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Presidential Executive Order

04-22212 (13358)

Presidential Documents 58797 Federal Register Vol. 69, No. 189 Thursday, September 30, 2004 Title 3— The President 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 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 provi- sions 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. VerDate jul<14>2003 21:33 Sep 29, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\30SEE0.SGM 30SEE0 58798 Federal Register / Vol. 69, No. 189 / Thursday, September 30, 2004 / Presidential Documents (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, entities, officers, employ- ees or agents, or any other person. W THE WHITE HOUSE, September 28, 2004. [FR Doc. 04–22212 Filed 9–29–04; 11:31 am] Billing code 3195–01–P VerDate jul<14>2003 21:33 Sep 29, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\30SEE0.SGM 30SEE0

Assignment of Functions Relating to Certain Appointments, Promotions, and Commissions in the Armed Forces

2004-09-28T00:00:00

1f2e6f8b878bc395bda33efc1716e9f51b1274cbb2757d0273e61c0ff3be57df

Presidential Executive Order

04-24098 (13360)

Presidential Documents 62549 Federal Register Vol. 69, No. 206 Tuesday, October 26, 2004 Title 3— The President Executive Order 13360 of October 20, 2004 Providing Opportunities for Service-Disabled Veteran Busi- nesses To Increase Their Federal Contracting and Subcon- tracting 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 imple- ment 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 con- tracting, 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 contrac- tors’ efforts to do so; (iv) training agency personnel on applicable law and policies relating to participation of service-disabled veteran businesses in Federal con- tracting; and (v) disseminating information to service-disabled veteran businesses that would assist these businesses in participating in awards of agency contracts. VerDate jul<14>2003 13:46 Oct 25, 2004 Jkt 205001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26OCE0.SGM 26OCE0 62550 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Presidential Documents Sec. 3. Additional Duties of Administrator of the Small Business Administra- tion. The Administrator of the Small Business Administration shall: (a) designate an appropriate entity within the Small Business Administra- tion 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 Adminis- trator of General Services shall: (a) establish a Government-wide Acquisition Contract reserved for partici- pation 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 data- bases 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); (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. VerDate jul<14>2003 13:46 Oct 25, 2004 Jkt 205001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26OCE0.SGM 26OCE0 62551 Federal Register / Vol. 69, No. 206 / Tuesday, October 26, 2004 / Presidential Documents (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. W THE WHITE HOUSE, October 20, 2004. [FR Doc. 04–24098 Filed 10–25–04; 9:40 am] Billing code 3195–01–P VerDate jul<14>2003 13:46 Oct 25, 2004 Jkt 205001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\26OCE0.SGM 26OCE0

Providing Opportunities for Service-Disabled Veteran Businesses To Increase Their Federal Contracting and Subcontracting

2004-10-20T00:00:00

7dfc718722bbf24b58a9153c95441d2f1bbb1ebd8f88f76b1d83b8f43364903c

Presidential Executive Order

04-20050 (13354)

Presidential Documents 53589 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents 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 appro- priate 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, ex- cepting purely domestic counterterrorism information. The Center may, con- sistent 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 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; VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE1.SGM 01SEE1 53590 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents (d) serve as the central and shared knowledge bank on known and sus- pected 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 Intel- ligence 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 Intel- ligence; (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 Intel- ligence; 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 ter- rorism 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, Execu- tive Orders and other Presidential guidance, to State and local government officials, and other entities, and coordinate dissemination of terrorism infor- mation 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 integra- tion, 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; VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE1.SGM 01SEE1 53591 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents (g) consistent with priorities approved by the President, assist the Director of Central Intelligence in establishing requirements for the Intelligence Com- munity for the collection of terrorism information, to include ensuring mili- tary 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 plan- ning 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 infor- mation: (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 di- rected by the President; (B) shall cooperate in and facilitate the production of reports based on terrorism information with contents and formats that permit dis- semination that maximizes the utility of the information in pro- tecting 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, mili- tary, 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 representa- tive 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 Account- ability 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 col- lected, 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 VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE1.SGM 01SEE1 53592 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents 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 appro- priations; (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 Reorganiza- tion 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, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. W THE WHITE HOUSE, August 27, 2004. [FR Doc. 04–20050 Filed 8–31–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE1.SGM 01SEE1

National Counterterrorism Center

2004-08-27T00:00:00

db7a39d621e62e8fde0e865e424137033397cff8aba367560a64e70013b5de59

Presidential Executive Order

04-20049 (13353)

Presidential Documents 53585 Federal Register Vol. 69, No. 169 Wednesday, September 1, 2004 Title 3— The President 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 na- tional 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 Pol- icy, 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 adminis- trative actions, technologies, and legislation, as necessary to imple- ment the Policy; (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 represent- atives 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 relat- ing to the Policy by any Federal employee or official to the appro- priate office for prompt investigation; (g) take steps to enhance cooperation and coordination among Federal departments and agencies in the implementation of the Policy, in- cluding 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 guaran- teed 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 VerDate jul<14>2003 15:24 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01SEE0.SGM 01SEE0 53586 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents 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, Depart- ment 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 Transpor- tation 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 Manage- ment; (o) the General Counsel, Central Intelligence Agency; (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 exclu- sively 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 des- ignate 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, VerDate jul<14>2003 15:24 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\01SEE0.SGM 01SEE0 53587 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents 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. W THE WHITE HOUSE, August 27, 2004. [FR Doc. 04–20049 Filed 8–31–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 15:24 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\01SEE0.SGM 01SEE0

Establishing the President's Board on Safeguarding Americans' Civil Liberties

2004-08-27T00:00:00

3b7feac8cad4661359cd20bc77645eb4f835d2b8cbd934c284f1e2cd181e245e

Presidential Executive Order

04-21411 (13357)

Presidential Documents 56665 Federal Register Vol. 69, No. 183 Wednesday, September 22, 2004 Title 3— The President 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 Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA), 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 pro- grams 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)), termi- nation 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. VerDate jul<14>2003 18:14 Sep 21, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\22SEE0.SGM 22SEE0 56666 Federal Register / Vol. 69, No. 183 / Wednesday, September 22, 2004 / Presidential Documents (b) This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, September 20, 2004. [FR Doc. 04–21411 Filed 9–21–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 18:14 Sep 21, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\22SEE0.SGM 22SEE0

Termination of Emergency Declared in Executive Order 12543 With Respect to the Policies and Actions of the

2004-09-20T00:00:00

3058fa03c5c3557fdc844c1ac6a46f64ba2727c733b014ad27a85ac00966d1d7

Presidential Executive Order

04-20051 (13355)

Presidential Documents 53593 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents 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 intel- ligence 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 Commu- nity necessary, in the Director’s judgment, to ensure timely and effective collection, processing, analysis, and dissemination of intelligence, of what- ever 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, anal- ysis, 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: ‘‘(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 informa- tion sharing enterprise that facilitates the automated sharing of intelligence information among agencies within the Intelligence Community. VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE2.SGM 01SEE2 53594 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents ‘‘(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, intel- ligence, 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 Presi- dent, establish collection requirements for the Intelligence Community, determine collection priorities, manage collection tasking, and resolve con- flicts 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 infor- mation 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 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 pursu- ant 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 architec- tures of their departments and agencies are consistent with national in- telligence requirements set by the Director and all applicable informa- tion sharing and security guidelines, and information privacy require- ments; and ‘‘(4) provide, to the extent permitted by law, subject to the availability of appropriations, and not inconsistent with the mission of the depart- ment 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.’’ VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE2.SGM 01SEE2 53595 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents 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 ‘‘(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 pro- gram 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 depart- ments and agencies shall ensure that the Director has access to pro- grammatic, 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 depart- ment 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 VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE2.SGM 01SEE2 53596 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents 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 compat- ible personnel policies and an integrated professional development and edu- cation system across the Intelligence Community, including standards that encourage and facilitate service in multiple organizations within the Intel- ligence 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 require- ments for effective conduct of intelligence activities; (c) standards for common personnel security policies among organizations within the Intelligence Community; and (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 Presi- dent,’’. (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 Treas- ury 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 amend- ed (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: VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE2.SGM 01SEE2 53597 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents (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 (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 Agen- cy’’. 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. W THE WHITE HOUSE, August 27, 2004. [FR Doc. 04–20051 Filed 8–31–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 15:25 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE2.SGM 01SEE2

Strengthened Management of the Intelligence Community

2004-08-27T00:00:00

1adeb8f232d6e8ac9a6fa278389c2b1a73c53724da99c751c2712d27a9975aca

Presidential Executive Order

04-20052 (13356)

Presidential Documents 53599 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents 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: 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 Informa- tion. 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 other- wise directed by the President, and consistent with (i) the statutory respon- sibilities 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 maxi- mizes 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 implementa- tion 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 VerDate jul<14>2003 15:26 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE3.SGM 01SEE3 53600 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents coordination with the Department of Homeland Security, appropriate authori- ties 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; (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 sys- tems 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 incen- tives for, and holding personnel accountable for, increased sharing of ter- rorism 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 informa- tion 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. (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. VerDate jul<14>2003 15:26 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE3.SGM 01SEE3 53601 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents (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 infor- mation sharing environment. The plan shall, at a minimum: (i) describe and define the parameters of the proposed interoperable terrorism information sharing environment, including functions, capabili- ties, and resources; (ii) identify and, as appropriate, recommend the consolidation and elimi- nation 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 estab- lished; (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 implementa- tion 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 informa- tion sharing environment should be expanded, or designed so as to allow future expansion, for purposes of encompassing other categories of intel- ligence 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 Account- ability 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 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 col- lected, 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: VerDate jul<14>2003 15:26 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE3.SGM 01SEE3 53602 Federal Register / Vol. 69, No. 169 / Wednesday, September 1, 2004 / Presidential Documents (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, instrumental- ities, or entities, its officers, employees, or agents, or any other person. W THE WHITE HOUSE, August 27, 2004. [FR Doc. 04–20052 Filed 8–31–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 15:26 Aug 31, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\01SEE3.SGM 01SEE3

Strengthening the Sharing of Terrorism Information To Protect Americans

2004-08-27T00:00:00

3e9da24d728430498355f1c49d13c179a86065fe2ed7c84a48ae9468f1d114b5

Presidential Executive Order

04-19909 (13352)

Presidential Documents 52989 Federal Register / Vol. 69, No. 167 / Monday, August 30, 2004 / Presidential Documents 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 Depart- ments of the Interior, Agriculture, Commerce, and Defense and the Environ- mental 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 deci- sionmaking, 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 collabo- rative activity among Federal, State, local, and tribal governments, private for-profit and nonprofit institutions, other nongovernmental entities and indi- viduals. Sec. 3. Federal Activities. To carry out the purpose of this order, the Secre- taries of the Interior, Agriculture, Commerce, and Defense and the Adminis- trator 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 decision- making; 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. 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 infor- mation 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. VerDate jul<14>2003 15:46 Aug 27, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\30AUE0.SGM 30AUE0 52990 Federal Register / Vol. 69, No. 167 / Monday, August 30, 2004 / Presidential Documents 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. W THE WHITE HOUSE, August 26, 2004. [FR Doc. 04–19909 Filed 8–27–04; 11:31 am] Billing code 3195–01–P VerDate jul<14>2003 15:46 Aug 27, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\30AUE0.SGM 30AUE0

Facilitation of Cooperative Conservation

2004-08-26T00:00:00

724f8c5510ded3f57e2d7eda298436f0ef34e6cb281e4a9f1422ef0736431bd3

Presidential Executive Order

04-18575 (13351)

Presidential Documents 50047 Federal Register Vol. 69, No. 155 Thursday, August 12, 2004 Title 3— The President Executive Order 13351 of August 9, 2004 Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Au- thority and Its Conductors Represented by the United Trans- portation Union A dispute exists between the Southeastern Pennsylvania Transportation Au- thority 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 estab- lished 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 employ- ees 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. VerDate jul<14>2003 16:29 Aug 11, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\12AUE0.SGM 12AUE0 50048 Federal Register / Vol. 69, No. 155 / Thursday, August 12, 2004 / Presidential Documents Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order. W THE WHITE HOUSE, August 9, 2004. [FR Doc. 04–18575 Filed 8–11–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 16:29 Aug 11, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\12AUE0.SGM 12AUE0

Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and Its Conductors Represented by the United Transportation Union

2004-08-09T00:00:00

86c73797f3deced7394e686ad6bb44f7f951f880a0cc7f0a007a2496fc02c45f

Presidential Executive Order

05-306 (13368)

Presidential Documents 1147 Federal Register Vol. 70, No. 3 Wednesday, January 5, 2005 Title 3— The President 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. 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 accord- ance 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. VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 1148 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13332 of March 3, 2004, is superseded. W THE WHITE HOUSE, December 30, 2004. Billing code 3195–01–P VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 1149 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 ED05JA05.000</GPH> 1150 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 ED05JA05.001</GPH> 1151 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 ED05JA05.002</GPH> 1152 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 ED05JA05.003</GPH> 1153 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 ED05JA05.004</GPH> 1154 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 ED05JA05.005</GPH> 1155 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 ED05JA05.006</GPH> 1156 Federal Register / Vol. 70, No. 3 / Wednesday, January 5, 2005 / Presidential Documents [FR Doc. 05–306 Filed 1–4–05; 9:01 am] Billing Code 6325–01–C VerDate jul<14>2003 18:21 Jan 04, 2005 Jkt 205001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\05JAE0.SGM 05JAE0 ED05JA05.007</GPH>

Adjustments of Certain Rates of Pay

2004-12-30T00:00:00

cb5d7cefcad072a3bdc7613f3780c4163852c979c24c81866201485442a753fb

Presidential Executive Order

04-17150 (13347)

Presidential Documents 44573 Federal Register Vol. 69, No. 142 Monday, July 26, 2004 Title 3— The President 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 prepared- ness 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, hurri- canes, and acts of terrorism, it shall be the policy of the United States that executive departments and agencies of the Federal Government (agen- cies): (a) consider, in their emergency preparedness planning, the unique needs of agency employees with disabilities and individuals with disabilities whom the agency serves; (b) encourage, including through the provision of technical assistance, as appropriate, consideration of the unique needs of employees and individ- uals 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 emer- gency 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 Inter- agency 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 Envi- ronmental Protection Agency, the Administrator of General Serv- ices, 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; VerDate May<21>2004 21:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26JYE0.SGM 26JYE0 44574 Federal Register / Vol. 69, No. 142 / Monday, July 26, 2004 / Presidential Documents (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 delibera- tion; 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 Home- land Security, a report that describes: (i) the achievements of the Council in implementing the policy set forth in section 1; (ii) the best practices among Federal, State, local, and tribal govern- ments and private organizations and individuals for emergency pre- paredness 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, instrumental- ities, or entities, its officers or employees, or any other person. W THE WHITE HOUSE, July 22, 2004. [FR Doc. 04–17150 Filed 7–23–04; 11:37 am] Billing code 3195–01–P VerDate May<21>2004 21:39 Jul 23, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26JYE0.SGM 26JYE0

Individuals With Disabilities in Emergency Preparedness

2004-07-22T00:00:00

5a818df8f601fe53a66a3899686c73b65cde258eeca3da5471c77f1ee0b93b99

Presidential Executive Order

04-15934 (13346)

Presidential Documents 41905 Federal Register / Vol. 69, No. 133 / Tuesday July 13, 2004 / Presidential Documents 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, deter- minations, 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 Emer- gency 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 Oppor- tunity 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 con- sistent 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 para- graphs: ‘‘(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);’’; ‘‘(15) sections 5(c) and 6 of the Anglo-Irish Agreement Support Act of 1986 (Public Law 99–415), as amended.’’. VerDate jul<14>2003 08:56 Jul 12, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\13JYE1.SGM 13JYE1 41906 Federal Register / Vol. 69, No. 133 / Tuesday July 13, 2004 / Presidential Documents 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 Presi- dent 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. W THE WHITE HOUSE, July 8, 2004. [FR Doc. 04–15934 Filed 7–12–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 08:56 Jul 12, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\13JYE1.SGM 13JYE1

Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions

2004-07-08T00:00:00

370b05940bc5038c91f01747105fd4d2b7139d482b671b0b4ae96bbd997d61e4

Presidential Executive Order

04-17204 (13349)

Presidential Documents 44891 Federal Register / Vol. 69, No. 143 / Tuesday, July 27, 2004 / Presidential Documents Executive Order 13349 of July 23, 2004 Amending Executive Order 13226 To Designate the Presi- dent’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 amend- ed 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 Develop- ment Act (Public Law 108–153) (Act). Nothing in this Order shall be con- strued to require the National Nanotechnology Advisory Panel to comply with any requirement from which it is exempted by section 4(f) of the Act.’’ W THE WHITE HOUSE, July 23, 2004. [FR Doc. 04–17204 Filed 7–26–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 19:08 Jul 26, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\27JYE1.SGM 27JYE1

Amending Executive Order 13226 To Designate the President's Council of Advisors on Science and Technology To Serve as the National Nanotechnology Advisory Panel

2004-07-23T00:00:00

66a8226332c64b3d3db3c4705bf94d226d72b3d77f57b8359dacf9178996b437

Presidential Executive Order

04-15787 (13344)

Presidential Documents 41747 Federal Register Vol. 69, No. 131 Friday, July 9, 2004 Title 3— The President 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; (b) Assistant Administrator for Toxic Substances; (c) Assistant Administrator (Air and Radiation). W THE WHITE HOUSE, July 7, 2004. [FR Doc. 04–15787 Filed 7–8–04; 9:42 am] Billing code 3195–01–P VerDate jul<14>2003 21:30 Jul 08, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\09JYE0.SGM 09JYE0

Amending Executive Order 13261 on the Order of Succession in the Environmental Protection Agency

2004-07-07T00:00:00

50319298b968ef700fdaa1aaedf9ce4637c52b11780313e854eb462e53d52e9a

Presidential Executive Order

04-17205 (13348)

Presidential Documents 44885 Federal Register Vol. 69, No. 143 Tuesday, July 27, 2004 Title 3— The President Executive Order 13348 of July 22, 2004 Blocking Property of Certain Persons and Prohibiting the Im- portation 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 Emer- gencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, and 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 develop- ment 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 perpet- uate 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 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 notwith- standing any contract entered into or any license or permit granted prior to the effective date of this order, all property and interests in property of the following persons, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; and (ii) any person determined by the Secretary of the Treasury, in con- sultation 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 Li- berian 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 pursu- ant to this order; or VerDate jul<14>2003 19:05 Jul 26, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 44886 Federal Register / Vol. 69, No. 143 / Tuesday, July 27, 2004 / Presidential Documents (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. 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, perma- nent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and (d) the term ‘‘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 meas- ures to be taken pursuant to this order would render these measures ineffec- tual. I therefore determine that for these measures to be effective in addressing the national emergency declared in 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 func- tions to other officers and agencies of the United States Government, con- sistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. VerDate jul<14>2003 19:05 Jul 26, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 44887 Federal Register / Vol. 69, No. 143 / Tuesday, July 27, 2004 / Presidential Documents 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 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. W THE WHITE HOUSE, July 22, 2004. Billing code 3195–01–P VerDate jul<14>2003 19:05 Jul 26, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 44888 Federal Register / Vol. 69, No. 143 / Tuesday, July 27, 2004 / Presidential Documents VerDate jul<14>2003 19:05 Jul 26, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 ED27JY04.023</GPH> 44889 Federal Register / Vol. 69, No. 143 / Tuesday, July 27, 2004 / Presidential Documents VerDate jul<14>2003 19:05 Jul 26, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 ED27JY04.024</GPH> 44890 Federal Register / Vol. 69, No. 143 / Tuesday, July 27, 2004 / Presidential Documents [FR Doc. 04–17205 Filed 7–26–04; 8:45 am] Billing code 4810–25–C VerDate jul<14>2003 19:05 Jul 26, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\27JYE0.SGM 27JYE0 ED27JY04.025</GPH>

Blocking Property of Certain Persons and Prohibiting the Importation of Certain Goods from Liberia

2004-07-22T00:00:00

7253422478fb11abb421d4be9e3a5ce161ac3fba67ac131136197adb7a9aa63b

Presidential Executive Order

04-15933 (13345)

Presidential Documents 41901 Federal Register Vol. 69, No. 133 Tuesday, July 13, 2004 Title 3— The President 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 func- tions 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 recommenda- tions 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 Develop- ment (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 Poli- cies (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 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 Environ- mental Protection Agency, the Chairman of the Council on Environmental VerDate jul<14>2003 08:54 Jul 12, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\13JYE0.SGM 13JYE0 41902 Federal Register / Vol. 69, No. 133 / Tuesday, July 13, 2004 / Presidential Documents 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 supple- mental views on the President’s behalf consistent with the following provi- sions 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 (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 sub- mitted 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) with- hold 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 nec- essary or expedient, and (iv) supervise the unitary executive branch; VerDate jul<14>2003 08:54 Jul 12, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\13JYE0.SGM 13JYE0 41903 Federal Register / Vol. 69, No. 133 / Tuesday, July 13, 2004 / Presidential Documents (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. W THE WHITE HOUSE, July 8, 2004. [FR Doc. 04–15933 Filed 7–12–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 08:54 Jul 12, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\13JYE0.SGM 13JYE0

Assigning Foreign Affairs Functions and Implementing the Enterprise for the Americas Initiative and the Tropical Forest Conservation Act

2004-07-08T00:00:00

8c72a40b85e4024ef2050c86a1da2bc1c5ee6329b88762d551d080ef3fae17eb

Presidential Executive Order

04-11991 (13341)

Presidential Documents 29843 Federal Register Vol. 69, No. 101 Tuesday, May 25, 2004 Title 3— The President 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 Atmos- pheric 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 Atmos- pheric 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 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. VerDate jul<14>2003 16:17 May 24, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0 29844 Federal Register / Vol. 69, No. 101 / Tuesday, May 25, 2004 / Presidential Documents 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 Commis- sioned 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 Commis- sioned 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 appoint- ments in the National Oceanic and Atmospheric Administration are author- ized to fill vacancies caused by transfer of officers to the military depart- ments.’’ (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, or the Secretary of Health and Human Services, as applicable, in accordance with joint regulations issued under that statute establishing the policies and proce- dures for such transfers and appointments.’’ W THE WHITE HOUSE, May 20, 2004. [FR Doc. 04–11991 Filed 5–24–04; 10:09 am] Billing code 3195–01–P VerDate jul<14>2003 16:17 May 24, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\25MYE0.SGM 25MYE0

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

2004-05-20T00:00:00

8e06d3da3bb816ad0a1604902473fe50763d800083e846953a4cd62da062851a

Presidential Executive Order

04-12745 (13342)

Presidential Documents 31509 Federal Register Vol. 69, No. 107 Thursday, June 3, 2004 Title 3— The President Executive Order 13342 of June 1, 2004 Responsibilities of the Departments of Commerce and Vet- erans 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 Initia- tives 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 respec- tive 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, administra- tive 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 Initia- tives. 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, orders, procurement, and other internal policies and practices, and outreach activities that either facially discriminate against or otherwise dis- courage 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, procure- ment, and other internal policies and practices, and outreach activities; (d) propose the development of innovative pilot and demonstration pro- grams to increase the participation of faith-based and other community organizations in Federal as well as State and local initiatives; and VerDate jul<14>2003 18:11 Jun 02, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0 31510 Federal Register / Vol. 69, No. 107 / Thursday, June 3, 2004 / Presidential Documents (e) develop and coordinate agency outreach efforts to disseminate informa- tion 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 regard- ing the program activities of the agency and the preparation of applications or proposals for grants, cooperative agreements, contracts, and procure- ment. (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. (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. W THE WHITE HOUSE, June 1, 2004. [FR Doc. 04–12745 Filed 6–2–04; 9:10 am] Billing code 3195–01–P VerDate jul<14>2003 18:11 Jun 02, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0

Responsibilities of the Departments of Commerce and Veterans Affairs and the Small Business Administration With Respect to Faith-Based and Community Initiatives

2004-06-01T00:00:00

a812b488d09a1524e020a149771ca815a47b1675b88981bc336884de2fa472e8

Presidential Executive Order

04-13123 (13343)

Presidential Documents 32245 Federal Register / Vol. 69, No. 110 / Tuesday, June 8, 2004 / Presidential Documents 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. W THE WHITE HOUSE, June 6, 2004. [FR Doc. 04–13123 Filed 6–7–04; 12:02 pm] Billing code 3195–01–P VerDate jul<14>2003 14:03 Jun 07, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\08JNE0.SGM 08JNE0

Providing for the Closing of Government Departments and Agencies on June 11, 2004

2004-06-06T00:00:00

5b256ff257bacfcbb98d4cdd725f79ef58e673aadd0e2561e097c7ab0d666642

Presidential Executive Order

04-11271 (13339)

Presidential Documents 28037 Federal Register Vol. 69, No. 95 Monday, May 17, 2004 Title 3— The President 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, 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 Amer- ican and Pacific Islander businesses through ensuring equal opportunity to participate in Federal programs, and public-sector, private-sector partner- ships, 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 Amer- ican 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 Commis- sion 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 VerDate jul<14>2003 17:52 May 14, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 28038 Federal Register / Vol. 69, No. 95 / Monday, May 17, 2004 / Presidential Documents 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 depart- ment 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 participa- tion 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 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 oppor- tunities; (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 partici- pation 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 dissemi- nate the Federal Plan, to the extent the Plan is approved by the President, to appropriate members of the executive branch. The findings and rec- ommendations 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 accord- ance 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 appropria- tions, 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 administra- tive 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. VerDate jul<14>2003 17:52 May 14, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0 28039 Federal Register / Vol. 69, No. 95 / Monday, May 17, 2004 / Presidential Documents 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. 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. W THE WHITE HOUSE, May 13, 2004. [FR Doc. 04–11271 Filed 5–14–04; 10:17 am] Billing code 3195–01–P VerDate jul<14>2003 17:52 May 14, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\17MYE0.SGM 17MYE0

Increasing Economic Opportunity and Business Participation of Asian Americans and Pacific Islanders

2004-05-13T00:00:00

066f67d834135a05f4b7238041bef8e6507a17f2f5eafef57a71d1afd37c77a6

Presidential Executive Order

04-11058 (13338)

Presidential Documents 26751 Federal Register Vol. 69, No. 93 Thursday, May 13, 2004 Title 3— The President Executive Order 13338 of May 11, 2004 Blocking Property of Certain Persons and Prohibiting the Ex- port 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 Emer- gencies 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, 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, VerDate May<04>2004 18:20 May 12, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\13MYE0.SGM 13MYE0 26752 Federal Register / Vol. 69, No. 93 / Thursday, May 13, 2004 / Presidential Documents 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, (i) to be or to have been directing or otherwise significantly contrib- uting to the Government of Syria’s provision of safe haven to or other support for any person whose property or interests in prop- erty are blocked under United States law for terrorism-related rea- sons, 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 contrib- uting to the Government of Syria’s military or security presence in Lebanon; (iii) to be or to have been directing or otherwise significantly contrib- uting 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 contrib- uting to any steps taken by the Government of Syria to undermine United States and international efforts with respect to the stabiliza- tion 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 reexpor- tation 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; (d) the term ‘‘Government of Syria’’ means the Government of the Syrian Arab Republic, its agencies, instrumentalities, and controlled entities; and VerDate May<04>2004 18:20 May 12, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\13MYE0.SGM 13MYE0 26753 Federal Register / Vol. 69, No. 93 / Thursday, May 13, 2004 / Presidential Documents (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, includ- ing 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 Secre- taries 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 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, instrumen- talities, 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 VerDate May<04>2004 18:20 May 12, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\13MYE0.SGM 13MYE0 26754 Federal Register / Vol. 69, No. 93 / Thursday, May 13, 2004 / Presidential Documents 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. W THE WHITE HOUSE, May 11, 2004. [FR Doc. 04–11058 Filed 5–12–04; 9:07 am] BILLING CODE 3195–01–P VerDate May<04>2004 18:20 May 12, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\13MYE0.SGM 13MYE0

Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria

2004-05-11T00:00:00

ef3d3eb319809dfefb873358f6f9b7b9a3af188357fd1b1f2cf5eeea19416af1

Presidential Executive Order

04-11592 (13340)

Presidential Documents 29043 Federal Register Vol. 69, No. 98 Thursday, May 20, 2004 Title 3— The President Executive Order 13340 of May 18, 2004 Establishment of Great Lakes Interagency Task Force and Promotion of a Regional Collaboration of National Signifi- cance 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 numer- ous State, tribal, and local programs, over 140 Federal programs help fund and implement environmental restoration and management activities through- out 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, com- munities, 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). (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 Agen- cy 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, strate- gies, projects, and priorities for the Great Lakes system. VerDate jul<14>2003 08:48 May 19, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0 29044 Federal Register / Vol. 69, No. 98 / Thursday, May 20, 2004 / Presidential Documents (iii) Coordinate the development of consistent Federal policies, strate- gies, projects, and priorities for addressing the restoration and pro- tection 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 indica- tors of water quality and related environmental factors. These goals shall focus on outcomes such as cleaner water, sustainable fish- eries, and biodiversity of the Great Lakes system and ensure that Federal policies, strategies, projects, and priorities support measur- able 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. (i) The Task Force shall consist exclusively of the following officers of the United States: the Administrator of the Environmental Pro- tection 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 Devel- opment, 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 ad- ministrator 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 Environ- mental 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 Con- servation Service and the Forest Service of the Department of Agri- culture; 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 Work- ing Group will coordinate and make recommendations on how to implement the policies, strategies, projects, and priorities of the Task Force. VerDate jul<14>2003 08:48 May 19, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0 29045 Federal Register / Vol. 69, No. 98 / Thursday, May 20, 2004 / Presidential Documents (c) Management Principles for Regional Collaboration of National Signifi- cance. 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 coordi- nate 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 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. W THE WHITE HOUSE, May 18, 2004. [FR Doc. 04–11592 Filed 5–19–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 08:48 May 19, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0

Establishment of Great Lakes Interagency Task Force and Promotion of a Regional Collaboration of National Significance for the Great Lakes

2004-05-18T00:00:00

c4e4decdcfa3a5a4ef9b3bc8f9f892e1699f0f8208c84eaffe7701168305f83f

Presidential Executive Order

04-10024 (13335)

Presidential Documents 24059 Federal Register Vol. 69, No. 84 Friday, April 30, 2004 Title 3— The President 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 in- formation 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 oper- ations within 90 days of the date of this order. 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 in- creased 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 Coor- dinator. (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: VerDate jul<14>2003 23:12 Apr 29, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\30APE0.SGM 30APE0 24060 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Presidential Documents (i) Advance the development, adoption, and implementation of health care information technology standards nationally through collabora- tion among public and private interests, and consistent with cur- rent efforts to set health information technology standards for use by the Federal Government; (ii) Ensure that key technical, scientific, economic, and other issues af- fecting the public and private adoption of health information tech- nology 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 appro- priate 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 tech- nology; and (vi) Include measurable outcome goals. (b) The National Coordinator shall: (i) Serve as the Secretary’s principal advisor on the development, ap- plication, 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 coordi- nated 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 pri- marily within the areas of its greatest expertise and technical capa- bility; (iii) To the extent permitted by law, coordinate outreach and consulta- tion 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 informa- tion 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. VerDate jul<14>2003 23:12 Apr 29, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\30APE0.SGM 30APE0 24061 Federal Register / Vol. 69, No. 84 / Friday, April 30, 2004 / Presidential Documents 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. W THE WHITE HOUSE, April 27, 2004. [FR Doc. 04–10024 Filed 04–29–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 23:12 Apr 29, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\30APE0.SGM 30APE0

Incentives for the Use of Health Information Technology and Establishing the Position of the National Health Information Technology Coordinator

2004-04-27T00:00:00

5ced2240903bed634b92380ffebb35d8fafe0e7045ba71510c5b0d3c693df9f3

Presidential Executive Order

04-10378 (13337)

Presidential Documents 25299 Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 / Presidential Documents Executive Order 13337 of April 30, 2004 Issuance of Permits With Respect to Certain Energy-Related Facilities and Land Transportation Crossings on the Inter- national 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 in Executive Order 13212 of May 18, 2001, as amended, to expedite reviews of permits as necessary to accelerate the completion of energy pro- duction 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 importa- tion 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 ap- propriate, before referring the application to other agencies pursu- ant 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 Sec- retary 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 Agen- cy, or the heads of the departments or agencies in which the rel- evant authorities or responsibilities of the foregoing are subse- quently 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 VerDate jul<14>2003 20:17 May 04, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05MYE1.SGM 05MYE1 25300 Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 / Presidential Documents 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. (f) Upon receiving the views and assistance requested pursuant to para- graphs (b) and (e) of this section, the Secretary of State shall consider, in light of any statutory or other requirements or other considerations, wheth- er 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 Inter- national 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, oper- ation, 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 re- quired; (v) similar facilities above or below ground; and VerDate jul<14>2003 20:17 May 04, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05MYE1.SGM 05MYE1 25301 Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 / Presidential Documents (vi) border crossings for land transportation, including motor and rail vehicles, to or from a foreign country, whether or not in conjunc- tion 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 Commis- sion, 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. W THE WHITE HOUSE, April 30, 2004. [FR Doc. 04–10378 Filed 5–4–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 20:17 May 04, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\05MYE1.SGM 05MYE1

Issuance of Permits With Respect to Certain Energy-Related Facilities and Land Transportation Crossings on the International Boundaries of the United States

2004-04-30T00:00:00

450545e3d5983cf2b9b8f9d68e606c71a82615d470395d4833028a3afd9c22ad

Presidential Executive Order

04-8616 (13334)

Presidential Documents 19917 Federal Register Vol. 69, No. 72 Wednesday, April 14, 2004 Title 3— The President Executive Order 13334 of April 10, 2004 Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Au- thority and its Conductors Represented by the United Trans- portation Union A dispute exists between the Southeastern Pennsylvania Transportation Au- thority, 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. 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 employ- ees 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. VerDate mar<24>2004 15:42 Apr 13, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14APE0.SGM 14APE0 19918 Federal Register / Vol. 69, No. 72 / Wednesday, April 14, 2004 / Presidential Documents Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order. W THE WHITE HOUSE, April 10, 2004. [FR Doc. 04–8616 Filed 4–13–04; 9:10 am] Billing code 3195–01–P VerDate mar<24>2004 15:42 Apr 13, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14APE0.SGM 14APE0

Establishing an Emergency Board To Investigate a Dispute Between the Southeastern Pennsylvania Transportation Authority and its Conductors Represented by the United Transportation Union

2004-04-10T00:00:00

c9118055a8c317042ebc6d41d1689e1304bff8783bb38c58dfab785398470840

Presidential Executive Order

04-4884 (13331)

Presidential Documents 9911 Federal Register Vol. 69, No. 42 Wednesday, March 3, 2004 Title 3— The President 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 encour- age 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 Cor- poration for National and Community Service (Chief Executive Officer) shall, in coordination with the USA Freedom Corps Council, review and evaluate existing policies governing national and community service programs in order to assess the consistency of such policies with the fundamental prin- ciples 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 de- scribed 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 articu- lated in section 2 of this order; and VerDate jul<14>2003 09:05 Mar 02, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRE0.SGM 03MRE0 9912 Federal Register / Vol. 69, No. 42 / Wednesday, March 3, 2004 / Presidential Documents (ii) where appropriate, implement new policies that are consistent with and necessary to further the fundamental principles and policy- making 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 en- hance programmatic flexibility, reduce administrative burdens, and calibrate Federal assistance to the respective needs of recipient or- ganizations; (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 strength- ening an infrastructure to support volunteers that meet community needs; (iv) National and community service programs should adopt perform- ance 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 sup- plemental 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 elimi- nate practices that displace volunteers who are not supported under the national service laws; and (ix) Guidelines for the selection of national and community service pro- grams should recognize the importance of professional corps pro- grams in light of the fundamental principles and policymaking cri- teria set forth in this order. 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 stand- ards 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 proc- esses 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 Re- sources, are accurate and reliable; and (iv) Management reforms that tie employee performance to fiscal re- sponsibility, attainment of management goals, and professional con- duct. 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 VerDate jul<14>2003 09:05 Mar 02, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRE0.SGM 03MRE0 9913 Federal Register / Vol. 69, No. 42 / Wednesday, March 3, 2004 / Presidential Documents 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. W THE WHITE HOUSE, February 27, 2004. [FR Doc. 04–4884 Filed 3–2–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 09:05 Mar 02, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03MRE0.SGM 03MRE0

National and Community Service Programs

2004-02-27T00:00:00

663c3d37d5869df9fdc9241f63a5dd2c574771e8f0e8aacd70c630f6d1767405

Presidential Executive Order

04-4436 (13329)

Presidential Documents 9181 Federal Register Vol. 69, No. 38 Thursday, February 26, 2004 Title 3— The President 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 innova- tion 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) pro- grams, in helping to advance innovation, including innovation in manufac- turing, 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 sub- mitted 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: (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 pro- gram 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 VerDate jul<14>2003 19:13 Feb 25, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26FEE0.SGM 26FEE0 9182 Federal Register / Vol. 69, No. 38 / Thursday, February 26, 2004 / Presidential Documents of Management and Budget with respect to budget, administrative, or legisla- tive proposals. (b) Nothing in this order shall be construed to require disclosure of informa- tion 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. W THE WHITE HOUSE, February 24, 2004. [FR Doc. 04–4436 Filed 2–25–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 19:13 Feb 25, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26FEE0.SGM 26FEE0

Encouraging Innovation in Manufacturing

2004-02-24T00:00:00

c3a3af8cc754719d45b6a2f0480693d5a1ab457899eec8080123c07843907621

Presidential Executive Order

04-6622 (13333)

Presidential Documents 13455 Federal Register Vol. 69, No. 56 Tuesday, March 23, 2004 Title 3— The President 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 depart- ments 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 rep- resentatives, shall carry out the functions under subsection 106(c) and sub- section 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 signifi- cant. 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 func- tions 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 establish- ment and conduct of initiatives and programs described in subsections 106(a) through (e) of the Act shall consult with appropriate nongovernmental organi- zations 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 the Act with respect to contracts, including proposing appropriate amend- ments to the Federal Acquisition Regulation. Each affected executive branch department or agency shall implement, within that department or agency, VerDate jul<14>2003 12:15 Mar 22, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23MRE0.SGM 23MRE0 13456 Federal Register / Vol. 69, No. 56 / Tuesday, March 23, 2004 / Presidential Documents 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 exer- cising 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 for- eign 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. W THE WHITE HOUSE, March 18, 2004. [FR Doc. 04–6622 Filed 3–22–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 12:15 Mar 22, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\23MRE0.SGM 23MRE0

