... Notice: Continuation of the 10313
National Emergency Blocking
Property of Persons Undermining
Democratic Processes or
Institutions in Zimbabwe.
Mar. 3................... Memorandum: Presidential 10597
Determination on Imports of
Certain Ductile Iron Waterworks
Fittings From the People's
Republic of China.
Mar. 5................... Memorandum: Delegation of Certain 11489
Reporting Authority.
Mar. 8................... Notice: Notice of Intention To 11491
Enter Into a Free Trade Agreement
With Morocco.
Mar. 10.................. Notice: Continuation of the 12051
National Emergency With Respect
to Iraq.
[[Page 334]]
Mar. 18.................. Memorandum: Delegation of Certain 13211
Authority Under the National
Defense Authorization Act for
Fiscal Year 2004, Public Law 108-
136.
Mar. 24.................. Notice: Notice of Intention To 16161
Enter Into a Free Trade Agreement
With the Dominican Republic.
Mar. 24.................. Presidential Determination No. 04- 21675
26: Determination To Waive
Military Coup-Related Provision
of the Foreign Operations, Export
Financing, and Related Programs
Appropriations Act, 2004, With
Respect to Pakistan.
Apr. 6................... Presidential Determination No. 04- 21677
27: Waiving Prohibition on United
States Military Assistance to
Parties to the Rome Statute
Establishing the International
Criminal Court.
Apr. 14.................. Presidential Determination No. 04- 21679
28: Waiver and Certification of
Statutory Provisions Regarding
the Palestine Liberation
Organization.
Apr. 21.................. Presidential Determination No. 04- 24905
29: Presidential Determination on
the Sudan Peace Act.
Apr. 23.................. Presidential Determination No. 04- 24907
30: Determination and
Certification Under Section 8(b)
of the Iran and Libya Sanctions
Act.
May 17................... Notice: Continuation of the 29041
National Emergency With Respect
to Burma.
May 20................... Notice: Continuation of the 29409
National Emergency Protecting the
Development Fund for Iraq and
Certain Other Property in Which
Iraq Has an Interest.
May 25................... Presidential Determination No. 04- 31511
31: Waiving Prohibition on United
States Military Assistance With
Respect to Burkina Faso and
Dominica.
June 3................... Memorandum: Command and Control of 32833
the National Guard for 2004 Group
of Eight (``G8'') Summit.
June 3................... Memorandum: Secret Service 32235
Protection for Distinguished
Foreign Visitors to the 2004
Group of Eight (``G8'') Summit.
June 3................... Presidential Determination No. 04- 32429
32: Determination Under
Subsection 402(d)(1) of the Trade
Act of 1974, as Amended--
Continuation of Waiver Authority
for Turkmenistan.
June 3................... Presidential Determination No. 04- 32431
33: Determination Under
Subsection 402(d)(1) of the Trade
Act of 1974, as Amended--
Continuation of Waiver Authority
for the Republic of Belarus.
June 3................... Presidential Determination No. 04- 32433
34: Determination Under
Subsection 402(d)(1) of the Trade
Act of 1974, as Amended--
Continuation of Waiver Authority
for Vietnam.
June 3................... Presidential Determination No. 04- 34049
35: Designation of the Kingdom of
Morocco as a Major Non-NATO Ally.
June 14.................. Memorandum: Certification 34043
Concerning U.S. Participation in
the United Nations Stabilization
Mission in Haiti Consistent With
Section 2005 of the American
Servicemembers' Protection Act.
June 15.................. Notice: Notice of Intention To 34045
Enter Into a Free Trade Agreement
With Bahrain.
June 15.................. Presidential Determination No. 04- 38795
36: Suspension of Limitations
Under the Jerusalem Embassy Act.
[[Page 335]]
June 16.................. Notice: Continuation of the 34047
National Emergency With Respect
to the Risk of Nuclear
Proliferation Created by the
Accumulation of Weapons-Usable
Fissile Material in the Territory
of the Russian Federation.
June 16.................. Presidential Determination No. 04- 38797
37: Designation of the Islamic
Republic of Pakistan as a Major
Non-NATO Ally.
June 24.................. Notice: Continuation of the 36005
National Emergency With Respect
to the Western Balkans.
June 24.................. Presidential Determination No. 04- 40305
38: Determination Pursuant to
Section 2(c)(1) of the Migration
and Refugee Assistance Act of
1962, as Amended.
June 25.................. Presidential Determination No. 04- 40761
39: Imposition and Waiver of
Sanctions Under Section 604 of
the FY 2003 Foreign Relations
Authorization Act (Public Law 107-
228).
