[Weekly Compilation of Presidential Documents Volume 39, Number 16 (Monday, April 21, 2003)]
[Pages 450-451]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Memorandum on Authority To Hold Harmless and Indemnify in Certain 
Circumstances Under One Contract

April 17, 2003

Memorandum for the Administrator of the United States Agency for 
International Development

Subject: Authority to Hold Harmless and Indemnify in Certain 
Circumstances Under One Contract

    1. You are authorized for the United States Agency for International 
Development (USAID) to exercise authority under Public Law 85-804, as 
amended (50 U.S.C. 1431 et seq.), to the same extent and subject to the 
same conditions and limitations as the head of a department or agency 
listed in section 21 of Executive Order 10789 of November 14, 1958, as 
amended, with respect to one contract identified in subparagraph (a) of 
this memorandum and solely for the purpose identified in subparagraph 
(b).
(a)          The contract is for repair and reconstruction in Iraq and 
            is awarded on or before September 30, 2003.
(b)          The purpose is to hold harmless and indemnify with respect 
            to claims, losses, or damage arising out of or resulting 
            from exposure, in the course of performance of the contract 
            to which subparagraph (a) refers, to:

[[Page 451]]

(i)          chemical, biological, radiological, or nuclear weapons, 
            agents, or materials;
(ii)         land or sea mines or similar explosive devices; or
(iii)        unexploded ordnance.
    2. The function performed by USAID in awarding the contract to which 
paragraph 1 refers is a function connected with the national defense. 
There are currently national emergencies that have been declared by the 
President in accordance with applicable law. I deem that the 
authorization provided by paragraph 1 and actions taken pursuant to that 
authorization would facilitate the national defense.
    3. You are authorized and directed to publish this memorandum in the 
Federal Register.
                                                George W. Bush

[Filed with the Office of the Federal Register, 10:33 a.m., April 18, 
2003]

Note: This memorandum was published in the Federal Register on April 21.