Amending Executive Order 13257 To Implement the Trafficking Victims Protection Reauthorization Act of 2003

2004-03-18T00:00:00

8ea7745601339ca008f8d147214874e52e230b90242306547c97d8afb029c0fe

Presidential Executive Order

04-4451 (13330)

Presidential Documents 9185 Federal Register Vol. 69, No. 38 Thursday, February 26, 2004 Title 3— The President 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 or- dered 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 amen- ities. The importance of this role is underscored by the variety of transpor- tation programs that have been created in conjunction with health and human service programs, and by the significant Federal investment in acces- sible public transportation systems throughout the Nation. (c) These transportation resources, however, are often difficult for citizens to understand and access, and are more costly than necessary due to incon- sistent 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 seam- less, comprehensive, and accessible to those who rely on them for their lives and livelihoods. For persons with mobility limitations related to ad- vanced age, persons with disabilities, and persons struggling for self-suffi- ciency, 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-disadvan- taged are persons who qualify for Federally conducted or Federally assisted transportation-related programs or services due to disability, income, or ad- vanced age. Sec. 3. Establishment of the Interagency Transportation Coordinating Council on Access and Mobility. (a) There is hereby established, within the Depart- ment of Transportation for administrative purposes, the ‘‘Interagency Trans- portation Coordinating Council on Access and Mobility’’ (‘‘Interagency Trans- portation Coordinating Council’’ or ‘‘Council’’). The membership of the Inter- agency Transportation Coordinating Council shall consist of: (i) the Secretaries of Transportation, Health and Human Services, Edu- cation, Labor, Veterans Affairs, Agriculture, Housing and Urban De- velopment, and the Interior, the Attorney General, and the Com- missioner of Social Security; and VerDate jul<14>2003 19:14 Feb 25, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\26FEE1.SGM 26FEE1 9186 Federal Register / Vol. 69, No. 38 / Thursday, February 26, 2004 / Presidential Documents (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: (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 mecha- nisms 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, proce- dures, 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 appro- priate, 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 sub- stantive, 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 VerDate jul<14>2003 19:14 Feb 25, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\26FEE1.SGM 26FEE1 9187 Federal Register / Vol. 69, No. 38 / Thursday, February 26, 2004 / Presidential Documents right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumental- ities or entities, its officers or employees, or any other person. W THE WHITE HOUSE, February 24, 2004. [FR Doc. 04–4451 Filed 2–25–04; 11:57 am] Billing code 3195–01–P VerDate jul<14>2003 19:14 Feb 25, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\26FEE1.SGM 26FEE1

Human Service Transportation Coordination

2004-02-24T00:00:00

abf54d7e3a60515645e1dbd754ffa52cf590b529dd48c6accfffd1c791f8c448

Presidential Executive Order

04-10377 (13336)

Presidential Documents 25295 Federal Register Vol. 69, No. 87 Wednesday, May 5, 2004 Title 3— The President 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 pro- vided 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 innova- tions, 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 this order, the Working Group may consult with representatives of American Indian and Alaska Native tribes and organizations, in conformity with Execu- tive Order 13175 of November 6, 2000, and with the National Advisory Council on Indian Education (NACIE). Any such consultations shall be VerDate jul<14>2003 21:59 May 04, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05MYE0.SGM 05MYE0 25296 Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 / Presidential Documents 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 achieve- ment 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 par- ticular, 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 Amer- ican 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 meet- ing the goals outlined in the No Child Left Behind Act of 2001 and any other student achievement goals the Secretary of Edu- cation 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, 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 collabora- tions 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 edu- cation of American Indian and Alaska Native students attending Federal, State, tribal, and local schools. Sec. 6. Administration. The Department of Education shall provide appro- priate administrative services and staff support to the Working Group. With VerDate jul<14>2003 21:59 May 04, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05MYE0.SGM 05MYE0 25297 Federal Register / Vol. 69, No. 87 / Wednesday, May 5, 2004 / Presidential Documents 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 instru- mentalities, its officers or employees, or any other person. (b) Executive Order 13096 of August 6, 1998, is revoked. W THE WHITE HOUSE, April 30, 2004. [FR Doc. 04–10377 Filed 5–4–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 21:59 May 04, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\05MYE0.SGM 05MYE0

American Indian and Alaska Native Education

2004-04-30T00:00:00

f93b3a06d089de4b5f598b0bd5603e898b86267646549a9f12794d356fa52f8d

Presidential Executive Order

04-1941 (13325)

Presidential Documents 4217 Federal Register Vol. 69, No. 18 Wednesday, January 28, 2004 Title 3— The President 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 Execu- tive 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 Execu- tive 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 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.’’ VerDate jul<14>2003 16:10 Jan 27, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0 4218 Federal Register / Vol. 69, No. 18 / Wednesday, January 28, 2004 / Presidential Documents 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. W THE WHITE HOUSE, January 23, 2004. [FR Doc. 04–1941 Filed 1–27–04; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 16:10 Jan 27, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0

Amendment to Executive Order 12293, the Foreign Service of the United States

2004-01-23T00:00:00

9b31ccec2200457df82371d1bac04c196631e3d7c203b75886dfab603caf63a6

Presidential Executive Order

04-1322 (13324)

Presidential Documents 2823 Federal Register / Vol. 69, No. 12 / Tuesday, January 20, 2004 / Presidential Documents 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 imple- mented 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. 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. VerDate jul<14>2003 14:29 Jan 16, 2004 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\20JAE0.SGM 20JAE0 2824 Federal Register / Vol. 69, No. 12 / Tuesday, January 20, 2004 / Presidential Documents 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. W THE WHITE HOUSE, January 15, 2004. [FR Doc. 04–1322 Filed 1–16–04; 11:38 am] Billing code 3195–01–P VerDate jul<14>2003 14:29 Jan 16, 2004 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\20JAE0.SGM 20JAE0

Termination of Emergency With Respect to Sierra Leone and Liberia

2004-01-15T00:00:00

d9d2fc3e9256a9b9e07637edc3e2afcf5e720692358330b09876bc8c38603dab

Presidential Executive Order

04-5322 (13332)

Presidential Documents 10891 Federal Register Vol. 69, No. 45 Monday, March 8, 2004 Title 3— The President 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 (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 accord- ance 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. VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 10892 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13322 of December 30, 2003, is superseded. W THE WHITE HOUSE, March 3, 2004. Billing code 3195–01–P VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 10893 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ED08MR04.000</GPH> 10894 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ED08MR04.001</GPH> 10895 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ED08MR04.002</GPH> 10896 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ED08MR04.003</GPH> 10897 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ED08MR04.004</GPH> 10898 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ED08MR04.005</GPH> 10899 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ED08MR04.006</GPH> 10900 Federal Register / Vol. 69, No. 45 / Monday, March 8, 2004 / Presidential Documents [FR Doc. 04–5322 Filed 3–5–04; 8:55 am] Billing code 3195–01–C VerDate jul<14>2003 16:45 Mar 05, 2004 Jkt 203001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\08MRE0.SGM 08MRE0 ED08MR04.007</GPH>

Further Adjustment of Certain Rates of Pay

2004-03-03T00:00:00

7c76923075db85cfc7a8ec6fda86d07e0208eeaac54a6a7471f5c4bae61dec54

Presidential Executive Order

04-3170 (13328)

Presidential Documents 6901 Federal Register Vol. 69, No. 28 Wednesday, February 11, 2004 Title 3— The President 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 Intel- ligence Capabilities of the United States Regarding Weapons of Mass Destruc- tion (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, prolifera- tion, 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, manufac- ture, acquisition, possession, proliferation, transfer, testing, potential or threatened use, or use of Weapons of Mass Destruction and related means of delivery. (c) With respect to its examination under paragraph 2(a) of this order, the Commission shall: (i) specifically evaluate the challenges of obtaining information regard- ing 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 VerDate jul<14>2003 17:02 Feb 10, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11FEE0.SGM 11FEE0 6902 Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Presidential Documents (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 assess- ments 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 Commu- nity 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 Intel- ligence 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 con- cerning 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 proc- essing 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 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. VerDate jul<14>2003 17:02 Feb 10, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11FEE0.SGM 11FEE0 6903 Federal Register / Vol. 69, No. 28 / Wednesday, February 11, 2004 / Presidential Documents (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 Com- mission’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 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. W THE WHITE HOUSE, February 6, 2004. [FR Doc. 04–3170 Filed 2–10–04; 8:50 am] Billing code 3195–01–P VerDate jul<14>2003 17:02 Feb 10, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\11FEE0.SGM 11FEE0

Commission on the Intelligence Capabilities of the United States Regarding Weapons of Mass Destruction

2004-02-06T00:00:00

5190b5c1533905e9d124d379ab1666abd5891bdb343f6b6db606ecc32793af30

Presidential Executive Order

04-2773 (13327)

Presidential Documents 5897 Federal Register Vol. 69, No. 25 Friday, February 6, 2004 Title 3— The President 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 manage- ment reforms. Based on this policy, executive branch departments and agen- cies shall recognize the importance of real property resources through in- creased 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: VerDate jul<14>2003 12:11 Feb 05, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\06FEE0.SGM 06FEE0 5898 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Presidential Documents (i) identify and categorize all real property owned, leased, or other- wise 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 alter- native lease plans or rental agreements; (ii) prioritize actions to be taken to improve the operational and finan- cial management of the agency’s real property inventory; (iii) make life-cycle cost estimations associated with the prioritized ac- tions; (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 nec- essary 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 de- veloped 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 Man- agement 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 Manage- ment 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 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 manage- ment 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 meas- ures shall include, but are not limited to, evaluating the costs and benefits VerDate jul<14>2003 12:11 Feb 05, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\06FEE0.SGM 06FEE0 5899 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Presidential Documents 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 pur- chase, condemnation, exchange, lease, or otherwise; (iii) the cost and time required to dispose of Federal real property as- sets and the financial recovery of the Federal investment resulting from the disposal; (iv) the operating, maintenance, and security costs at Federal prop- erties, including but not limited to the costs of utility services at unoccupied properties; (v) the environmental costs associated with ownership of property, in- cluding the costs of environmental restoration and compliance ac- tivities; (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 im- proved 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 manage- ment objectives, as well as allow for comparing the performance of executive branch agencies against industry and other public sec- tor 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 guid- ance 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 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 lead- ership in the development and maintenance of needed property management information systems. (b) The Administrator of General Services shall publish common perform- ance 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 VerDate jul<14>2003 12:11 Feb 05, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\06FEE0.SGM 06FEE0 5900 Federal Register / Vol. 69, No. 25 / Friday, February 6, 2004 / Presidential Documents 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 Adminis- trator. Sec. 6. General Provisions. (a) The Director of the Office of Management and Budget shall review, through the management and budget review proc- esses, 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 Admin- istration shall, in consultation with the landholding agencies, develop legisla- tive 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 appro- priate 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, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. W THE WHITE HOUSE, February 4, 2004. [FR Doc. 04–2773 Filed 2–5–04; 9:19 am] Billing code 3195–01–P VerDate jul<14>2003 12:11 Feb 05, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\06FEE0.SGM 06FEE0

Federal Real Property Asset Management

2004-02-04T00:00:00

46ed11b67529d306c56616f0f83ac980ff94a834224dbd3863b01d5906f36891

Presidential Executive Order

03-30513 (13319)

Presidential Documents 68233 Federal Register Vol. 68, No. 235 Monday, December 8, 2003 Title 3— The President Executive Order 13319 of December 3, 2003 Amendment to Executive Order 13183, Establishment of the President’s Task Force on Puerto Rico’s Status By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that Executive Order 13183 of December 23, 2000, as amended, is further amended as follows: (1) Section 2 is amended by deleting the second and third sentences, and inserting in lieu thereof the following: ‘‘It shall be composed of designees of each member of the President’s Cabinet and the Deputy Assistant to the President and Director for Intergovernmental Affairs. The Task Force shall be co-chaired by the Attorney General’s designee and the Deputy Assistant to the President and Director for Intergovernmental Affairs.’’ (2) By deleting section 4, and inserting in lieu thereof the following: ‘‘Sec. 4. Report. The Task Force shall report on its actions to the President as needed, but no less frequently than once every 2 years, on progress made in the determination of Puerto Rico’s ultimate status.’’ W THE WHITE HOUSE, December 3, 2003. [FR Doc. 03–30513 Filed 12–5–03; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 07:59 Dec 05, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\08DEE0.SGM 08DEE0

Amendment to Executive Order 13183, Establishment of the President's Task Force on Puerto Rico's Status

2003-12-03T00:00:00

1cea608d706f1e2846958fd84325cea9e95b5e1afc2bd7da514cd629f9bedbfc

Presidential Executive Order

03-32332 (13323)

Presidential Documents 241 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents Executive Order 13323 of December 30, 2003 Assignment of Functions Relating to Arrivals in and Depar- tures From 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 215 of the Immigra- tion and Nationality Act (INA), as amended (8 U.S.C. 1185), and section 301 of title 3, United States Code, and to strengthen the national security of the United States through procedures and systems to manage and control the arrival and departure of persons from the United States, it is hereby ordered as follows: Section 1. Functions of the Secretary of Homeland Security. The Secretary of Homeland Security is assigned the functions of the President under section 215(a) of the INA with respect to persons other than citizens of the United States. In exercising these functions, the Secretary of Homeland Security shall not issue, amend, or revoke any rules, regulations, or orders without first obtaining the concurrence of the Secretary of State. Sec. 2. Functions of the Secretary of State. The Secretary of State is assigned the functions of the President under section 215(a) and (b) of the INA with respect to citizens of the United States, including those functions concerning United States passports. In addition, the Secretary may amend or revoke part 46 of title 22, Code of Federal Regulations, which concern persons other than citizens of the United States. In exercising these functions, the Secretary of State shall not issue, amend, or revoke any rules, regulations, or orders without first consulting with the Secretary of Homeland Security. Sec. 3. 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. W THE WHITE HOUSE, December 30, 2003. [FR Doc. 03–32332 Filed 12–31–03; 11:22 am] Billing code 3195–01–P VerDate jul<14>2003 15:29 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE1.SGM 02JAE1

Assignment of Functions Relating to Arrivals in and Departures From the United States

2003-12-30T00:00:00

c7536da6738c36a8b54ecba9bad19e67adf2e7b97f61cfa15021cc974114c4bb

Presidential Executive Order

03-30913 (13320)

Presidential Documents 69295 Federal Register Vol. 68, No. 239 Friday, December 12, 2003 Title 3— The President Executive Order 13320 of December 9, 2003 Closing of Executive Departments and Agencies of the Federal Government on Friday, December 26, 2003 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. All executive branch departments and agencies of the Federal Government shall be closed and their employees excused from duty on Friday, December 26, 2003, the day after Christmas Day, except as provided in section 2 below. Sec. 2. The heads of executive branch departments and agencies may deter- mine that certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees must report for duty on December 26, 2003, for reasons of national security or defense or other public need. Sec. 3. Friday, December 26, 2003, 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. W THE WHITE HOUSE, December 9, 2003. [FR Doc. 03–30913 Filed 12–11–03; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 08:25 Dec 11, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\12DEE0.SGM 12DEE0

Closing of Executive Departments and Agencies of the

2003-12-09T00:00:00

656172f06f58694ac60775bbd7d7637bbe9cc1df36070ae33db7676610dfd750

Presidential Executive Order

03-31594 (13321)

Presidential Documents 74465 Federal Register / Vol. 68, No. 246 / Tuesday, December 23, 2003 / Presidential Documents Executive Order 13321 of December 17, 2003 Appointments During National Emergency By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Emergencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to further respond to the national emergency I declared in Proclamation 7463 of September 14, 2001, I hereby order as follows: Section 1. Emergency Appointments Authority. The emergency appointments authority at section 603 of title 10, United States Code, is invoked and made available to the Secretary of Defense in accordance with the terms of that statute and of Executive Order 12396 of December 9, 1982. Sec. 2. 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 person. Sec. 3. Administration. This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, December 17, 2003. [FR Doc. 03–31594 Filed 12–22–03; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 19:45 Dec 22, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0

Appointments During National Emergency

2003-12-17T00:00:00

ee6a7e4bcce788dfbb2e2f760edb0a1517b3e3bec8092aab9b7f448b529f5d71

Presidential Executive Order

03-24217 (13316)

Presidential Documents 55255 Federal Register / Vol. 68, No. 184 / Tuesday, September 23, 2003 / Presidential Documents Executive Order 13316 of September 17, 2003 Continuance of Certain Federal Advisory Committees By the authority vested in me as President by the Constitution and the laws of the United States of America, and in accordance with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee listed below is continued until September 30, 2005. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). (b) National Infrastructure Advisory Council; Section 3 of Executive Order 13231, as amended (Department of Homeland Security). (c) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor). (d) President’s Board of Advisors on Historically Black Colleges and Univer- sities; Executive Order 13256 (Department of Education). (e) President’s Board of Advisors on Tribal Colleges and Universities; Executive Order 13270 (Department of Education). (f) President’s Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (g) President’s Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (h) President’s Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (i) President’s Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (j) President’s Council on Bioethics; Executive Order 13237 (Department of Health and Human Services). (k) President’s Council on Physical Fitness and Sports; Executive Order 13265 (Department of Health and Human Services). (l) President’s Export Council; Executive Order 12131, as amended (Depart- ment of Commerce). (m) President’s National Security Telecommunications Advisory Com- mittee; Executive Order 12382, as amended (Department of Homeland Secu- rity). (n) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative). Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section 1 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the guidelines and procedures estab- lished by the Administrator of General Services. Sec. 3. The following Executive Orders, or sections thereof, which established committees that have terminated or whose work is completed, are revoked: (a) Sections 5 through 7 of Executive Order 13111, as amended by Executive Order 13188 and Section 3(a) of Executive Order 13218, pertaining to the VerDate jul<14>2003 15:52 Sep 22, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\23SEE0.SGM 23SEE0 55256 Federal Register / Vol. 68, No. 184 / Tuesday, September 23, 2003 / Presidential Documents establishment of the Advisory Committee on Expanding Training Opportuni- ties; (b) Executive Order 12975, as amended by Executive Orders 13018, 13046, and 13137, establishing the National Bioethics Advisory Commission; (c) Executive Order 13227, as amended by Executive Order 13255, estab- lishing the President’s Commission on Excellence in Special Education; (d) Executive Order 13278, establishing the President’s Commission on the United States Postal Service; (e) Executive Order 13210, establishing the President’s Commission to Strengthen Social Security; (f) Sections 5 through 8 of Executive Order 13177, pertaining to the establishment of the President’s Council on the Use of Offsets in Commercial Trade; (g) Executive Order 13263, establishing the President’s New Freedom Com- mission on Mental Health; (h) Executive Order 13214, establishing the President’s Task Force to Improve Health Care Delivery for Our Nation’s Veterans; and (i) Executive Order 13147, as amended by Executive Order 13167, estab- lishing the White House Commission on Complementary and Alternative Medicine Policy. Sec. 4. Executive Order 13225 is superseded. Sec. 5. Section 1–102(a) of Executive Order 12131, as amended, is further amended to read as follows: ‘‘(a) The heads of the following executive agencies or their representatives: (1) Department of State. (2) Department of the Treasury. (3) Department of Agriculture. (4) Department of Commerce. (5) Department of Labor. (6) Department of Energy. (7) Department of Homeland Security. (8) Office of the United States Trade Representative. (9) Export-Import Bank of the United States. (10) Small Business Administration.’’ Sec. 6. This order shall be effective September 30, 2003. W THE WHITE HOUSE, September 17, 2003. [FR Doc. 03–24217 Filed 9–22–03; 11:38 am] Billing code 3195–01–P VerDate jul<14>2003 15:52 Sep 22, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\23SEE0.SGM 23SEE0

Continuance of Certain Federal Advisory Committees

2003-09-17T00:00:00

9a88d1708c6ad558325d11d4d362f4ad35b7f1fafff7366e4306fedb59f6fb76

Presidential Executive Order

03-29644 (13318)

Presidential Documents 66317 Federal Register / Vol. 68, No. 227 / Tuesday, November 25, 2003 / Presidential Documents Executive Order 13318 of November 21, 2003 Presidential Management Fellows Program By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 3301 and 3302 of title 5, United States Code, and in order to provide for the recruitment and selection of outstanding employees for service in public sector manage- ment, it is hereby ordered as follows: Section 1. There is hereby constituted the Presidential Management Fellows Program. The purpose of the Program is to attract to the Federal service outstanding men and women from a variety of academic disciplines and career paths who have a clear interest in, and commitment to, excellence in the leadership and management of public policies and programs. Individ- uals selected for the Program shall be known as Presidential Management Fellows (PMFs) or Senior Presidential Management Fellows (Senior PMFs). Sec. 2. (a) Individuals eligible for appointment as a PMF under this order are those who, in pursuing a course of study at the graduate level, have demonstrated both exceptional ability and the commitment to which section 1 refers. Such individuals at the time of application must have received, or must expect to receive soon thereafter, an appropriate advanced degree as defined by the Director of the Office of Personnel Management (OPM). (b) Individuals eligible for appointment as a Senior PMF under this order are those who have, through extensive work experience, demonstrated both exceptional leadership or analytical ability and the commitment to which section 1 refers. Sec. 3. The Director of OPM shall prescribe appropriate merit-based rules for the recruitment, nomination, assessment, selection, appointment, place- ment, and continuing career development of fellows, including rules that: (a) reserve to the head of a department or agency or component within the Executive Office of the President (EOP) the authority to appoint a fellow who is to be employed in that department, agency, or component; (b) provide for nomination by universities and colleges, through competi- tive selection processes, of eligible individuals for consideration for appoint- ment as PMFs; (c) carry out the policy of the United States to ensure equal employment opportunities for employees without discrimination because of race, color, religion, sex, or national origin; and (d) ensure the application of appropriate veterans’ preference criteria. Sec. 4. (a) Fellows shall be appointed to positions in either: (1) Schedule A of the excepted service; or (2) an agency or component within the EOP excepted from the competitive service. (b) Appointments under subsection (a) shall not exceed 2 years in duration unless extended by the head of the department or agency or component within the EOP, with the concurrence of the Director of OPM, for a period not to exceed 1 additional year. (c) The following principles and policies shall govern service and tenure by fellows: (1) responsibilities assigned to a PMF shall be consistent with the PMF’s educational background and career interests, and the purposes of the Program; VerDate jul<14>2003 16:38 Nov 24, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\25NOE0.SGM 25NOE0 66318 Federal Register / Vol. 68, No. 227 / Tuesday, November 25, 2003 / Presidential Documents and responsibilities assigned to a Senior PMF shall be consistent with the Senior PMF’s experience and career interests, and the purposes of the Pro- gram; (2) continuation of a fellow’s appointment shall be contingent upon satis- factory performance by the fellow throughout the fellowship appointment; (3) except as provided in paragraph (4) of this subsection, service as a fellow shall confer no right to further Federal employment in either the competitive or excepted service upon the expiration of the fellow’s appoint- ment; and (4) competitive civil service status may be granted to a fellow who satisfac- torily completes the Program and meets such other requirements as the Director of OPM may prescribe. A fellow appointed by an agency excepted from the competitive service may also be appointed to a permanent position in an excepted service agency without further competition. Sec. 5. The Director of OPM shall provide for an orderly transition, including with respect to nominations, selection processes, and appointments, from the Presidential Management Intern Program established by Executive Order 12364 of May 24, 1982, to the Presidential Management Fellows Program established by this order. Until that transition is provided for, individuals who were selected or appointed under the provisions of Executive Order 12364 and who have not completed their scheduled periods of excepted service are hereby redesignated as Presidential Management Fellows, and continue their internships under the terms of Executive Order 12364. Sec. 6. The Director of OPM shall prescribe such regulations as may be necessary to carry out the purposes of this order. Sec. 7. Executive Order 12364 is superseded, except as provided in section 5 of this order. Sec. 8. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. W THE WHITE HOUSE, November 21, 2003. [FR Doc. 03–29644 Filed 11–24–03; 10:46 am] Billing code 3195–01–P VerDate jul<14>2003 16:38 Nov 24, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\25NOE0.SGM 25NOE0

Presidential Management Fellows Program

2003-11-21T00:00:00

411ca272127b51f37c6ed9f4778e74922ca23296130e36a1003b1112daf3781b

Presidential Executive Order

03-24919 (13317)

Presidential Documents 56515 Federal Register / Vol. 68, No. 189 / Tuesday, September 30, 2003 / Presidential Documents Executive Order 13317 of September 25, 2003 Volunteers for Prosperity By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to encourage volunteer service by highly skilled Americans to support major initiatives by the United States for promoting health and prosperity around the world, it is hereby ordered as follows: Section 1. (a) Policy. A part of USA Freedom Corps, ‘‘Volunteers for Pros- perity’’ is a call to service to support major U.S. initiatives that promote health and prosperity around the world. Deploying highly skilled volunteers abroad is an efficient way to use our resources consistent with the objectives of the United States Government’s global prosperity agenda. United States volunteers will help to achieve the objectives of the global prosperity agenda, including providing clean water to the poor, promoting democratic govern- ance, developing economic freedom, promoting free and open markets, and stemming the spread of HIV/AIDS. The investment of Federal resources to enable U.S. volunteers to work with nongovernmental and voluntary service organizations overseas is a preferred use of our resources and also will help leverage private sector resources. United States citizens who are skilled professionals and who volunteer, when matched with organizations working on specific U.S. pros- perity initiatives overseas, can provide invaluable support for these initiatives and will supplement and complement the traditions and accomplishments of the Peace Corps. United States prosperity initiatives that can benefit from volunteer service include, but are not limited to, the Emergency Plan for AIDS Relief, the Digital Freedom Initiative, the Water for the Poor Initiative, the Trade for African Development and Enterprise Initiative, and the Middle East Partner- ship Initiative. Volunteer service in support of other initiatives, consistent with U.S. foreign policy, shall be considered as well. (b) Applicability. The following agencies are subject to the requirements of this order: the United States Agency for International Development (USAID), the Department of State, the Department of Commerce, the Depart- ment of Health and Human Services, and such other Federal agencies as the President may designate in the future. Sec. 2. Establishment. (a) Agencies subject to this order shall each establish within their respective organizations an Office for Volunteers for Prosperity (Office) or, as appropriate, an operating unit within an office. (b) Each agency subject to this order shall provide its Office or unit with appropriate staff, administrative support, and resources to meet its responsibilities under this order. (c) Each of these Offices or units shall begin operations no later than 30 days from the date of this order. (d) Agencies subject to this order shall consider, in evaluating grant applica- tions for assistance activities to be implemented abroad, the applicant’s use of highly skilled U.S. volunteers to support U.S. prosperity objectives and initiatives. Sec. 3. Purpose. To the extent permitted by law, the purpose of the Offices will be to promote, expand, and enhance well-defined volunteer service VerDate jul<14>2003 20:03 Sep 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\30SEE0.SGM 30SEE0 56516 Federal Register / Vol. 68, No. 189 / Tuesday, September 30, 2003 / Presidential Documents opportunities for highly skilled U.S. professionals who wish to work with nongovernmental and voluntary service organizations around the world in support of major U.S. prosperity initiatives as identified in section 1 of this order. Such promotion, expansion, and enhancement would include actively participating in the design and selection processes for grants within their agencies, tracking the use of U.S. private volunteer organizations by their agencies, and coordinating with White House Offices including the USA Freedom Corps, the Office of National AIDS Policy, and the Office of Faith-Based and Community Initiatives, as appropriate. Sec. 4. Funding. Agencies subject to this order are hereby directed to use their best efforts to use funds available for the U.S. prosperity initiatives listed in section 1 of this order to provide appropriate support to organiza- tions that use highly skilled U.S. volunteers to accomplish the objectives identified in those initiatives. Sec. 5. Coordination. The USAID shall serve as the inter-agency coordinator for the Volunteers for Prosperity initiative. In that capacity, the USAID shall coordinate the activities that fall within the scope of the initiative and report on the progress of the initiative to the USA Freedom Corps Office, within the White House Office. The reports shall be submitted within 180 days after the date of this order and annually thereafter. The USA Freedom Corps Council shall encourage consistency in policies and practices within the agencies subject to this order, as appropriate, for purposes related to the Volunteers for Prosperity initiative. Sec. 6. Administration. The actions directed by this order shall be carried out subject to the availability of appropriations, to the extent permitted by law, and consistent with the agencies’ missions. Sec. 7. Judicial Review. This order is intended only to improve the internal management of the executive branch of the Federal Government, and it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. W THE WHITE HOUSE, September 25, 2003. [FR Doc. 03–24919 Filed 9–29–03; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 20:03 Sep 29, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\30SEE0.SGM 30SEE0

Volunteers for Prosperity

2003-09-25T00:00:00

869e6b5b7565b6c474afd4142e8cef8c76259090949602152fc1300d5dae00ab

Presidential Executive Order

03-32328 (13322)

Presidential Documents 231 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents Executive Order 13322 of December 30, 2003 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(b), are set forth on the schedules attached hereto and made a part hereof: (a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1; (b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and (c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102–40) at Schedule 3. Sec. 2. Senior Executive Service. The ranges of rates of basic pay for senior executives in the Senior Executive Service, as established pursuant to 5 U.S.C. 5382, 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 sections 5304 and 5304a of title 5, United States Code, 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, 2004. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2004. VerDate jul<14>2003 15:21 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 232 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13282 of December 31, 2002, as amended by Executive Order 13291 of March 21, 2003, is super- seded. W THE WHITE HOUSE, December 30, 2003. Billing code 3195–01–P VerDate jul<14>2003 15:21 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 233 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents VerDate jul<14>2003 14:20 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 ED02JA04.036</GPH> 234 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents VerDate jul<14>2003 14:20 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 ED02JA04.037</GPH> 235 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents VerDate jul<14>2003 18:30 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 ED02JA04.038</GPH> 236 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents VerDate jul<14>2003 14:06 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 ED02JA04.039</GPH> 237 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents VerDate jul<14>2003 14:06 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 ED02JA04.040</GPH> 238 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents VerDate jul<14>2003 14:06 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 ED02JA04.041</GPH> 239 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents VerDate jul<14>2003 14:06 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00009 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 ED02JA04.042</GPH> 240 Federal Register / Vol. 69, No. 1 / Friday, January 2, 2004 / Presidential Documents [FR Doc. 03–32328 Filed 12–31–03; 11:22 am] Billing code 6325–01–C VerDate jul<14>2003 14:06 Dec 31, 2003 Jkt 203001 PO 00000 Frm 00010 Fmt 4790 Sfmt 4790 E:\FR\FM\02JAE0.SGM 02JAE0 ED02JA04.043</GPH>

Adjustments of Certain Rates of Pay

2003-12-30T00:00:00

c10f5b3c72c53bf34d79410c952146ac12771cc527449aeb21e3d5d5fd4bb170

Presidential Executive Order

03-20764 (13314)

Presidential Documents 48249 Federal Register Vol. 68, No. 156 Wednesday, August 13, 2003 Title 3— The President Executive Order 13314 of August 8, 2003 Waiver Under the Trade Act of 1974 With Respect to Turkmenistan By the authority vested in me as President by the Constitution and the laws of the United States of America, including subsection 402(c)(2) and (d) of the Trade Act of 1974, as amended (the ‘‘Act’’) (19 U.S.C. 2432(c)(2) and (d)), and having made the report to the Congress set forth in subsection 402(c)(2), I hereby waive the application of subsections (a) and (b) of section 402 of the Act with respect to Turkmenistan. W THE WHITE HOUSE, August 8, 2003. [FR Doc. 03–20764 Filed 8–12–03; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 08:32 Aug 12, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\13AUE0.SGM 13AUE0

Waiver Under the Trade Act of 1974 With Respect to Turkmenistan

2003-08-08T00:00:00

32b04cf14645635c720048817837e012340e0d01d9c41cae0dcbcd2b72cab3f9

Presidential Executive Order

03-20013 (13313)

Presidential Documents 46073 Federal Register Vol. 68, No. 150 Tuesday, August 5, 2003 Title 3— The President Executive Order 13313 of July 31, 2003 Delegation of Certain Congressional 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 of submitting certain recurring reports to the Congress are assigned as follows: (a) The Secretary of State shall submit the following reports: 1. Report on Kosovo Peacekeeping, consistent with section 1213 of Public Law 106–398; 2. Report on Bosnia and U.S. Forces in NATO-Led Stabilization Force (SFOR), consistent with section 7(b) of Public Law 105–174 and section 1203(a) of Public Law 105–261; 3. Report on Partnership for Peace Developments, consistent with section 514 of Public Law 103–236 (22 U.S.C. 1928 note); 4. Report on U.S. Military Personnel and U.S. Civilian Contractors in Colombia, consistent with section 3204(f) of Public Law 106–246; 5. Report on Nuclear Nonproliferation, consistent with section 601(a) of Public Law 95–242, as amended by Public Law 103–236 (22 U.S.C. 3281(a)); 6. Report on Resolution of the Cyprus Dispute, consistent with section 620C(c) of Public Law 87–195, as amended by Public Law 95–384 (22 U.S.C. 2373(c)); 7. Report on Peacekeeping, consistent with section 4 of Public Law 79– 264, as amended (22 U.S.C. 287b); 8. Report on Proposed Refugee Admissions, consistent with section 207(d)(1) of Public Law 96–212 (8 U.S.C. 1157(d)(1)); 9. Report on Continued Compliance With the Provisions of the Jackson- Vanik Amendment, consistent with sections 402(b) and 409(b) of Public Law 93–618, as amended (19 U.S.C. 2432(b), 2439(b)); 10. Report Regarding Conditions in Burma and U.S. Policy Toward Burma, consistent with section 570(d) of Public Law 104–208; 11. Report on Tibet Negotiations, consistent with section 613(b) of Public Law 107–228 (22 U.S.C. 6901 note); 12. Report on Strategy for Meeting Security Needs of Afghanistan, con- sistent with section 206(c)(2) of Public Law 107–327 (22 U.S.C. 7536(c)(2)); 13. Report on Proliferation of Missiles and Essential Components of Nu- clear, Biological, Chemical, and Radiological Weapons, consistent with sec- tion 1308(a) of Public Law 107–228 (50 U.S.C. 2368(a)); 14. Report on the National Emergency With Respect to Proliferation of Weapons of Mass Destruction, Executive Order 12938, consistent with section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c), and section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c); 15. Report on Adherence to and Compliance With Arms Control Agree- ments and Nonproliferation Agreements and Commitments, consistent with section 403 of Public Law 87–297, as amended (22 U.S.C. 2593a); VerDate jul<14>2003 12:27 Aug 04, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\05AUE0.SGM 05AUE0 46074 Federal Register / Vol. 68, No. 150 / Tuesday, August 5, 2003 / Presidential Documents 16. Report on Chemical Weapons Convention Inspections, consistent with section 309 of the Chemical Weapons Convention Implementation Act of 1998 (22 U.S.C. 6728); 17. Report on U.S. Participation in the United Nations, consistent with section 4 of Public Law 79–264, as amended (22 U.S.C. 287b); and 18. Report on Russian Proliferation to Iran and Other Countries of Prolifera- tion Concern, consistent with section 1206 of Public Law 107–314 (22 U.S.C. 5952 note). (b) The Secretary of the Treasury shall submit the following reports: 1. Report on the National Emergency With Respect to Libya, Executive Order 12543, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 2. Report on the National Emergency With Respect to the Western Balkans, Executive Order 13219, consistent with section 401(c) of the National Emer- gencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emer- gency Economic Powers Act, 50 U.S.C. 1703(c); 3. Report on the National Emergency With Respect to the Risk of Nuclear Proliferation Relating to the Disposition of Highly Enriched Uranium Ex- tracted from Nuclear Weapons of the Government of the Russian Federation, Executive Order 13159, consistent with section 401(c) of the National Emer- gencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emer- gency Economic Powers Act, 50 U.S.C. 1703(c); 4. Report on the National Emergency With Respect to Burma, Executive Order 13047, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 5. Report on the National Emergency With Respect to Middle East Ter- rorism, Executive Order 12947, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 6. Report on the National Emergency With Respect to the 1979 Iranian Emergency and Assets Blocking, Executive Order 12170, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 7. Report on the National Emergency With Respect to Iranian Petroleum Resources, Executive Order 12957, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 8. Report on the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia, Executive Order 12978, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 9. Report on the National Emergency With Respect to Persons Who Commit, Threaten to Commit, or Support Terrorism, Executive Order 13224, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 10. Report on the National Emergency With Respect to Sierra Leone and Liberia, Executive Order 13194, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 11. Report on the National Emergency With Respect to Sudan, Executive Order 13067, consistent with section 401(c) of the National Emergencies VerDate jul<14>2003 12:27 Aug 04, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\05AUE0.SGM 05AUE0 46075 Federal Register / Vol. 68, No. 150 / Tuesday, August 5, 2003 / Presidential Documents Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 12. Report on the National Emergency With Respect to Iraq, Executive Order 12722, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 13. Report on the National Emergency With Respect to the Development Fund for Iraq, Executive Order 13303, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); 14. Classified Report on the Status of Sanctions Imposed on Significant Foreign Narcotics Traffickers, consistent with section 804(d) of Public Law 106–120 (21 U.S.C. 1903(d)); 15. Report on Telecommunications Payments Made to Cuba Pursuant to Department of the Treasury Specific Licenses, consistent with section 1705(e)(6) of Public Law 102–484, as amended by Public Law 104–114 (22 U.S.C. 6004(e)(6)); 16. Report on the National Emergency With Respect to Persons Under- mining Democratic Processes or Institutions in Zimbabwe, Executive Order 13288, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c); and 17. Report on International Debt Relief, consistent with section 1000(a)(5) of Public Law 106–113. (c) The Secretary of Defense shall submit the following reports: 1. Report on Kosovo Benchmarks, consistent with section 1212(c) of Public Law 106–398; and 2. Report on the National Emergency With Respect to Terrorist Attacks on the United States, Proclamation 7463 of September 14, 2001, consistent with section 401(c) of the National Emergencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emergency Economic Powers Act, 50 U.S.C. 1703(c). (d) The Secretary of Commerce shall submit the Report on the National Emergency Caused by the Lapse of the Export Administration Act of 1979, Executive Order 13222, consistent with section 401(c) of the National Emer- gencies Act, 50 U.S.C. 1641(c), and section 204(c) of the International Emer- gency Economic Powers Act, 50 U.S.C. 1703(c). (e) The Director of Central Intelligence shall submit the following reports: 1. Report on Foreign Economic Collection and Industrial Espionage, con- sistent with section 809(b) of Public Law 103–359 (50 U.S.C. App. 2170(b)); and 2. Reports on Commerce With, and Assistance to, Cuba from Other Foreign Countries, consistent with section 108(a) of Public Law 104–114 (22 U.S.C. 6038(a)). (f) The Director of National Drug Control Policy shall submit the Report on Support for Plan Colombia, consistent with section 3204(e) of Public Law 106–246. Sec. 2. Reports to the Congress described in certain Senate resolutions shall be submitted as follows: (a) The Secretary of State shall submit the following reports: 1. Report on the Inter-American Convention Against Corruption, consistent with the Resolution of Advice and Consent to Ratification of the Inter- American Convention Against Corruption adopted by the Senate on July 27, 2000; 2. Report on Compliance With the Treaty on Conventional Armed Forces in Europe, consistent with Condition 5(C) of the Resolution of Advice and VerDate jul<14>2003 12:27 Aug 04, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05AUE0.SGM 05AUE0 46076 Federal Register / Vol. 68, No. 150 / Tuesday, August 5, 2003 / Presidential Documents Consent to Ratification of the Document Agreed Among the States Parties to the Treaty on Conventional Armed Forces in Europe of November 19, 1990; 3. Report on Chemical Weapons Convention Compliance, consistent with Condition 10(C) of the Resolution of Advice and Consent to the Chemical Weapons Convention adopted by the Senate on April 24, 1997; and 4. Report on Moscow Treaty Implementation, consistent with section 2(2) of the Resolution of Advice and Consent to Ratification of the Treaty on Strategic Offensive Reductions of May 24, 2002. (b) The Secretary of Commerce shall submit the Report on the Status of the World Intellectual Property Organization Copyright Treaty and the Performance and Phonograms Treaty, consistent with the Senate’s resolution of ratification of October 21, 1998. (c) The Secretary of Defense shall submit the Report on Moscow Treaty Implementation, consistent with section 2(1) of the Resolution of Advice and Consent to Ratification of the Treaty on Strategic Offensive Reductions of May 24, 2002. Sec. 3. 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 Presi- dent may judge necessary and expedient; and (d) supervise the unitary executive branch. Sec. 4. 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. 5. This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. W THE WHITE HOUSE, July 31, 2003. [FR Doc. 03–20013 Filed 8–4–03; 8:45 am] Billing code 3195–01–P VerDate jul<14>2003 12:27 Aug 04, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05AUE0.SGM 05AUE0