June 29.................. Memorandum: Administration of 40531
Certain Appropriations Relating
to Iraq.
July 2................... Memorandum: Delegation of Certain 43723
Reporting Authority.
July 5................... Memorandum: Delegation of 42087
Authority Under Section 517(a) of
the National Defense
Authorization Act for Fiscal Year
2004.
July 8................... Memorandum: Delegation of 43725
Responsibility Under Section 1523
of the Strom Thurmond National
Defense Authorization Act for
Fiscal Year 1999, as Amended.
July 21.................. Presidential Determination No. 04- 46399
40: Eligibility of Iraq to
Receive Defense Articles and
Services Under the Foreign
Assistance Act of 1961, as
Amended, and the Arms Export
Control Act, as Amended.
July 23.................. Memorandum: National Guard Support 46397
for 2004 Democratic and
Republican National Conventions
and Other Appropriate Events.
Aug. 6................... Notice: Continuation of Emergency 48763
Regarding Export Control
Regulations.
Aug. 6................... Presidential Determination No. 04- 50049
41: Waiving Prohibition on United
States Military Assistance With
Respect to the Republic of the
Congo.
Aug. 17.................. Presidential Determination No. 04- 52807
42: Continuation of U.S. Drug
Interdiction Assistance to the
Government of Colombia.
Aug. 20.................. Presidential Determination No. 04- 52809
43: Determination To Make
Available Assistance for Liberia.
Sept. 10................. Notice: Continuation of the 55313
National Emergency With Respect
to Certain Terrorist Attacks.
Sept. 10................. Presidential Determination No. 04- 56153
44: Presidential Determination
and Certification Concerning
Libya Under Section 101 and
102(b) of the Arms Export Control
Act and Determination on Export-
Import Bank Support for U.S.
Exports to Libya.
Sept. 10................. Presidential Determination No. 04- 55497
45: Continuation of the Exercise
of Certain Authorities Under the
Trading With the Enemy Act.
Sept. 10................. Presidential Determination No. 04- 56155
46: Presidential Determination
With Respect to Foreign
Governments' Efforts Regarding
Trafficking in Persons.
[[Page 336]]
Sept. 15................. Presidential Determination No. 04- 57809
47: Presidential Determination on
Major Drug Transit or Major
Illicit Drug Producing Countries
for FY05.
Sept. 20................. Presidential Determination No. 04- 58035
49: Determination and Waiver of
Application of Section 908(a)(1)
of the Trade Sanctions Reform and
Export Enhancement Act of 2000
With Respect to Libya.
Sept. 21................. Notice: Continuation of the 56923
National Emergency With Respect
to Persons Who Commit, Threaten
To Commit, or Support Terrorism.
Sept. 24................. Presidential Determination No. 04- 58789
50: Presidential Determination on
Eligibility of the African Union
To Receive Defense Articles and
Services Under the Foreign
Assistance Act of 1961, as
Amended, and the Arms Export
Control Act, as Amended.
Sept. 24................. Presidential Determination No. 04- 58791
51: Determination To Make
Available Assistance for Sudan.
Sept. 24................. Presidential Determination No. 04- 58793
52: Certification Permitting
Rescission of Iraq as a Sponsor
of Terrorism.
Sept. 30................. Presidential Determination No. 04- 60943
53: Presidential Determination on
FY 2005 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. 04- 60945
54: Transfer of Funds Under
Section 610 of the Foreign
Assistance Act.
Oct. 7................... Presidential Determination No. 05- 62793
01: Determination Pursuant to
Section 2(c)(1) of the Migration
and Refugee Assistance Act of
1962, as Amended.
Oct. 14.................. Presidential Determination No. 05- 62795
02: Waiver and Certification of
Statutory Provisions Regarding
the Palestine Liberation
Organization.
Oct. 16.................. Presidential Determination No. 05- 62797
03: Provision of U.S. Drug
Interdiction Assistance to the
Government of Brazil.
Oct. 19.................. Notice: Continuation of the 61733
National Emergency With Respect
to Significant Narcotics
Traffickers Centered in Colombia.
Oct. 20.................. Presidential Determination No. 05- 63037
04: Presidential Determination on
Use of Cooperative Threat
Reduction Funds in Albania Under
Section 1308 of the National
Defense Authorization Act for
Fiscal Year 2004.
Oct. 20.................. Presidential Determination No. 05- 63917
05: Presidential Determination
Relating to Obligation of
Cooperative Threat Reduction
Funds in Albania Under Section
1308 of the National Defense
Authorization Act for Fiscal Year
2004.