Delegation of Certain Congressional Reporting Functions

2003-07-31T00:00:00

f581af2606c1da1ba00605b59eadbaad26359f14000ea2a547c926d73903ea04

Presidential Executive Order

03-22543 (13315)

Presidential Documents 52315 Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / Presidential Documents Executive Order 13315 of August 28, 2003 Blocking Property of the Former Iraqi Regime, Its Senior Of- ficials and Their Family Members, and Taking Certain Other Actions By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), section 5 of the United Nations Participa- tion Act, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, in view of United Nations Security Council Resolution 1483 of May 22, 2003, and in order to take additional steps with respect to the situation in Iraq, I, GEORGE W. BUSH, President of the United States of America, hereby expand the scope of the national emergency declared in Executive Order 13303 of May 22, 2003, 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 mainte- nance of peace and security in that country, and the development of political, administrative, and economic institutions in Iraq. I find that the removal of Iraqi property from that country by certain senior officials of the former Iraqi regime and their immediate family members constitutes one of these obstacles. I further determine that the United States is engaged in armed hostilities and that it is in the interest of the United States to confiscate certain additional property of the former Iraqi regime, certain senior officials of the former regime, immediate family members of those officials, and controlled entities. I intend that such property, after all right, title, and interest in it has vested in the Department of the Treasury, shall be transferred to the Development Fund for Iraq. Such property shall be used to meet the humanitarian needs of the Iraqi people, for the economic reconstruction and repair of Iraq’s infrastructure, for the continued disarmament of Iraq, for the costs of Iraqi civilian administration, and for other purposes benefiting the Iraqi people. I determine that such use would be in the interest of and for the benefit of the United States. I hereby order: Section 1. Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), 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 former Iraqi regime or its state bodies, corporations, or agencies, or 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: (a) the persons listed in the Annex to this order; and (b) persons determined by the Secretary of the Treasury, in consultation with the Secretary of State, (i) to be senior officials of the former Iraqi regime or their immediate family members; or (ii) to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any of the persons listed in the Annex to this order or determined to be subject to this order. VerDate jul<14>2003 08:41 Sep 02, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 52316 Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / Presidential Documents Sec. 2. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to confiscate property that is blocked pursuant to section 1 of this order and that he determines, in consultation with the Secretary of State, to belong to a person, organization, or country that has planned, authorized, aided, or engaged in armed hostilities against the United States. All right, title, and interest in any property so confiscated shall vest in the Department of the Treasury. Such vested property shall promptly be transferred to the Development Fund for Iraq. 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; (d) the term ‘‘former Iraqi regime’’ means the Saddam Hussein regime that governed Iraq until on or about May 1, 2003; (e) the term ‘‘coalition authority’’ means the Coalition Provisional Authority under the direction of its Administrator, and the military forces of the United States, the United Kingdom, and their coalition partners present in Iraq under the command or operational control of the Commander of United States Central Command; and (f) the term ‘‘Development Fund for Iraq’’ means the fund established on or about May 22, 2003, on the books of the Central Bank of Iraq, by the Administrator of the Coalition Provisional Authority responsible for the temporary governance of Iraq and all accounts held for the fund or for the Central Bank of Iraq in the name of the fund. 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 deter- mined to be subject to the sanctions imposed under this order would seri- ously impair my ability to deal with the national emergency declared in Executive Order 13303 and expanded in scope in this order and would endanger Armed Forces of the United States that are engaged in hostilities, and I hereby prohibit such donations as provided by section 1 of this order. Sec. 6. For those persons listed in the Annex to this order or determined to be subject to this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render these measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13303 and expanded in scope in this order, there need be no prior notice of a listing or determina- tion made pursuant to section 1 of 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 func- tions to other officers and agencies of the United States Government, con- sistent with applicable law. All agencies of the United States Government VerDate jul<14>2003 08:41 Sep 02, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 52317 Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / Presidential Documents 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 this order, that circumstances no longer warrant 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. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or pursuant to this order. Sec. 10. This order shall not apply to such property as is or may come under the control of the coalition authority in Iraq. Nothing in this order is intended to affect dispositions of such property or other determinations by the coalition authority. Sec. 11. 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, instrumental- ities, or entities, officers or employees, or any other person. Sec. 12. This order is effective on 12:01 a.m. EDT on August 29, 2003. Sec. 13. This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, August 28, 2003. Billing code 3195–01–P VerDate jul<14>2003 08:41 Sep 02, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 52318 Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / Presidential Documents VerDate jul<14>2003 08:41 Sep 02, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE03.003</GPH> 52319 Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / Presidential Documents VerDate jul<14>2003 08:41 Sep 02, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE03.004</GPH> 52320 Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / Presidential Documents VerDate jul<14>2003 08:41 Sep 02, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4790 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE03.005</GPH> 52321 Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / Presidential Documents VerDate jul<14>2003 08:41 Sep 02, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4790 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE03.006</GPH> 52322 Federal Register / Vol. 68, No. 170 / Wednesday, September 3, 2003 / Presidential Documents [FR Doc. 03–22543 Filed 9–2–03; 8:45 am] Billing code 4810–25–C VerDate jul<14>2003 08:41 Sep 02, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4790 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0 ED03SE03.007</GPH>

Blocking Property of the Former Iraqi Regime, Its Senior Officials and Their Family Members, and Taking Certain Other Actions

2003-08-28T00:00:00

303acb1dbbf8fe47545b32f8ccfa5091c20bc511c0824bb69e5bf21dc6750107

Presidential Executive Order

03-19675 (13311)

Presidential Documents 45149 Federal Register / Vol. 68, No. 147 / Thursday, July 31, 2003 / Presidential Documents Executive Order 13311 of July 29, 2003 Homeland Security Information Sharing By the authority vested in me by the Constitution and the laws of the United States, including sections 892 and 893 of the Homeland Security Act of 2002 (the ‘‘Act’’) (6 U.S.C. 482 and 483) and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Assignment of Functions. (a) The functions of the President under section 892 of the Act are assigned to the Secretary of Homeland Security (the ‘‘Secretary’’), except the functions of the President under subsections 892(a)(2) and 892(b)(7). (b) Subject to section 2(b) of this order, the function of the President under section 893 of the Act is assigned to the Secretary. (c) Procedures issued by the Secretary in the performance of the function of the President under section 892(a)(1) of the Act shall apply to all agencies of the Federal Government. Such procedures shall specify that the President may make, or may authorize another officer of the United States to make, exceptions to the procedures. (d) The function of the President under section 892(b)(7) of the Act is delegated to the Attorney General and the Director of Central Intelligence, to be exercised jointly. (e) In performing the functions assigned to the Secretary by subsection (a) of this section, the Secretary shall coordinate with the Secretary of State, the Secretary of Defense, the Attorney General, the Secretary of Energy, the Director of the Office of Management and Budget, the Director of Central Intelligence, the Archivist of the United States, and as the Secretary deems appropriate, other officers of the United States. (f) A determination, under the procedures issued by the Secretary in the performance of the function of the President under section 892(a)(1) of the Act, as to whether, or to what extent, an individual who falls within the category of ‘‘State and local personnel’’ as defined in sections 892(f)(3) and (f)(4) of the Act shall have access to information classified pursuant to Executive Order 12958 of April 17, 1995, as amended, is a discretionary determination and shall be conclusive and not subject to review or appeal. Sec. 2. Rules of Construction. Nothing in this order shall be construed to impair or otherwise affect: (a) the authority of the Director of Central Intelligence under section 103(c)(7) of the National Security Act of 1947, as amended (50 U.S.C. 403– 3(c)(7)), to protect intelligence sources and methods from unauthorized dis- closure; (b) the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals; or (c) the provisions of Executive Orders 12958 of April 17, 1995, as amended, and 12968 of August 2, 1995, as amended. VerDate jul<14>2003 17:58 Jul 30, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\31JYE0.SGM 31JYE0 45150 Federal Register / Vol. 68, No. 147 / Thursday, July 31, 2003 / Presidential Documents Sec. 3. General Provision. 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, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. W THE WHITE HOUSE, July 29, 2003. [FR Doc. 03–19675 Filed 7–30–03; 9:18 am] Billing code 3195–01–P VerDate jul<14>2003 17:58 Jul 30, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\31JYE0.SGM 31JYE0

Homeland Security Information Sharing

2003-07-29T00:00:00

fdbc90889d79b454bd63ba90eab5ad5417ee9b9c7c4bf95612c0c6c6aee8210c

Presidential Executive Order

04-17636 (13350)

Presidential Documents 46055 Federal Register Vol. 69, No. 146 Friday, July 30, 2004 Title 3— The President 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 Emer- gencies Act (50 U.S.C. 1601 et seq.)(NEA), section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c)(UNPA), and section 301 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, 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 Execu- tive 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 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 mainte- nance 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)), termi- nation 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 replac- ing it with ‘‘the national emergency declared in Executive Order 13303 of March 20, 2003, and expanded in Executive Order 13315 of August 28, 2003’’. VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 46056 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents 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 deter- mined 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 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 func- tions to other officers and agencies of the United States Government con- sistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. 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. VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 46057 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents 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. W THE WHITE HOUSE, July 29, 2004. Billing code 3195–01–P VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 46058 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.093</GPH> 46059 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.094</GPH> 46060 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.095</GPH> 46061 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.096</GPH> 46062 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.097</GPH> 46063 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.098</GPH> 46064 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.099</GPH> 46065 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.100</GPH> 46066 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.101</GPH> 46067 Federal Register / Vol. 69, No. 146 / Friday, July 30, 2004 / Presidential Documents [FR Doc. 04–17636 Filed 7–29–04; 12:57 pm] Billing code 4810–25–C VerDate jul<14>2003 20:07 Jul 29, 2004 Jkt 203001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0 ED30JY04.102</GPH>

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

2004-07-29T00:00:00

1ea0f724c553767260cf6f4a746db87c96e86302826e005d91d41eb312a7da5f

Presidential Executive Order

03-19572 (13309)

Presidential Documents 44851 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Presidential Documents Executive Order 13309 of July 25, 2003 Amendments to Executive Order 12994, and Renaming the President’s Committee on Mental Retardation as the Presi- dent’s Committee for People with Intellectual Disabilities By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to change the name of the ‘‘President’s Committee on Mental Retardation’’ to the ‘‘President’s Committee for People with Intellectual Disabilities’’ (the ‘‘Committee’’) and expand the membership of the Committee, it is hereby ordered as follows: Section 1. The President’s Committee on Mental Retardation is hereby re- named the President’s Committee for People with Intellectual Disabilities. Sec. 2. Executive Order 12994 of March 21, 1996, is hereby amended by deleting the words ‘‘mental retardation’’ and inserting the words ‘‘intellectual disabilities’’ in lieu thereof throughout the text of that order, except in the title, the first line of the preamble, and section 1 of that order. Sec. 3. Section 1 of Executive Order 12994 is amended by deleting the words ‘‘(the ‘‘Committee’’)’’ and adding after ‘‘responsibilities,’’ the words ‘‘and renamed the President’s Committee for People with Intellectual Disabil- ities (the ‘‘Committee’’),’’. Sec. 4. Section 2 of Executive Order 12994 is amended by inserting after ‘‘(5) The Secretary of Housing and Urban Development;’’ the following: ‘‘(6) The Secretary of Commerce; (7) The Secretary of Transportation; (8) The Secretary of the Interior; (9) The Secretary of Homeland Security;’’ and renumbering former subsections (6) through (9) as subsections (10) through (13). Sec. 5. The Committee is continued until September 30, 2005. W THE WHITE HOUSE, July 25, 2003. [FR Doc. 03–19572 Filed 7–29–03; 8:57 am] Billing code 3195–01–P VerDate jul<14>2003 16:54 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\30JYE0.SGM 30JYE0

Amendments to Executive Order 12994, and Renaming the President's Committee on Mental Retardation as the President's Committee for People with Intellectual Disabilities

2003-07-25T00:00:00

0a813c8663b6079a9c3a81e1f9b17ac8e08f7e2837794a127f84f3b9e27a5fa4

Presidential Executive Order

03-19676 (13312)

Presidential Documents 45151 Federal Register / Vol. 68, No. 147 / Thursday, July 31, 2003 / Presidential Documents Executive Order 13312 of July 29, 2003 Implementing the Clean Diamond Trade Act By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Clean Diamond Trade Act (Public Law 108–19) (the ‘‘Act’’), the International Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et seq.), 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), and section 301 of title 3, United States Code, and in view of the national emergency described and declared in Executive Order 13194 of January 18, 2001, and expanded in scope in Executive Order 13213 of May 22, 2001, I, GEORGE W. BUSH, President of the United States of America, note that, in response to the role played by the illicit trade in diamonds in fueling conflict and human rights violations in Sierra Leone, the President declared a national emergency in Executive Order 13194 and imposed restrictions on the importation of rough diamonds into the United States from Sierra Leone. I expanded the scope of that emergency in Executive Order 13213 and prohibited absolutely the importation of rough diamonds from Liberia. I further note that representatives of the United States and numerous other countries announced in the Interlaken Declaration of November 5, 2002, the launch of the Kimberley Process Certification Scheme (KPCS) for rough diamonds, under which Participants prohibit the importation of rough dia- monds from, or the exportation of rough diamonds to, a non-Participant and require that shipments of rough diamonds from or to a Participant be controlled through the KPCS. The Clean Diamond Trade Act authorizes the President to take steps to implement the KPCS. Therefore, in order to implement the Act, to harmonize Executive Orders 13194 and 13213 with the Act, to address further threats to international peace and security posed by the trade in conflict diamonds, and to avoid undermining the legitimate diamond trade, it is hereby ordered as follows: Section 1. Prohibitions. Notwithstanding the existence of any rights or obliga- tions conferred or imposed by any contract entered into or any license or permit granted prior to July 30, 2003, the following are, except to the extent a waiver issued under section 4(b) of the Act applies, prohibited: (a) the importation into, or exportation from, the United States on or after July 30, 2003, of any rough diamond, from whatever source, unless the rough diamond has been controlled through the KPCS; (b) any transaction by a United States person anywhere, or any transaction that occurs in whole or in part within the United States, that evades or avoids, or has the purpose of evading or avoiding, or attempts to violate, any of the prohibitions set forth in this section; and (c) any conspiracy formed to violate any of the prohibitions of this section. Sec. 2. Assignment of Functions. (a) The functions of the President under the Act are assigned as follows: (i) sections 4(b), 5(c), 6(b), 11, and 12 to the Secretary of State; and (ii) sections 5(a) and 5(b) to the Secretary of the Treasury. (b) The Secretary of State and the Secretary of the Treasury may reassign any of these functions to other officers, officials, departments, and agencies within the executive branch, consistent with applicable law. VerDate jul<14>2003 18:02 Jul 30, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\31JYE1.SGM 31JYE1 45152 Federal Register / Vol. 68, No. 147 / Thursday, July 31, 2003 / Presidential Documents (c) In performing the function of the President under section 11 of the Act, the Secretary of State shall establish the coordinating committee as part of the Department of State for administrative purposes only, and shall, consistent with applicable law, provide administrative support to the coordi- nating committee. In the performance of functions assigned by subsection 2(a) of this order or by the Act, the Secretary of State, the Secretary of the Treasury, and the Secretary of Homeland Security shall consult the coordinating committee, as appropriate. Sec. 3. Amendments to Related Executive Orders. (a) Section 1 of Executive Order 13194 of January 18, 2001, is revised to read as follows: ‘‘Section 1. Except to the extent provided by section 2 of this order, and notwithstanding the existence of any rights or obligations conferred or imposed by any contract entered into or any license or permit granted prior to the effective date of this order, the importation into, or exportation from, the United States of any rough diamond from Sierra Leone, on or after July 30, 2003, is prohibited.’’ (b) Section 2 of Executive Order 13194 is revised to read as follows: ‘‘Sec. 2. The prohibitions in section 1 of this order shall not apply to the importation or exportation of any rough diamond that has been controlled through the Kimberley Process Certification Scheme.’’ (c) Sections 4(c), (d), and (e) of Executive Order 13194 are deleted, and the word ‘‘and’’ is added after the semicolon at the end of section 4(a). (d) Section 1 of Executive Order 13213 of May 22, 2001, is revised to read as follows: ‘‘Section 1. Notwithstanding the existence of any rights or obligations conferred or imposed by 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 all rough diamonds from Liberia, whether or not such diamonds originated in Liberia, on or after July 30, 2003, is prohibited.’’ Sec. 4. Definitions. For the purposes of this order and Executive Order 13194, the definitions set forth in section 3 of the Act shall apply, and the term ‘‘Kimberley Process Certification Scheme’’ shall not be construed to include any changes to the KPCS after April 25, 2003. Sec. 5. General Provisions. 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. 6. Effective Date and Transmittal. (a) Sections 1 and 3 of this order are effective at 12:01 a.m. eastern daylight time on July 30, 2003. The remaining provisions of this order are effective immediately. (b) This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, July 29, 2003. [FR Doc. 03–19676 Filed 7–30–03; 9:18 am] Billing code 3195–01–P VerDate jul<14>2003 18:02 Jul 30, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\31JYE1.SGM 31JYE1

Implementing the Clean Diamond Trade Act

2003-07-29T00:00:00

3852c5579c2129ca0ac2903fd7deae394679748d14f474a999136022bc615a8a

Presidential Executive Order

03-19573 (13310)

Presidential Documents 44853 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Presidential Documents Executive Order 13310 of July 28, 2003 Blocking Property of the Government of Burma and Prohib- iting Certain Transactions By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), the Burmese Freedom and Democracy Act of 2003 (July 28, 2003), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the Government of Burma’s continued repression of the democratic opposition in Burma and with respect to the national emergency declared in Executive Order 13047 of May 20, 1997; I, GEORGE W. BUSH, President of the United States of America, hereby order: Section 1. Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), the Trade Sanctions Reform and Export Enhancement Act of 2000 (title IX, PublicLaw 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, ex- ported, withdrawn, or otherwise dealt in: (a) the persons listed in the Annex attached and made a part of this order; and (b) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, (i) to be a senior official of the Government of Burma, the State Peace and Development Council of Burma, the Union Solidarity and De- velopment Association of Burma, or any successor entity to any of the foregoing; or (ii) 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. Sec. 2. Except to the extent provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)), the 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, the following are prohibited: (a) the exportation or reexportation, directly or indirectly, to Burma of any financial services either (i) from the United States or (ii) by a United States person, wherever located; and (b) any approval, financing, facilitation, or guarantee by a United States person, wherever located, of a transaction by a foreign person where the transaction by that foreign person would be prohibited by this order if performed by a United States person or within the United States; Sec. 3. Beginning 30 days after the effective date of this order, and except to the extent provided in section 8 of this order and in regulations, orders, VerDate jul<14>2003 16:55 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\30JYE1.SGM 30JYE1 44854 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Presidential Documents directives, or licenses that may be issued pursuant to this order, and notwith- standing any contract entered into or any license or permit granted prior to 30 days after the effective date of this order, the importation into the United States of any article that is a product of Burma is hereby prohibited. 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 any of the prohibitions set forth in this order is prohibited. Sec. 5. 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 ‘‘Government of Burma’’ means the Government of Burma (sometimes referred to as Myanmar), its agencies, instrumentalities and con- trolled entities, and the Central Bank of Burma. Sec. 6. 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 whose property and interests in property are blocked pursuant to section 1 of this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13047, and hereby prohibit such donations as provided by section 1 of this order. Sec. 7. For those persons whose property and interests in property are blocked pursuant to section 1 of this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of meas- ures to be taken pursuant to this order would render these measures ineffec- tual. I therefore determine that for these measures to be effective in addressing the national emergency declared in Executive Order 13047, there need be no prior notice of a listing or determination made pursuant to this order. Sec. 8. Determining that such a waiver is in the national interest of the United States, I hereby waive the prohibitions described in section 3 of the Burmese Freedom and Democracy Act of 2003 with respect to any and all articles that are a product of Burma to the extent that prohibiting the importation of such articles would conflict with the international obliga- tions of the United States under the Vienna Convention on Diplomatic Relations, the Vienna Convention on Consular Relations, the United Nations Headquarters Agreement, and other legal instruments providing equivalent privileges and immunities. Sec. 9. 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 sections 3(a) and 4 of the Burmese Freedom and Democracy Act of 2003, other than the authority to make the determinations and certifi- cation to the Congress that Burma has met the conditions described in 3(a)(3) of the Act, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government consistent with applicable law. The Secretary of State is authorized to exercise the functions and authorities conferred upon the President by section 3(b) of the Burmese Freedom and Democracy Act of 2003 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. VerDate jul<14>2003 16:55 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\30JYE1.SGM 30JYE1 44855 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Presidential Documents Sec. 10. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to determine, subsequent to the issuance of this order, that circumstances no longer warrant inclusion of a person in the Annex to this order and that the property and interests in property of that person are therefore no longer blocked pursuant to section 1 of this order. Sec. 11. Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses, or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under 31 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or pursuant to this order. Sec. 12. Sections 1 through 7 of Executive Order 13047 are hereby revoked to the extent they are inconsistent with this order. All delegations, rules, regulations, orders, licenses, and other forms of administrative action made, issued, or otherwise taken under Executive Order 13047, not inconsistent with section 3 of this order and not revoked administratively, shall remain in full force and effect under this order until amended, modified, or termi- nated by proper authority. The revocation of any provision of Executive Order 13047 pursuant to this section shall not affect any violation of any rules, regulations, orders, licenses, or other forms of administrative action under that order during the period that such provision of that order was in effect. Sec. 13. All provisions of this order other than section 3 shall not apply to any activity, or any transaction incident to an activity, undertaken pursuant to an agreement, or pursuant to the exercise of rights under such an agree- ment, that was entered into by a United States person with the Government of Burma or a nongovernmental entity in Burma prior to 12:01 a.m. eastern daylight time on May 21, 1997. Sec. 14. 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, instrumental- ities, or entities, its officers or employees, or any other person. Sec. 15. This order is effective on 12:01 a.m. eastern daylight time on July 29, 2003. Sec. 16. This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, July 28, 2003. Billing code 3195–01–P VerDate jul<14>2003 16:55 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\30JYE1.SGM 30JYE1 44856 Federal Register / Vol. 68, No. 146 / Wednesday, July 30, 2003 / Presidential Documents Annex The State Peace and Development Council of Burma Myanma Foreign Trade Bank (a.k.a. Myanmar Foreign Trade Bank) Myanma Investment and Commercial Bank (a.k.a. MICB; a.k.a. Myanmar Investment and Commercial Bank) Myanma Economic Bank (a.k.a. Myanmar Economic Bank) [FR Doc. 03–19573 Filed 7–29–03; 8:57 am] Billing code 3110–01–M VerDate jul<14>2003 16:55 Jul 29, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\30JYE1.SGM 30JYE1

Blocking Property of the Government of Burma and Prohibiting Certain Transactions

2003-07-28T00:00:00

67e3ebf2b30bd56c4ab460adaf6d8a0aca5b51fcd0153b4dea9c7f6a9330eb45

Presidential Executive Order

03-16102 (13308)

Presidential Documents 37691 Federal Register Vol. 68, No. 121 Tuesday, June 24, 2003 Title 3— The President Executive Order 13308 of June 20, 2003 Further Amendment to Executive Order 12580, as Amended, Superfund Implementation By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 115 of the Com- prehensive Environmental Response, Compensation, and Liability Act of 1980, as amended (42 U.S.C. 9601 et seq.) (the ‘‘Act’’), and section 301 of title 3, United States Code, Executive Order 12580 of January 23, 1987, is hereby amended as follows: Section 1. In Section 1(b)(1), the phrase ‘‘Sections 105(a), (b), (c), and (g)’’ is revised to read ‘‘Sections 105(a), (b), (c), (g) and (h)’’. Sec. 2. In Section 5, a new subsection (f) and a new subsection (g) are added to read as follows: ‘‘(f) The functions vested in the President by Section 107(o) and (p) of the Act are delegated to the heads of the Executive departments and agencies, to be exercised in consultation with the Administrator, with respect to releases or threatened releases where either the release is on or the sole source of the release is from any facility under the jurisdiction, custody, or control of those departments and agencies. (g) Subject to subsection (f) of this Section, the functions vested in the President by Section 107(o) and (p) of the Act are delegated to the Adminis- trator except that, with respect to determinations regarding natural resource restoration, the Administrator shall make such determinations in consulta- tion with the appropriate Federal natural resource trustee.’’ Sec. 3. New Sections 12, 13, and 14 are added to read as follows: ‘‘Sec. 12. Brownfields. (a) The functions vested in the President by Sections 101(39) and (41) and 104(k) of the Act are delegated to the Administrator. (b) The functions vested in the President by Section 128(b)(1)(B)(ii) of the Act are delegated to the heads of the Executive departments and agencies, to be exercised in consultation with the Administrator, with respect to property subject to their jurisdiction, custody, or control. (c) The functions vested in the President by Section 128(b)(1)(E) of the Act are delegated to the heads of Executive departments and agencies in cases where they have acted under subsection (b) of this Section. (d) Subject to subsections (b) and (c) of this Section, the functions vested in the President by Section 128 of the Act are delegated to the Adminis- trator. ‘‘Sec. 13. Preservation of Authorities. 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. VerDate Jan<31>2003 16:43 Jun 23, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24JNE0.SGM 24JNE0 37692 Federal Register / Vol. 68, No. 121 / Tuesday, June 24, 2003 / Presidential Documents ‘‘Sec. 14. General Provision. 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 equity by a party against the United States, its departments, agencies, instrumen- talities, or entities, its officers or employees, or any other person.’’ W THE WHITE HOUSE, June 20, 2003. [FR Doc. 03–16102 Filed 6–23–03; 8:45 am] Billing code 3195–01–P VerDate Jan<31>2003 16:43 Jun 23, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\24JNE0.SGM 24JNE0

Further Amendment to Executive Order 12580, as Amended, Superfund Implementation

2003-06-20T00:00:00

20004a77e992799e21feb18d5ba8587c77bef919ee21188f2b5d6682a1b289a6

Presidential Executive Order

03-14117 (13307)

Presidential Documents 33338 Federal Register / Vol. 68, No. 106 / Tuesday, June 3, 2003 / Presidential Documents Executive Order 13307 of May 29, 2003 European Central Bank By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 1 and 15 of the International Organizations Immunities Act (22 U.S.C. 288 and 288f–5), I hereby extend to the European Central Bank the privileges, exemptions, and immunities provided to public international organizations designated by the President under the International Organizations Immunities Act. This extension of such privileges, exemptions, and immunities is not in- tended to abridge in any respect privileges, exemptions, or immunities that the European Central Bank otherwise may have acquired or may acquire by international agreements or by law. W THE WHITE HOUSE, May 29, 2003. [FR Doc. 03–14117 Filed 6–2–03; 9:30 am] Billing code 3195–01–P VerDate Jan<31>2003 21:37 Jun 02, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\03JNE1.SGM 03JNE1

European Central Bank

2003-05-29T00:00:00

e866fc3a763255cd6bfef5db46aebc846e1b42bc87415ee1edfc98270d2a86eb

Presidential Executive Order

03-13750 (13305)

Presidential Documents 32323 Federal Register Vol. 68, No. 104 Friday, May 30, 2003 Title 3— The President Executive Order 13305 of May 28, 2003 Extension of the President’s Information Technology Advisory Committee and the President’s Council of Advisors on Science and Technology By the authority vested in me as President by the Constitution and the laws of the United States of America, including the High-Performance Com- puting Act of 1991 (Public Law 102–194), as amended by the Next Generation Internet Research Act of 1998 (Public Law 105–305), and in order to extend the life of the President’s Information Technology Advisory Committee and the President’s Council of Advisors on Science and Technology so that they may continue to carry out their responsibilities, it is hereby ordered as follows: 1. That section 4(b) of Executive Order 13035, as amended, is further amend- ed by deleting ‘‘June 1, 2003,’’ and inserting in lieu thereof ‘‘June 1, 2005,’’. 2. That section 4(b) of Executive Order 13226 is amended by deleting ‘‘2 years from the date of this order,’’ and inserting in lieu thereof ‘‘September 30, 2005,’’. W THE WHITE HOUSE, May 28, 2003. [FR Doc. 03–13750 Filed 5–29–03; 8:45 am] Billing code 3195–01–P VerDate Jan<31>2003 09:19 May 29, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\30MYE0.SGM 30MYE0

Extension of the President's Information Technology Advisory Committee and the President's Council of Advisors on Science and Technology

2003-05-28T00:00:00

11a3858f6e05f297033d04699ae3771b4003c28092d0a11e7a5dca710846bc8c

Presidential Executive Order

03-13412 (13303)

Presidential Documents 31931 Federal Register Vol. 68, No. 102 Wednesday, May 28, 2003 Title 3— The President Executive Order 13303 of May 22, 2003 Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest 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, find that 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 whatso- ever arising from or related to the sale or marketing thereof, and interests therein, obstructs 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. This situation constitutes an unusual and extraordinary threat to the national security and foreign policy of the United States and I hereby declare a national emergency to deal with that threat. I hereby order: Section 1. 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: (a) the Development Fund for Iraq, and (b) all Iraqi petroleum and petroleum products, and interests therein, and proceeds, obligations, or any financial instruments of any nature whatso- ever 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. Sec. 2. (a) As of the effective date of this order, Executive Order 12722 of August 2, 1990, Executive Order 12724 of August 9, 1990, and Executive Order 13290 of March 20, 2003, shall not apply to the property and interests in property described in section 1 of this order. (b) Nothing in this order is intended to affect the continued effectiveness of any rules, regulations, orders, licenses or other forms of administrative action issued, taken, or continued in effect heretofore or hereafter under Executive Orders 12722, 12724, or 13290, or under the authority of IEEPA or the UNPA, except as hereafter terminated, modified, or suspended by the issuing Federal agency and except as provided in section 2(a) of this order. Sec. 3. For the purposes of this order: (a) The term ‘‘person’’ means an individual or entity; (b) The term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (c) The term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United VerDate Jan<31>2003 18:58 May 27, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28MYE0.SGM 28MYE0 31932 Federal Register / Vol. 68, No. 102 / Wednesday, May 28, 2003 / Presidential Documents States or any jurisdiction within the United States (including foreign branches), or any person in the United States; (d) The term ‘‘Iraqi petroleum and petroleum products’’ means any petro- leum, petroleum products, or natural gas originating in Iraq, including any Iraqi-origin oil inventories, wherever located; and (e) The term ‘‘Development Fund for Iraq’’ means the fund established on or about May 22, 2003, on the books of the Central Bank of Iraq, by the Administrator of the Coalition Provisional Authority responsible for the temporary governance of Iraq and all accounts held for the fund or for the Central Bank of Iraq in the name of the fund. Sec. 4. (a) The Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA 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. All agencies of the United States Govern- ment are hereby directed to take all appropriate measures within their statu- tory authority to carry out the provisions of this order. (b) Nothing contained in this order shall relieve a person from any require- ment to obtain a license or other authorization in compliance with applicable laws and regulations. Sec. 5. 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. 6. This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, May 22, 2003. [FR Doc. 03–13412 Filed 5–23–03; 11:28 am] Billing code 3195–01–P VerDate Jan<31>2003 18:58 May 27, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28MYE0.SGM 28MYE0

Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq Has an Interest

2003-05-22T00:00:00

20128205d209f55786906c2ad033986282db15cef08ee209583b952d27b60b03

Presidential Executive Order

03-12766 (13302)

Presidential Documents 27429 Federal Register / Vol. 68, No. 97 / Tuesday, May 20, 2003 / Presidential Documents Executive Order 13302 of May 15, 2003 Amending Executive Order 13212, Actions to Expedite Energy-Related Projects By the authority vested in me as President by the Constitution and the laws of the United States, including section 60133 of title 49, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Amendments to Executive Order 13212. Executive Order 13212 of May 18, 2001, as amended, is further amended by: (a) in section 1, immediately before the period at the end of the section, inserting ‘‘and projects that will strengthen pipeline safety’’; (b) in section 2, after ‘‘energy-related projects’’ inserting ‘‘(including pipe- line safety projects)’’; and (c) revising section 3 to read as follows: ‘‘Sec. 3. Interagency Task Force. (a) There is established, within the Depart- ment of Energy for administrative purposes, an interagency task force (Task Force) to perform the following functions: (i) monitor and assist the agencies in their efforts to expedite their reviews of permits or similar actions, as necessary, to accelerate the completion of energy-related projects (including pipeline safety projects), increase energy production and con- servation, and improve the transmission of energy; (ii) monitor and assist agencies in setting up appropriate mechanisms to coordinate Federal, State, tribal, and local permitting in geographic areas where increased permitting activity is expected; and (iii) perform the functions of the interagency committee for which section 60133 of title 49, United States Code, provides. (b)(i) The Task Force shall consist exclusively of the following members: (A) in the performance of all Task Force functions set out in sections 3(a)(i) and (ii) of this order, the Secretaries of State, the Treasury, Defense, Agriculture, Housing and Urban Development, Commerce, Transportation, the Interior, Labor, Education, Health and Human Services, Energy, and Veterans Affairs, the Attorney General, the Administrator of the Environ- mental Protection Agency, the Director of Central Intelligence, the Adminis- trator of General Services, the Director of the Office of Management and Budget, the Chairman of the Council of Economic Advisers, the Assistant to the President for Domestic Policy, the Assistant to the President for Economic Policy, and such other heads of agencies as the Chairman of the Council on Environmental Quality may designate; and (B) in the performance of the functions to which section 3(a)(iii) of this order refers, the officers listed in section 60133(a)(2)(A)-(H) of title 49, United States Code, and such other representatives of Federal agencies with responsibilities relating to pipeline repair projects as the Chairman of the Council on Environmental Quality may designate. (ii) A member of the Task Force may designate, to perform the Task Force functions of the member, a full-time officer or employee of that member’s agency or office. (c) The Chairman of the Council on Environmental Quality shall chair the Task Force. VerDate Jan<31>2003 19:52 May 19, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0 27430 Federal Register / Vol. 68, No. 97 / Tuesday, May 20, 2003 / Presidential Documents (d) Consultation in the implementation of this order with State and local officials and other persons who are not full-time or permanent part- time employees of the Federal Government shall be conducted in a manner that elicits fully the individual views of each official or other person consulted, without deliberations or efforts to achieve consensus on advice or recommendations. (e) This order shall be implemented in a manner consistent with the President’s constitutional authority to supervise the unitary executive branch.’’ Sec. 2. 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 or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumen- talities or entities, its officers or employees, or any other person. W THE WHITE HOUSE, Washington, May 15, 2003. [FR Doc. 03–12766 Filed 5–19–03; 8:45 am] Billing code 3195–01–P VerDate Jan<31>2003 19:52 May 19, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\20MYE0.SGM 20MYE0

Amending Executive Order 13212, Actions to Expedite Energy-Related Projects

2003-05-15T00:00:00

da73365bad7d5a6e987038d584c946e339d8c092d88a690010f01c6e3bcf0e4e

Presidential Executive Order

03-14116 (13306)

Presidential Documents 33337 Federal Register Vol. 68, No. 106 Tuesday, June 3, 2003 Title 3— The President Executive Order 13306 of May 28, 2003 Establishing the Bob Hope American Patriot Award By the authority vested in me as President and as Commander in Chief by the Constitution and the laws of the United States of America, it is ordered as follows: Section 1. Establishment of the Award. In order to encourage love of country, service to the people of the United States, and support for our Armed Forces, and in order to recognize the unique and lifelong service of Bob Hope to the United States Armed Forces and to the Nation through his unwavering patriotism and dedication to maintaining the morale of the troops he entertained for nearly six decades, and on the occasion of his 100th birthday, there is hereby established the Bob Hope American Patriot Award (Award). Sec. 2. Granting and Presentation of the Award. (a) The Award may be granted by the President, in his sole discretion, to any civilian individual who has demonstrated extraordinary love of coun- try and devotion to the personnel of the United States Armed Forces, in the form of true patriotism. The Award may also be granted by the President to an organization that meets the same criteria. (b) Other than in exceptional circumstances, no more than one Award may be granted in any given year. (c) The presentation of the Award may take place at any time during the year. (d) Subject to the provisions of this order, the Award may be conferred posthumously. W THE WHITE HOUSE, May 28, 2003. [FR Doc. 03–14116 Filed 6–2–03; 9:30 am] Billing code 3195–01–P VerDate Jan<31>2003 21:36 Jun 02, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03JNE0.SGM 03JNE0

Establishing the Bob Hope American Patriot Award

2003-05-28T00:00:00

d2fd26ca14216527f0e2674fcb439b03c0e2ff2b764419ef2c563467e2a7fb70

Presidential Executive Order

03-12661 (13301)

Presidential Documents 26981 Federal Register Vol. 68, No. 96 Monday, May 19, 2003 Title 3— The President Executive Order 13301 of May 14, 2003 Increasing the Number of Members on the Intelligence Over- sight Board By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that Executive Order 12863 of September 13, 1993, as amended by Executive Order 13070 of December 16, 1997, is further amended by deleting the word ‘‘four’’ from the first sentence of section 2.1 and inserting in its place the word ‘‘five’’. W THE WHITE HOUSE, May 14, 2003. [FR Doc. 03–12661 Filed 5–16–03; 8:45 am] Billing code 3195–01–P VerDate Jan<31>2003 08:30 May 16, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\19MYE0.SGM 19MYE0

Increasing the Number of Members on the Intelligence Oversight Board

2003-05-14T00:00:00

3ada482cca0dd6bbee8cb10eeda23dbdfee1a434eb1903fd312358a4f0c95007

Presidential Executive Order

03-12071 (13300)

Presidential Documents 25807 Federal Register Vol. 68, No. 92 Tuesday, May 13, 2003 Title 3— The President Executive Order 13300 of May 9, 2003 Facilitating the Administration of Justice in the Federal Courts By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote the prompt appointment of judges to the Federal courts, it is hereby ordered as follows: Section 1. Policy. The Federal courts play a central role in the American justice system. For the Federal courts to function effectively, judicial vacan- cies in those courts must be filled in a timely manner with well-qualified candidates. Sec. 2. Plan. The presidential plan announced on October 30, 2002, calls for timely consideration of judicial nominees, with the President submitting a nomination to fill a vacancy in United States courts of appeals and district courts within 180 days after the President receives notice of a vacancy or intended retirement, absent extraordinary circumstances. Sec. 3. Responsibilities. The Counsel to the President shall take all appro- priate steps to ensure that the President is in a position to make timely nominations for judicial vacancies consistent with this plan. All Federal departments and agencies shall assist, as requested and permitted by law, in the implementation of this order. Sec. 4. Reservation of Authority. Nothing in this order shall be construed to affect the authority of the President to fill vacancies under clause 3 of section 2 of article II of the Constitution. Sec. 5. Judicial Review. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any 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. W THE WHITE HOUSE, May 9, 2003. [FR Doc. 03–12071 Filed 5–12–03; 9:24 am] Billing code 3195–01–P VerDate Jan<31>2003 17:09 May 12, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\13MYE0.SGM 13MYE0

Facilitating the Administration of Justice in the Federal Courts

2003-05-09T00:00:00

bbd3546e2636ac1a629b2e31034089a5c93704bbd83e58215a2d71f353dd31c9

Presidential Executive Order

03-11969 (13299)

Presidential Documents 25477 Federal Register Vol. 68, No. 91 Monday, May 12, 2003 Title 3— The President Executive Order 13299 of May 12, 2003 Interagency Group on Insular Areas 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. Interagency Group on Insular Areas. (a) There is established, within the Department of the Interior for administrative purposes, the Inter- agency Group on Insular Areas (IGIA). The group shall consist exclusively of: (i) the heads of the executive departments; and (ii) the heads of such agencies as the Secretary of the Interior may designate. (b) The Secretary of the Interior, or the Secretary’s designee under section 1(c) of this order, shall convene and preside at the meetings of the IGIA, determine its agenda, direct its work and, as appropriate to deal with par- ticular subject matters, establish and direct subgroups of the IGIA that shall consist exclusively of members of the IGIA. (c) A member of the IGIA may designate, to perform the IGIA or IGIA subgroup functions of the member, any person who is a part of the member’s department or agency (agency) and who is either an officer of the United States appointed by the President or a member of the Senior Executive Service. Sec. 2. Functions of the IGIA. The IGIA shall: (a) provide advice on establishment or implementation of policies con- cerning American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of Northern Mariana Islands (Insular Areas) to: (i) the President, through the Office of Intergovernmental Affairs in the White House Office, in written reports, at least once each year; and (ii) the Secretary of the Interior; (b) obtain information and advice concerning Insular Areas from governors and other elected officials in the Insular Areas (including through a meeting at least once each year with such governors of the Insular Areas who may wish to attend) in a manner that seeks their individual advice and does not involve collective judgment or consensus advice or deliberation; (c) obtain information and advice concerning Insular Areas, as the IGIA determines appropriate, from representatives of entities or other individuals in a manner that seeks their individual advice and does not involve collective judgment or consensus advice or deliberation; and (d) at the request of the head of any agency who is a member of the IGIA, unless the Secretary of the Interior declines the request, promptly review and provide advice on a policy or policy implementation action affecting one of the Insular Areas proposed by that agency. Sec. 3. General Provisions. (a) The Secretary of the Interior may, as the Secretary determines appropriate, make recommendations to the President, or to the heads of agencies, regarding policy or policy implementation actions of the Federal Government affecting the Insular Areas. (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. Sec. 4. Judicial Review. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does VerDate Jan<31>2003 17:06 May 09, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\12MYE0.SGM 12MYE0 25478 Federal Register / Vol. 68, No. 91 / Monday, May 12, 2003 / Presidential Documents not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. W THE WHITE HOUSE, May 8, 2003. [FR Doc. 03–11969 Filed 5–9–03; 10:47 am] Billing code 3195–01–P VerDate Jan<31>2003 17:06 May 09, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\12MYE0.SGM 12MYE0

Interagency Group on Insular Areas

2003-05-12T00:00:00

d4aaa707adfb0e5903d79083f115763986203394b415b920e01275d69ba6d02d

Presidential Executive Order

03-10606 (13297)

Presidential Documents 22565 Federal Register Vol. 68, No. 81 Monday, April 28, 2003 Title 3— The President Executive Order 13297 of April 23, 2003 Applying the Federal Physicians Comparability Allowance Amendments of 2000 to Participants in the Foreign Service Retirement and Disability System, the Foreign Service Pen- sion System, and the Central Intelligence Agency Retirement and Disability System By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 827 of the Foreign Service Act of 1980 (22 U.S.C. 4067), section 292 of the Central Intelligence Agency Retirement Act of 1964 (50 U.S.C. 2141), and section 301 of title 3, United States Code, and in order to conform the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System to the Civil Service Retirement System, it is hereby ordered as follows: Section 1. Foreign Service Retirement and Disability System. (a) The following provisions of the Federal Physicians Comparability Allowance Amendments of 2000 (Public Law 106–571) shall apply to the Foreign Service Retirement and Disability System, subchapter I of chapter 8 of the Foreign Service Act of 1980, as amended: (i) Section 3(a) of Public Law 106–571 to provide that any amount received under section 5948 of title 5, United States Code (physicians comparability allowance), be included in the definition of basic pay; and (ii) Section 3(b) of Public Law 106–571 to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Civil Service Retirement System. (b) The Secretary of State shall issue regulations that reflect the application of sections 3(a) and 3(b) of Public Law 106–571 to the Foreign Service Retirement and Disability System. Such regulations shall provide that the foregoing provisions be retroactive to December 28, 2000. Sec. 2. Foreign Service Pension System. (a) The following provisions of the Federal Physicians Comparability Allowance Amendments of 2000 (Pub- lic Law 106–571) shall apply to the Foreign Service Pension System, sub- chapter II of chapter 8 of the Foreign Service Act of 1980, as amended: (i) Section 3(a) of Public Law 106–571 to provide that any amount received under section 5948 of title 5, United States Code (physicians comparability allowance), be included in the definition of basic pay; and (ii) Section 3(c) of Public Law 106–571 to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Federal Employees Retirement System. (b) The Secretary of State shall issue regulations that reflect the application of sections 3(a) and 3(c) of Public Law 106–571 to the Foreign Service Pension System. Such regulations shall provide that the foregoing provisions be retroactive to December 28, 2000. Sec. 3. Central Intelligence Agency Retirement and Disability System. (a) The following provisions of the Federal Physicians Comparability Al- lowance Amendments of 2000 (Public Law 106–571) shall apply to the VerDate Jan<31>2003 16:55 Apr 25, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28APE0.SGM 28APE0 22566 Federal Register / Vol. 68, No. 81 / Monday, April 28, 2003 / Presidential Documents Central Intelligence Agency Retirement and Disability System, title II of the Central Intelligence Agency Retirement Act of 1964, as amended: (i) Section 3(a) of Public Law 106–571 to provide that any amount received under section 5948 of title 5, United States Code (physicians comparability allowance), be included in the definition of basic pay; and (ii) Section 3(b) of Public Law 106–571 to provide for the inclusion of the physicians comparability allowance in the computation of an annuity under the same rules that apply with respect to the Civil Service Retirement System. (b) The Director of Central Intelligence shall issue regulations to reflect the application of sections 3(a) and 3(b) of Public Law 106–571 to the Central Intelligence Agency Retirement and Disability System. Such regula- tions shall provide that the foregoing provisions be retroactive to December 28, 2000. Sec. 4. Judicial Review. This order is not intended to create, nor does it create any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, its officers, employ- ees, or any other person. W THE WHITE HOUSE, April 23, 2003. [FR Doc. 03–10606 Filed 4–25–03; 9:42 am] Billing code 3195–01–P VerDate Jan<31>2003 16:55 Apr 25, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28APE0.SGM 28APE0

Applying the Federal Physicians Comparability Allowance Amendments of 2000 to Participants in the Foreign Service Retirement and Disability System, the Foreign Service Pension System, and the Central Intelligence Agency Retirement and Disability System

2003-04-23T00:00:00

9105251c362a3310fbe3955608bc4a81f509eb9cc56c0f8a67340c4691caacc5

Presidential Executive Order

03-8832 (13295)

Presidential Documents 17255 Federal Register / Vol. 68, No. 68 / Wednesday, April 9, 2003 / Presidential Documents Executive Order 13295 of April 4, 2003 Revised List of Quarantinable Communicable Diseases By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 361(b) of the Public Health Service Act (42 U.S.C. 264(b)), it is hereby ordered as follows: Section 1. Based upon the recommendation of the Secretary of Health and Human Services (the ‘‘Secretary’’), in consultation with the Surgeon General, and for the purpose of specifying certain communicable diseases for regula- tions providing for the apprehension, detention, or conditional release of individuals to prevent the introduction, transmission, or spread of suspected communicable diseases, the following communicable diseases are hereby specified pursuant to section 361(b) of the Public Health Service Act: (a) Cholera; Diphtheria; infectious Tuberculosis; Plague; Smallpox; Yellow Fever; and Viral Hemorrhagic Fevers (Lassa, Marburg, Ebola, Crimean-Congo, South American, and others not yet isolated or named). (b) Severe Acute Respiratory Syndrome (SARS), which is a disease associ- ated with fever and signs and symptoms of pneumonia or other respiratory illness, is transmitted from person to person predominantly by the aerosolized or droplet route, and, if spread in the population, would have severe public health consequences. Sec. 2. The Secretary, in the Secretary’s discretion, shall determine whether a particular condition constitutes a communicable disease of the type speci- fied in section 1 of this order. Sec. 3. The functions of the President under sections 362 and 364(a) of the Public Health Service Act (42 U.S.C. 265 and 267(a)) are assigned to the Secretary. Sec. 4. This order is not intended to, and does not, create any right or benefit enforceable at law or equity by any party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. Sec. 5. Executive Order 12452 of December 22, 1983, is hereby revoked. W THE WHITE HOUSE, April 4, 2003. [FR Doc. 03–8832 Filed 4–9–03; 8:45 am] Billing code 3195–01–P VerDate Jan<31>2003 07:52 Apr 08, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\09APE0.SGM 09APE0

Revised List of Quarantinable Communicable Diseases

2003-04-04T00:00:00

fa59fecd58846c7b6035a4819a6fa766f110f0c2c183d82f8aac6bbadce4257e

Presidential Executive Order

03-11713 (13298)

Presidential Documents 24857 Federal Register Vol. 68, No. 89 Thursday, May 8, 2003 Title 3— The President Executive Order 13298 of May 6, 2003 Termination of Emergency With Respect to the Actions and Policies of Unita 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 Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participa- tion Act of 1945, as amended (22 U.S.C. 287c), and section 301 of title 3, United States Code, and in view of United Nations Security Council Resolution 1448 of December 9, 2002, 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 12865 of September 26, 1993, with respect to the actions and policies of the National Union for the Total Independence of Angola (UNITA), and that led to the steps taken in that order and in Executive Order 13069 of December 12, 1997, and Executive Order 13098 of August 18, 1998, has been significantly altered by the recent and continuing steps toward peace taken by the Government of Angola and UNITA. Accordingly, I hereby terminate the national emergency declared in Executive Order 12865, revoke Executive Orders 12865, 13069, and 13098, and order: Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination of the national emergency with respect to the actions and policies of UNITA 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 the effective date of this order, or any rights or duties that matured or penalties that were incurred prior to the effective date of this order. Sec. 2. This order in 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, or its departments, agencies, entities, officers, employees, or agents. Sec. 3. (a) This order is effective 12:01 a.m. eastern daylight time on May 7, 2003. VerDate Jan<31>2003 16:13 May 07, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\08MYE0.SGM 08MYE0 24858 Federal Register / Vol. 68, No. 89 / Thursday, May 8, 2003 / Presidential Documents (b) This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, May 6, 2003. [FR Doc. 03–11713 Filed 5–7–03; 11:14 am] Billing code 3195–01–P VerDate Jan<31>2003 16:13 May 07, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\08MYE0.SGM 08MYE0

Termination of Emergency With Respect to the Actions and Policies of Unita and Revocation of Related Executive Orders

2003-05-06T00:00:00

40ccbac0b107c57e10782c965ba859f758f1b98aeafe096810d213e99ddcaf29

Presidential Executive Order

03-8108 (13293)

Presidential Documents 15917 Federal Register Vol. 68, No. 62 Tuesday, April 1, 2003 Title 3— The President Executive Order 13293 of March 28, 2003 Amendment to Executive Order 10448, Establishing the National Defense Service Medal By the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, and in order to extend eligibility for the award of the National Defense Service Medal to members in good standing in the Selected Reserve of the Armed Forces of the United States, it is hereby ordered that Executive Order 10448 of April 22, 1953, as amended, is further amended: 1. by inserting ‘‘or service in good standing in the Selected Reserve of the Armed Forces’’ after ‘‘active military service’’ each place it appears; and 2. by striking ‘‘additional period of active duty’’ and inserting in lieu thereof ‘‘additional period.’’ Nothing in this order shall be construed to impair or otherwise affect the exercise of authority granted by Executive Order 12776 of October 8, 1991. W THE WHITE HOUSE, March 28, 2003. [FR Doc. 03–8108 Filed 3–31–03; 11:33 am] Billing code 3195–01–P VerDate Jan<31>2003 17:29 Mar 31, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01APE0.SGM 01APE0

Amendment to Executive Order 10448, Establishing the National Defense Service Medal

2003-03-28T00:00:00

56022e7b1371a7a4615979de3071796ff380f98e51ecfdd77930c15b4478bb0c

Presidential Executive Order

03-7736 (13292)