Oct. 21.................. Memorandum: Delegation of Certain 63039
Functions Related to the Sudan
Peace Act.
Oct. 21.................. Memorandum: Designation and 70349
Authorization To Perform
Functions Under Section 319F-2 of
the Public Health Service Act.
Oct. 22.................. Presidential Determination No. 05- 64475
06: Drawdown of Commodities and
Services from the Department of
Defense To Support African Union
Peacekeeping in Darfur, Sudan.
[[Page 337]]
Nov. 1................... Notice: Continuation of the 63915
National Emergency With Respect
to Sudan.
Nov. 4................... Notice: Continuation of Emergency 64637
Regarding Weapons of Mass
Destruction.
Nov. 9................... Notice: Continuation of the 65513
National Emergency With Respect
to Iran.
Nov. 29.................. Presidential Determination No. 05- 72109
07: Presidential Determination on
Waiver of Conditions on
Obligation and Expenditure of
Funds for Planning, Design, and
Construction of a Chemical
Weapons Destruction Facility in
Russia.
Nov. 29.................. Presidential Determination No. 05- 74931
08: Waiving Prohibition on United
States Military Assistance With
Respect to Burundi, Guyana, and
Liberia.
Dec. 6................... Presidential Determination No. 05- 74933
09: Waiver of Restrictions on
Assistance to Russia Under the
Cooperative Threat Reduction Act
of 1993 and Title V of the
FREEDOM Support Act.
Dec. 8................... Memorandum: Assignment of 78847
Functions Implementing the HELP
Commission Act.
Dec. 8................... Memorandum: Delegation of Certain 74935
Reporting Authority.
Dec. 8................... Memorandum: Delegation of Certain 74937
Reporting Authority.
Dec. 8................... Memorandum: Delegation of Certain 74939
Reporting Authority.
Dec. 8................... Memorandum: Delegation of Certain 74941
Reporting Authority.
Dec. 8................... Presidential Determination No. 05- 78849
10: Waiver of Restrictions on
Providing Funds to the
Palestinian Authority.
Dec. 10.................. Presidential Determination No. 05- 76587
11: Renewal of Trade Agreement
With the Socialist Republic of
Vietnam.
Dec. 15.................. Presidential Determination No. 05- 78851
14: Suspension of Limitations
Under the Jerusalem Embassy Act.
Dec. 21.................. Presidential Determination No. 05- 77607
15: Provision of Aviation
Insurance Coverage for Commercial
Air Carrier Service in Domestic
and International Operations.
------------------------------------------------------------------------
------------------------------------------------------------------------
70 FR
Signature Date Subject Page
------------------------------------------------------------------------
2004
Sept. 20................. Presidential Determination No. 04- 1783
48: Intention To Grant Waiver of
the Application of Section 901(j)
of the Internal Revenue Code With
Respect to Libya.
Dec. 10.................. Presidential Determination No. 05- 1785
12: Presidential Determination To
Waive the Application of Section
901(j) of the Internal Revenue
Code With Respect to Libya.
Dec. 14.................. Presidential Determination No. 05- 1
13: Waiver of Restrictions on
Assistance to the Republic of
Uzbekistan Under the Cooperative
Threat Reduction Act of 1993 and
Title V of the FREEDOM Support
Act.
------------------------------------------------------------------------
[[Page 339]]
Title 3--The President
Table 4--PRESIDENTIAL DOCUMENTS AFFECTED DURING 2004
________________________________________________________________________
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
6867.............See Proc. 7757; Notice of Feb. 26, p. 263..............
7350.............See Proc. 7858.........................................
7463.............See Notice of Sept. 10, p. 286.........................
7561.............Amended by Proc. 7858..................................
Executive Orders
Date or Number
Comment
December 18, 1849Revoked by PLO 7606....................................
July 14, 1875....Partially revoked by PLO 7600..........................
10485............See EO 13337...........................................
10530............See EO 13337...........................................
11023............Amended by EO 13341....................................
11269............See EO 13345...........................................
11423............Amended by EO 13337....................................
11582............See EO 13343...........................................
12163............Amended by EOs 13346, 13361............................
12170............See Notices of Mar. 10, p. 267; Nov. 9, p. 304.........
12293............Amended by EO 13325....................................
12333............Amended by EO 13355; See EOs 13354, 13356..............
12473............Amended by EO 13365....................................
12512............Revoked by EO 13327....................................
[[Page 340]]
12538............Revoked by EO 13357....................................
12543............See Notice of Jan. 5, p.257; Revoked by EO 13357.......