Presidential Documents 15315 Federal Register Vol. 68, No. 60 Friday, March 28, 2003 Title 3— The President Executive Order 13292 of March 25, 2003 Further Amendment to Executive Order 12958, as Amended, Classified National Security Information By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to further amend Executive Order 12958, as amended, it is hereby ordered that Executive Order 12958 is amended to read as follows: ‘‘Classified National Security Information This order prescribes a uniform system for classifying, safeguarding, and declassifying national security information, including information relating to defense against transnational terrorism. Our democratic principles require that the American people be informed of the activities of their Government. Also, our Nation’s progress depends on the free flow of information. Never- theless, throughout our history, the national defense has required that certain information be maintained in confidence in order to protect our citizens, our democratic institutions, our homeland security, and our interactions with foreign nations. Protecting information critical to our Nation’s security remains a priority. NOW, THEREFORE, 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: PART 1—ORIGINAL CLASSIFICATION Sec. 1.1. Classification Standards. (a) Information may be originally classified under the terms of this order only if all of the following conditions are met: (1) an original classification authority is classifying the information; (2) the information is owned by, produced by or for, or is under the control of the United States Government; (3) the information falls within one or more of the categories of information listed in section 1.4 of this order; and (4) the original classification authority determines that the unauthorized disclosure of the information reasonably could be expected to result in damage to the national security, which includes defense against transnational terrorism, and the original classification authority is able to identify or describe the damage. (b) Classified information shall not be declassified automatically as a result of any unauthorized disclosure of identical or similar information. (c) The unauthorized disclosure of foreign government information is pre- sumed to cause damage to the national security. Sec. 1.2. Classification Levels. (a) Information may be classified at one of the following three levels: (1) ‘‘Top Secret’’ shall be applied to information, the unauthorized disclo- sure of which reasonably could be expected to cause exceptionally grave damage to the national security that the original classification authority is able to identify or describe. (2) ‘‘Secret’’ shall be applied to information, the unauthorized disclosure of which reasonably could be expected to cause serious damage to the VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15316 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents national security that the original classification authority is able to identify or describe. (3) ‘‘Confidential’’ shall be applied to information, the unauthorized disclo- sure of which reasonably could be expected to cause damage to the national security that the original classification authority is able to identify or describe. (b) Except as otherwise provided by statute, no other terms shall be used to identify United States classified information. Sec. 1.3. Classification Authority. (a) The authority to classify information originally may be exercised only by: (1) the President and, in the performance of executive duties, the Vice President; (2) agency heads and officials designated by the President in the Federal Register; and (3) United States Government officials delegated this authority pursuant to paragraph (c) of this section. (b) Officials authorized to classify information at a specified level are also authorized to classify information at a lower level. (c) Delegation of original classification authority. (1) Delegations of original classification authority shall be limited to the minimum required to administer this order. Agency heads are responsible for ensuring that designated subordinate officials have a demonstrable and continuing need to exercise this authority. (2) ‘‘Top Secret’’ original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section. (3) ‘‘Secret’’ or ‘‘Confidential’’ original classification authority may be delegated only by the President; in the performance of executive duties, the Vice President; or an agency head or official designated pursuant to paragraph (a)(2) of this section; or the senior agency official described in section 5.4(d) of this order, provided that official has been delegated ‘‘Top Secret’’ original classification authority by the agency head. (4) Each delegation of original classification authority shall be in writing and the authority shall not be redelegated except as provided in this order. Each delegation shall identify the official by name or position title. (d) Original classification authorities must receive training in original clas- sification as provided in this order and its implementing directives. Such training must include instruction on the proper safeguarding of classified information and of the criminal, civil, and administrative sanctions that may be brought against an individual who fails to protect classified informa- tion from unauthorized disclosure. (e) Exceptional cases. When an employee, government contractor, licensee, certificate holder, or grantee of an agency who does not have original classi- fication authority originates information believed by that person to require classification, the information shall be protected in a manner consistent with this order and its implementing directives. The information shall be transmitted promptly as provided under this order or its implementing direc- tives to the agency that has appropriate subject matter interest and classifica- tion authority with respect to this information. That agency shall decide within 30 days whether to classify this information. If it is not clear which agency has classification responsibility for this information, it shall be sent to the Director of the Information Security Oversight Office. The Director shall determine the agency having primary subject matter interest and forward the information, with appropriate recommendations, to that agency for a classification determination. VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15317 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents Sec. 1.4. Classification Categories. Information shall not be considered for classification unless it concerns: (a) military plans, weapons systems, or operations; (b) foreign government information; (c) intelligence activities (including special activities), intelligence sources or methods, or cryptology; (d) foreign relations or foreign activities of the United States, including confidential sources; (e) scientific, technological, or economic matters relating to the national security, which includes defense against transnational terrorism; (f) United States Government programs for safeguarding nuclear materials or facilities; (g) vulnerabilities or capabilities of systems, installations, infrastructures, projects, plans, or protection services relating to the national security, which includes defense against transnational terrorism; or (h) weapons of mass destruction. Sec. 1.5. Duration of Classification. (a) At the time of original classification, the original classification authority shall attempt to establish a specific date or event for declassification based upon the duration of the national security sensitivity of the information. Upon reaching the date or event, the informa- tion shall be automatically declassified. The date or event shall not exceed the time frame established in paragraph (b) of this section. (b) If the original classification authority cannot determine an earlier spe- cific date or event for declassification, information shall be marked for declassification 10 years from the date of the original decision, unless the original classification authority otherwise determines that the sensitivity of the information requires that it shall be marked for declassification for up to 25 years from the date of the original decision. All information classified under this section shall be subject to section 3.3 of this order if it is contained in records of permanent historical value under title 44, United States Code. (c) An original classification authority may extend the duration of classi- fication, change the level of classification, or reclassify specific information only when the standards and procedures for classifying information under this order are followed. (d) Information marked for an indefinite duration of classification under predecessor orders, for example, marked as ‘‘Originating Agency’s Determina- tion Required,’’ or information classified under predecessor orders that con- tains no declassification instructions shall be declassified in accordance with part 3 of this order. Sec. 1.6. Identification and Markings. (a) At the time of original classification, the following shall appear on the face of each classified document, or shall be applied to other classified media in an appropriate manner: (1) one of the three classification levels defined in section 1.2 of this order; (2) the identity, by name or personal identifier and position, of the original classification authority; (3) the agency and office of origin, if not otherwise evident; (4) declassification instructions, which shall indicate one of the following: (A) the date or event for declassification, as prescribed in sec- tion 1.5(a) or section 1.5(c); (B) the date that is 10 years from the date of original classifica- tion, as prescribed in section 1.5(b); or (C) the date that is up to 25 years from the date of original classification, as prescribed in section 1.5 (b); and (5) a concise reason for classification that, at a minimum, cites the applica- ble classification categories in section 1.4 of this order. VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15318 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents (b) Specific information described in paragraph (a) of this section may be excluded if it would reveal additional classified information. (c) With respect to each classified document, the agency originating the document shall, by marking or other means, indicate which portions are classified, with the applicable classification level, and which portions are unclassified. In accordance with standards prescribed in directives issued under this order, the Director of the Information Security Oversight Office may grant waivers of this requirement. The Director shall revoke any waiver upon a finding of abuse. (d) Markings implementing the provisions of this order, including abbrevia- tions and requirements to safeguard classified working papers, shall conform to the standards prescribed in implementing directives issued pursuant to this order. (e) Foreign government information shall retain its original classification markings or shall be assigned a U.S. classification that provides a degree of protection at least equivalent to that required by the entity that furnished the information. Foreign government information retaining its original classi- fication markings need not be assigned a U.S. classification marking provided that the responsible agency determines that the foreign government markings are adequate to meet the purposes served by U.S. classification markings. (f) Information assigned a level of classification under this or predecessor orders shall be considered as classified at that level of classification despite the omission of other required markings. Whenever such information is used in the derivative classification process or is reviewed for possible declassification, holders of such information shall coordinate with an appro- priate classification authority for the application of omitted markings. (g) The classification authority shall, whenever practicable, use a classified addendum whenever classified information constitutes a small portion of an otherwise unclassified document. (h) Prior to public release, all declassified records shall be appropriately marked to reflect their declassification. Sec. 1.7. Classification Prohibitions and Limitations. (a) In no case shall information be classified in order to: (1) conceal violations of law, inefficiency, or administrative error; (2) prevent embarrassment to a person, organization, or agency; (3) restrain competition; or (4) prevent or delay the release of information that does not require protection in the interest of the national security. (b) Basic scientific research information not clearly related to the national security shall not be classified. (c) Information may be reclassified after declassification and release to the public under proper authority only in accordance with the following conditions: (1) the reclassification action is taken under the personal authority of the agency head or deputy agency head, who determines in writing that the reclassification of the information is necessary in the interest of the national security; (2) the information may be reasonably recovered; and (3) the reclassification action is reported promptly to the Director of the Information Security Oversight Office. (d) Information that has not previously been disclosed to the public under proper authority may be classified or reclassified after an agency has received a request for it under the Freedom of Information Act (5 U.S.C. 552) or the Privacy Act of 1974 (5 U.S.C. 552a), or the mandatory review provisions of section 3.5 of this order only if such classification meets the requirements of this order and is accomplished on a document-by-document basis with VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15319 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents the personal participation or under the direction of the agency head, the deputy agency head, or the senior agency official designated under section 5.4 of this order. (e) Compilations of items of information that are individually unclassified may be classified if the compiled information reveals an additional associa- tion or relationship that: (1) meets the standards for classification under this order; and (2) is not otherwise revealed in the individual items of information. As used in this order, ‘‘compilation’’ means an aggregation of pre-existing unclassified items of information. Sec. 1.8. Classification Challenges. (a) Authorized holders of information who, in good faith, believe that its classification status is improper are encouraged and expected to challenge the classification status of the informa- tion in accordance with agency procedures established under paragraph (b) of this section. (b) In accordance with implementing directives issued pursuant to this order, an agency head or senior agency official shall establish procedures under which authorized holders of information are encouraged and expected to challenge the classification of information that they believe is improperly classified or unclassified. These procedures shall ensure that: (1) individuals are not subject to retribution for bringing such actions; (2) an opportunity is provided for review by an impartial official or panel; and (3) individuals are advised of their right to appeal agency decisions to the Interagency Security Classification Appeals Panel (Panel) established by section 5.3 of this order. PART 2—DERIVATIVE CLASSIFICATION Sec. 2.1. Use of Derivative Classification. (a) Persons who only reproduce, extract, or summarize classified information, or who only apply classification markings derived from source material or as directed by a classification guide, need not possess original classification authority. (b) Persons who apply derivative classification markings shall: (1) observe and respect original classification decisions; and (2) carry forward to any newly created documents the pertinent classifica- tion markings. For information derivatively classified based on multiple sources, the derivative classifier shall carry forward: (A) the date or event for declassification that corresponds to the longest period of classification among the sources; and (B) a listing of these sources on or attached to the official file or record copy. Sec. 2.2. Classification Guides. (a) Agencies with original classification au- thority shall prepare classification guides to facilitate the proper and uniform derivative classification of information. These guides shall conform to stand- ards contained in directives issued under this order. (b) Each guide shall be approved personally and in writing by an official who: (1) has program or supervisory responsibility over the information or is the senior agency official; and (2) is authorized to classify information originally at the highest level of classification prescribed in the guide. (c) Agencies shall establish procedures to ensure that classification guides are reviewed and updated as provided in directives issued under this order. PART 3—DECLASSIFICATION AND DOWNGRADING Sec. 3.1. Authority for Declassification. (a) Information shall be declassified as soon as it no longer meets the standards for classification under this order. VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15320 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents (b) It is presumed that information that continues to meet the classification requirements under this order requires continued protection. In some excep- tional cases, however, the need to protect such information may be out- weighed by the public interest in disclosure of the information, and in these cases the information should be declassified. When such questions arise, they shall be referred to the agency head or the senior agency official. That official will determine, as an exercise of discretion, whether the public interest in disclosure outweighs the damage to the national security that might reasonably be expected from disclosure. This provision does not: (1) amplify or modify the substantive criteria or procedures for classifica- tion; or (2) create any substantive or procedural rights subject to judicial review. (c) If the Director of the Information Security Oversight Office determines that information is classified in violation of this order, the Director may require the information to be declassified by the agency that originated the classification. Any such decision by the Director may be appealed to the President through the Assistant to the President for National Security Affairs. The information shall remain classified pending a prompt decision on the appeal. (d) The provisions of this section shall also apply to agencies that, under the terms of this order, do not have original classification authority, but had such authority under predecessor orders. Sec. 3.2. Transferred Records. (a) In the case of classified records transferred in conjunction with a transfer of functions, and not merely for storage purposes, the receiving agency shall be deemed to be the originating agency for purposes of this order. (b) In the case of classified records that are not officially transferred as described in paragraph (a) of this section, but that originated in an agency that has ceased to exist and for which there is no successor agency, each agency in possession of such records shall be deemed to be the origi- nating agency for purposes of this order. Such records may be declassified or downgraded by the agency in possession after consultation with any other agency that has an interest in the subject matter of the records. (c) Classified records accessioned into the National Archives and Records Administration (National Archives) as of the effective date of this order shall be declassified or downgraded by the Archivist of the United States (Archivist) in accordance with this order, the directives issued pursuant to this order, agency declassification guides, and any existing procedural agreement between the Archivist and the relevant agency head. (d) The originating agency shall take all reasonable steps to declassify classified information contained in records determined to have permanent historical value before they are accessioned into the National Archives. However, the Archivist may require that classified records be accessioned into the National Archives when necessary to comply with the provisions of the Federal Records Act. This provision does not apply to records being transferred to the Archivist pursuant to section 2203 of title 44, United States Code, or records for which the National Archives serves as the custo- dian of the records of an agency or organization that has gone out of existence. (e) To the extent practicable, agencies shall adopt a system of records management that will facilitate the public release of documents at the time such documents are declassified pursuant to the provisions for automatic declassification in section 3.3 of this order. Sec. 3.3. Automatic Declassification. (a) Subject to paragraphs (b)–(e) of this section, on December 31, 2006, all classified records that (1) are more than 25 years old and (2) have been determined to have permanent historical value under title 44, United States Code, shall be automatically declassified whether or not the records have been reviewed. Subsequently, all classified records shall be automatically declassified on December 31 of the year VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15321 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents that is 25 years from the date of its original classification, except as provided in paragraphs (b)–(e) of this section. (b) An agency head may exempt from automatic declassification under paragraph (a) of this section specific information, the release of which could be expected to: (1) reveal the identity of a confidential human source, or a human intel- ligence source, or reveal information about the application of an intel- ligence source or method; (2) reveal information that would assist in the development or use of weapons of mass destruction; (3) reveal information that would impair U.S. cryptologic systems or activi- ties; (4) reveal information that would impair the application of state of the art technology within a U.S. weapon system; (5) reveal actual U.S. military war plans that remain in effect; (6) reveal information, including foreign government information, that would seriously and demonstrably impair relations between the United States and a foreign government, or seriously and demonstrably undermine ongoing diplomatic activities of the United States; (7) reveal information that would clearly and demonstrably impair the current ability of United States Government officials to protect the Presi- dent, Vice President, and other protectees for whom protection services, in the interest of the national security, are authorized; (8) reveal information that would seriously and demonstrably impair cur- rent national security emergency preparedness plans or reveal current vulnerabilities of systems, installations, infrastructures, or projects relating to the national security; or (9) violate a statute, treaty, or international agreement. (c) An agency head shall notify the President through the Assistant to the President for National Security Affairs of any specific file series of records for which a review or assessment has determined that the information within that file series almost invariably falls within one or more of the exemption categories listed in paragraph (b) of this section and which the agency proposes to exempt from automatic declassification. The notification shall include: (1) a description of the file series; (2) an explanation of why the information within the file series is almost invariably exempt from automatic declassification and why the information must remain classified for a longer period of time; and (3) except for the identity of a confidential human source or a human intelligence source, as provided in paragraph (b) of this section, a specific date or event for declassification of the information. The President may direct the agency head not to exempt the file series or to declassify the information within that series at an earlier date than recommended. File series exemptions previously approved by the President shall remain valid without any additional agency action. (d) At least 180 days before information is automatically declassified under this section, an agency head or senior agency official shall notify the Director of the Information Security Oversight Office, serving as Executive Secretary of the Panel, of any specific information beyond that included in a notifica- tion to the President under paragraph (c) of this section that the agency proposes to exempt from automatic declassification. The notification shall include: (1) a description of the information, either by reference to information in specific records or in the form of a declassification guide; VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15322 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents (2) an explanation of why the information is exempt from automatic declassification and must remain classified for a longer period of time; and (3) except for the identity of a confidential human source or a human intelligence source, as provided in paragraph (b) of this section, a specific date or event for declassification of the information. The Panel may direct the agency not to exempt the information or to declassify it at an earlier date than recommended. The agency head may appeal such a decision to the President through the Assistant to the President for National Security Affairs. The information will remain classified while such an appeal is pending. (e) The following provisions shall apply to the onset of automatic declas- sification: (1) Classified records within an integral file block, as defined in this order, that are otherwise subject to automatic declassification under this section shall not be automatically declassified until December 31 of the year that is 25 years from the date of the most recent record within the file block. (2) By notification to the Director of the Information Security Oversight Office, before the records are subject to automatic declassification, an agency head or senior agency official designated under section 5.4 of this order may delay automatic declassification for up to 5 additional years for classified information contained in microforms, motion pictures, audiotapes, videotapes, or comparable media that make a review for pos- sible declassification exemptions more difficult or costly. (3) By notification to the Director of the Information Security Oversight Office, before the records are subject to automatic declassification, an agency head or senior agency official designated under section 5.4 of this order may delay automatic declassification for up to 3 years for classified records that have been referred or transferred to that agency by another agency less than 3 years before automatic declassification would otherwise be required. (4) By notification to the Director of the Information Security Oversight Office, an agency head or senior agency official designated under section 5.4 of this order may delay automatic declassification for up to 3 years from the date of discovery of classified records that were inadvertently not reviewed prior to the effective date of automatic declassification. (f) Information exempted from automatic declassification under this section shall remain subject to the mandatory and systematic declassification review provisions of this order. (g) The Secretary of State shall determine when the United States should commence negotiations with the appropriate officials of a foreign government or international organization of governments to modify any treaty or inter- national agreement that requires the classification of information contained in records affected by this section for a period longer than 25 years from the date of its creation, unless the treaty or international agreement pertains to information that may otherwise remain classified beyond 25 years under this section. (h) Records containing information that originated with other agencies or the disclosure of which would affect the interests or activities of other agencies shall be referred for review to those agencies and the information of concern shall be subject to automatic declassification only by those agen- cies, consistent with the provisions of subparagraphs (e)(3) and (e)(4) of this section. Sec. 3.4. Systematic Declassification Review. (a) Each agency that has origi- nated classified information under this order or its predecessors shall estab- lish and conduct a program for systematic declassification review. This program shall apply to records of permanent historical value exempted from automatic declassification under section 3.3 of this order. Agencies VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15323 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents shall prioritize the systematic review of records based upon the degree of researcher interest and the likelihood of declassification upon review. (b) The Archivist shall conduct a systematic declassification review pro- gram for classified records: (1) accessioned into the National Archives as of the effective date of this order; (2) transferred to the Archivist pursuant to section 2203 of title 44, United States Code; and (3) for which the National Archives serves as the custodian for an agency or organization that has gone out of existence. This program shall apply to pertinent records no later than 25 years from the date of their creation. The Archivist shall establish priorities for the systematic review of these records based upon the degree of researcher interest and the likelihood of declassification upon review. These records shall be reviewed in accordance with the standards of this order, its implementing directives, and declassification guides pro- vided to the Archivist by each agency that originated the records. The Director of the Information Security Oversight Office shall ensure that agen- cies provide the Archivist with adequate and current declassification guides. (c) After consultation with affected agencies, the Secretary of Defense may establish special procedures for systematic review for declassification of classified cryptologic information, and the Director of Central Intelligence may establish special procedures for systematic review for declassification of classified information pertaining to intelligence activities (including spe- cial activities), or intelligence sources or methods. Sec. 3.5. Mandatory Declassification Review. (a) Except as provided in para- graph (b) of this section, all information classified under this order or predecessor orders shall be subject to a review for declassification by the originating agency if: (1) the request for a review describes the document or material containing the information with sufficient specificity to enable the agency to locate it with a reasonable amount of effort; (2) the information is not exempted from search and review under sections 105C, 105D, or 701 of the National Security Act of 1947 (50 U.S.C. 403– 5c, 403–5e, and 431); and (3) the information has not been reviewed for declassification within the past 2 years. If the agency has reviewed the information within the past 2 years, or the information is the subject of pending litigation, the agency shall inform the requester of this fact and of the requester’s appeal rights. (b) Information originated by: (1) the incumbent President or, in the performance of executive duties, the incumbent Vice President; (2) the incumbent President’s White House Staff or, in the performance of executive duties, the incumbent Vice President’s Staff; (3) committees, commissions, or boards appointed by the incumbent Presi- dent; or (4) other entities within the Executive Office of the President that solely advise and assist the incumbent President is exempted from the provisions of paragraph (a) of this section. However, the Archivist shall have the authority to review, downgrade, and declassify papers or records of former Presidents under the control of the Archivist pursuant to sections 2107, 2111, 2111 note, or 2203 of title 44, United States Code. Review procedures developed by the Archivist shall provide for consultation with agencies having primary subject matter interest and shall be consistent with the provisions of applicable laws or lawful agreements that pertain to the respective Presidential papers or records. Agencies with primary subject matter interest shall be notified promptly of the Archivist’s decision. Any final decision by the Archivist may be appealed by the requester or an agency to the Panel. The information shall remain classified pending a prompt decision on the appeal. (c) Agencies conducting a mandatory review for declassification shall de- classify information that no longer meets the standards for classification VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15324 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents under this order. They shall release this information unless withholding is otherwise authorized and warranted under applicable law. (d) In accordance with directives issued pursuant to this order, agency heads shall develop procedures to process requests for the mandatory review of classified information. These procedures shall apply to information classi- fied under this or predecessor orders. They also shall provide a means for administratively appealing a denial of a mandatory review request, and for notifying the requester of the right to appeal a final agency decision to the Panel. (e) After consultation with affected agencies, the Secretary of Defense shall develop special procedures for the review of cryptologic information; the Director of Central Intelligence shall develop special procedures for the review of information pertaining to intelligence activities (including special activities), or intelligence sources or methods; and the Archivist shall develop special procedures for the review of information accessioned into the National Archives. Sec. 3.6. Processing Requests and Reviews. In response to a request for information under the Freedom of Information Act, the Privacy Act of 1974, or the mandatory review provisions of this order, or pursuant to the automatic declassification or systematic review provisions of this order: (a) An agency may refuse to confirm or deny the existence or nonexistence of requested records whenever the fact of their existence or nonexistence is itself classified under this order or its predecessors. (b) When an agency receives any request for documents in its custody that contain information that was originally classified by another agency, or comes across such documents in the process of the automatic declassifica- tion or systematic review provisions of this order, it shall refer copies of any request and the pertinent documents to the originating agency for processing, and may, after consultation with the originating agency, inform any requester of the referral unless such association is itself classified under this order or its predecessors. In cases in which the originating agency determines in writing that a response under paragraph (a) of this section is required, the referring agency shall respond to the requester in accordance with that paragraph. Sec. 3.7. Declassification Database. (a) The Director of the Information Secu- rity Oversight Office, in conjunction with those agencies that originate classi- fied information, shall coordinate the linkage and effective utilization of existing agency databases of records that have been declassified and publicly released. (b) Agency heads shall fully cooperate with the Director of the Information Security Oversight Office in these efforts. PART 4—SAFEGUARDING Sec. 4.1. General Restrictions on Access. (a) A person may have access to classified information provided that: (1) a favorable determination of eligibility for access has been made by an agency head or the agency head’s designee; (2) the person has signed an approved nondisclosure agreement; and (3) the person has a need-to-know the information. (b) Every person who has met the standards for access to classified informa- tion in paragraph (a) of this section shall receive contemporaneous training on the proper safeguarding of classified information and on the criminal, civil, and administrative sanctions that may be imposed on an individual who fails to protect classified information from unauthorized disclosure. (c) Classified information shall remain under the control of the originating agency or its successor in function. An agency shall not disclose information originally classified by another agency without its authorization. An official or employee leaving agency service may not remove classified information from the agency’s control. VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15325 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents (d) Classified information may not be removed from official premises without proper authorization. (e) Persons authorized to disseminate classified information outside the executive branch shall ensure the protection of the information in a manner equivalent to that provided within the executive branch. (f) Consistent with law, directives, and regulation, an agency head or senior agency official shall establish uniform procedures to ensure that auto- mated information systems, including networks and telecommunications sys- tems, that collect, create, communicate, compute, disseminate, process, or store classified information have controls that: (1) prevent access by unauthorized persons; and (2) ensure the integrity of the information. (g) Consistent with law, directives, and regulation, each agency head or senior agency official shall establish controls to ensure that classified informa- tion is used, processed, stored, reproduced, transmitted, and destroyed under conditions that provide adequate protection and prevent access by unauthor- ized persons. (h) Consistent with directives issued pursuant to this order, an agency shall safeguard foreign government information under standards that provide a degree of protection at least equivalent to that required by the government or international organization of governments that furnished the information. When adequate to achieve equivalency, these standards may be less restrictive than the safeguarding standards that ordinarily apply to United States ‘‘Con- fidential’’ information, including modified handling and transmission and allowing access to individuals with a need-to-know who have not otherwise been cleared for access to classified information or executed an approved nondisclosure agreement. (i) Except as otherwise provided by statute, this order, directives imple- menting this order, or by direction of the President, classified information originating in one agency shall not be disseminated outside any other agency to which it has been made available without the consent of the originating agency. An agency head or senior agency official may waive this requirement for specific information originated within that agency. For purposes of this section, the Department of Defense shall be considered one agency. Prior consent is not required when referring records for declassification review that contain information originating in several agencies. Sec. 4.2. Distribution Controls. (a) Each agency shall establish controls over the distribution of classified information to ensure that it is distributed only to organizations or individuals eligible for access and with a need- to-know the information. (b) In an emergency, when necessary to respond to an imminent threat to life or in defense of the homeland, the agency head or any designee may authorize the disclosure of classified information to an individual or individuals who are otherwise not eligible for access. Such actions shall be taken only in accordance with the directives implementing this order and any procedures issued by agencies governing the classified information, which shall be designed to minimize the classified information that is dis- closed under these circumstances and the number of individuals who receive it. Information disclosed under this provision or implementing directives and procedures shall not be deemed declassified as a result of such disclosure or subsequent use by a recipient. Such disclosures shall be reported promptly to the originator of the classified information. For purposes of this section, the Director of Central Intelligence may issue an implementing directive governing the emergency disclosure of classified intelligence information. (c) Each agency shall update, at least annually, the automatic, routine, or recurring distribution of classified information that they distribute. Recipi- ents shall cooperate fully with distributors who are updating distribution lists and shall notify distributors whenever a relevant change in status occurs. VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15326 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents Sec. 4.3. Special Access Programs. (a) Establishment of special access pro- grams. Unless otherwise authorized by the President, only the Secretaries of State, Defense, and Energy, and the Director of Central Intelligence, or the principal deputy of each, may create a special access program. For special access programs pertaining to intelligence activities (including special activities, but not including military operational, strategic, and tactical pro- grams), or intelligence sources or methods, this function shall be exercised by the Director of Central Intelligence. These officials shall keep the number of these programs at an absolute minimum, and shall establish them only when the program is required by statute or upon a specific finding that: (1) the vulnerability of, or threat to, specific information is exceptional; and (2) the normal criteria for determining eligibility for access applicable to information classified at the same level are not deemed sufficient to protect the information from unauthorized disclosure. (b) Requirements and limitations. (1) Special access programs shall be limited to programs in which the number of persons who will have access ordinarily will be reasonably small and commensurate with the objective of providing enhanced protection for the information involved. (2) Each agency head shall establish and maintain a system of accounting for special access programs consistent with directives issued pursuant to this order. (3) Special access programs shall be subject to the oversight program established under section 5.4(d) of this order. In addition, the Director of the Information Security Oversight Office shall be afforded access to these programs, in accordance with the security requirements of each program, in order to perform the functions assigned to the Information Security Oversight Office under this order. An agency head may limit access to a special access program to the Director and no more than one other employee of the Information Security Oversight Office, or, for special access programs that are extraordinarily sensitive and vulnerable, to the Director only. (4) The agency head or principal deputy shall review annually each special access program to determine whether it continues to meet the requirements of this order. (5) Upon request, an agency head shall brief the Assistant to the President for National Security Affairs, or a designee, on any or all of the agency’s special access programs. (c) Nothing in this order shall supersede any requirement made by or under 10 U.S.C. 119. Sec. 4.4. Access by Historical Researchers and Certain Former Government Personnel. (a) The requirement in section 4.1(a)(3) of this order that access to classified information may be granted only to individuals who have a need-to-know the information may be waived for persons who: (1) are engaged in historical research projects; (2) previously have occupied policy-making positions to which they were appointed by the President under section 105(a)(2)(A) of title 3, United States Code, or the Vice President under 106(a)(1)(A) of title 3, United States Code; or (3) served as President or Vice President. (b) Waivers under this section may be granted only if the agency head or senior agency official of the originating agency: (1) determines in writing that access is consistent with the interest of the national security; (2) takes appropriate steps to protect classified information from unauthor- ized disclosure or compromise, and ensures that the information is safe- guarded in a manner consistent with this order; and VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15327 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents (3) limits the access granted to former Presidential appointees and Vice Presidential appointees to items that the person originated, reviewed, signed, or received while serving as a Presidential appointee or a Vice Presidential appointee. PART 5—IMPLEMENTATION AND REVIEW Sec. 5.1. Program Direction. (a) The Director of the Information Security Oversight Office, under the direction of the Archivist and in consultation with the Assistant to the President for National Security Affairs, shall issue such directives as are necessary to implement this order. These directives shall be binding upon the agencies. Directives issued by the Director of the Information Security Oversight Office shall establish standards for: (1) classification and marking principles; (2) safeguarding classified information, which shall pertain to the handling, storage, distribution, transmittal, and destruction of and accounting for classified information; (3) agency security education and training programs; (4) agency self-inspection programs; and (5) classification and declassification guides. (b) The Archivist shall delegate the implementation and monitoring func- tions of this program to the Director of the Information Security Oversight Office. Sec. 5.2. Information Security Oversight Office. (a) There is established within the National Archives an Information Security Oversight Office. The Archivist shall appoint the Director of the Information Security Oversight Office, sub- ject to the approval of the President. (b) Under the direction of the Archivist, acting in consultation with the Assistant to the President for National Security Affairs, the Director of the Information Security Oversight Office shall: (1) develop directives for the implementation of this order; (2) oversee agency actions to ensure compliance with this order and its implementing directives; (3) review and approve agency implementing regulations and agency guides for systematic declassification review prior to their issuance by the agency; (4) have the authority to conduct on-site reviews of each agency’s program established under this order, and to require of each agency those reports, information, and other cooperation that may be necessary to fulfill its responsibilities. If granting access to specific categories of classified infor- mation would pose an exceptional national security risk, the affected agency head or the senior agency official shall submit a written justification recommending the denial of access to the President through the Assistant to the President for National Security Affairs within 60 days of the request for access. Access shall be denied pending the response; (5) review requests for original classification authority from agencies or officials not granted original classification authority and, if deemed appro- priate, recommend Presidential approval through the Assistant to the Presi- dent for National Security Affairs; (6) consider and take action on complaints and suggestions from persons within or outside the Government with respect to the administration of the program established under this order; (7) have the authority to prescribe, after consultation with affected agencies, standardization of forms or procedures that will promote the implementa- tion of the program established under this order; (8) report at least annually to the President on the implementation of this order; and (9) convene and chair interagency meetings to discuss matters pertaining to the program established by this order. VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15328 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents Sec. 5.3. Interagency Security Classification Appeals Panel. (a) Establishment and administration. (1) There is established an Interagency Security Classification Appeals Panel. The Departments of State, Defense, and Justice, the Central Intel- ligence Agency, the National Archives, and the Assistant to the President for National Security Affairs shall each be represented by a senior-level representative who is a full-time or permanent part-time Federal officer or employee designated to serve as a member of the Panel by the respective agency head. The President shall select the Chair of the Panel from among the Panel members. (2) A vacancy on the Panel shall be filled as quickly as possible as provided in paragraph (a)(1) of this section. (3) The Director of the Information Security Oversight Office shall serve as the Executive Secretary. The staff of the Information Security Oversight Office shall provide program and administrative support for the Panel. (4) The members and staff of the Panel shall be required to meet eligibility for access standards in order to fulfill the Panel’s functions. (5) The Panel shall meet at the call of the Chair. The Chair shall schedule meetings as may be necessary for the Panel to fulfill its functions in a timely manner. (6) The Information Security Oversight Office shall include in its reports to the President a summary of the Panel’s activities. (b) Functions. The Panel shall: (1) decide on appeals by persons who have filed classification challenges under section 1.8 of this order; (2) approve, deny, or amend agency exemptions from automatic declas- sification as provided in section 3.3 of this order; and (3) decide on appeals by persons or entities who have filed requests for mandatory declassification review under section 3.5 of this order. (c) Rules and procedures. The Panel shall issue bylaws, which shall be published in the Federal Register. The bylaws shall establish the rules and procedures that the Panel will follow in accepting, considering, and issuing decisions on appeals. The rules and procedures of the Panel shall provide that the Panel will consider appeals only on actions in which: (1) the appellant has exhausted his or her administrative remedies within the responsible agency; (2) there is no current action pending on the issue within the Federal courts; and (3) the information has not been the subject of review by the Federal courts or the Panel within the past 2 years. (d) Agency heads shall cooperate fully with the Panel so that it can fulfill its functions in a timely and fully informed manner. An agency head may appeal a decision of the Panel to the President through the Assistant to the President for National Security Affairs. The Panel shall report to the President through the Assistant to the President for National Security Affairs any instance in which it believes that an agency head is not cooperating fully with the Panel. (e) The Panel is established for the sole purpose of advising and assisting the President in the discharge of his constitutional and discretionary authority to protect the national security of the United States. Panel decisions are committed to the discretion of the Panel, unless changed by the President. (f) Notwithstanding paragraphs (a) through (e) of this section, whenever the Panel reaches a conclusion that information owned or controlled by the Director of Central Intelligence (Director) should be declassified, and the Director notifies the Panel that he objects to its conclusion because he has determined that the information could reasonably be expected to VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15329 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents cause damage to the national security and to reveal (1) the identity of a human intelligence source, or (2) information about the application of an intelligence source or method (including any information that concerns, or is provided as a result of, a relationship with a cooperating intelligence element of a foreign government), the information shall remain classified unless the Director’s determination is appealed to the President, and the President reverses the determination. Sec. 5.4. General Responsibilities. Heads of agencies that originate or handle classified information shall: (a) demonstrate personal commitment and commit senior management to the successful implementation of the program established under this order; (b) commit necessary resources to the effective implementation of the program established under this order; (c) ensure that agency records systems are designed and maintained to optimize the safeguarding of classified information, and to facilitate its declas- sification under the terms of this order when it no longer meets the standards for continued classification; and (d) designate a senior agency official to direct and administer the program, whose responsibilities shall include: (1) overseeing the agency’s program established under this order, provided, an agency head may designate a separate official to oversee special access programs authorized under this order. This official shall provide a full accounting of the agency’s special access programs at least annually; (2) promulgating implementing regulations, which shall be published in the Federal Register to the extent that they affect members of the public; (3) establishing and maintaining security education and training programs; (4) establishing and maintaining an ongoing self-inspection program, which shall include the periodic review and assessment of the agency’s classified product; (5) establishing procedures to prevent unnecessary access to classified information, including procedures that: (A) require that a need for access to classified information is es- tablished before initiating administrative clearance proce- dures; and (B) ensure that the number of persons granted access to classi- fied information is limited to the minimum consistent with operational and security requirements and needs; (6) developing special contingency plans for the safeguarding of classified information used in or near hostile or potentially hostile areas; (7) ensuring that the performance contract or other system used to rate civilian or military personnel performance includes the management of classified information as a critical element or item to be evaluated in the rating of: (A) original classification authorities; (B) security managers or security specialists; and (C) all other personnel whose duties significantly involve the creation or handling of classified information; (8) accounting for the costs associated with the implementation of this order, which shall be reported to the Director of the Information Security Oversight Office for publication; and (9) assigning in a prompt manner agency personnel to respond to any request, appeal, challenge, complaint, or suggestion arising out of this order that pertains to classified information that originated in a component of the agency that no longer exists and for which there is no clear successor in function. Sec. 5.5. Sanctions. (a) If the Director of the Information Security Oversight Office finds that a violation of this order or its implementing directives VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15330 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents has occurred, the Director shall make a report to the head of the agency or to the senior agency official so that corrective steps, if appropriate, may be taken. (b) Officers and employees of the United States Government, and its contractors, licensees, certificate holders, and grantees shall be subject to appropriate sanctions if they knowingly, willfully, or negligently: (1) disclose to unauthorized persons information properly classified under this order or predecessor orders; (2) classify or continue the classification of information in violation of this order or any implementing directive; (3) create or continue a special access program contrary to the requirements of this order; or (4) contravene any other provision of this order or its implementing direc- tives. (c) Sanctions may include reprimand, suspension without pay, removal, termination of classification authority, loss or denial of access to classified information, or other sanctions in accordance with applicable law and agency regulation. (d) The agency head, senior agency official, or other supervisory official shall, at a minimum, promptly remove the classification authority of any individual who demonstrates reckless disregard or a pattern of error in applying the classification standards of this order. (e) The agency head or senior agency official shall: (1) take appropriate and prompt corrective action when a violation or infraction under paragraph (b) of this section occurs; and (2) notify the Director of the Information Security Oversight Office when a violation under paragraph (b)(1), (2), or (3) of this section occurs. PART 6—GENERAL PROVISIONS Sec. 6.1. Definitions. For purposes of this order: (a) ‘‘Access’’ means the ability or opportunity to gain knowledge of classi- fied information. (b) ‘‘Agency’’ means any ‘‘Executive agency,’’ as defined in 5 U.S.C. 105; any ‘‘Military department’’ as defined in 5 U.S.C. 102; and any other entity within the executive branch that comes into the possession of classified information. (c) ‘‘Automated information system’’ means an assembly of computer hard- ware, software, or firmware configured to collect, create, communicate, com- pute, disseminate, process, store, or control data or information. (d) ‘‘Automatic declassification’’ means the declassification of information based solely upon: (1) the occurrence of a specific date or event as determined by the original classification authority; or (2) the expiration of a maximum time frame for duration of classification established under this order. (e) ‘‘Classification’’ means the act or process by which information is determined to be classified information. (f) ‘‘Classification guidance’’ means any instruction or source that pre- scribes the classification of specific information. (g) ‘‘Classification guide’’ means a documentary form of classification guid- ance issued by an original classification authority that identifies the elements of information regarding a specific subject that must be classified and estab- lishes the level and duration of classification for each such element. (h) ‘‘Classified national security information’’ or ‘‘classified information’’ means information that has been determined pursuant to this order or any VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00018 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15331 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents predecessor order to require protection against unauthorized disclosure and is marked to indicate its classified status when in documentary form. (i) ‘‘Confidential source’’ means any individual or organization that has provided, or that may reasonably be expected to provide, information to the United States on matters pertaining to the national security with the expectation that the information or relationship, or both, are to be held in confidence. (j) ‘‘Damage to the national security’’ means harm to the national defense or foreign relations of the United States from the unauthorized disclosure of information, taking into consideration such aspects of the information as the sensitivity, value, utility, and provenance of that information. (k) ‘‘Declassification’’ means the authorized change in the status of informa- tion from classified information to unclassified information. (l) ‘‘Declassification authority’’ means: (1) the official who authorized the original classification, if that official is still serving in the same position; (2) the originator’s current successor in function; (3) a supervisory official of either; or (4) officials delegated declassification authority in writing by the agency head or the senior agency official. (m) ‘‘Declassification guide’’ means written instructions issued by a declas- sification authority that describes the elements of information regarding a specific subject that may be declassified and the elements that must remain classified. (n) ‘‘Derivative classification’’ means the incorporating, paraphrasing, re- stating, or generating in new form information that is already classified, and marking the newly developed material consistent with the classification markings that apply to the source information. Derivative classification in- cludes the classification of information based on classification guidance. The duplication or reproduction of existing classified information is not derivative classification. (o) ‘‘Document’’ means any recorded information, regardless of the nature of the medium or the method or circumstances of recording. (p) ‘‘Downgrading’’ means a determination by a declassification authority that information classified and safeguarded at a specified level shall be classified and safeguarded at a lower level. (q) ‘‘File series’’ means file units or documents arranged according to a filing system or kept together because they relate to a particular subject or function, result from the same activity, document a specific kind of transaction, take a particular physical form, or have some other relationship arising out of their creation, receipt, or use, such as restrictions on access or use. (r) ‘‘Foreign government information’’ means: (1) information provided to the United States Government by a foreign government or governments, an international organization of governments, or any element thereof, with the expectation that the information, the source of the information, or both, are to be held in confidence; (2) information produced by the United States Government pursuant to or as a result of a joint arrangement with a foreign government or govern- ments, or an international organization of governments, or any element thereof, requiring that the information, the arrangement, or both, are to be held in confidence; or (3) information received and treated as ‘‘foreign government information’’ under the terms of a predecessor order. (s) ‘‘Information’’ means any knowledge that can be communicated or documentary material, regardless of its physical form or characteristics, that VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00019 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15332 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents is owned by, produced by or for, or is under the control of the United States Government. ‘‘Control’’ means the authority of the agency that origi- nates information, or its successor in function, to regulate access to the information. (t) ‘‘Infraction’’ means any knowing, willful, or negligent action contrary to the requirements of this order or its implementing directives that does not constitute a ‘‘violation,’’ as defined below. (u) ‘‘Integral file block’’ means a distinct component of a file series, as defined in this section, that should be maintained as a separate unit in order to ensure the integrity of the records. An integral file block may consist of a set of records covering either a specific topic or a range of time such as presidential administration or a 5-year retirement schedule within a specific file series that is retired from active use as a group. (v) ‘‘Integrity’’ means the state that exists when information is unchanged from its source and has not been accidentally or intentionally modified, altered, or destroyed. (w) ‘‘Mandatory declassification review’’ means the review for declassifica- tion of classified information in response to a request for declassification that meets the requirements under section 3.5 of this order. (x) ‘‘Multiple sources’’ means two or more source documents, classification guides, or a combination of both. (y) ‘‘National security’’ means the national defense or foreign relations of the United States. (z) ‘‘Need-to-know’’ means a determination made by an authorized holder of classified information that a prospective recipient requires access to spe- cific classified information in order to perform or assist in a lawful and authorized governmental function. (aa) ‘‘Network’’ means a system of two or more computers that can ex- change data or information. (bb) ‘‘Original classification’’ means an initial determination that informa- tion requires, in the interest of the national security, protection against unauthorized disclosure. (cc) ‘‘Original classification authority’’ means an individual authorized in writing, either by the President, the Vice President in the performance of executive duties, or by agency heads or other officials designated by the President, to classify information in the first instance. (dd) ‘‘Records’’ means the records of an agency and Presidential papers or Presidential records, as those terms are defined in title 44, United States Code, including those created or maintained by a government contractor, licensee, certificate holder, or grantee that are subject to the sponsoring agency’s control under the terms of the contract, license, certificate, or grant. (ee) ‘‘Records having permanent historical value’’ means Presidential pa- pers or Presidential records and the records of an agency that the Archivist has determined should be maintained permanently in accordance with title 44, United States Code. (ff) ‘‘Records management’’ means the planning, controlling, directing, organizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposition in order to achieve adequate and proper documentation of the policies and transactions of the Federal Government and effective and eco- nomical management of agency operations. (gg) ‘‘Safeguarding’’ means measures and controls that are prescribed to protect classified information. (hh) ‘‘Self-inspection’’ means the internal review and evaluation of indi- vidual agency activities and the agency as a whole with respect to the VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15333 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents implementation of the program established under this order and its imple- menting directives. (ii) ‘‘Senior agency official’’ means the official designated by the agency head under section 5.4(d) of this order to direct and administer the agency’s program under which information is classified, safeguarded, and declassified. (jj) ‘‘Source document’’ means an existing document that contains classified information that is incorporated, paraphrased, restated, or generated in new form into a new document. (kk) ‘‘Special access program’’ means a program established for a specific class of classified information that imposes safeguarding and access require- ments that exceed those normally required for information at the same classification level. (ll) ‘‘Systematic declassification review’’ means the review for declassifica- tion of classified information contained in records that have been determined by the Archivist to have permanent historical value in accordance with title 44, United States Code. (mm) ‘‘Telecommunications’’ means the preparation, transmission, or com- munication of information by electronic means. (nn) ‘‘Unauthorized disclosure’’ means a communication or physical trans- fer of classified information to an unauthorized recipient. (oo) ‘‘Violation’’ means: (1) any knowing, willful, or negligent action that could reasonably be expected to result in an unauthorized disclosure of classified information; (2) any knowing, willful, or negligent action to classify or continue the classification of information contrary to the requirements of this order or its implementing directives; or (3) any knowing, willful, or negligent action to create or continue a special access program contrary to the requirements of this order. (pp) ‘‘Weapons of mass destruction’’ means chemical, biological, radio- logical, and nuclear weapons. Sec. 6.2. General Provisions. (a) Nothing in this order shall supersede any requirement made by or under the Atomic Energy Act of 1954, as amended, or the National Security Act of 1947, as amended. ‘‘Restricted Data’’ and ‘‘Formerly Restricted Data’’ shall be handled, protected, classified, down- graded, and declassified in conformity with the provisions of the Atomic Energy Act of 1954, as amended, and regulations issued under that Act. (b) The Attorney General, upon request by the head of an agency or the Director of the Information Security Oversight Office, shall render an interpretation of this order with respect to any question arising in the course of its administration. (c) Nothing in this order limits the protection afforded any information by other provisions of law, including the Constitution, Freedom of Informa- tion Act exemptions, the Privacy Act of 1974, and the National Security Act of 1947, as amended. This order is not intended to and does not create any right or benefit, substantive or procedural, enforceable at law by a party against the United States, its departments, agencies, officers, employees, or agents. The foregoing is in addition to the specific provisos set forth in sections 3.1(b) and 5.3(e) of this order.’’ (d) Executive Order 12356 of April 6, 1982, was revoked as of October 14, 1995. VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00021 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0 15334 Federal Register / Vol. 68, No. 60 / Friday, March 28, 2003 / Presidential Documents Sec. 6.3. Effective Date. This order is effective immediately, except for section 1.6, which shall become effective 180 days from the date of this order. W THE WHITE HOUSE, March 25, 2003. [FR Doc. 03–7736 Filed 3–27–03; 9:17 am] Billing code 3195–01–P VerDate Jan<31>2003 15:41 Mar 27, 2003 Jkt 200001 PO 00000 Frm 00022 Fmt 4705 Sfmt 4790 E:\FR\FM\28MRE0.SGM 28MRE0

Further Amendment to Executive Order 12958, as Amended, Classified National Security Information

2003-03-25T00:00:00

a70113579b116582c874c5ffe2d904cfa6908a6ed13e65341b4c7f84652e4240

Presidential Executive Order

03-10194 (13296)

Presidential Documents 19931 Federal Register Vol. 68, No. 78 Wednesday, April 23, 2003 Title 3— The President Executive Order 13296 of April 18, 2003 Amendments to Executive Order 13045, Protection of Chil- dren From Environmental Health Risks and Safety Risks By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to extend the Task Force on Environmental Health Risks and Safety Risks to Children, and for other purposes, it is hereby ordered that Executive Order 13045 of April 21, 1997, as amended, is further amended as follows: Section 1. Subsection 3–303(o) is amended by striking ‘‘Assistant to the President and’’. Sec. 2. Section 3–305 is amended by: (a) striking ‘‘cabinet agencies and other agencies identified’’ and inserting in lieu thereof ‘‘executive departments, the Environmental Protection Agency, and other agencies identified’’; and (b) inserting the following new language after the second sentence: ‘‘Each report shall also detail the accomplishments of the Task Force from the date of the preceding report.’’ Sec. 3. Section 3–306 is amended by: (a) striking ‘‘6 years’’ and inserting in lieu thereof ‘‘8 years’’; and (b) striking the second sentence. Sec. 4. Section 6–601, the second sentence, is amended by deleting ‘‘an annual’’ and inserting ‘‘a biennial’’ in lieu thereof. Sec. 5. Section 6–603, the third sentence, is amended by deleting ‘‘submitted annually’’ and inserting ‘‘published biennially’’ in lieu thereof. Sec. 6. Section 7 is amended by adding new section 7–703 as follows: ‘‘7–703. 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.’’ W THE WHITE HOUSE, April 18, 2003. [FR Doc. 03–10194 Filed 4–22–03; 8:45 am] Billing code 3195–01–P VerDate Jan<31>2003 16:32 Apr 22, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23APE0.SGM 23APE0

Amendments to Executive Order 13045, Protection of Children From Environmental Health Risks and Safety Risks

2003-04-18T00:00:00

49bd86f562e7e504f301d2e4d0206c85f23a951b67ced8aaae507ce584d0b832

Presidential Executive Order

03-8109 (13294)

Presidential Documents 15917 Federal Register Vol. 68, No. 62 Tuesday, April 1, 2003 Title 3— The President Executive Order 13293 of March 28, 2003 Amendment to Executive Order 10448, Establishing the National Defense Service Medal By the authority vested in me as President of the United States and as Commander in Chief of the Armed Forces of the United States, and in order to extend eligibility for the award of the National Defense Service Medal to members in good standing in the Selected Reserve of the Armed Forces of the United States, it is hereby ordered that Executive Order 10448 of April 22, 1953, as amended, is further amended: 1. by inserting ‘‘or service in good standing in the Selected Reserve of the Armed Forces’’ after ‘‘active military service’’ each place it appears; and 2. by striking ‘‘additional period of active duty’’ and inserting in lieu thereof ‘‘additional period.’’ Nothing in this order shall be construed to impair or otherwise affect the exercise of authority granted by Executive Order 12776 of October 8, 1991. W THE WHITE HOUSE, March 28, 2003. [FR Doc. 03–8108 Filed 3–31–03; 11:33 am] Billing code 3195–01–P VerDate Jan<31>2003 17:29 Mar 31, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\01APE0.SGM 01APE0 VerDate Jan<31>2003 17:29 Mar 31, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\01APE0.SGM 01APE0 Presidential Documents 15919 Federal Register / Vol. 68, No. 62 / Tuesday, April 1, 2003 / Presidential Documents Executive Order 13294 of March 28, 2003 Regulations Relating to Hazardous Duty Incentive Pay, Avia- tion Career Incentive Pay, and Submarine Duty Incentive Pay By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 301, 301a, and 301c of title 37, United States Code, and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. The Secretary of Defense, the Secretary of Commerce, the Secretary of Health and Human Services, and the Secretary of Homeland Security with respect to the Coast Guard when it is not operating as a service in the Navy, with respect to members of the uniformed services under their respective jurisdictions, are hereby designated and empowered to exer- cise, without approval, ratification, or other action by the President, the authority vested in the President by sections 301, 301a, and 301c of title 37, United States Code. The Secretaries shall consult each other in the exercise of such authority to ensure similar treatment for similarly situated members of the uniformed services unless the needs of their respective uniformed services require differing treatment. Sec. 2. Executive Order 11157 of June 22, 1964, as amended, and Executive Order 11800 of August 17, 1974, as amended, are hereby revoked. Sec. 3. This order is not intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees, or any other person. W THE WHITE HOUSE, March 28, 2003. [FR Doc. 03–8109 Filed 3–31–03; 11:33 am] Billing code 3195–01–P VerDate Jan<31>2003 17:29 Mar 31, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4790 Sfmt 4790 E:\FR\FM\01APE0.SGM 01APE0

Regulations Relating to Hazardous Duty Incentive Pay, Aviation Career Incentive Pay, and Submarine Duty Incentive Pay

2003-03-28T00:00:00

3324f134bf359a8564a0bba47232dfb42aa07af021873b89e8e9a250ef767204

Presidential Executive Order

03-7313 (13291)

Presidential Documents 14525 Federal Register Vol. 68, No. 57 Tuesday, March 25, 2003 Title 3— The President Executive Order 13291 of March 21, 2003 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, it is hereby ordered that Executive Order 13282 of December 31, 2002, is amended as follows: Section 1. Section 3(c) of Executive Order 13282 is amended to read as follows: ‘‘(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 108–6) at Schedule 7.’’. Sec. 2. Section 5(a) of Executive Order 13282 is amended to read as follows: ‘‘(a) Pursuant to section 5304 of title 5, United States Code, and in accord- ance with section 637 of Division J of Public Law 108–7, locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof.’’. Sec. 3. Executive Order 13282 is amended by striking Schedules 7 and 9 attached thereto and inserting Schedules 7 and 9 attached hereto and made a part hereof. Sec. 4. The amendments made by this order are effective on the first day of the first applicable pay period beginning on or after January 1, 2003. W THE WHITE HOUSE, March 21, 2003. Billing code 3195–01–P VerDate Jan<31>2003 18:18 Mar 24, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\25MRE0.SGM 25MRE0 14526 Federal Register / Vol. 68, No. 57 / Tuesday, March 25, 2003 / Presidential Documents [FR Doc. 03–7313 Filed 3–24–03; 8:58 am] Billing code 6325–01–C VerDate Jan<31>2003 18:18 Mar 24, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\25MRE0.SGM 25MRE0 ED25MR03.002</GPH>

Further Adjustment of Certain Rates of Pay

2003-03-21T00:00:00

0f904ca8a8426eced2fc3be41e2bf373fafcaab504d7bb130812a4a9ec5449bf

Presidential Executive Order

03-7160 (13290)

Presidential Documents 14307 Federal Register Vol. 68, No. 56 Monday, March 24, 2003 Title 3— The President Executive Order 13290 of March 20, 2003 Confiscating and Vesting Certain Iraqi Property By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the national emergency declared in Executive Order 12722 of August 2, 1990, I, GEORGE W. BUSH, President of the United States of America, hereby determine that the United States and Iraq are engaged in armed hostilities, that it is in the interest of the United States to confiscate certain property of the Government of Iraq and its agencies, instrumentalities, or controlled entities, and that all right, title, and interest in any property so confiscated should vest in the Department of the Treasury. I intend that such vested property should be used to assist the Iraqi people and to assist in the reconstruction of Iraq, and determine that such use would be in the interest of and for the benefit of the United States. I hereby order: Section 1. All blocked funds held in the United States in accounts in the name of the Government of Iraq, the Central Bank of Iraq, Rafidain Bank, Rasheed Bank, or the State Organization for Marketing Oil are hereby confiscated and vested in the Department of the Treasury, except for the following: (a) any such funds that are subject to the Vienna Convention on Diplomatic Relations or the Vienna Convention on Consular Relations, or that enjoy equivalent privileges and immunities under the laws of the United States, and are or have been used for diplomatic or consular purposes, and (b) any such amounts that as of the date of this order are subject to post- judgment writs of execution or attachment in aid of execution of judgments pursuant to section 201 of the Terrorism Risk Insurance Act of 2002 (Public Law 107 297), provided that, upon satisfaction of the judgments on which such writs are based, any remainder of such excepted amounts shall, by virtue of this order and without further action, be confiscated and vested. Sec. 2. The Secretary of the Treasury is authorized to perform, without further approval, ratification, or other action of the President, all functions of the President set forth in section 203(a)(1)(C) of IEEPA with respect to any and all property of the Government of Iraq, including its agencies, instrumentalities, or controlled entities, and to take additional steps, includ- ing the promulgation of rules and regulations as may be necessary, to carry out the purposes of this order. The Secretary of the Treasury may redelegate such functions in accordance with applicable law. The Secretary of the Treasury shall consult the Attorney General as appropriate in the implementa- tion of this order. VerDate Jan<31>2003 20:07 Mar 21, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\24MRE0.SGM 24MRE0 14308 Federal Register / Vol. 68, No. 56 / Monday, March 24, 2003 / Presidential Documents Sec. 3. This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, March 20, 2003. [FR Doc. 03–7160 Filed 3–21–03; 10:06 am] Billing code 3195–01–P VerDate Jan<31>2003 20:07 Mar 21, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\24MRE0.SGM 24MRE0

Confiscating and Vesting Certain Iraqi Property

2003-03-20T00:00:00

8a92c1584aa0750907e57b3750e61c4800a7fa884ebf6aa17d9f7e4a055bba64

Presidential Executive Order

03-6445 (13289)

Presidential Documents 12567 Federal Register Vol. 68, No. 50 Friday, March 14, 2003 Title 3— The President Executive Order 13289 of March 12, 2003 Establishing the Global War on Terrorism 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, it is hereby ordered as follows: Section 1. Global War on Terrorism Expeditionary Medal. There is hereby established the Global War on Terrorism Expeditionary 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 depart- ments 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 Global War on Terrorism Expeditionary Medal shall be awarded to members of the Armed Forces of the United States who serve or have served in military expeditions to combat terrorism, as defined by such regulations, on or after September 11, 2001, and before a terminal date to be prescribed by the Secretary of Defense. Sec. 2. Global War on Terrorism Service Medal. There is hereby established the Global War on Terrorism Service 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 Global War on Terrorism Service Medal shall be awarded to members of the Armed Forces of the United States who serve or have served in military operations to combat terrorism, as defined by such regulations, on or after September 11, 2001, and before a terminal date to be prescribed by the Secretary of Defense. Sec. 3. Relationship to Other Awards. Notwithstanding section 3 of Executive Order 10977 of December 4, 1961, establishing the Armed Forces Expedi- tionary Medal and section 3 of Executive Order 12985 of January 11, 1996, establishing the Armed Forces Service Medal, any member who qualified for those medals by reason of service in operations to combat terrorism between September 11, 2001, and a terminal date to be determined by the Secretary of Defense, shall remain qualified for those medals. Upon application, any such member may be awarded either the Global War on Terrorism Expeditionary Medal or the Global War on Terrorism Service Medal in lieu of the Armed Forces Expeditionary Medal or the Armed Forces Service Medal, but no person may be awarded more than one of these four medals by reason of service in the same approved Global War on Terrorism expedition or operation to combat terrorism, and no person shall be entitled to more than one award of the Global War on Terrorism Expeditionary Medal or the Global War on Terrorism Service Medal. Sec. 4. Posthumous Award. The Global War on Terrorism Expeditionary Medal and the Global War on Terrorism Service Medal may be awarded posthumously to any person covered by and under regulations prescribed in accordance with the first or second sections of this order. VerDate Jan<31>2003 16:31 Mar 13, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\14MRE0.SGM 14MRE0 12568 Federal Register / Vol. 68, No. 50 / Friday, March 14, 2003 / Presidential Documents Sec. 5. Nothing in this Executive Order shall be construed for any purpose as fixing, or authorizing the fixing of, the dates of initiation or termination of armed hostilities between the United States and terrorists of global reach. W THE WHITE HOUSE, March 12, 2003. [FR Doc. 03–6445 Filed 3–13–03; 12:27 pm] Billing code 3195–01–P VerDate Jan<31>2003 16:31 Mar 13, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\14MRE0.SGM 14MRE0

Establishing the Global War on Terrorism Medals

2003-03-12T00:00:00

8d2b0cf4de6190ce1f6a16fd985a645dbfa0e66f0c72c3ad209a5dac2a9f8c83

Presidential Executive Order

03-5848 (13288)