12544............See Notice of Jan. 5, p. 257; Revoked by EO 13357......
12722............Revoked by EO 13350....................................
12724............Revoked by EO 13350....................................
12734............Revoked by EO 13350....................................
12743............Revoked by EO 13350....................................
12751............Revoked by EO 13350....................................
12757............Revoked by EO 13345....................................
12801............Revoked by EO 13357....................................
12817............Revoked by EO 13350....................................
12823............Revoked by EO 13345....................................
12938............See Notice of Nov. 4, p. 303...........................
12947............See Notice of Jan. 16, p. 259..........................
12957............See Notice of Mar. 10, p. 267..........................
12958............See EOs 13328, 13329, 13354, 13356.....................
12959............See Notice of Mar. 10, p. 267..........................
12978............See Notice of Oct. 19, p. 299..........................
13028............Revoked by EO 13345....................................
13047............See Notice of May 17, p. 271...........................
13059............See Notice of Mar. 10, p. 267..........................
13067............See Notice of Nov. 1, p. 303...........................
13094............See Notice of Nov. 4, p. 303...........................
13096............Revoked by EO 13336....................................
13099............See Notice of Jan. 16, p. 259..........................
13131............Revoked by EO 13345....................................
13148............See EO 13327...........................................
13159............See Notice of June 16, p. 278..........................
13173............Amended by EO 13359....................................
13175............See EO 13336...........................................
13194............Revoked by EO 13324....................................
13212............See EO 13337...........................................
13213............Revoked by EO 13324....................................
13219............See Notice of June 24, p. 279..........................
13222............See Notice of August 6, p. 284; Presidential ..........
Determination No. 04-52, p. 295
13223............See Notice of Sept. 10, p. 286.........................
13224............See EO 13338; Notice of Sept. 21, p. 293...............
13226............Amended by EO 13349....................................
13235............See Notice of Sept. 10, p. 286.........................
13253............See Notice of Sept. 10, p. 286.........................
13257............Amended by EO 13333....................................
13261............Amended by EO 13344....................................
13263............See Proc. 7804.........................................
13277............Amended by EO 13346....................................
[[Page 341]]
13286............See EO 13362; Notice of Sept. 10, p. 286...............
13287............See EO 13327...........................................
13288............See Notice of Mar. 2, p. 267...........................
13289............See EO 13363...........................................
13290............Amended by EO 13350....................................
13303............Amended by EO 13364; See EO 13350; Notice of May 20, p.
272
13304............See Notice of June 24, p. 279..........................
13310............See Notice of May 17, p. 271...........................
13311............See EO 13356...........................................
13315............Superseded in part by EO 13350; See EO 13364; Notice of
May 20, p. 272
13322............Superseded by EO 13332.................................
13330............See Proc. 7804.........................................
13332............Superseded by EO 13368.................................
13334............See EO 13351...........................................
13347............See Proc. 7804.........................................
13350............See EO 13364...........................................
[[Page 343]]
Title 3--The President
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
3 U.S.C. 301................. Procs. 7750, 7757, 7857, 7858; EOs 13337,
13338, 13341, 13345, 13346, 13348,
13350, 13357, 13358, 13361, 13364;
Presidential Determination No. 04-48, p.
292; Memorandums of Feb. 23, p. 261;
Mar. 1, p. 264; Mar. 5, p. 266; Mar. 18,
p. 268; June 3, p. 273; June 3, p. 274;
July 2, p. 282; July 5, p. 282; July 8,
p. 283; July 23, p. 284; Oct. 21, p.
301; Oct. 21, p. 302; Dec. 8, p. 306;
Dec. 8, p. 307; Dec. 8, p. 307; Dec. 8,
p. 307; Dec. 8, p. 308
5 U.S.C. 3345, et seq........ EOs 13344, 13362
8 U.S.C. 1157................ Presidential Determination No. 04-53, p.
296
8 U.S.C. 1182(f)............. Proc. 7750
10 U.S.C. 801-946............ EO 13365
15 U.S.C. 631 et seq......... EO 13329
19 U.S.C. 2112 Note.......... Proc. 7826
19 U.S.C. 2432(d)(1)......... Presidential Determination Nos. 04-32, p.
274; 04-34, p. 275
19 U.S.C. 2435(b)(1)(B)...... Presidential Determination No. 05-11, p.
309
19 U.S.C. 2451............... Memorandum of Mar. 3, p. 265
19 U.S.C. 2461-7............. Proc. 7800
19 U.S.C. 2461-67............ Proc. 7758
19 U.S.C. 2466a(a)(1)........ Procs. 7853, 7858
19 U.S.C. 2483............... Procs. 7758, 7800, 7826, 7857, 7858
19 U.S.C. 3805 note.......... Proc. 7857
22 U.S.C. 287c............... EOs 13324, 13348, 13350, 13357, 13364
22 U.S.C. 288................ EO 13367
[[Page 344]]
22 U.S.C. 2291-4............. Presidential Determination Nos. 04-42, p.
285; 05-03, p. 299
22 U.S.C. 2349aa-8........... EO 13357
22 U.S.C. 2349aa-9........... EO 13357
22 U.S.C. 2392............... Memorandum of June 29, p. 281
22 U.S.C. 2601(c)(1)......... Presidential Determination Nos. 04-22, p.
260; 04-24, p. 262; 04-38, p. 280; 05-
01, p. 298
22 U.S.C. 7101 et seq........ EO 13333
22 U.S.C. 7421 et seq........ Memorandum of June 14, p. 276
Presidential Determination Nos. 04-27,
p. 269; 04-31, p. 273; 04-41, p. 285; 05-
08, p. 305
40 U.S.C. 121(a)............. EO 13327
45 U.S.C. 159(a)............. EOs 13334, 13351
49 U.S.C. 40106.............. EO 13357
49 U.S.C. 44302 et seq....... Presidential Determination No. 05-15, p.
311
50 U.S.C. 191................ Proc. 7757
50 U.S.C. 1601 et seq........ Proc. 7757; EOs 13324, 13338, 13348,
13350, 13357, 13364,
50 U.S.C. 1622(d)............ Notices of Jan. 5, p. 257; Jan. 16, p.
259; Feb. 26, p. 263; Mar. 2, p. 264;
Mar. 10, p. 267; May 20, p. 272; June
16, p. 278; June 24, p. 279; Aug. 6, p.
284; Sept. 10, p. 286; Sept. 21, p. 293;
Oct. 19, p. 299; Nov. 1, p. 303; Nov. 4,
p. 303; Nov. 9, p. 304
50 U.S.C. 1701 et seq........ EOs 13324, 13338, 13348, 13350, 13357,
13364
50 U.S.C. 1701 note.......... Presidential Determination No. 04-30, p.
271
Public Laws
Law Number Presidential Document
95-223....................... Presidential Determination No. 04-45, p.
288
96-72........................ Presidential Determination No. 04-52, p.
295
103-160...................... Presidential Determination No. 05-05, p.
301
104-45....................... Presidential Determination Nos. 04-36, p.
277; 05-14, p. 310
106-200...................... Proc. 7853
106-386...................... Presidential Determination No. 04-46, p.
288
106-387...................... Presidential Determination No. 04-49, p.
293
107-57....................... Presidential Determination No. 04-26, p.
269
107-245...................... Presidential Determination No. 04-29, p.
270
107-228...................... Presidential Determination Nos. 04-39, p.
280; 04-47, p. 290
107-314...................... Presidential Determination Nos. 05-09, p.
305; 05-13, p. 310
108-106...................... Presidential Determination Nos. 04-23, p.
262; 04-25, p. 263; 04-43, p. 286; 04-
51, p. 294
108-136...................... Presidential Determination Nos. 05-04, p.
300; 05-05, p. 301
108-153...................... EO 13349
108-175...................... EO 13338
108-199...................... Presidential Determination Nos. 04-28, p.
270; 05-02, p. 298; 05-10, p. 308
108-234...................... EO 13363
108-375...................... Presidential Determination No. 05-07, p.
304
[[Page 345]]
Short Title of Act
Title Presidential Document
Agricultural Trade Development EO 13345
and Assistance Act of 1954.
African Growth and Opportunity Proc. 7853
Act.
AGOA Acceleration Act of 2004... Proc. 7808
Arms Export Control Act......... Presidential Determination Nos. 04-20,
p. 258; 04-40, p. 283; 04-44, p. 287;
04-50, p. 294
Export-Import Bank Act of 1945.. Presidential Determination No. 04-44,
p. 287
Foreign Assistance Act of 1961.. EO 13345; Presidential Determination
Nos. 04-20, p. 258; 04-21, p. 259; 04-
35, p. 276; 04-37, p. 279; 04-40, p.
283; 04-50, p. 294; 04-54, p. 297; 05-
06, p. 302
Foreign Service Act of 1980..... EO 13325
NAFTA Implementation Act........ Proc. 7808
National Security Act of 1947... EOs 13354, 13355
Trade Act of 1974............... Proc. 7853
Trade Act of 1975............... Proc. 7808
Trade Act of 2002............... Notices of Feb. 13, p. 260; Feb. 20,
p. 261; Mar. 8, p. 267; Mar. 24, p.