Presidential Documents 11457 Federal Register Vol. 68, No. 46 Monday, March 10, 2003 Title 3— The President Executive Order 13288 of March 6, 2003 Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, have determined that the actions and policies of certain members of the Govern- ment of Zimbabwe and other persons to undermine Zimbabwe’s democratic processes or institutions, 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, constitute an unusual and extraordinary threat to the foreign policy of the United States, and I hereby declare a national emergency to deal with that threat. I hereby order: Section 1. Except to the extent provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)), and in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, all property and interests in property of the following persons that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, including their overseas branches, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (a) the persons listed in the Annex to this order; and (b) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, to be owned or controlled by, or acting or purporting to act directly or indirectly for or on behalf of, any of the persons listed in the Annex to this order. Sec. 2. (a) Any transaction or dealing by a United States person or within the United States in property or interests in property blocked pursuant to this order is prohibited, including but not limited to the making or receiving of any contribution of funds, goods, or services to or for the benefit of any person listed in the Annex to this order or who is the subject of a determination under subsection 1(b) of this order. (b) 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. (c) Any conspiracy formed to violate the prohibitions set forth in this order is prohibited. Sec. 3. For the purposes of this order: (a) The term ‘‘person’’ means an individual or entity; (b) The term ‘‘entity’’ means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and (c) The term ‘‘United States person’’ means any United States citizen, permanent resident alien, entity organized under the laws of the United VerDate Dec<13>2002 13:23 Mar 07, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 11458 Federal Register / Vol. 68, No. 46 / Monday, March 10, 2003 / Presidential Documents States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 4. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation of rules and regulations, and to employ all powers granted to me by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government. 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. 5. This order is not intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law by a party against the United States, its agencies, officers, employees, or any other person. Sec. 6. (a) This order is effective at 12:01 eastern standard time on March 7, 2003; and (b) This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, March 6, 2003. Billing code 3195–01–P VerDate Dec<13>2002 13:23 Mar 07, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 11459 Federal Register / Vol. 68, No. 46 / Monday, March 10, 2003 / Presidential Documents ANNEX 1. Robert Gabriel MUGABE [President of Zimbabwe, born 21 Feb. 1924] 2. Flora BUKA [Minister of State for Land Reform, born 25 Feb. 1968] 3. George CHARAMBA [Permanent Secretary, Ministry of Information, born 4 Apr. 1963] 4. Fortune CHARUMBIRA [Deputy Minister for Local Government, Public Works, and National Housing, born 10 June 1962] 5. Aeneas CHIGWEDERE [Minister of Education, Sports and Culture, born 25 Nov. 1939] 6. Augustine CHIHURI [Police Commissioner, born 10 Mar. 1953] 7. Enos CHIKOWORE [Politburo Secretary for Land and Resettlement, born 17 July 1942] 8. Patrick CHINAMASA [Minister of Justice, born 25 Jan. 1947] 9. Edward CHINDORI-CHININGA [Minister of Mines, born 14 Mar. 1955] 10. Constantine CHIWENGA [Lt. Gen., Commander of the Army, born 25 Aug. 1956] 11. Willard CHIWEWE [Senior Secretary, Ministry of Foreign Affairs, born 19 Mar. 1949] 12. Ignatius CHOMBO [Minister of Local Government, born 1 Aug. 1952] 13. Dumiso DABENGWA [Politburo Senior Committee Member, born 6 Dec. 1939] 14. Nicholas GOCHE [Minister of State for National Security, born 1 Aug. 1946] 15. Rugare GUMBO [Deputy Minister for Home Affairs, born 8 Mar. 1940] 16. Richard HOVE [Politburo Secretary for Economic Affairs, born 23 Sept. 1939] 17. David KARIMANZIRA [Politburo Secretary for Finance, born 25 May 1947] 18. Saviour KASUKUWERE [Deputy-Secretary for Youth Affairs, born 23 Oct. 1970] 19. Christopher KURUNERI [Deputy Minister, Finance and Economic Devel- opment, born 4 Apr. 1949] 20. Thenjiwe LESABE [Politburo Secretary for Women’s Affairs, born 5 Jan. 1933] 21. Jaison MACHAYA [Deputy Minister for Mines and Mining Development, born 13 June 1952] 22. Joseph MADE [Minister of Agriculture, born 21 Nov. 1954] 23. Edna MADZONGWE [Deputy-Secretary for Production and Labor, born 11 July 1943] 24. Shuvai MAHOFA [Deputy Minister for Youth Development, Gender and Employment Creation, born 4 Apr. 1941] 25. Joshua MALINGA [Deputy-Secretary for Disabled and Disadvantaged, born 28 Apr. 1944] 26. Paul MANGWANA [Minister of State for State Enterprises and Parastatals, born 10 Aug. 1961] 27. Witness MANGWENDE [Minister of Transport and Communications, born 15 Aug. 1946] 28. Elliot MANYIKA [Minister of Youth Development, born 30 July 1955] 29. Kenneth MANYONDA [Deputy Minister for Industry and International Trade, born 10 Aug. 1934] VerDate Dec<13>2002 13:23 Mar 07, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 11460 Federal Register / Vol. 68, No. 46 / Monday, March 10, 2003 / Presidential Documents 30. Reuben MARUMAHOKO [Deputy Minister for Energy and Power Develop- ment, born 4 Apr. 1948] 31. Angeline MASUKU [Politburo Secretary for Disabled and Disadvantaged Person’s Welfare, born 14 Oct. 1936] 32. Sithokozile MATHUTHU [Deputy-Secretary for Transport and Social Welfare] 33. Amos Bernard Muvenga MIDZI [Minister for Energy and Development, born 4 July 1952] 34. Emmerson MNANGAGWA [Parliamentary Speaker, born 15 Sept. 1946] 35. Kembo MOHADI [Minister of Home Affairs, born 15 Nov. 1949] 36. Swithun MOMBESHORA [Minister of Higher Education, born 20 Aug. 1945] 37. Jonathan MOYO [Minister of Information, born 12 Jan. 1957] 38. July MOYO [Minister of Public Service, Labor and Social Welfare, born 7 May 1950] 39. Simon Khaya MOYO [Deputy-Secretary for Legal Affairs, born 1945] 40. Obert MPOFU [Deputy-Secretary for National Security, born 12 Oct. 1951] 41. Joseph MSIKA [Vice President, born 6 Dec. 1923] 42. Olivia MUCHENA [Minister of State for Science and Technology Develop- ment, born 18 Aug. 1946] 43. Opah MUCHINGURI [Politburo Secretary for Gender and Culture, born 14 Dec. 1958] 44. Stan MUDENGE [Minister of Foreign Affairs, born 17 Dec. 1948] 45. Grace MUGABE [born 23 July 1965] 46. Sabina MUGABE [Politburo Senior Committee Member, born 14 Oct. 1934] 47. Joyce MUJURU [Minister of Rural Resources and Water, born 15 Apr. 1955] 48. Solomon MUJURU [Politburo Senior Committee Member, born 1 May 1949] 49. Samuel MUMBENGEGWI [Minister of Industry and International Trade, born 20 July 1945] 50. Herbert MURERWA [Minister of Finance, born 31 July 1941] 51. Christopher MUSHOHWE [Deputy Minister, Transport and Communica- tions, born 6 Feb. 1954] 52. Didymus MUTASA [Politburo Secretary for External Relations, born 27 July 1935] 53. Kenneth MUTIWEKUZIVA [Deputy Minister for Small and Medium Enter- prise Development, born 27 May 1948] 54. Simon Vengesai MUZENDA [Vice President, born 28 Oct. 1922] 55. Tsitsi MUZENDA [Politburo Senior Committee Member, born 28 Aug. 1922] 56. Elisha MUZONZINI [Director of the Central Intelligence Organization, born 24 June 1957] 57. Abedinico NCUBE [Deputy Minister, Foreign Affairs, born 13 March 1954] 58. Naison NDLOVU [Politburo Secretary for Production and Labor, born 22 Oct. 1930] 59. Sikhanyiso NDLOVU [Deputy-Secretary for Commissariat, born 20 Sept. 1949] VerDate Dec<13>2002 13:23 Mar 07, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0 11461 Federal Register / Vol. 68, No. 46 / Monday, March 10, 2003 / Presidential Documents 60. Francis NHEMA [Minister of Environment and Tourism, born 17 Apr. 1959] 61. John NKOMO [Minister of State for Special Affairs, born 22 Aug. 1934] 62. Stephen NKOMO [Politburo Senior Committee Member, born 3 Oct. 1926] 63. Sithembiso NYONI [Minister of Small and Medium Enterprises Develop- ment, born 20 Sept. 1949] 64. David PARIRENYATWA [Minister of Health and Child Welfare, born 2 Aug. 1950] 65. Selina POTE [Deputy-Secretary for Gender and Culture] 66. Tinos RUSERE [Deputy Minister for Rural Resources and Water Develop- ment, born 10 May 1945] 67. Stanley SAKUPWANYA [Deputy-Secretary for Health and Child Welfare] 68. Sidney SEKERAMAYI [Minister of Defense, born 30 Mar. 1944] 69. Nathan SHAMUYARIRA [Politburo Secretary for Information and Pub- licity, born 29 Sept. 1928] 70. Perence SHIRI [Air Marshal (Air Force), born 11 Jan. 1955] 71. Isaiah SHUMBA [Deputy Minister, Education, Sports and Culture, born 3 Jan. 1949] 72. Absolom SIKOSANA [Politburo Secretary for Youth Affairs] 73. Solomon TAWENGWA [Deputy-Secretary for Finance, born 15 June 1940] 74. Josiah TUNGAMIRAI [Politburo Secretary for Empowerment and Indigenization, born 8 Oct. 1948] 75. Charles UTETE [Cabinet Secretary, born 30 Oct. 1938] 76. Paradzai ZIMONDI [Prisons chief, born 4 Mar. 1947] 77. Vitalis ZVINAVASHE [General, Commander of Zimbabwe Defense Forces, born 27 Sept. 1943] Note: The bracketed identifying information with respect to each person listed in this Annex reflects information currently available and is provided solely to facilitate compliance with this order. Each individual listed in this Annex remains subject to the prohibitions of this order notwithstanding any change in title, position, or affiliation. [FR Doc. 03–5848 Filed 3–7–03; 8:45 am] Billing code 3195–01–P VerDate Dec<13>2002 13:23 Mar 07, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\10MRE0.SGM 10MRE0

Blocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe

2003-03-06T00:00:00

a76f5678bfd9d4f17afb16fad8ac9d8c98659b9bb817dc83399625c498e76128

Presidential Executive Order

03-2606 (13285)

Presidential Documents 5203 Federal Register Vol. 68, No. 22 Monday, February 3, 2003 Title 3— The President Executive Order 13285 of January 29, 2003 President’s Council on Service and Civic Participation By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to encourage the recogni- tion of volunteer service and civic participation by all Americans, and especially America’s youth, it is hereby ordered as follows: Section 1. The President’s Council on Service and Civic Participation. (a) There is hereby established within the Corporation for National and Commu- nity Services (CNCS) the President’s Council on Service and Civic Participa- tion (Council). (b) The Council shall be composed of up to 25 members, including rep- resentatives of America’s youth, appointed by the President. Each member shall serve for a term of 2 years and may continue to serve after the expiration of their term until a successor is appointed. The President shall designate one member to serve as Chair and one member to serve as Vice Chair. Subject to the direction of the Chief Executive Officer of the CNCS, the Chair, and in the Chair’s absence the Vice Chair, shall convene and preside at the meetings of the Council, determine its agenda, and direct its work. Sec. 2. Mission and Functions of the Council. (a) The mission of the Council shall be to: (i) encourage the recognition of outstanding volunteer service and civic participation by individuals, schools, and organizations and thereby en- courage more such activity, especially on the part of America’s youth; and (ii) facilitate awareness of the ways in which Americans throughout our history have helped to meet the vital needs of their communities and Nation through volunteer service and civic participation. (b) In carrying out its mission, the Council shall: (i) design and recommend programs to recognize individuals, schools, and organizations that excel in their efforts to support volunteer service and civic participation, especially with respect to students in primary schools, secondary schools, and institutions of higher learning; (ii) exchange information and ideas with interested individuals and organi- zations on ways to expand and improve programs developed pursuant to subsection 2(b)(i) of this order; (iii) advise the Chief Executive Officer of the CNCS on broad dissemination, especially among schools and youth organizations, of information regarding recommended practices for the promotion of volunteer service and civic participation, and other relevant educational and promotional materials; (iv) monitor and advise the Chief Executive Officer of the CNCS on the need for the enhancement of materials disseminated pursuant to subsection 2(b)(iii) of this order; and (v) make recommendations from time to time to the President, through the Director of the USA Freedom Corps, on ways to promote and recognize outstanding volunteer service and civic participation by individuals, schools, and organizations and to promote awareness of the ways in which Americans throughout our history have helped to meet the vital needs of their communities and Nation through volunteer service and civic par- ticipation. VerDate Dec<13>2002 08:54 Jan 31, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03FEE0.SGM 03FEE0 5204 Federal Register / Vol. 68, No. 22 / Monday, February 3, 2003 / Presidential Documents Sec. 3. Administration. (a) Each Federal agency, to the extent permitted by law and subject to the availability of appropriations, shall furnish such information and assistance to the Council as the Council may, with the approval of the Director of the USA Freedom Corps, request. (b) The members of the Council shall serve without compensation for their work on the Council. Members of the Council who are not officers or employees of the United States may receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government (5 U.S.C. 5701–5707). (c) To the extent permitted by law, the Chief Executive Officer of the CNCS shall furnish the Council with necessary staff, supplies, facilities, and other administrative services and shall pay the expenses of the Council. (d) The Chief Executive Officer of the CNCS shall appoint an Executive Director to head the staff of the Council. (e) The Council, with the approval of the Chief Executive Officer of the CNCS, may establish subcommittees of the Council, consisting exclusively of members of the Council, as appropriate to aid the Council in carrying out its mission under this order. Sec. 4. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (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 Chief Executive Officer of CNCS in accordance with the guidelines and procedures issued by the Administrator of General Services. (b) Unless extended by the President, this order shall expire 2 years from the date of this order. W THE WHITE HOUSE, January 29, 2003. [FR Doc. 03–2606 Filed 01–31–03; 8:45 am] Billing code 3195–01–P VerDate Dec<13>2002 08:54 Jan 31, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\03FEE0.SGM 03FEE0

President's Council on Service and Civic Participation

2003-01-29T00:00:00

35c9892e8505221a249a2b35add31710cd623bede7cca0e05fda6e5d015a2d2d

Presidential Executive Order

03-5343 (13286)

Presidential Documents 10619 Federal Register Vol. 68, No. 43 Wednesday, March 5, 2003 Title 3— The President Executive Order 13286 of February 28, 2003 Amendment of Executive Orders, and Other Actions, in Con- nection With the Transfer of Certain Functions to the Sec- retary of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107–296) and section 301 of title 3, United States Code, and in order to reflect the transfer of certain functions to, and other responsibilities vested in, the Secretary of Homeland Security, the transfer of certain agencies and agency components to the Department of Homeland Security, and the delegation of appropriate responsibilities to the Secretary of Homeland Security, it is hereby ordered as follows: Section 1. Executive Order 13276 of November 15, 2002 (‘‘Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region’’), is amended by: (a) striking ‘‘The Attorney General’’ wherever it appears in section 1 and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof; and (b) striking ‘‘the Attorney General’’ wherever it appears in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 2. Executive Order 13274 of September 18, 2002 (‘‘Environmental Stew- ardship and Transportation Infrastructure Project Reviews’’), is amended by inserting ‘‘Secretary of Homeland Security,’’ after ‘‘Secretary of Defense,’’ in section 3(b). Sec. 3. Executive Order 13271 of July 9, 2002 (‘‘Establishment of the Corporate Fraud Task Force’’), is amended by: (a) inserting ‘‘(b) the Secretary of Homeland Security;’’ after ‘‘(a) the Sec- retary of the Treasury;’’ in section 4; and (b) relettering the subsequent subsections in section 4 appropriately. Sec. 4. Executive Order 13260 of March 19, 2002 (‘‘Establishing the Presi- dent’s Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security’’), is amended by: (a) striking ‘‘the Assistant to the President for Homeland Security (Assist- ant)’’ in section 1(c) and inserting ‘‘the Secretary of Homeland Security (Secretary)’’ in lieu thereof; (b) striking ‘‘the Assistant’’ wherever it appears in sections 2 and 3 and inserting ‘‘the Secretary’’ in lieu thereof; (c) striking ‘‘the Office of Administration’’ in section 3(d) and inserting ‘‘the Department of Homeland Security’’ in lieu thereof; (d) striking ‘‘the Administrator of General Services’’ in section 4(a) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; and (e) inserting ‘‘of General Services’’ after ‘‘Administrator’’ in section 4(a). Executive Order 13260 of March 19, 2002, is hereby revoked effective as of March 31, 2003. Sec. 5. Executive Order 13257 of February 13, 2002 (‘‘President’s Interagency Task Force to Monitor and Combat Trafficking in Persons’’), is amended by: (a) inserting ‘‘(v) the Secretary of Homeland Security;’’ after ‘‘(iv) the Secretary of Health and Human Services;’’ in section 1(b); and VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10620 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents (b) renumbering the subsequent subsections in section 1(b) appropriately. Sec. 6. Executive Order 13254 of January 29, 2002 (‘‘Establishing the USA Freedom Corps’’), is amended by striking ‘‘Director of the Federal Emergency Management Agency;’’ in section 3(b)(viii) and inserting ‘‘Secretary of Home- land Security;’’ in lieu thereof. Sec. 7. Executive Order 13231 of October 16, 2001 (‘‘Critical Infrastructure Protection in the Information Age’’), as amended, is further amended to read in its entirety as follows: ‘‘Critical Infrastructure Protection in the Information Age By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to ensure protection of information systems for critical infrastructure, including emergency pre- paredness communications and the physical assets that support such systems, in the information age, it is hereby ordered as follows: Section 1. Policy. The information technology revolution has changed the way business is transacted, government operates, and national defense is conducted. Those three functions now depend on an interdependent network of critical information infrastructures. It is the policy of the United States to protect against disruption of the operation of information systems for critical infrastructure and thereby help to protect the people, economy, essential human and government services, and national security of the United States, and to ensure that any disruptions that occur are infrequent, of minimal duration, and manageable, and cause the least damage possible. The implementation of this policy shall include a voluntary public-private partnership, involving corporate and nongovernmental organizations. Sec. 2. Continuing Authorities. This order does not alter the existing authori- ties or roles of United States Government departments and agencies. Authori- ties set forth in 44 U.S.C. chapter 35, and other applicable law, provide senior officials with responsibility for the security of Federal Government information systems. (a) Executive Branch Information Systems Security. The Director of the Office of Management and Budget (OMB) has the responsibility to develop and oversee the implementation of government-wide policies, principles, standards, and guidelines for the security of information systems that support the executive branch departments and agencies, except those noted in section 2(b) of this order. The Director of OMB shall advise the President and the appropriate department or agency head when there is a critical deficiency in the security practices within the purview of this section in an executive branch department or agency. (b) National Security Information Systems. The Secretary of Defense and the Director of Central Intelligence (DCI) shall have responsibility to oversee, develop, and ensure implementation of policies, principles, standards, and guidelines for the security of information systems that support the operations under their respective control. In consultation with the Assistant to the President for National Security Affairs and the affected departments and agencies, the Secretary of Defense and the DCI shall develop policies, prin- ciples, standards, and guidelines for the security of national security informa- tion systems that support the operations of other executive branch depart- ments and agencies with national security information. (i) Policies, principles, standards, and guidelines developed under this subsection may require more stringent protection than those developed in accordance with section 2(a) of this order. (ii) The Assistant to the President for National Security Affairs shall advise the President and the appropriate department or agency when there is a critical deficiency in the security practices of a department or agency within the purview of this section. (iii) National Security Systems. The National Security Telecommuni- cations and Information Systems Security Committee, as established by VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10621 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents and consistent with NSD–42 and chaired by the Department of Defense, shall be designated as the ‘‘Committee on National Security Systems.’’ (c) Additional Responsibilities. The heads of executive branch departments and agencies are responsible and accountable for providing and maintaining adequate levels of security for information systems, including emergency preparedness communications systems, for programs under their control. Heads of such departments and agencies shall ensure the development and, within available appropriations, funding of programs that adequately address these mission systems, especially those critical systems that support the national security and other essential government programs. Additionally, security should enable, and not unnecessarily impede, department and agen- cy business operations. Sec. 3. The National Infrastructure Advisory Council. The National Infrastruc- ture Advisory Council (NIAC), established on October 16, 2001, shall provide the President through the Secretary of Homeland Security with advice on the security of information systems for critical infrastructure supporting other sectors of the economy: banking and finance, transportation, energy, manufacturing, and emergency government services. (a) Membership. The NIAC shall be composed of not more than 30 members appointed by the President. The members of the NIAC shall be selected from the private sector, academia, and State and local government. Members of the NIAC shall have expertise relevant to the functions of the NIAC and generally shall be selected from industry Chief Executive Officers (and equivalently ranked leaders of other organizations) with responsibilities for security of information infrastructure supporting the critical sectors of the economy, including banking and finance, transportation, energy, communica- tions, and emergency government services. Members shall not be full-time officials or employees of the executive branch of the Federal Government. The President shall designate a Chair and Vice Chair from among the mem- bers of the NIAC. (b) Functions of the NIAC. The NIAC will meet periodically to: (i) enhance the partnership of the public and private sectors in protecting information systems for critical infrastructures and provide reports on this issue to the Secretary of Homeland Security, as appropriate; (ii) propose and develop ways to encourage private industry to perform periodic risk assessments of critical information and telecommunications systems; (iii) monitor the development of private sector Information Sharing and Analysis Centers (ISACs) and provide recommendations to the President through the Secretary of Homeland Security on how these organizations can best foster improved cooperation among the ISACs, the Department of Homeland Security, and other Federal Government entities; (iv) report to the President through the Secretary of Homeland Security, who shall ensure appropriate coordination with the Assistant to the Presi- dent for Homeland Security, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs under the terms of this order; and (v) advise lead agencies with critical infrastructure responsibilities, sector coordinators, the Department of Homeland Security, and the ISACs. (c) Administration of the NIAC. (i) The NIAC may hold hearings, conduct inquiries, and establish sub- committees, as appropriate. (ii) Upon request of the Chair, and to the extent permitted by law, the heads of the executive departments and agencies shall provide the NIAC with information and advice relating to its functions. (iii) Senior Federal Government officials may participate in the meetings of the NIAC, as appropriate. VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10622 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents (iv) Members shall serve without compensation for their work on the NIAC. However, members may be reimbursed for travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal Government service (5 U.S.C. 5701–5707). (v) To the extent permitted by law and subject to the availability of appropriations, the Department of Homeland Security shall provide the NIAC with administrative services, staff, and other support services, and such funds as may be necessary for the performance of the NIAC’s func- tions. (d) General Provisions. (i) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the NIAC, the functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Department of Homeland Security in accordance with the guidelines and procedures established by the Administrator of General Services. (ii) The NIAC shall terminate on October 15, 2003, unless extended by the President. (iii) Executive Order 13130 of July 14, 1999, was revoked on October 16, 2001. (iv) Nothing in this order shall supersede any requirement made by or under law. Sec. 4. Judicial Review. This order does not create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its depart ments, agencies, or other entities, its officers or employees, or any other person.’’ Sec. 8. Executive Order 13228 of October 8, 2001 (‘‘Establishing the Office of Homeland Security and the Homeland Security Council’’), as amended, is further amended by: (a) amending section 3(g) to read ‘‘(g) Incident Management. Consistent with applicable law, including the statutory functions of the Secretary of Homeland Security, the Assistant to the President for Homeland Security shall be the official primarily responsible for advising and assisting the President in the coordination of domestic incident management activities of all departments and agencies in the event of a terrorist threat, and during and in the aftermath of terrorist attacks, major disasters, or other emergencies, within the United States. Generally, the Assistant to the President for Home- land Security shall serve as the principal point of contact for and to the President with respect to the coordination of such activities. The Assistant to the President for Homeland Security shall coordinate with the Assistant to the President for National Security Affairs, as appropriate.’’; and (b) inserting ‘‘, including the Department of Homeland Security’’ after ‘‘Government departments and agencies’’ in section 7. Sec. 9. Executive Order 13223 of September 14, 2001 (‘‘Ordering the Ready Reserve of the Armed Forces to Active Duty and Delegating Certain Authori- ties to the Secretary of Defense and the Secretary of Transportation’’), as amended, is further amended by: (a) striking ‘‘the Secretary of Transportation’’ in the title and wherever it appears in sections 1, 5, 6, and 7, and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; and (b) striking ‘‘the Department of Transportation’’ in section 7 and inserting ‘‘the Department of Homeland Security’’ in lieu thereof. Sec. 10. Executive Order 13212 of May 18, 2001 (‘‘Actions to Expedite Energy-Related Projects’’), is amended by inserting ‘‘Homeland Security,’’ after ‘‘Veterans Affairs,’’ in section 3. Sec. 11. Executive Order 13165 of August 9, 2000 (‘‘Creation of the White House Task Force on Drug Use in Sports and Authorization for the Director of the Office of National Drug Control Policy to Serve as the United States VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10623 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents Government’s Representative on the Board of the World Anti-Doping Agen- cy’’), is amended by inserting ‘‘the Department of Homeland Security,’’ after ‘‘the Department of Transportation,’’ in section 2. Sec. 12. Executive Order 13154 of May 3, 2000 (‘‘Establishing the Kosovo Campaign Medal’’), is amended by striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 13. Executive Order 13133 of August 5, 1999 (‘‘Working Group on Unlawful Conduct on the Internet’’), is amended by: (a) inserting ‘‘(6) The Secretary of Homeland Security.’’ after ‘‘(5) The Secretary of Education.’’ in section 3(a); and (b) renumbering the subsequent subsections in section 3(a) appropriately. Sec. 14. Executive Order 13120 of April 27, 1999 (‘‘Ordering the Selected Reserve and Certain Individual Ready Reserve Members of the Armed Forces to Active Duty’’), is amended by striking ‘‘the Secretary of Transportation’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 15. Executive Order 13112 of February 3, 1999 (‘‘Invasive Species’’), is amended by inserting ‘‘the Secretary of Homeland Security,’’ after ‘‘Sec- retary of Transportation,’’ in section 3(a). Sec. 16. Executive Order 13100 of August 25, 1998 (‘‘President’s Council on Food Safety’’), is amended by inserting ‘‘and Homeland Security,’’ after ‘‘Health and Human Services,’’ in section 1(a). Sec. 17. Executive Order 13076 of February 24, 1998 (‘‘Ordering the Selected Reserve of the Armed Forces to Active Duty’’), is amended by striking ‘‘the Secretary of Transportation’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 18. Executive Order 13011 of July 16, 1996 (‘‘Federal Information Tech- nology’’), as amended, is further amended by: (a) striking ‘‘17. Federal Emergency Management Agency;’’ in section 3(b); and (b) renumbering the subsequent subsections in section 3(b) appropriately. Sec. 19. Executive Order 12989 of February 13, 1996 (‘‘Economy and Effi- ciency in Government Procurement through Compliance with Certain Immi- gration and Naturalization Act Provisions’’), is amended by: (a) striking ‘‘Naturalization’’ in the title and inserting ‘‘Nationality’’ in lieu thereof; (b) striking ‘‘, the Attorney General’’ in section 3; (c) inserting ‘‘the Secretary of Homeland Security’’ before ‘‘may’’ in section 3(a); (d) inserting ‘‘the Secretary of Homeland Security’’ before ‘‘shall’’ in section 3(b); (e) inserting ‘‘the Attorney General’’ before ‘‘shall’’ in section 3(c); (f) inserting ‘‘Secretary of Homeland Security or the’’ before ‘‘Attorney General’’ wherever it appears in section 4; (g) striking ‘‘The Attorney General’s’’ in section 4(b) and inserting ‘‘Such’’ in lieu thereof; (h) striking ‘‘the Attorney General’’ wherever it appears in the first two sentences of section 5(a) and inserting ‘‘the Secretary of Homeland Security and Attorney General’’ in lieu thereof; (i) striking ‘‘the responsibilities of the Attorney General’’ in section 5(a) and inserting ‘‘their respective responsibilities’’ in lieu thereof; (j) inserting ‘‘Secretary of Homeland Security or the’’ before ‘‘Attorney General’’ wherever in appears in the third sentence of section 5(a); VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10624 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents (k) inserting ‘‘Secretary of Homeland Security and the’’ before ‘‘Attorney General’’ in section 6; (l) striking ‘‘the Attorney General’s’’ in section 6 and inserting ‘‘their respective’’ in lieu thereof; and (m) inserting ‘‘Secretary of Homeland Security, the’’ before ‘‘Attorney Gen- eral’’ in section 7. Sec. 20. Executive Order 12985 of January 11, 1996 (‘‘Establishing the Armed Forces Service Medal’’), is amended by striking ‘‘the Secretary of Transpor- tation’’ in section 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 21. Executive Order 12982 of December 8, 1995 (‘‘Ordering the Selected Reserve of the Armed Forces to Active Duty’’), is amended by striking ‘‘the Secretary of Transportation’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 22. Executive Order 12978 of October 21, 1995 (‘‘Blocking Assets and Prohibiting Transactions with Significant Narcotics Traffickers’’), is amended by inserting ‘‘, the Secretary of Homeland Security,’’ after ‘‘the Attorney General’’ wherever it appears in sections 1 and 4. Sec. 23. Executive Order 12977 of October 19, 1995 (‘‘Interagency Security Committee’’), is amended by: (a) striking ‘‘the Administrator of General Services (‘‘Administrator’’)’’ in section 1(a) and inserting ‘‘the Secretary of Homeland Security (‘‘Secretary’’)’’ in lieu thereof; (b) striking ‘‘and’’ after ‘‘(16) Central Intelligence Agency;’’ in section 1(b); (c) inserting ‘‘and (18) General Services Administration;’’ after ‘‘(17) Office of Management and Budget;’’ in section 1(b); (d) striking section 1(c)(2) and redesignating sections 1(c)(3) and 1(c)(4) as sections 1(c)(2) and 1(c)(3), respectively; (e) striking ‘‘Administrator’’ wherever it appears in sections 2, 5(a)(3)(E), 6(a), and 6(c), and inserting ‘‘Secretary’’ in lieu thereof; and (f) striking ‘‘, acting by and through the Assistant Commissioner,’’ in section 6(c). Sec. 24. Executive Order 12919 of June 3, 1994 (‘‘National Defense Industrial Resources Preparedness’’), is amended by: (a) striking ‘‘The Director, Federal Emergency Management Agency (‘‘Direc- tor, FEMA’’)’’ in section 104(b) and inserting ‘‘The Secretary of Homeland Security (‘‘the Secretary’’)’’ in lieu thereof; (b) striking ‘‘The Director, FEMA,’’ in sections 201(c) and 601(f) and inserting ‘‘The Secretary’’ in lieu thereof; (c) striking ‘‘the Director, FEMA,’’ wherever it appears in sections 201(e), 202(c), 305, 501, 701(e), and 802(e), and inserting ‘‘the Secretary’’ in lieu thereof; and (d) inserting ‘‘the Department of Homeland Security,’’ after ‘‘Attorney Gen- eral,’’ in section 801. Sec. 25. Executive Order 12906 of April 11, 1994 (‘‘Coordinating Geographic Data Acquisition and Access: The National Spatial Data Infrastructure’’), is amended by: (a) striking ‘‘and’’ in section 7(b)(ii); (b) striking the period at the end of section 7(b)(iii) and inserting ‘‘; and’’ in lieu thereof; and (c) inserting a new section 7(b)(iv) to read ‘‘(iv) the national security- related activities of the Department of Homeland Security as determined by the Secretary of Homeland Security.’’. VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10625 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents Sec. 26. Executive Order 12870 of September 30, 1993 (‘‘Trade Promotion Coordinating Committee’’), is amended by: (a) inserting ‘‘(j) Department of Homeland Security;’’ after ‘‘(i) Department of the Interior;’’ in section 1; and (b) relettering the subsequent subsections in section 1 appropriately. Sec. 27. Executive Order 12835 of January 25, 1993 (‘‘Establishment of the National Economic Council’’), is amended by: (a) inserting ‘‘(k) Secretary of Homeland Security;’’ after ‘‘(j) Secretary of Energy;’’ in section 2; and (b) relettering the subsequent subsections in section 2 appropriately. Sec. 28. Executive Order 12830 of January 9, 1993 (‘‘Establishing the Military Outstanding Volunteer Service Medal’’), is amended by striking ‘‘the Sec- retary of Transportation’’ wherever it appears and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 29. Executive Order 12824 of December 7, 1992 (‘‘Establishing the Transportation Distinguished Service Medal’’), is amended by: (a) striking ‘‘Transportation’’ in the title and inserting ‘‘Homeland Security’’ in lieu thereof; and (b) striking ‘‘Transportation’’ wherever it appears and inserting ‘‘Homeland Security’’ in lieu thereof. Sec. 30. Executive Order 12807 of May 24, 1992 (‘‘Interdiction of Illegal Aliens’’), is amended by striking ‘‘the Attorney General’’ in section 2(c)(3) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 31. Executive Order 12793 of March 20, 1992 (‘‘Continuing the Presi- dential Service Certificate and Presidential Service Badge’’), is amended by striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 32. Executive Order 12789 of February 10, 1992 (‘‘Delegation of Report- ing Functions Under the Immigration Reform and Control Act of 1986’’), is amended by striking ‘‘The Attorney General’’ in section 1 and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof. Sec. 33. Executive Order 12788 of January 15, 1992 (‘‘Defense Economic Adjustment Program’’), is amended by: (a) inserting ‘‘(15) Secretary of Homeland Security;’’ after ‘‘(14) Secretary of Veterans Affairs;’’ in section 4(a); and (b) renumbering the subsequent subsections in section 4(a) appropriately. Sec. 34. Executive Order 12777 of October 18, 1991 (‘‘Implementation of Section 311 of the Federal Water Pollution Control Act of October 18, 1972, as Amended, and the Oil Pollution Act of 1990’’), is amended by: (a) inserting ‘‘and the Secretary of the Department in which the Coast Guard is operating’’ after ‘‘the Secretary of Transportation’’ in sections 2(b)(2) and 2(d)(2); (b) striking ‘‘the Secretary of Transportation’’ in section 2(e)(2) and wher- ever it appears in sections 5 and 8 and inserting ‘‘the Secretary of the Department in which the Coast Guard is operating’’ in lieu thereof; and (c) inserting ‘‘the Secretary of the Department in which the Coast Guard is operating,’’ after ‘‘Agriculture,’’ in section 10(c). Sec. 35. Executive Order 12743 of January 18, 1991 (‘‘Ordering the Ready Reserve of the Armed Forces to Active Duty’’), is amended by: (a) striking ‘‘the Department of Transportation’’ in section 1 and inserting ‘‘the Department of Homeland Security’’ in lieu thereof; and (b) striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 36. Executive Order 12742 of January 8, 1991 (‘‘National Security Indus- trial Responsiveness’’), is amended by: VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10626 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents (a) inserting ‘‘Homeland Security,’’ after ‘‘Transportation,’’ in section 104(a); and (b) striking ‘‘the Director of the Federal Emergency Management Agency’’ in section 104(d) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 37. Executive Order 12733 of November 13, 1990 (‘‘Authorizing the Extension of the Period of Active Duty of Personnel of the Selected Reserve of the Armed Forces’’), is amended by striking ‘‘the Secretary of Transpor- tation’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 38. Executive Order 12728 of August 22, 1990 (‘‘Delegating the Presi- dent’s Authority to Suspend any Provision of Law Relating to the Promotion, Retirement, or Separation of Members of the Armed Forces’’), is amended by striking ‘‘the Secretary of Transportation’’ in sections 1 and 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 39. Executive Order 12727 of August 27, 1990 (‘‘Ordering the Selected Reserve of the Armed Forces to Active Duty’’), is amended by striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 40. Executive Order 12699 (‘‘Seismic Safety of Federal and Federally Assisted or Regulated New Building Construction’’), is amended by: (a) striking ‘‘Federal Emergency Management Agency (FEMA)’’ in section 3(d) and inserting ‘‘Department of Homeland Security’’ in lieu thereof; (b) striking ‘‘The Director of the Federal Emergency Management Agency’’ in section 4(a) and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof; and (c) striking ‘‘The Federal Emergency Management Agency’’ and ‘‘The FEMA’’ in section 5 and inserting ‘‘The Department of Homeland Security’’ in lieu thereof (in both places). Sec. 41. Executive Order 12657 of November 18, 1988 (‘‘Federal Emergency Management Agency Assistance in Emergency Preparedness Planning at Com- mercial Nuclear Power Plants’’), is amended by: (a) striking ‘‘Federal Emergency Management Agency’’ in the title and inserting ‘‘Department of Homeland Security’’ in lieu thereof; (b) striking ‘‘Federal Emergency Management Agency (‘‘FEMA’’)’’ in section 1(b) and inserting ‘‘Department of Homeland Security (‘‘DHS’’)’’ in lieu thereof; (c) striking ‘‘FEMA’’ wherever it appears in sections 1(b), 2(b), 2(c), 3, 4, 5, and 6, and inserting ‘‘DHS’’ in lieu thereof; and (d) striking ‘‘the Director of FEMA’’ in section 2(a) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 42. Executive Order 12656 of November 18, 1988 (‘‘Assignment of Emergency Preparedness Responsibilities’’), as amended, is further amended by: (a) striking ‘‘The Director of the Federal Emergency Management Agency’’ wherever it appears in sections 104(c) and 1702 and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof; (b) striking ‘‘the Director of the Federal Emergency Management Agency’’ wherever it appears in sections 104(c), 201(15), 301(9), 401(10), 501(4), 501(7), 502(7), 601(3), 701(5), 801(9), 1302(4), 1401(4), 1701, and 1801(b), and insert- ing ‘‘the Secretary of Homeland Security’’ in lieu thereof; (c) striking ‘‘consistent with current National Security Council guidelines and policies’’ in section 201(15) and inserting ‘‘consistent with current Presi- dential guidelines and policies’’ in lieu thereof; (d) striking ‘‘Secretary’’ in section 501(9) and inserting ‘‘Secretaries’’ in lieu thereof; (e) inserting ‘‘and Homeland Security’’ after ‘‘Labor’’ in section 501(9); VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10627 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents (f) striking ‘‘and’’ after ‘‘State’’ in section 701(6) and inserting a comma in lieu thereof; (g) inserting ‘‘, and Homeland Security’’ after ‘‘Defense’’ in section 701(6); (h) striking ‘‘the Director of the Federal Emergency Management Agency,’’ in section 701(6); and (i) striking ‘‘Federal Emergency Management Agency’’ in the title of Part 17 and inserting ‘‘Department of Homeland Security’’ in lieu thereof. Without prejudice to subsections (a) through (i) of this section, all respon- sibilities assigned to specific Federal officials pursuant to Executive Order 12656 that are substantially the same as any responsibility assigned to, or function transferred to, the Secretary of Homeland Security pursuant to the Homeland Security Act of 2002 (regardless of whether such responsi- bility or function is expressly required to be carried out through another official of the Department of Homeland Security or not pursuant to such Act), or intended or required to be carried out by an agency or an agency component transferred to the Department of Homeland Security pursuant to such Act, are hereby reassigned to the Secretary of Homeland Security. Sec. 43. Executive Order 12580 of January 23, 1987 (‘‘Superfund Implementa- tion’’), as amended, is further amended by: (a) inserting ‘‘Department of Homeland Security,’’ after Department of Energy,’’ in section 1(a)(2); and (b) striking ‘‘Federal Emergency Management Agency’’ in section 1(a)(2). Sec. 44. Executive Order 12555 of November 15, 1985 (‘‘Protection of Cultural Property’’), as amended, is further amended by: (a) striking ‘‘the Secretary of the Treasury’’ in sections 1, 2, and 3, and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; and (b) striking ‘‘The Department of the Treasury’’ in the heading of section 3 and inserting ‘‘The Department of Homeland Security’’ in lieu thereof. Sec. 45. Executive Order 12501 of January 28, 1985 (‘‘Arctic Research’’), is amended by: (a) inserting ‘‘(i) Department of Homeland Security;’’ after ‘‘(h) Department of Health and Human Services;’’ in section 8; and (b) relettering the subsequent subsections in section 8 appropriately. Sec. 46. Executive Order 12472 of April 3, 1984 (‘‘Assignment of National Security and Emergency Preparedness Telecommunications Functions’’), is amended by: (a) inserting ‘‘the Homeland Security Council,’’ after ‘‘National Security Council,’’ in sections 1(b), 1(e)(4), 1(f)(3), and 2(c)(4); (b) striking ‘‘The Secretary of Defense’’ in section 1(e) and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof; (c) striking ‘‘Federal Emergency Management Agency’’ in sections 1(e)(3) and 3(j) and inserting ‘‘Department of Homeland Security’’ in lieu thereof; (d) inserting ‘‘, in consultation with the Homeland Security Council,’’ after ‘‘National Security Council’’ in section 2(b)(1); (e) inserting ‘‘, the Homeland Security Council,’’ after ‘‘National Security Council’’ in sections 2(d) and 2(e); (f) striking ‘‘the Director of the Federal Emergency Management Agency’’ in section 2(d)(1) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; (g) striking ‘‘Federal Emergency Management Agency. The Director of the Federal Emergency Management Agency shall:’’ in section 3(b) and inserting ‘‘Department of Homeland Security. The Secretary of Homeland Security shall:’’ in lieu thereof; and (h) adding at the end of section 3(d) the following new paragraph: ‘‘(3) Nothing in this order shall be construed to impair or otherwise affect the VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10628 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents authority of the Secretary of Defense with respect to the Department of Defense, including the chain of command for the armed forces of the United States under section 162(b) of title 10, United States Code, and the authority of the Secretary of Defense with respect to the Department of Defense under section 113(b) of that title.’’. Sec. 47. Executive Order 12382 of September 13, 1982 (‘‘President’s National Security Telecommunications Advisory Committee’’), as amended, is further amended by: (a) inserting ‘‘through the Secretary of Homeland Security,’’ after ‘‘the President,’’ in sections 2(a) and 2(b); (b) striking ‘‘and to the Secretary of Defense’’ in section 2(e) and inserting ‘‘, through the Secretary of Homeland Security,’’ in lieu thereof; and (c) striking ‘‘the Secretary of Defense’’ in sections 3(c) and 4(a) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 48. Executive Order 12341 of January 21, 1982 (‘‘Cuban and Haitian Entrants’’), is amended by: (a) striking ‘‘The Attorney General’’ in section 2 and inserting ‘‘The Sec- retary of Homeland Security’’ in lieu thereof; and (b) striking ‘‘the Attorney General’’ in section 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 49. Executive Order 12208 of April 15, 1980 (‘‘Consultations on the Admission of Refugees’’), as amended, is further amended by: (a) striking ‘‘the following functions: (a) To’’ in section 1–101 and inserting ‘‘to’’ in lieu thereof; (b) striking ‘‘the Attorney General’’ in section 1–101(a) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; (c) striking sections 1–101(b) and 1–102; and (d) redesignating sections 1–103 and 1–104 as sections 1–102 and 1– 103, respectively. Sec. 50. Executive Order 12188 of January 2, 1980 (‘‘International Trade Functions’’), as amended, is further amended by: (a) inserting ‘‘(12) The Secretary of Homeland Security’’ after ‘‘(11) The Secretary of Energy’’ in section 1–102(b); and (b) renumbering the subsequent subsections in section 1–102(b) appro- priately. Sec. 51. Executive Order 12160 of September 26, 1979 (‘‘Providing for En- hancement and Coordination of Federal Consumer Programs’’), as amended, is further amended by: (a) inserting ‘‘(m) Department of Homeland Security.’’ after ‘‘(l) Department of the Treasury.’’ in section 1–102; (b) striking ‘‘(s) Federal Emergency Management Agency.’’ in section 1– 102; and (c) relettering the subsequent subsections in section 1–102 appropriately. Sec. 52. Executive Order 12148 of July 20, 1979 (‘‘Federal Emergency Manage- ment’’), as amended, is further amended by: (a) striking ‘‘the Federal Emergency Management Agency’’ whenever it appears and inserting ‘‘the Department of Homeland Security’’ in lieu thereof; and (b) striking ‘‘the Director of the Federal Emergency Management Agency’’ wherever it appears and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 53. Executive Order 12146 of July 18, 1979 (‘‘Management of Federal Legal Resources’’), as amended, is further amended by: (a) striking ‘‘15’’ in section 1–101 and inserting ‘‘16’’ in lieu thereof; (b) inserting ‘‘(n) The Department of Homeland Security.’’ after ‘‘(m) The Department of the Treasury.’’ in section 1–102; and VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10629 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents (c) relettering the subsequent subsections in section 1–102 appropriately. Sec. 54. Executive Order 12002 of July 7, 1977 (‘‘Administration of Export Controls’’), as amended, is further amended by inserting ‘‘, the Secretary of Homeland Security,’’ after ‘‘The Secretary of Energy’’ in section 3. Sec. 55. Executive Order 11965 of January 19, 1977 (‘‘Establishing the Human- itarian Service Medal’’), is amended by striking ‘‘the Secretary of Transpor- tation’’ wherever it appears in sections 1, 2, and 4, and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 56. Executive Order 11926 of July 19, 1976 (‘‘The Vice Presidential Service Badge’’), is amended by striking ‘‘the Secretary of Transportation’’ in section 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 57. Executive Order 11858 of May 7, 1975 (‘‘Foreign Investment in the United States’’), as amended, is further amended by: (a) inserting ‘‘(8) The Secretary of Homeland Security.’’ after ‘‘(7) The Attorney General.’’ in section 1(a); and (b) redesignating subsection (8) as subsection (9) in section 1(a). Sec. 58. Executive Order 11800 of August 17, 1974 (‘‘Delegating Certain Authority Vested in the President by the Aviation Career Incentive Act of 1974’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Secu- rity’’ in lieu thereof. Sec. 59. Executive Order 11645 of February 8, 1972 (‘‘Authority of the Secretary of Transportation to Prescribe Certain Regulations Relating to Coast Guard Housing’’), is amended by striking ‘‘the Secretary of Transportation’’ in the title and in sections 1 and 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 60. Executive Order 11623 of October 12, 1971 (‘‘Delegating to the Director of Selective Service Authority to Issue Rules and Regulations under the Military Selective Service Act’’), as amended, is further amended by: (a) striking ‘‘the Secretary of Transportation’’ in section 2(a) and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; and (b) striking ‘‘the Department of Transportation’’ in section 2(a) and inserting ‘‘the Department of Homeland Security’’ in lieu thereof. Sec. 61. Executive Order 11448 of January 16, 1969 (‘‘Establishing the Meri- torious Service Medal’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 62. Executive Order 11446 of January 16, 1969 (‘‘Authorizing the Accept- ance of Service Medals and Ribbons from Multilateral Organizations Other Than the United Nations’’), is amended by striking ‘‘the Secretary of Trans- portation’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 63. Executive Order 11438 of December 3, 1968 (‘‘Prescribing Procedures Governing Interdepartmental Cash Awards to the Members of the Armed Forces’’), as amended, is further amended by: (a) striking ‘‘the Secretary of Transportation’’ in sections 1 and 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; and (b) striking ‘‘the Department of Transportation’’ wherever it appears in sections 2 and 4 and inserting ‘‘the Department of Homeland Security’’ in lieu thereof. Sec. 64. Executive Order 11366 of August 4, 1967 (‘‘Assigning Authority to Order Certain Persons in the Ready Reserve to Active Duty’’), is amended by striking ‘‘The Secretary of Transportation’’ in sections 2 and 3(b) and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof. Sec. 65. Executive Order 11239 of July 31, 1965 (‘‘Enforcement of the Conven- tion for Safety of Life at Sea, 1960’’), as amended, is further amended, VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10630 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents without prejudice to section 1–106 of Executive Order 12234 of September 3, 1980 (‘‘Enforcement of the Convention for the Safety of Life at Sea’’), by: (a) striking ‘‘the Secretary of Transportation’’ in sections 1, 3, and 4, and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; and (b) striking ‘‘The Secretary of Transportation’’ in sections 2 and 3 and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof. Sec. 66. Executive Order 11231 of July 8, 1965 (‘‘Establishing the Vietnam Service Medal’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 67. Executive Order 11190 of December 29, 1964 (‘‘Providing for the Screening of the Ready Reserve of the Armed Forces’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 68. Executive Order 11139 of January 7, 1964 (‘‘Authorizing Acceptance of the United Nations Medal and Service Ribbon’’), is amended by striking ‘‘the Secretary of the Treasury’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 69. Executive Order 11079 of January 25, 1963 (‘‘Providing for the Prescribing of Regulations under which Members of the Armed Forces and Others May Accept Fellowships, Scholarships or Grants’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 70. Executive Order 11046 of August 24, 1962 (‘‘Authorizing Award of the Bronze Star Medal’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ in section 1 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 71. Executive Order 11016 of April 25, 1962 (‘‘Authorizing Award of the Purple Heart’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ in sections 1 and 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 72. Executive Order 10977 of December 4, 1961 (‘‘Establishing the Armed Forces Expeditionary Medal’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ in section 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 73. Executive Order 10789 of November 14, 1958 (‘‘Authorizing Agencies of the Government To Exercise Certain Contracting Authority in Connection With National-Defense Functions and Prescribing Regulations Governing the Exercise of Such Authority’’), as amended, is further amended by: (a) striking ‘‘The Federal Emergency Management Agency’’ in paragraph 21 and inserting ‘‘Department of Homeland Security’’ in lieu thereof; and (b) inserting at the end thereof the following new Part: ‘‘Part III—Coordination with Other Authorities 25. After March 1, 2003, no executive department or agency shall exercise authority granted under paragraph 1A of this order with respect to any matter that has been, or could be, designated by the Secretary of Homeland Security as a qualified anti-terrorism technology as defined in section 865 of the Homeland Security Act of 2002, unless— (a) in the case of the Department of Defense, the Secretary of Defense has, after consideration of the authority provided under subtitle G of title VIII of the Homeland Security Act of 2002, determined that the exercise of authority under this order is necessary for the timely and effective conduct of United States military or intelligence activities; and (b) in the case of any other executive department or agency that has authority under this order, (i) the Secretary of Homeland Security has advised whether the use of the authority provided under subtitle G of title VIII VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10631 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents of the Homeland Security Act of 2002 would be appropriate, and (ii) the Director of the Office and Management and Budget has approved the exercise of authority under this order.’’. Sec. 74. Executive Order 10694 of January 10, 1957 (‘‘Authorizing the Secre- taries of the Army, Navy, and Air Force to Issue Citations in the Name of the President of the United States to Military and Naval Units for Out- standing Performance in Action’’), is amended by adding at the end thereof the following new section: ‘‘5. The Secretary of the Department in which the Coast Guard is operating may exercise the same authority with respect to the Coast Guard under this order as the Secretary of the Navy may exercise with respect to the Navy and the Marine Corps under this order.’’. Sec. 75. Executive Order 10637 of September 16, 1955 (‘‘Delegating to the Secretary of the Treasury Certain Functions of the President Relating to the United States Coast Guard’’), is amended by: (a) striking ‘‘The Secretary of the Treasury’’ in sections 1 and 2 and inserting ‘‘The Secretary of Homeland Security’’ in lieu thereof; (b) striking ‘‘the Secretary of the Treasury’’ in the title and in subsections 1(j), 1(k), and 5, and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof; and (c) striking subsection 1(r) and redesignating subsection 1(s) as subsection 1(r). Sec. 76. Executive Order 10631 of August 17, 1955 (‘‘Code of Conduct for Members of the Armed Forces of the United States’’), as amended, is further amended by: striking ‘‘the Secretary of Transportation’’ and insert- ing ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 77. Executive Order 10554 of August 18, 1954 (‘‘Delegating the Authority of the President to Prescribe Regulations Authorizing Occasions Upon Which the Uniform May Be Worn by Persons Who Have Served Honorably in the Armed Forces in Time of War’’), is amended by striking ‘‘the Secretary of the Treasury’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 78. Executive Order 10499 of November 4, 1953 (‘‘Delegating Functions Conferred Upon the President by Section 8 of the Uniformed Services Contin- gency Option Act of 1953’’), as amended, is further amended by striking ‘‘the Treasury’’ in sections 1 and 2 and inserting ‘‘Homeland Security’’ in lieu thereof. Sec. 79. Executive Order 10448 of April 22, 1953 (‘‘Authorizing the National Defense Medal’’), as amended, is further amended by striking ‘‘the Secretary of Transportation’’ in sections 1 and 2 and inserting ‘‘the Secretary of Home- land Security’’ in lieu thereof. Sec. 80. Executive Order 10271 of July 7, 1951 (‘‘Delegating the Authority of the President to Order Members and Units of Reserve Components of the Armed Forces into Active Federal service’’), is amended by striking ‘‘the Secretary of the Treasury’’ and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 81. Executive Order 10179 of November 8, 1950 (‘‘Establishing the Korean Service Medal’’), as amended, is further amended by striking ‘‘the Secretary of the Treasury’’ in sections 1 and 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 82. Executive Order 10163 of September 25, 1950 (‘‘The Armed Forces Reserve Medal’’), as amended, is further amended by striking ‘‘the Secretary of the Treasury’’ in sections 2 and 7 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 83. Executive Order 10113 of February 24, 1950 (‘‘Delegating the Author- ity of the President to Prescribe Clothing Allowances, and Cash Allowances in lieu thereof, for Enlisted Men in the Armed Forces’’), as amended, is further amended by striking ‘‘the Secretary of the Treasury’’ in sections 1 and 2 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10632 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents Sec. 84. Executive Order 4601 of March 1, 1927 (‘‘Distinguished Flying Cross’’), as amended, is further amended by: (a) striking ‘‘The Secretary of War, the Secretary of the Navy,’’ in sections 2 and 12 and inserting ‘‘The Secretary of Defense’’ in lieu thereof; and (b) striking ‘‘the Secretary of the Treasury’’ in sections 2 and 12 and inserting ‘‘the Secretary of Homeland Security’’ in lieu thereof. Sec. 85. Designation as a Defense Agency of the United States. I hereby designate the Department of Homeland Security as a defense agency of the United States for the purposes of chapter 17 of title 35 of the United States Code. Sec. 86. Exception from the Provisions of the Government Employees Training Act. Those elements of the Department of Homeland Security that are super- vised by the Under Secretary of Homeland Security for Information Analysis and Infrastructure Protection through the Department’s Assistant Secretary for Information Analysis are, pursuant to section 4102(b)(1) of title 5, United States Code, and in the public interest, excepted from the following provi- sions of the Government Employees Training Act as codified in title 5: sections 4103(a)(1), 4108, 4115, 4117, and 4118, and that part of 4109(a) that provides ‘‘under the regulations prescribed under section 4118(a)(8) of this title and’’. Sec. 87. Functions of Certain Officials in the Coast Guard. The Commandant and the Assistant Commandant for Intelligence of the Coast Guard each shall be considered a ‘‘Senior Official of the Intelligence Community’’ for purposes of Executive Order 12333 of December 4, 1981, and all other relevant authorities. Sec. 88. Order of Succession. Subject to the provisions of subsection (b) of this section, the officers named in subsection (a) of this section, in the order listed, shall act as, and perform the functions and duties of, the office of Secretary of Homeland Security (‘‘Secretary’’) during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary. (a) Order of Succession. (i) Deputy Secretary of Homeland Security; (ii) Under Secretary for Border and Transportation Security; (iii) Under Secretary for Emergency Preparedness and Response; (iv) Under Secretary for Information Analysis and Infrastructure Protec- tion; (v) Under Secretary for Management; (vi) Under Secretary for Science and Technology; (vii) General Counsel; and (viii) Assistant Secretaries in the Department in the order of their date of appointment as such. (b) Exceptions. (i) No individual who is serving in an office listed in subsection (a) in an acting capacity shall act as Secretary pursuant to this section. (ii) Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this order in designating an acting Secretary. Sec. 89. Savings Provision. Except as otherwise specifically provided above or in Executive Order 13284 of January 23, 2003 (‘‘Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Secu- rity’’), references in any prior Executive Order relating to an agency or VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0 10633 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents an agency component that is transferred to the Department of Homeland Security (‘‘the Department’’), or relating to a function that is transferred to the Secretary of Homeland Security, shall be deemed to refer, as appro- priate, to the Department or its officers, employees, agents, organizational units, or functions. Sec. 90. Nothing in this order shall be construed to impair or otherwise affect the authority of the Secretary of Defense with respect to the Department of Defense, including the chain of command for the armed forces of the United States under section 162(b) of title 10, United States Code, and the authority of the Secretary of Defense with respect to the Department of Defense under section 113(b) of that title. Sec. 91. Nothing in this order shall be construed to limit or restrict the authorities of the Central Intelligence Agency and the Director of Central Intelligence pursuant to the National Security Act of 1947 and the CIA Act of 1949. Sec. 92. This order shall become effective on March 1, 2003. Sec. 93. This order does not create any right or benefit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. W THE WHITE HOUSE, February 28, 2003. [FR Doc. 03–5343 Filed 3–4–03; 8:45 am] Billing code 3195–01–P VerDate Jan<31>2003 23:17 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\05MRE0.SGM 05MRE0

Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security

2003-02-28T00:00:00

25f5d2e7dd2cd1519b6576bfa2f16d24c6f1f70b0a0e8783eed0d16a0257cf87

Presidential Executive Order

03-05344 (13287)

Presidential Documents 10635 Title 3— The President Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents Executive Order 13287 of March 3, 2003 Preserve America By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Historic Preser- vation Act (16 U.S.C. 470 et seq.) (NHPA) and the National Environmental Policy Act (42 U.S.C. 4321 et seq.), it is hereby ordered: Section 1. Statement of Policy. It is the policy of the Federal Government to provide leadership in preserving America’s heritage by actively advancing the protection, enhancement, and contemporary use of the historic properties owned by the Federal Government, and by promoting intergovernmental cooperation and partnerships for the preservation and use of historic prop- erties. The Federal Government shall recognize and manage the historic properties in its ownership as assets that can support department and agency missions while contributing to the vitality and economic well-being of the Nation’s communities and fostering a broader appreciation for the develop- ment of the United States and its underlying values. Where consistent with executive branch department and agency missions, governing law, applicable preservation standards, and where appropriate, executive branch departments and agencies (‘‘agency’’ or ‘‘agencies’’) shall advance this policy through the protection and continued use of the historic properties owned by the Federal Government, and by pursuing partnerships with State and local governments, Indian tribes, and the private sector to promote the preservation of the unique cultural heritage of communities and of the Nation and to realize the economic benefit that these properties can provide. Agencies shall maximize efforts to integrate the policies, procedures, and practices of the NHPA and this order into their program activities in order to efficiently and effectively advance historic preservation objectives in the pursuit of their missions. Sec. 2. Building Preservation Partnerships. When carrying out its mission activities, each agency, where consistent with its mission and governing authorities, and where appropriate, shall seek partnerships with State and local governments, Indian tribes, and the private sector to promote local economic development and vitality through the use of historic properties in a manner that contributes to the long-term preservation and productive use of those properties. Each agency shall examine its policies, procedures, and capabilities to ensure that its actions encourage, support, and foster public-private initiatives and investment in the use, reuse, and rehabilitation of historic properties, to the extent such support is not inconsistent with other provisions of law, the Secretary of the Interior’s Standards for Arche- ology and Historic Preservation, and essential national department and agen- cy mission requirements. Sec. 3. Improving Federal Agency Planning and Accountability. (a) Accurate information on the state of Federally owned historic properties is essential to achieving the goals of this order and to promoting community economic development through local partnerships. Each agency with real property management responsibilities shall prepare an assessment of the current status of its inventory of historic properties required by section 110(a)(2) of the NHPA (16 U.S.C. 470h–2(a)(2)), the general condition and management needs of such properties, and the steps underway or planned to meet those manage- ment needs. The assessment shall also include an evaluation of the suitability of the agency’s types of historic properties to contribute to community economic development initiatives, including heritage tourism, taking into VerDate Jan<31>2003 23:21 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\05MRE1.SGM 05MRE1 10636 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents account agency mission needs, public access considerations, and the long- term preservation of the historic properties. No later than September 30, 2004, each covered agency shall complete a report of the assessment and make it available to the Chairman of the Advisory Council on Historic Preservation (Council) and the Secretary of the Interior (Secretary). (b) No later than September 30, 2004, each agency with real property management responsibilities shall review its regulations, management poli- cies, and operating procedures for compliance with sections 110 and 111 of the NHPA (16 U.S.C. 470h–2 & 470–3) and make the results of its review available to the Council and the Secretary. If the agency determines that its regulations, management policies, and operating procedures are not in compliance with those authorities, the agency shall make amendments or revisions to bring them into compliance. (c) Each agency with real property management responsibilities shall, by September 30, 2005, and every third year thereafter, prepare a report on its progress in identifying, protecting, and using historic properties in its ownership and make the report available to the Council and the Secretary. The Council shall incorporate this data into a report on the state of the Federal Government’s historic properties and their contribution to local eco- nomic development and submit this report to the President by February 15, 2006, and every third year thereafter. (d) Agencies may use existing information gathering and reporting systems to fulfill the assessment and reporting requirements of subsections 3(a)– (c) of this order. To assist agencies, the Council, in consultation with the Secretary, shall, by September 30, 2003, prepare advisory guidelines for agencies to use at their discretion. (e) No later than June 30, 2003, the head of each agency shall designate a senior policy level official to have policy oversight responsibility for the agency’s historic preservation program and notify the Council and the Secretary of the designation. This senior official shall be an assistant sec- retary, deputy assistant secretary, or the equivalent, as appropriate to the agency organization. This official, or a subordinate employee reporting di- rectly to the official, shall serve as the agency’s Federal Preservation Officer in accordance with section 110(c) of the NHPA. The senior official shall ensure that the Federal Preservation Officer is qualified consistent with guidelines established by the Secretary for that position and has access to adequate expertise and support to carry out the duties of the position. Sec. 4. Improving Federal Stewardship of Historic Properties. (a) Each agency shall ensure that the management of historic properties in its ownership is conducted in a manner that promotes the long-term preservation and use of those properties as Federal assets and, where consistent with agency missions, governing law, and the nature of the properties, contributes to the local community and its economy. (b) Where consistent with agency missions and the Secretary of the Inte- rior’s Standards for Archeology and Historic Preservation, and where appro- priate, agencies shall cooperate with communities to increase opportunities for public benefit from, and access to, Federally owned historic properties. (c) The Council is directed to use its existing authority to encourage and accept donations of money, equipment, and other resources from public and private parties to assist other agencies in the preservation of historic properties in Federal ownership to fulfill the goals of the NHPA and this order. (d) The National Park Service, working with the Council and in consulta- tion with other agencies, shall make available existing materials and informa- tion for education, training, and awareness of historic property stewardship to ensure that all Federal personnel have access to information and can develop the skills necessary to continue the productive use of Federally owned historic properties while meeting their stewardship responsibilities. VerDate Jan<31>2003 23:21 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\05MRE1.SGM 05MRE1 10637 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents (e) The Council, in consultation with the National Park Service and other agencies, shall encourage and recognize exceptional achievement by such agencies in meeting the goals of the NHPA and this order. By March 31, 2004, the Council shall submit to the President and the heads of agencies recommendations to further stimulate initiative, creativity, and efficiency in the Federal stewardship of historic properties. Sec. 5. Promoting Preservation Through Heritage Tourism. (a) To the extent permitted by law and within existing resources, the Secretary of Commerce, working with the Council and other agencies, shall assist States, Indian tribes, and local communities in promoting the use of historic properties for heritage tourism and related economic development in a manner that contributes to the long-term preservation and productive use of those properties. Such assistance shall include efforts to strengthen and improve heritage tourism activities throughout the country as they relate to Federally owned historic properties and significant natural assets on Federal lands. (b) Where consistent with agency missions and governing law, and where appropriate, agencies shall use historic properties in their ownership in conjunction with State, tribal, and local tourism programs to foster viable economic partnerships, including, but not limited to, cooperation and coordi- nation with tourism officials and others with interests in the properties. Sec. 6. National and Homeland Security Considerations. Nothing in this order shall be construed to require any agency to take any action or disclose any information that would conflict with or com- promise national and homeland security goals, policies, programs, or activi- ties. Sec. 7. Definitions. For the purposes of this order, the term ‘‘historic property’’ means any prehistoric or historic district, site, building, structure, and object included on or eligible for inclusion on the National Register of Historic Places in accordance with section 301(5) of the NHPA (16 U.S.C. 470w(5)). The term ‘‘heritage tourism’’ means the business and practice of attracting and accommodating visitors to a place or area based especially on the unique or special aspects of that locale’s history, landscape (including trail systems), and culture. The terms ‘‘Federally owned’’ and ‘‘in Federal owner- ship,’’ and similar terms, as used in this order, do not include properties acquired by agencies as a result of foreclosure or similar actions and that are held for a period of less than 5 years. Sec. 8. Judicial Review. This order is intended only to improve the internal management of the Federal Government and it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, VerDate Jan<31>2003 23:21 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\05MRE1.SGM 05MRE1 10638 Federal Register / Vol. 68, No. 43 / Wednesday, March 5, 2003 / Presidential Documents agencies, instrumentalities or entities, its officers or employees, or any other person. W THE WHITE HOUSE, March 3, 2003. [FR Doc. 03–05344 Filed 3–4–03; 8:45 am] Billing code 3195–01–P VerDate Jan<31>2003 23:21 Mar 04, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\05MRE1.SGM 05MRE1

Preserve America

2003-03-03T00:00:00

1785e0b0b06ffd9af4482ffe2c06c6cd29e486280458a74d21d583555e92f28c

Presidential Executive Order

03-2069 (13284)

Presidential Documents 4075 Federal Register Vol. 68, No. 18 Tuesday, January 28, 2003 Title 3— The President Executive Order 13284 of January 23, 2003 Amendment of Executive Orders, and Other Actions, in Con- nection With the Establishment of the Department of Home- land Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (Public Law 107–296), and the National Security Act of 1947, as amended (50 U.S.C. 401 et seq.), and in order to reflect responsibilities vested in the Secretary of Homeland Security and take other actions in connection with the establishment of the Department of Homeland Security, it is hereby ordered as follows: Section 1. Executive Order 13234 of November 9, 2001 (‘‘Presidential Task Force on Citizen Preparedness in the War on Terrorism’’), is amended by inserting ‘‘the Department of Homeland Security,’’ after ‘‘the Office of Man- agement and Budget,’’ in section 2(a). Sec. 2. Executive Order 13231 of October 16, 2001 (‘‘Critical Infrastructure Protection in the Information Age’’), is amended by: (a) inserting ‘‘(i) Secretary of Homeland Security;’’ after ‘‘or their des- ignees:’’ in section 6(a); and (b) renumbering the subsequent subsections in section 6(a) appropriately. Sec. 3. Executive Order 13228 of October 8, 2001 (‘‘Establishing the Office of Homeland Security and the Homeland Security Council’’), is amended by inserting ‘‘the Secretary of Homeland Security,’’ after ‘‘the Secretary of Transportation,’’ in section 5(b). Further, during the period from January 24, 2003, until March 1, 2003, the Secretary of Homeland Security shall have the responsibility for coordinating the domestic response efforts other- wise assigned to the Assistant to the President for Homeland Security pursu- ant to section 3(g) of Executive Order 13228. Sec. 4. Executive Order 13224 of September 23, 2001 (‘‘Blocking Property and Prohibiting Transactions with Persons Who Commit, Threaten to Commit, or Support Terrorism’’), as amended, is further amended by: (a) inserting ‘‘, the Secretary of Homeland Security,’’ after ‘‘the Secretary of the Treasury’’ in sections 1(b) and 1(d) (the first time it appears); and (b) inserting ‘‘, the Secretary of Homeland Security,’’ after ‘‘the Secretary of State’’ in sections 1(c) and 1(d) (the second time it appears), 5 (wherever it appears), and 7. Sec. 5. Executive Order 13151 of April 27, 2000 (‘‘Global Disaster Information Network’’), is amended by: (a) inserting ‘‘(8) Department of Homeland Security;’’ after ‘‘(7) Department of Energy;’’ in section 2(a); and (b) renumbering the subsequent subsections in section 2(a) appropriately. Sec. 6. Executive Order 13122 of May 25, 1999 (‘‘Interagency Task Force on the Economic Development of the Southwest Border’’), is amended by inserting ‘‘Secretary of Homeland Security,’’ after ‘‘Secretary of the Treasury,’’ in section 1(b). Sec. 7. Executive Order 13048 of June 10, 1997 (‘‘Improving Administrative Management in the Executive Branch’’), is amended by: (a) inserting ‘‘15. Department of Homeland Security;’’ after ‘‘14. Department of Veterans Affairs;’’ in section 1(a); and VerDate Dec<13>2002 09:57 Jan 27, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0 4076 Federal Register / Vol. 68, No. 18 / Tuesday, January 28, 2003 / Presidential Documents (b) renumbering all subsequent subsections in section 1(a) appropriately. Sec. 8. Executive Order 12992 of March 15, 1996 (‘‘President’s Council on Counter-Narcotics’’), as amended, is further amended by: (a) inserting ‘‘(n) Secretary of Homeland Security;’’ after ‘‘(m) Secretary of Veterans Affairs;’’ in section 2; and (b) relettering all subsequent subsections in section 2 appropriately. Sec. 9. Executive Order 12881 of November 23, 1993 (‘‘Establishment of the National Science and Technology Council’’), is amended by: (a) inserting ‘‘(i) Secretary of Homeland Security;’’ after ‘‘(h) Secretary of the Interior;’’ in section 2; and (b) relettering all subsequent subsections in section 2 appropriately. Sec. 10. Executive Order 12859 of August 16, 1993 (‘‘Establishment of the Domestic Policy Council’’), is amended by: (a) inserting ‘‘(o) Secretary of Homeland Security;’’ after ‘‘(n) Secretary of the Treasury;’’ in section 2; and (b) relettering all subsequent subsections in section 2 appropriately. Sec. 11. Executive Order 12590 of March 26, 1987 (‘‘National Drug Policy Board’’), is amended by: (a) inserting ‘‘(13) the Secretary of Homeland Security;’’ after ‘‘(12) the Secretary of Education;’’ in section 1(b); and (b) renumbering all subsequent subsections in section 1(b) appropriately. Sec. 12. Executive Order 12260 of December 31, 1980 (‘‘Agreement on Gov- ernment Procurement’’), as amended, is further amended by: (a) inserting ‘‘14. Department of Homeland Security’’ after ‘‘13. Department of Health and Human Services’’ in the Annex; and (b) renumbering all subsequent subsections in the Annex appropriately. Sec. 13. Executive Order 11958 of January 18, 1977 (‘‘Administration of Arms Export Controls’’), as amended, is further amended by: (a) striking ‘‘Secretary of the Treasury’’ wherever it appears in section 1(l)(2) and inserting ‘‘Attorney General’’ in lieu thereof; and (b) inserting ‘‘the Attorney General,’’ after ‘‘the Secretary of the Treasury,’’ in section 2(a). Sec. 14. Executive Order 11423 of August 16, 1968 (‘‘Providing for the Performance of Certain Functions Heretofore Performed by the President with Respect to Certain Facilities Constructed and Maintained on the Borders of the United States’’), as amended, is further amended by inserting ‘‘the Secretary of Homeland Security,’’ after ‘‘the Secretary of Transportation,’’ in section 1(b). Sec. 15. Executive Order 10865 of February 20, 1960 (‘‘Safeguarding Classified Information Within Industry’’), as amended, is further amended by inserting ‘‘the Secretary of Homeland Security,’’ after ‘‘the Secretary of Energy,’’ in section 1. Sec. 16. Executive Order 13011 of July 16, 1996 (‘‘Federal Information Tech- nology’’), is amended by: (a) inserting ‘‘15. Department of Homeland Security;’’ after ‘‘14. Department of Veterans Affairs;’’ in section 3(b); and (b) renumbering all subsequent subsections in section 3(b) appropriately. Sec. 17. Those elements of the Department of Homeland Security that are supervised by the Department’s Under Secretary for Information Analysis and Infrastructure Protection through the Department’s Assistant Secretary for Information Analysis, with the exception of those functions that involve no analysis of foreign intelligence information, are designated as elements of the Intelligence Community under section 201(h) of the Homeland Security Act of 2002 and section 3(4) of the National Security Act of 1947, as amended (50 U.S.C. 401a). VerDate Dec<13>2002 09:57 Jan 27, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0 4077 Federal Register / Vol. 68, No. 18 / Tuesday, January 28, 2003 / Presidential Documents Sec. 18. Executive Order 12333 of December 4, 1981 (‘‘United States Intel- ligence Activities’’), is amended in Part 3.4(f) by: (a) striking ‘‘and’’ at the end of subpart 3.4(f)(6); (b) striking the period and inserting ‘‘; and’’ at the end of subpart 3.4(f)(7); and (c) adding a new subpart 3.4(f)(8) to read as follows: ‘‘(8) Those elements of the Department of Homeland Security that are supervised by the Depart- ment’s Under Secretary for Information Analysis and Infrastructure Protection through the Department’s Assistant Secretary for Information Analysis, with the exception of those functions that involve no analysis of foreign intel- ligence information.’’ Sec. 19. Functions of Certain Officials in the Department of Homeland Security. The Secretary of Homeland Security, the Deputy Secretary of Homeland Security, the Under Secretary for Information Analysis and Infrastructure Protection, Department of Homeland Security, and the Assistant Secretary for Information Analysis, Department of Homeland Security, each shall be considered a ‘‘Senior Official of the Intelligence Community’’ for purposes of Executive Order 12333, and all other relevant authorities, and shall: (a) recognize and give effect to all current clearances for access to classified information held by those who become employees of the Department of Homeland Security by operation of law pursuant to the Homeland Security Act of 2002 or by Presidential appointment; (b) recognize and give effect to all current clearances for access to classified information held by those in the private sector with whom employees of the Department of Homeland Security may seek to interact in the discharge of their homeland security-related responsibilities; (c) make all clearance and access determinations pursuant to Executive Order 12968 of August 2, 1995, or any successor Executive Order, as to employees of, and applicants for employment in, the Department of Home- land Security who do not then hold a current clearance for access to classified information; and (d) ensure all clearance and access determinations for those in the private sector with whom employees of the Department of Homeland Security may seek to interact in the discharge of their homeland security-related respon- sibilities are made in accordance with Executive Order 12829 of January 6, 1993. Sec. 20. Pursuant to the provisions of section 1.4 of Executive Order 12958 of April 17, 1995 (‘‘Classified National Security Information’’), I hereby authorize the Secretary of Homeland Security to classify information origi- nally as ‘‘Top Secret.’’ Any delegation of this authority shall be in accordance with section 1.4 of that order or any successor Executive Orders. Sec. 21. This order shall become effective on January 24, 2003. VerDate Dec<13>2002 09:57 Jan 27, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0 4078 Federal Register / Vol. 68, No. 18 / Tuesday, January 28, 2003 / Presidential Documents Sec. 22. This order does not create any right or benefit, substantive or procedural, enforceable at law or equity, against the United States, its depart- ments, agencies, or other entities, its officers or employees, or any other person. W THE WHITE HOUSE, January 23, 2003. [FR Doc. 03–2069 Filed 1–27–03; 8:45 am] Billing code 3195–01–P VerDate Dec<13>2002 09:57 Jan 27, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\28JAE0.SGM 28JAE0

Amendment of Executive Orders, and Other Actions, in Connection With the Establishment of the Department of Homeland Security

2003-01-23T00:00:00

8cd55a835d812cd60830c9323c60ca8269576518044bf9e0eb444dbd0ea51ddc

Presidential Executive Order

03-1798 (13283)

Presidential Documents 3371 Federal Register Vol. 68, No. 16 Friday, January 24, 2003 Title 3— The President Executive Order 13283 of January 21, 2003 Establishing the Office of Global Communications 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 of the Office of Global Communications. There is hereby established within the White House Office an Office of Global Communications (the ‘‘Office’’) to be headed by a Deputy Assistant to the President for Global Communications. Sec. 2. Mission. The mission of the Office shall be to advise the President, the heads of appropriate offices within the Executive Office of the President, and the heads of executive departments and agencies (agencies) on utilization of the most effective means for the United States Government to ensure consistency in messages that will promote the interests of the United States abroad, prevent misunderstanding, build support for and among coalition partners of the United States, and inform international audiences. The Office shall provide such advice on activities in which the role of the United States Government is apparent or publicly acknowledged. Sec. 3. Functions. In carrying out its mission: (a) The Office shall assess the methods and strategies used by the United States Government (other than special activities as defined in Executive Order 12333 of December 4, 1981) to deliver information to audiences abroad. The Office shall coordinate the formulation among appropriate agencies of messages that reflect the strategic communications framework and prior- ities of the United States, and shall facilitate the development of a strategy among the appropriate agencies to effectively communicate such messages. (b) The Office shall work with the policy and communications offices of agencies in developing a strategy for disseminating truthful, accurate, and effective messages about the United States, its Government and policies, and the American people and culture. The Office may, after consulting with the Department of State and obtaining the approval of the Assistant to the President for National Security Affairs on the President’s behalf, work with cooperating foreign governments in the development of the strat- egy. In performing its work, the Office shall coordinate closely and regularly with the Assistant to the President for National Security Affairs, or the Assistant’s designee. (c) The Office shall work with appropriate agencies to coordinate the creation of temporary teams of communicators for short-term placement in areas of high global interest and media attention as determined by the Office. Team members shall include personnel from agencies to the extent permitted by law and subject to the availability of personnel. In performing its func- tions, each information team shall work to disseminate accurate and timely information about topics of interest to the on-site news media, and assist media personnel in obtaining access to information, individuals, and events that reinforce the strategic communications objectives of the United States and its allies. The Office shall coordinate when and where information teams should be deployed; provided, however, no information team shall be deployed abroad without prior consultation with the Department of State and the Department of Defense, and prior notification to the Office of the Assistant to the President for National Security Affairs. VerDate Dec<13>2002 08:08 Jan 23, 2003 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\24JAE0.SGM 24JAE0 3372 Federal Register / Vol. 68, No. 16 / Friday, January 24, 2003 / Presidential Documents (d) The Office shall encourage the use of state-of-the-art media and technology and shall advise the United States Government of events, technologies, and other communications tools that may be available for use in conveying information. Sec. 4. Administration. The Office of Administration within the Executive Office of the President shall provide the Office with administrative and related support, to the extent permitted by law and subject to the availability of appropriations, as directed by the Chief of Staff to the President to carry out the provisions of this order. Sec. 5. Relationship to Other Interagency Coordinating Mechanisms. Presi- dential direction regarding National Security Council-related mechanisms for coordination of national security policy shall apply with respect to the Office in the same manner as it applies with respect to other elements of the White House Office. Nothing in this order shall be construed to impair or otherwise affect any function assigned by law or by the President to the National Security Council or to the Assistant to the President for National Security Affairs. Sec. 6. Continuing Authorities. This order does not alter the existing authori- ties of any agency. Agencies shall assist the Deputy Assistant to the President for Global Communications, to the extent consistent with applicable law and direction of the President, and to the extent such assistance is consistent with national security objectives and with the mission of such agencies, in carrying out the Office’s mission. Sec. 7. General Provisions. (a) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by any party against the United States, its agencies, instrumentalities or entities, its officers or employees, or any other person. (b) Nothing in this order shall be construed to grant to the Office any authority to issue direction to agencies, officers, or employees. W THE WHITE HOUSE, January 21, 2003. [FR Doc. 03–1798 Filed 1–23–03; 8:45 am] Billing code 3195–01–P VerDate Dec<13>2002 08:08 Jan 23, 2003 Jkt 200001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\24JAE0.SGM 24JAE0