268; June 15, p. 277
[[Page 347]]
LIST OF CFR SECTIONS AFFECTED
________________________________________________________________________
Editorial note: All changes in this volume of the Code of Federal
Regulations which were made by documents published in the Federal
Register since January 1, 2001, 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, 2001, see the ``List of CFR Sections
Affected, 1949-1963, 1964-1972, 1973-1985, and 1986-2000,'' published in
11 separate volumes.
Presidential documents affected during 2004 are set forth in Table 4
on page 339.
[[Page 361]]
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 323.
[[Page 363]]
Table of CFR Titles and Chapters
(Revised as of January 1, 2005)
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--Grants and Agreements
Subtitle A--Office of Management and Budget Guidance
for Grants and Agreements
I [Reserved]
II Office of Management and Budget Circulars and Guidance
Subtitle B--Federal Agency Regulations for Grants and
Agreements [Reserved]
Title 3--The President
I Executive Office of the President (Parts 100--199)
Title 4--Accounts
I General Accounting Office (Parts 1--99)
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)
V The International Organizations Employees Loyalty
Board (Parts 1500--1599)
VI Federal Retirement Thrift Investment Board (Parts
1600--1699)
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)
[[Page 364]]
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)
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)
LV National Endowment for the Arts (Part 6501)
LVI National Endowment for the Humanities (Part 6601)
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)
LXVII Institute of Museum and Library Services (Part 7701)
LXIX Tennessee Valley Authority (Part 7901)
LXXI Consumer Product Safety Commission (Part 8101)
LXXIII Department of Agriculture (Part 8301)
LXXIV Federal Mine Safety and Health Review Commission (Part
8401)
[[Page 365]]
LXXVI Federal Retirement Thrift Investment Board (Part 8601)
LXXVII Office of Management and Budget (Part 8701)
Title 6--Homeland Security
I Department of Homeland Security, Office of the
Secretary (Parts 0--99)
Title 7--Agriculture
Subtitle A--Office of the Secretary of Agriculture
(Parts 0--26)
Subtitle B--Regulations of the Department of
Agriculture
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)
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)
XX Local Television Loan Guarantee Board (Parts 2200--
2299)
[[Page 366]]
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)
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 Department of Homeland Security (Immigration and
Naturalization) (Parts 1--499)
V Executive Office for Immigration Review, Department of
Justice (Parts 1000--1399)
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)
[[Page 367]]
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)
XVIII Northeast Interstate Low-Level Radioactive Waste
Commission (Part 1800)
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)
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)
IV Emergency Steel Guarantee Loan Board, Department of
Commerce (Parts 400--499)
V Emergency Oil and Gas Guaranteed Loan Board,
Department of Commerce (Parts 500--599)
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)
[[Page 368]]
III Commercial Space Transportation, Federal Aviation
Administration, Department of Transportation
(Parts 400--499)
V National Aeronautics and Space Administration (Parts
1200--1299)
VI Air Transportation System Stabilization (Parts 1300--
1399)
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 Industry and Security, Department of
Commerce (Parts 700--799)
VIII Bureau of Economic Analysis, Department of Commerce
(Parts 800--899)
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)
[[Page 369]]
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 Bureau of Customs and Border Protection, Department of
Homeland Security; Department of the Treasury
(Parts 0--199)
II United States International Trade Commission (Parts
200--299)
III International Trade Administration, Department of
Commerce (Parts 300--399)
IV Bureau of Immigration and Customs Enforcement,
Department of Homeland Security (Parts 400--599)
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)
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 (Parts 200--299)
III Peace Corps (Parts 300--399)
[[Page 370]]
IV International Joint Commission, United States and
Canada (Parts 400--499)
V Broadcasting Board of Governors (Parts 500--599)
VII Overseas Private Investment Corporation (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)
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)
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 Housing and 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]
[[Page 371]]
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--1699)
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)
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 (Parts 1000--1199)
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--899)
Title 27--Alcohol, Tobacco Products and Firearms
I Alcohol and Tobacco Tax and Trade Bureau, Department
of the Treasury (Parts 1--399)
II Bureau of Alcohol, Tobacco, Firearms, and Explosives,
Department of Justice (Parts 400--699)
[[Page 372]]
Title 28--Judicial Administration
I Department of Justice (Parts 0--299)
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)
VIII Court Services and Offender Supervision Agency for the
District of Columbia (Parts 800--899)
IX National Crime Prevention and Privacy Compact Council
(Parts 900--999)
XI Department of Justice and Department of State (Parts
1100--1199)
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)
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 Employee Benefits Security 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)
[[Page 373]]
IV Geological Survey, Department of the Interior (Parts
400--499)
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)
IX Federal Claims Collection Standards (Department of the
Treasury--Department of Justice) (Parts 900--999)
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)
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)
XVIII National Counterintelligence Center (Parts 1800--1899)
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)
Title 33--Navigation and Navigable Waters
I Coast Guard, Department of Homeland Security (Parts 1-
-199)
II Corps of Engineers, Department of the Army (Parts 200-
-399)
[[Page 374]]
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)
XI National Institute for Literacy (Parts 1100--1199)
Subtitle C--Regulations Relating to Education
XII National Council on Disability (Parts 1200--1299)
Title 35 [Reserved]
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)
XV Oklahoma City National Memorial Trust (Part 1501)
XVI Morris K. Udall Scholarship and Excellence in National
Environmental Policy Foundation (Parts 1600--1699)
Title 37--Patents, Trademarks, and Copyrights
I United States Patent and Trademark Office, Department
of Commerce (Parts 1--199)
[[Page 375]]
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--1099)
IV Environmental Protection Agency and Department of
Justice (Parts 1400--1499)
V Council on Environmental Quality (Parts 1500--1599)
VI Chemical Safety and Hazard Investigation Board (Parts
1600--1699)
VII Environmental Protection Agency and Department of
Defense; Uniform National Discharge Standards for
Vessels of the Armed Forces (Parts 1700--1799)
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)
61 Office of the Assistant Secretary for Veterans'
Employment and Training Service, 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)
102 Federal Management Regulation (Parts 102-1--102-299)
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)
[[Page 376]]
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 (Part 303-1--303-99)
304 Payment of Travel Expenses from a Non-Federal Source
(Parts 304-1--304-99)
Title 42--Public Health
I Public Health Service, Department of Health and Human
Services (Parts 1--199)
IV Centers for Medicare & Medicaid Services, 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--10010)
Title 44--Emergency Management and Assistance
I Federal Emergency Management Agency, Department of
Homeland Security (Parts 0--399)
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
[[Page 377]]
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)
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 Homeland Security (Parts 1-
-199)
II Maritime Administration, Department of Transportation
(Parts 200--399)
III Coast Guard (Great Lakes Pilotage), Department of
Homeland Security (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)
[[Page 378]]
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 Broadcasting Board of Governors (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)
30 Department of Homeland Security, Homeland Security
Acquisition Regulation (HSAR) (Parts 3000--3099)
34 Department of Education Acquisition Regulation (Parts
3400--3499)
35 RESERVED
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)
[[Page 379]]
54 Defense Logistics Agency, Department of Defense (Parts
5400--5499)
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 Motor Carrier Safety Administration,
Department of Transportation (Parts 300--399)
IV Coast Guard, Department of Homeland Security (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)
XII Transportation Security Administration, Department of
Homeland Security (Parts 1500--1699)
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)
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)
[[Page 380]]
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 381]]
Alphabetical List of Agencies Appearing in the CFR
(Revised as of January 1, 2005)
CFR Title, Subtitle or
Agency Chapter
Administrative Committee of the Federal Register 1, I
Advanced Research Projects Agency 32, I
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 5, LXXIII
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
Air Transportation Stabilization Board 14, VI
Alcohol and Tobacco Tax and Trade Bureau 27, I
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
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 382]]
Architectural and Transportation Barriers 36, XI
Compliance Board
Arctic Research Commission 45, XXIII
Armed Forces Retirement Home 5, XI
Army Department 32, V
Engineers, Corps of 33, II; 36, III
Federal Acquisition Regulation 48, 51
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
Broadcasting Board of Governors 22, V
Federal Acquisition Regulation 48, 19
Census Bureau 15, I
Centers for Medicare & Medicaid Services 42, IV
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
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
Federal Acquisition Regulation 48, 13
Fishery Conservation and Management 50, VI
Foreign-Trade Zones Board 15, IV
Industry and Security, Bureau of 15, VII
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, United States 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
Court Services and Offender Supervision Agency 28, VIII
for the District of Columbia
Customs and Border Protection Bureau 19, I
Defense Contract Audit Agency 32, I
Defense Department 5, XXVI; 32, Subtitle A;
40, VII
[[Page 383]]
Advanced Research Projects Agency 32, I
Air Force Department 32, VII
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
District of Columbia, Court Services and 28, VIII
Offender Supervision Agency for the
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
Emergency Oil and Gas Guaranteed Loan Board 13, V
Emergency Steel Guarantee Loan Board 13, IV
Employee Benefits Security Administration 29, XXV
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, IV, VII
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 5, III, LXXVII; 14, VI;
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
[[Page 384]]
Trade Representative, Office of the United 15, XX
States
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
Federal Aviation Administration 14, I
Commercial Space Transportation 14, III
Federal Claims Collection Standards 31, IX
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
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 Management Regulation 41, 102
Federal Maritime Commission 46, IV
Federal Mediation and Conciliation Service 29, XII
Federal Mine Safety and Health Review Commission 5, LXXIV; 29, XXVII
Federal Motor Carrier Safety Administration 49, III
Federal Prison Industries, Inc. 28, III
Federal Procurement Policy Office 48, 99
Federal Property Management Regulations 41, 101
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
General Services Administration 5, LVII; 41, 105
Contract Appeals, Board of 48, 61
Federal Acquisition Regulation 48, 5
[[Page 385]]
Federal Management Regulation 41, 102
Federal Property Management Regulations 41, 101
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
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
Centers for Medicare & Medicaid Services 42, IV
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
Human Development Services, Office of 45, XIII
Indian Health Service 25, V; 42, I
Inspector General (Health Care), Office of 42, V
Public Health Service 42, I
Refugee Resettlement, Office of 45, IV
Homeland Security, Department of 6, I
Coast Guard 33, I; 46, I; 49, IV
Coast Guard (Great Lakes Pilotage) 46, III
Customs and Border Protection Bureau 19, I
Federal Emergency Management Agency 44, I
Immigration and Customs Enforcement Bureau 19, IV
Immigration and Naturalization 8, I
Transportation Security Administration 49, XII
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
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Inspector General, Office of 24, XII
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
Housing, Office of, and Multifamily Housing 24, IV
Assistance Restructuring, Office of
Human Development Services, Office of 45, XIII
Immigration and Customs Enforcement Bureau 19, IV
Immigration and Naturalization 8, I
Immigration Review, Executive Office for 8, V
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; 42, I
Industry and Security, Bureau of 15, VII
Information Resources Management, Office of 7, XXVII
Information Security Oversight Office, National 32, XX
Archives and Records Administration
Inspector General
[[Page 386]]
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
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
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 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, XI; 40,
IV
Alcohol, Tobacco, Firearms, and Explosives, 27, II
Bureau of
Drug Enforcement Administration 21, II
Federal Acquisition Regulation 48, 28
Federal Claims Collection Standards 31, IX
Federal Prison Industries, Inc. 28, III
Foreign Claims Settlement Commission of the 45, V
United States
Immigration Review, Executive Office for 8, V
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
Employee Benefits Security Administration 29, XXV
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
Public Contracts 41, 50
Secretary of Labor, Office of 29, Subtitle A
[[Page 387]]
Veterans' Employment and Training Service, 41, 61; 20, IX
Office of 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
Local Television Loan Guarantee Board 7, XX
Management and Budget, Office of 5, III, LXXVII; 14, VI;
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
Minority Business Development Agency 15, XIV
Miscellaneous Agencies 1, IV
Monetary Offices 31, I
Morris K. Udall Scholarship and Excellence in 36, XVI
National Environmental Policy Foundation
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 and Community Service, Corporation for 45, XII, XXV
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 Council on Disability 34, XII
National Counterintelligence Center 32, XVIII
National Credit Union Administration 12, VII
National Crime Prevention and Privacy Compact 28, IX
Council
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 Interstate Low-Level Radioactive Waste 10, XVIII
Commission
[[Page 388]]
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
Oklahoma City National Memorial Trust 36, XV
Operations Office 7, XXVIII
Overseas Private Investment Corporation 5, XXXIII; 22, VII
Patent and Trademark Office, United States 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 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
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 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; 28, XI
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
[[Page 389]]
Thrift Supervision Office, Department of the 12, V
Treasury
Trade Representative, United States, Office of 15, XX
Transportation, Department of 5, L
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
Federal Motor Carrier Safety Administration 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
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 Security Administration 49, XII
Transportation Statistics Bureau 49, XI
Travel Allowances, Temporary Duty (TDY) 41, 301
Treasury Department 5, XXI; 12, XV; 17, IV;
31, IX
Alcohol and Tobacco Tax and Trade Bureau 27, I
Community Development Financial Institutions 12, XVIII
Fund
Comptroller of the Currency 12, I
Customs and Border Protection Bureau 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 Service, 41, 61; 20, IX
Office of the 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
[all]