Establishing the Office of Global Communications

2003-01-21T00:00:00

2345f0d41954991f6c310b880a6dba547b4e7532c41c0bf416a29c95f712f850

Presidential Executive Order

02-32518 (13281)

Presidential Documents 78319 Federal Register Vol. 67, No. 246 Monday, December 23, 2002 Title 3— The President Executive Order 13281 of December 19, 2002 Half-Day Closing of Executive Departments and Agencies of the Federal Government on Tuesday, December 24, 2002 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. All executive branch departments and agencies of the Federal Government shall be closed and their employees excused from duty for the last half of the scheduled workday on Tuesday, December 24, 2002, the day before Christmas Day, except as provided in section 2 below. Sec. 2. The heads of executive branch departments and agencies may deter- mine that certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees must report for duty for the full scheduled workday on December 24, 2002, for reasons of national security or defense or other public reasons. Sec. 3. Tuesday, December 24, 2002, 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. W THE WHITE HOUSE, December 19, 2002. [FR Doc. 02–32518 Filed 12–20–02; 11:04 am] Billing code 3195–01–P VerDate 0ct<31>2002 16:56 Dec 20, 2002 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\23DEE0.SGM 23DEE0

Half-Day Closing of Executive Departments and Agencies of the Federal Government on Tuesday, December 24, 2002

2002-12-19T00:00:00

42fef89dd1679923283d6a2645ed691c0104b7928e7da7b02f30749687078743

Presidential Executive Order

02-31831 (13279)

Presidential Documents 77141 Federal Register Vol. 67, No. 241 Monday, December 16, 2002 Title 3— The President Executive Order 13279 of December 12, 2002 Equal Protection of the Laws for Faith-Based and Community Organizations 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 section 301 of title 3, United States Code, and in order to guide Federal agencies in formulating and developing policies with implications for faith-based organizations and other community organi- zations, to ensure equal protection of the laws for faith-based and community organizations, to further the national effort to expand opportunities for, and strengthen the capacity of, faith-based and other community organiza- tions so that they may better meet social needs in America’s communities, and to ensure the economical and efficient administration and completion of Government contracts, it is hereby ordered as follows: Section 1. Definitions. For purposes of this order: (a) ‘‘Federal financial assistance’’ means assistance that non-Federal entities receive or administer in the form of grants, contracts, loans, loan guarantees, property, cooperative agreements, food commodities, direct appropriations, or other assistance, but does not include a tax credit, deduction, or exemption. (b) ‘‘Social service program’’ means a program that is administered by the Federal Government, or by a State or local government using Federal financial assistance, and that provides services directed at reducing poverty, improving opportunities for low-income children, revitalizing low-income communities, empowering low-income families and low-income individuals to become self-sufficient, or otherwise helping people in need. Such programs include, but are not limited to, the following: (i) child care services, protective services for children and adults, services for children and adults in foster care, adoption services, services related to the management and maintenance of the home, day care services for adults, and services to meet the special needs of children, older individuals, and individuals with disabilities (including physical, mental, or emotional disabilities); (ii) transportation services; (iii) job training and related services, and employment services; (iv) information, referral, and counseling services; (v) the preparation and delivery of meals and services related to soup kitchens or food banks; (vi) health support services; (vii) literacy and mentoring programs; (viii) services for the prevention and treatment of juvenile delinquency and substance abuse, services for the prevention of crime and the provision of assistance to the victims and the families of criminal offenders, and services related to intervention in, and prevention of, domestic violence; and (ix) services related to the provision of assistance for housing under Federal law. (c) ‘‘Policies that have implications for faith-based and community organi- zations’’ refers to all policies, programs, and regulations, including official VerDate 0ct<31>2002 15:20 Dec 13, 2002 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 77142 Federal Register / Vol. 67, No. 241 / Monday, December 16, 2002 / Presidential Documents guidance and internal agency procedures, that have significant effects on faith-based organizations participating in or seeking to participate in social service programs supported with Federal financial assistance. (d) ‘‘Agency’’ means a department or agency in the executive branch. (e) ‘‘Specified agency heads’’ mean the Attorney General, the Secretaries of Agriculture, Education, Health and Human Services, Housing and Urban Development, and Labor, and the Administrator of the Agency for Inter- national Development. Sec. 2. Fundamental Principles and Policymaking Criteria. In formulating and implementing policies that have implications for faith- based and community organizations, agencies that administer social service programs supported with Federal financial assistance shall, to the extent permitted by law, be guided by the following fundamental principles: (a) Federal financial assistance for social service programs should be dis- tributed in the most effective and efficient manner possible; (b) The Nation’s social service capacity will benefit if all eligible organiza- tions, including faith-based and other community organizations, are able to compete on an equal footing for Federal financial assistance used to support social service programs; (c) No organization should be discriminated against on the basis of religion or religious belief in the administration or distribution of Federal financial assistance under social service programs; (d) All organizations that receive Federal financial assistance under social services programs should be prohibited from discriminating against bene- ficiaries or potential beneficiaries of the social services programs on the basis of religion or religious belief. Accordingly, organizations, in providing services supported in whole or in part with Federal financial assistance, and in their outreach activities related to such services, should not be allowed to discriminate against current or prospective program beneficiaries on the basis of religion, a religious belief, a refusal to hold a religious belief, or a refusal to actively participate in a religious practice; (e) The Federal Government must implement Federal programs in accord- ance with the Establishment Clause and the Free Exercise Clause of the First Amendment to the Constitution. Therefore, organizations that engage in inherently religious activities, such as worship, religious instruction, and proselytization, must offer those services separately in time or location from any programs or services supported with direct Federal financial assistance, and participation in any such inherently religious activities must be voluntary for the beneficiaries of the social service program supported with such Federal financial assistance; and (f) Consistent with the Free Exercise Clause and the Free Speech Clause of the Constitution, faith-based organizations should be eligible to compete for Federal financial assistance used to support social service programs and to participate fully in the social service programs supported with Federal financial assistance without impairing their independence, autonomy, expres- sion, or religious character. Accordingly, a faith-based organization that ap- plies for or participates in a social service program supported with Federal financial assistance may retain its independence and may continue to carry out its mission, including the definition, development, practice, and expres- sion of its religious beliefs, provided that it does not use direct Federal financial assistance to support any inherently religious activities, such as worship, religious instruction, or proselytization. Among other things, faith- based organizations that receive Federal financial assistance may use their facilities to provide social services supported with Federal financial assist- ance, without removing or altering religious art, icons, scriptures, or other symbols from these facilities. In addition, a faith-based organization that applies for or participates in a social service program supported with Federal financial assistance may retain religious terms in its organization’s name, VerDate 0ct<31>2002 15:20 Dec 13, 2002 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 77143 Federal Register / Vol. 67, No. 241 / Monday, December 16, 2002 / Presidential Documents select its board members on a religious basis, and include religious references in its organization’s mission statements and other chartering or governing documents. Sec. 3. Agency Implementation. (a) Specified agency heads shall, in coordination with the White House Office of Faith-Based and Community Initiatives (White House OFBCI), re- view and evaluate existing policies that have implications for faith-based and community organizations in order to assess the consistency of such policies with the fundamental principles and policymaking criteria articu- lated in section 2 of this order. (b) Specified agency heads shall ensure that all policies that have implica- tions for faith-based and community organizations are consistent with the fundamental principles and policymaking criteria articulated in section 2 of this order. Therefore, specified agency heads shall, to the extent permitted by law: (i) amend all such existing policies of their respective agencies to ensure that they are consistent with the fundamental principles and policymaking criteria articulated in section 2 of this order; (ii) where appropriate, implement new policies for their respective agen- cies that are consistent with and necessary to further the fundamental principles and policymaking criteria set forth in section 2 of this order; and (iii) implement new policies that are necessary to ensure that their respective agencies collect data regarding the participation of faith-based and community organizations in social service programs that receive Fed- eral financial assistance. (c) Within 90 days after the date of this order, each specified agency head shall report to the President, through the Director of the White House OFBCI, the actions it proposes to undertake to accomplish the activities set forth in sections 3(a) and (b) of this order. Sec. 4. Amendment of Executive Order 11246. Pursuant to section 121(a) of title 40, United States Code, and section 301 of title 3, United States Code, and in order to further the strong Federal interest in ensuring that the cost and progress of Federal procurement con- tracts are not adversely affected by an artificial restriction of the labor pool caused by the unwarranted exclusion of faith-based organizations from such contracts, section 204 of Executive Order 11246 of September 24, 1965, as amended, is hereby further amended to read as follows: ‘‘SEC. 204 (a) The Secretary of Labor may, when the Secretary deems that special circumstances in the national interest so require, exempt a contracting agency from the requirement of including any or all of the provisions of Section 202 of this Order in any specific contract, subcontract, or purchase order. (b) The Secretary of Labor may, by rule or regulation, exempt certain classes of contracts, subcontracts, or purchase orders (1) whenever work is to be or has been performed outside the United States and no recruitment of workers within the limits of the United States is involved; (2) for standard commercial supplies or raw materials; (3) involving less than specified amounts of money or specified numbers of workers; or (4) to the extent that they involve subcontracts below a specified tier. (c) Section 202 of this Order shall not apply to a Government contractor or subcontractor that is a religious corporation, association, educational insti- tution, or society, with respect to the employment of individuals of a par- ticular religion to perform work connected with the carrying on by such corporation, association, educational institution, or society of its activities. Such contractors and subcontractors are not exempted or excused from complying with the other requirements contained in this Order. (d) The Secretary of Labor may also provide, by rule, regulation, or order, for the exemption of facilities of a contractor that are in all respects separate VerDate 0ct<31>2002 15:20 Dec 13, 2002 Jkt 200001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0 77144 Federal Register / Vol. 67, No. 241 / Monday, December 16, 2002 / Presidential Documents and distinct from activities of the contractor related to the performance of the contract: provided, that such an exemption will not interfere with or impede the effectuation of the purposes of this Order: and provided further, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order.’’ Sec. 5. General Provisions. (a) This order supplements but does not supersede the requirements con- tained in Executive Orders 13198 and 13199 of January 29, 2001. (b) The agencies shall coordinate with the White House OFBCI concerning the implementation of this order. (c) Nothing in this order shall be construed to require an agency to take any action that would impair the conduct of foreign affairs or the national security. Sec. 6. Responsibilities of Executive Departments and Agencies. All executive departments and agencies (agencies) shall: (a) designate an agency employee 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. 7. Judicial Review. 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 agencies, or entities, its officers, employ- ees or agents, or any person. W THE WHITE HOUSE, December 12, 2002. [FR Doc. 02–31831 Filed 12–13–02; 12:09 pm] Billing code 3195–01–P VerDate 0ct<31>2002 15:20 Dec 13, 2002 Jkt 200001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\16DEE0.SGM 16DEE0

Equal Protection of the Laws for Faith-Based and Community Organizations

2002-12-12T00:00:00

b3b7320787fba7eb26e2a4ae0ae623350671307619538ca2fb2818ae547adedb

Presidential Executive Order

02-29832 (13277)

Presidential Documents 70305 Federal Register Vol. 67, No. 225 Thursday, November 21, 2002 Title 3— The President Executive Order 13277 of November 19, 2002 Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Act of 2002 By the authority vested in me as President by the Constitution and the laws of the United States, including the Trade Act of 2002 (the ‘‘Act’’) (Public Law 107–210) and section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Trade Promotion. (a) Except as provided in subsections (b) and (c) of this section, the authorities granted to and functions specifically as- signed to the President under Division B of the Act are delegated and assigned, respectively, to the United States Trade Representative (U.S. Trade Representative). (b) The exercise of the following authorities of, and functions specifically assigned to the President, under Division B of the Act are reserved to the President: (1) Section 2102(c)(1), (c)(6), (c)(10) and (e) of the Act; (2) Section 2103(a)(1), (a)(4), (a)(6), b(1), (c)(1)(B)(i), and (c)(2) of the Act; (3) Section 2105(a)(1) of the Act; and (4) Section 2108(b) of the Act. (c) (i) The Secretary of State, in consultation with the Secretary of Labor and the U.S. Trade Representative, shall carry out the functions of section 2102(c)(2) of the Act with respect to establishing consultative mechanisms. The U.S. Trade Representative, in consultation with the Secretary of State and the Secretary of Labor, shall carry out the reporting function under section 2102(c)(2). (ii) The Secretary of State, in consultation with the U.S. Trade Represent- ative, shall carry out the functions under section 2102(c)(3) of the Act with respect to establishing consultative mechanisms, with the advice and assistance of the Secretary of the Interior, the Secretary of Health and Human Services, the Administrator of the Environmental Protection Agency, the Secretary of Commerce and, as the Secretary of State deter- mines appropriate, the heads of such other departments and agencies. The U.S. Trade Representative, in consultation with the Secretary of State, shall carry out the reporting function under section 2103(c)(3). (iii) The U.S. Trade Representative shall carry out the functions under section 2102(c)(5) of the Act. The U.S. Trade Representative shall, in consultation with the Secretary of Labor, carry out the reporting function and the function of making a report available under section 2102(c)(5). (iv) The Secretary of Labor shall carry out section 2102(c)(7) of the Act, in consultation with the Secretary of State. (v) The Secretary of Labor, in consultation with the Secretary of State and the U.S. Trade Representative, shall carry out the functions under section 2102(c)(8) and (c)(9). (vi) The Secretary of the Treasury shall carry out section 2102(c)(12) of the Act, including any appropriate consultations with the Congress relating thereto. Sec. 2. Andean Trade. (a) Except as provided in subsection (b) of this section, the authorities granted and the functions specifically assigned to VerDate 0ct<31>2002 16:43 Nov 20, 2002 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\21NOE0.SGM 21NOE0 70306 Federal Register / Vol. 67, No. 225 / Thursday, November 21, 2002 / Presidential Documents the President under Division C of the Act are delegated and assigned respec- tively, to the U.S. Trade Representative, in consultation with the Secretaries of State, Commerce, the Treasury, and Labor. (b) The exercise of the following authorities of, and functions specifically assigned to, the President under Division C of the Act are reserved to the President: (i) The authority to proclaim under sections 204(b)(1) and 204(b)(3)(B)(ii), and the authority to designate beneficiary countries under section 204(b)(6)(B), of the Andean Trade Preference Act as amended by section 3103(a)(2) of the Act; and (ii) The authority to make determinations under section 203(e)(1)(B) of the Andean Trade Preference Act as amended by section 3103(b) of the Act. (c) The head of the executive department of which the United States Customs Service is a part shall take such actions to carry out determinations and actions pursuant to the Andean Trade Preference Act, as amended, as directed pursuant to the authority delegated to the U.S. Trade Representa- tive under this order. Sec. 3. Guidance for Exercising Authority and Performing Duties. (a) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals. (b) In exercising authority delegated by, or performing functions assigned in, this order, and in performing duties related to the trade agreements program as defined in Executive Order 11846, officers of the United States: (i) 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, including the commencement, conduct, and termi- nation of negotiations with foreign countries and international organiza- tions, (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 Presi- dent may judge necessary or expedient, and (D) supervise the unitary executive branch; (ii) May redelegate authority delegated by this order and may further assign functions assigned by this order to officers of any other department or agency within the executive branch to the extent permitted by law and such redelegation or further assignment shall be published in the Federal Register; and (iii) Shall consult the Attorney General as appropriate in implementing this subsection. Sec. 4. Amendment to Executive Order 11846. Section 1 of Executive Order 11846 of March 27, 1975, as amended, is further amended by inserting ‘‘, Divisions B and C of the Trade Act of 2002,’’ after ‘‘Trade Expansion Act of 1962, as amended’’. VerDate 0ct<31>2002 16:43 Nov 20, 2002 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\21NOE0.SGM 21NOE0 70307 Federal Register / Vol. 67, No. 225 / Thursday, November 21, 2002 / Presidential Documents Sec. 5. Judicial Review. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. W THE WHITE HOUSE, November 19, 2002. [FR Doc. 02–29832 Filed 11–20–02; 8:50 am] Billing code 3195–01–P VerDate 0ct<31>2002 16:43 Nov 20, 2002 Jkt 200001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\21NOE0.SGM 21NOE0

Delegation of Certain Authorities and Assignment of Certain Functions Under the Trade Act of 2002

2002-11-19T00:00:00

232a6c4e4c6eeca8b5ffd3bc6dfb20e5267e659b59d95e9dcd096fa9f8dc76e7

Presidential Executive Order

03-13694 (13304)

Presidential Documents 32315 Federal Register Vol. 68, No. 103 Thursday, May 29, 2003 Title 3— The President Executive Order 13304 of May 28, 2003 Termination of Emergencies With Respect to Yugoslavia and Modification of Executive Order 13219 of June 26, 2001 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et seq.) (IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participation Act of 1945, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, have determined that the situations that gave rise to the declarations of national emergencies in Executive Order 12808 of May 30, 1992, and Executive Order 13088 of June 9, 1998, with respect to the former Socialist Federal Republic of Yugoslavia, have been significantly altered by the peaceful transi- tion to democracy and other positive developments in Serbia and Montenegro (formerly the Federal Republic of Yugoslavia (Serbia and Montenegro)). Ac- cordingly, I hereby terminate the national emergencies declared in those orders and revoke those and all related orders (Executive Orders 12810 of June 5, 1992, 12831 of January 15, 1993, 12846 of April 25, 1993, 12934 of October 25, 1994, 13121 of April 30, 1999, and 13192 of January 17, 2001). At the same time, and in order to take additional steps with respect to continuing, widespread, and illicit actions that obstruct implementation of the Ohrid Framework Agreement of 2001, relating to Macedonia, United Nations Security Council Resolution 1244 of June 10, 1999, relating to Kosovo, or the Dayton Accords or the Conclusions of the Peace Implementa- tion Conference Council held in London on December 8–9, 1995, including the decisions or conclusions of the High Representative, the Peace Implemen- tation Council or its Steering Board, relating to Bosnia and Herzegovina, including the harboring of individuals indicted by the International Criminal Tribunal for the former Yugoslavia, and the national emergency described and declared in Executive Order 13219 of June 26, 2001, I hereby order: Section 1. Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination of the national emergencies declared in Executive Order 12808 of May 30, 1992, and Executive Order 13088 of June 9, 1998, 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. Pursuant to section 207 of IEEPA (50 U.S.C. 1706), I hereby determine that the continu- ation of prohibitions with regard to transactions involving any property blocked pursuant to Executive Orders 12808 or 13088 that continues to be blocked as of the effective date of this order is necessary on account of claims involving successor states to the former Socialist Federal Republic of Yugoslavia or other potential claimants. Sec. 2. The Annex to Executive Order 13219 of June 26, 2001, is replaced and superseded in its entirety by the Annex to this order. Sec. 3. (a) Section 1(a) and 1(b) of Executive Order 13219 are revised to read as follows: ‘‘Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), and the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX, Public Law 106– VerDate Jan<31>2003 15:49 May 28, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\29MYE0.SGM 29MYE0 32316 Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / Presidential Documents 387), and in regulations, orders, directives, or licenses that may hereafter 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: (i) the persons listed in the Annex to this order; and (ii) persons designated by the Secretary of the Treasury, in consultation with the Secretary of State, because they are determined: (A) to be under open indictment by the International Criminal Tribunal for the former Yugoslavia, unless circumstances warrant otherwise, or (B) to have committed, or to pose a significant risk of committing, acts of violence that have the purpose or effect of threatening the peace in or diminishing the stability or security of any area or state in the Western Balkans region, undermining the authority, efforts, or objectives of inter- national organizations or entities present in the region, or endangering the safety of persons participating in or providing support to the activities of those international organizations or entities, or (C) to have actively obstructed, or pose a significant risk of actively ob- structing, the Ohrid Framework Agreement of 2001 relating to Macedonia, United Nations Security Council Resolution 1244 relating to Kosovo, or the Dayton Accords or the Conclusions of the Peace Implementation Con- ference held in London on December 8–9, 1995, including the decisions or conclusions of the High Representative, the Peace Implementation Council or its Steering Board, relating to Bosnia and Herzegovina, or (D) to have materially assisted in, sponsored, or provided financial, mate- rial, or technological support for, or goods or services in support of, such acts of violence or obstructionism or any person listed in or designated pursuant to this order, or (E) to be owned or controlled by, or acting or purporting to act directly or indirectly for or on behalf of, any person listed in or designated pursuant to this order, that are or 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. (b) 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 deter- mined to be subject to the sanctions imposed under this order would seri- ously impair the ability to deal with the national emergency declared in this order, and hereby prohibit such donations as provided in paragraph (a) of this section.’’ Sec. 4. New sections 7 and 8 are added to Executive Order 13219 to read as follows: ‘‘Sec. 7. For those persons listed in the Annex to this order or determined to be subject to the sanctions imposed under this order who might have a constitutional presence in the United States, I have determined 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. 8. The Secretary of the Treasury, in consultation with the Secretary of State, is authorized to determine, subsequent to the issuance of this order, that circumstances no longer warrant inclusion of a person in the Annex to this order and that such person is therefore no longer covered within the scope of the sanctions set forth herein. Such a determination shall become effective upon publication in the Federal Register.’’ Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulgation VerDate Jan<31>2003 15:49 May 28, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\29MYE0.SGM 29MYE0 32317 Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / Presidential Documents of rules and regulations, and to employ all powers granted to the President by IEEPA and UNPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these func- tions to other officers and agencies of the United States Government. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. Sec. 6. Nothing contained in this order shall create any right or benefit or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. Sec. 7. This order is effective at 12:01 a.m. eastern daylight time on May 29, 2003. This order shall be transmitted to the Congress and published in the Federal Register. W THE WHITE HOUSE, May 28, 2003. Billing code 3195–01–P VerDate Jan<31>2003 15:49 May 28, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\29MYE0.SGM 29MYE0 32318 Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / Presidential Documents VerDate Jan<31>2003 15:49 May 28, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\29MYE0.SGM 29MYE0 ED29MY03.058</GPH> 32319 Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / Presidential Documents VerDate Jan<31>2003 15:49 May 28, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\29MYE0.SGM 29MYE0 ED29MY03.059</GPH> 32320 Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / Presidential Documents VerDate Jan<31>2003 16:36 May 28, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\29MYE0.SGM 29MYE0 ED29MY03.060</GPH> 32321 Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / Presidential Documents VerDate Jan<31>2003 16:36 May 28, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\29MYE0.SGM 29MYE0 ED29MY03.061</GPH> 32322 Federal Register / Vol. 68, No. 103 / Thursday, May 29, 2003 / Presidential Documents [FR Doc. 03–13694 Filed 5–28–03; 12:48 pm] Billing Code 4810–25–C VerDate Jan<31>2003 16:36 May 28, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\29MYE0.SGM 29MYE0 ED29MY03.062</GPH>

Termination of Emergencies With Respect to Yugoslavia and Modification of Executive Order 13219 of June 26, 2001

2003-05-28T00:00:00

9acdcdb0507bd84fd341364a67a740b16a88a5e4840cb13ba5778f5fa2d28696

Presidential Executive Order

02-31832 (13280)

Presidential Documents 77145 Federal Register / Vol. 67, No. 241 / Monday, December 16, 2002 / Presidential Documents Executive Order 13280 of December 12, 2002 Responsibilities of the Department of Agriculture and the Agency for International Development 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 social needs in America’s communities, it is hereby ordered as follows: Section 1. Establishment of Centers for Faith-Based and Community Initia- tives at the Department of Agriculture and the Agency for International Development. (a) The Secretary of Agriculture and the Administrator of the Agency for International Development 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, administra- tive 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 services. Sec. 3. Responsibilities of the Centers for Faith-Based and Community Initia- tives. 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 services by the agency, including but not limited to regulations, rules, orders, procure- ment, 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, procure- ment, and other internal policies and practices, and outreach activities; (d) propose the development of innovative pilot and demonstration pro- grams to increase the participation of faith- based and other community organizations in Federal as well as State and local initiatives; and VerDate 0ct<31>2002 14:13 Dec 13, 2002 Jkt 200001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE1.SGM 16DEE1 77146 Federal Register / Vol. 67, No. 241 / Monday, December 16, 2002 / Presidential Documents (e) develop and coordinate agency outreach efforts to disseminate informa- tion 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 two Centers described in section 1 of this order shall prepare and submit a report to 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 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 regard- ing the program activities of the agency and the preparation of applications or proposals for grants, cooperative agreements, contracts, and procure- ment. (c) Performance Indicators. The first report, filed 180 days after the date 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 Secretary of Agriculture and the Administrator of the Agency for International Development. The Secretary and the Adminis- trator 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. (b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, or entities, its officers, employees or agents, or any other person. W THE WHITE HOUSE, December 12, 2002. [FR Doc. 02–31832 Filed 12–12–02; 12:09 pm] Billing code 3195–01–P VerDate 0ct<31>2002 14:13 Dec 13, 2002 Jkt 200001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\16DEE1.SGM 16DEE1

Responsibilities of the Department of Agriculture and the Agency for International Development With Respect to Faith-Based and Community Initiatives

2002-12-12T00:00:00

556499016ac6b557976beb2c2f2f2f60f8efd1ad17dbdb47815158fb2d9fbb1c

Presidential Executive Order

03-464 (13282)

Presidential Documents 1133 Federal Register Vol. 68, No. 5 Wednesday, January 8, 2003 Title 3— The President Executive Order 13282 of December 31, 2002 Adjustments of Certain Rates of Pay By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is hereby ordered as follows: Section 1. Statutory Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and made a part hereof: (a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1; (b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and (c) The schedules for the Veterans Health Administration of the Department of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102–40) at Schedule 3. Sec. 2. Senior Executive Service. The rates of basic pay for senior executives in the Senior Executive Service, as adjusted under 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof. Sec. 3. Executive Salaries. The rates of basic pay or salaries for the following offices and positions 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), and section 140 of Public Law 97–92) at Schedule 7. Sec. 4. Uniformed Services. Pursuant to section 601(a)-(b) of Public Law 107–314, the rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof. Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to sections 5304 and 5304a of title 5, United States Code, 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, 2003. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2003. VerDate Dec<13>2002 15:42 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 1134 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents Sec. 8. Prior Order Superseded. Executive Order 13249 of December 28, 2001, is superseded. W THE WHITE HOUSE, December 31, 2002. Billing code 3195–01–P VerDate Dec<13>2002 15:42 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 1135 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents VerDate Dec<13>2002 15:42 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 ED08JA03.000</GPH> 1136 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents VerDate Dec<13>2002 15:42 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 ED08JA03.001</GPH> 1137 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents VerDate Dec<13>2002 15:42 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 ED08JA03.002</GPH> 1138 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents VerDate Dec<13>2002 16:39 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 ED08JA03.003</GPH> 1139 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents VerDate Dec<13>2002 15:42 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 ED08JA03.004</GPH> 1140 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents VerDate Dec<13>2002 15:42 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 ED08JA03.005</GPH> 1141 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents VerDate Dec<13>2002 15:42 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 ED08JA03.006</GPH> 1142 Federal Register / Vol. 68, No. 5 / Wednesday, January 8, 2003 / Presidential Documents [FR Doc. 03–464 Filed 1–7–03; 8:45 am] Billing code 6125–01–C VerDate Dec<13>2002 18:31 Jan 07, 2003 Jkt 200001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\08JAE0.SGM 08JAE0 ED08JA03.007</GPH>

Adjustments of Certain Rates of Pay

2002-12-31T00:00:00

b48e31ba7ced98ee5ae8072f099a68f5b5abfbbc80c792cf8f5a44da0a2c4a43

Presidential Executive Order

02-25900 (13275)

Presidential Documents 62869 Federal Register / Vol. 67, No. 196 / Wednesday, October 9, 2002 / Presidential Documents Executive Order 13275 of October 7, 2002 Creating a Board of Inquiry To Report on Certain Labor Dis- putes Affecting the Maritime Industry of the United States WHEREAS, there exists a labor dispute between, on the one hand, employees represented by the International Longshore and Warehouse Union and, on the other hand, employers and the bargaining association of employers who are (1) U.S. and foreign steamship companies operating ships or employed as agents for ships engaged in service to or from the Pacific Coast ports in California, Oregon, and Washington, and (2) stevedore and terminal compa- nies operating at ports in California, Oregon, and Washington; and WHEREAS, such dispute has resulted in a lock-out that affects a substantial part of the maritime industry, an industry engaged in trade, commerce, transportation (including the transportation of military supplies), trans- mission, and communication among the several States and with foreign nations; and WHEREAS, a continuation of this lock-out, if permitted to continue, will imperil the national health and safety; NOW, THEREFORE, by virtue of the authority vested in me by section 206 of the Labor Management Relations Act, 1947 (61 Stat. 155; 29 U.S.C. 176) (the ‘‘Act’’), I hereby create a Board of Inquiry consisting of such members as I shall appoint to inquire into the issues involved in such dispute. The Board shall have powers and duties as set forth in title II of the Act. The Board shall report to me in accordance with the provisions of section 206 of the Act no later than October 8, 2002. Upon the submission of its report, the Board shall continue in existence in order to perform any additional functions under the Act, including those functions set forth in section 209(b), but shall terminate no later than upon completion of such functions. W THE WHITE HOUSE, October 7, 2002. [FR Doc. 02–25900 Filed 10–8–02; 8:45 am] Billing code 3195–01–P VerDate 0ct<02>2002 16:36 Oct 08, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\09OCE0.SGM 09OCE0

Creating a Board of Inquiry To Report on Certain Labor Disputes Affecting the Maritime Industry of the United States

2002-10-07T00:00:00

d26e3b997ee81cd06568358e7a14063ec73a1d94bfd8f4169d40515628d4ffdf

Presidential Executive Order

02-31624 (13278)

Presidential Documents 76671 Federal Register Vol. 67, No. 240 Friday, December 13, 2002 Title 3— The President Executive Order 13278 of December 11, 2002 President’s Commission on the United States Postal Service By the authority vested in me as President by the Constitution and the laws of the United States of America, and to ensure the efficient operation of the United States Postal Service while minimizing the financial exposure of the American taxpayers, it is hereby ordered as follows: Section 1. Establishment. There is established the President’s Commission on the United States Postal Service (Commission). Sec. 2. Membership. Commission shall be composed of nine members ap- pointed by the President. The President shall designate two members of the Commission to serve as Co-Chairs. Sec. 3. Mission. (a) The mission of the Commission shall be to examine the state of the United States Postal Service, and to prepare and submit to the President a report articulating a proposed vision for the future of the United States Postal Service and recommending the legislative and admin- istrative reforms needed to ensure the viability of postal services. (b) In fulfilling its mission, the Commission shall consider the following issues and such other issues relating to the Postal Service as the Commission determines appropriate: (i) the role of the Postal Service in the 21st century and beyond; (ii) the flexibility that the Postal Service should have to change prices, control costs, and adjust service in response to financial, competitive, or market pressures; (iii) the rigidities in cost or service that limit the efficiency of the postal system; (iv) the ability of the Postal Service, over the long term, to maintain universal mail delivery at affordable rates and cover its unfunded liabilities with minimum exposure to the American taxpayers; (v) the extent to which postal monopoly restrictions continue to advance the public interest under evolving market conditions, and the extent to which the Postal Service competes with private sector services; and (vi) the most appropriate governance and oversight structure for the Postal Service. Sec. 4. Administration. (a) The Department of the Treasury or any organiza- tional entity subject to the direction of the Secretary of the Treasury shall, to the extent permitted by law, provide administrative support and funding for the Commission. The Commission is established within the Department of the Treasury for administrative purposes only. (b) Members of the Commission shall serve without any 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) The Commission shall have a staff headed by an Executive Director. (d) The Commission, with the concurrence of the Secretary of the Treasury, may establish subcommittees, consisting of Commission members, as appro- priate, to aid in its work. VerDate 0ct<31>2002 08:51 Dec 12, 2002 Jkt 200001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\13DEE0.SGM 13DEE0 76672 Federal Register / Vol. 67, No. 240 / Friday, December 13, 2002 / Presidential Documents (e) Consistent with such guidance as the President or, on the President’s behalf, the Secretary of the Treasury, may provide, the Commission shall exchange information with and obtain advice from Members of Congress; Federal, State, local, and tribal officials; commercial, nonprofit, and residen- tial users of the United States Postal Service; and others, as appropriate, including through public hearings. (f) Insofar as the Federal Advisory Committee 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 Secretary of the Treasury, in accordance with the guidelines that have been issued by the Administrator of General Services. (g) 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. 5. Report. The Commission shall submit its report, consistent with its mission set forth in section 3 of this order, to the President, through the Secretary of the Treasury, not later than July 31, 2003. Sec. 6. General Provisions. (a) This order is intended only to improve the internal management of the Federal Government 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 30 days after submitting its report and in no event later than August 30, 2003. W THE WHITE HOUSE, December 11, 2002. [FR Doc. 02–31624 Filed 12–12–02; 8:45 am] Billing code 3195–01–P VerDate 0ct<31>2002 08:51 Dec 12, 2002 Jkt 200001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\13DEE0.SGM 13DEE0

President's Commission on the United States Postal Service

2002-12-11T00:00:00

2bf17c8baf3016290e72638a2ad1857b864ad9b37ace21da6114728c06b345f0

Presidential Executive Order

02-22526 (13273)

Presidential Documents 56215 Federal Register Vol. 67, No. 170 Tuesday, September 3, 2002 Title 3— The President Executive Order 13273 of August 21, 2002 Further Amending Executive Order 10173, as Amended, Pre- scribing Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities 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 1 of title II of the Act of June 15, 1917, as amended (50 U.S.C. 191) (the ‘‘Act’’), and in addition to the finding in Executive Order 10173 of October 18, 1950, and any other declaration or finding in force under section 1 of the Act, I find that the security of the United States is endangered by reason of disturbances in the international relations of the United States that have existed since the terrorist attacks on the United States of September 11, 2001, and that such disturbances continue to endanger such relations, and hereby order that: Part 6 of Title 33 of the Code of Federal Regulations is amended by: (a) Adding after section 6.01–5 the following new section: ‘‘6.01–6 Area Commander. ‘‘Area Commander,’’ as used in this part, means the officer of the Coast Guard designated by the Commandant to command a Coast Guard Area.’’; and (b) Amending section 6.04–1 to read as follows: ‘‘6.04–1 Enforcement. (a) The rules and regulations in this part shall be enforced by the Captain of the Port under the supervision and general direction of the District Commander, Area Commander, and the Commandant. All authority and power vested in the Captain of the Port by the regulations in this part shall be deemed vested in and may be exercised by the District Commander, Area Commander, and the Commandant. (b) The rules and regulations in this part may be enforced by any other officer or petty officer of the Coast Guard designated by the District Com- mander, Area Commander, or the Commandant. (c) Any authority or power under this part vested in, delegated to, or exercised by a member of the Coast Guard shall be subject to the direction of the Secretary of the Department in which the Coast Guard is operating.’’. W THE WHITE HOUSE, August 21, 2002. [FR Doc. 02–22526 Filed 8–30–02; 8:45 am] Billing code 3195–01–P VerDate Aug<23>2002 18:32 Aug 30, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03SEE0.SGM 03SEE0

Further Amending Executive Order 10173, as Amended, Prescribing Regulations Relating to the Safeguarding of Vessels, Harbors, Ports, and Waterfront Facilities of the United States

2002-08-21T00:00:00

7f98f1d6f32e5dff5ef0fd99ebbd1d5a9a5b1620d55b58ae4af92b0e2949a6d3

Presidential Executive Order

02-21056 (13272)

Presidential Documents 53461 Federal Register Vol. 67, No. 159 Friday, August 16, 2002 Title 3— The President Executive Order 13272 of August 13, 2002 Proper Consideration of Small Entities in Agency Rulemaking 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. General Requirements. Each agency shall establish procedures and policies to promote compliance with the Regulatory Flexibility Act, as amended (5 U.S.C. 601 et seq.) (the ‘‘Act’’). Agencies shall thoroughly review draft rules to assess and take appropriate account of the potential impact on small businesses, small governmental jurisdictions, and small organizations, as provided by the Act. The Chief Counsel for Advocacy of the Small Business Administration (Advocacy) shall remain available to advise agencies in performing that review consistent with the provisions of the Act. Sec. 2. Responsibilities of Advocacy. Consistent with the requirements of the Act, other applicable law, and Executive Order 12866 of September 30, 1993, as amended, Advocacy: (a) shall notify agency heads from time to time of the requirements of the Act, including by issuing notifications with respect to the basic require- ments of the Act within 90 days of the date of this order; (b) shall provide training to agencies on compliance with the Act; and (c) may provide comment on draft rules to the agency that has proposed or intends to propose the rules and to the Office of Information and Regu- latory Affairs of the Office of Management and Budget (OIRA). Sec. 3. Responsibilities of Federal Agencies. Consistent with the requirements of the Act and applicable law, agencies shall: (a) Within 180 days of the date of this order, issue written procedures and policies, consistent with the Act, to ensure that the potential impacts of agencies’ draft rules on small businesses, small governmental jurisdictions, and small organizations are properly considered during the rulemaking proc- ess. Agency heads shall submit, no later than 90 days from the date of this order, their written procedures and policies to Advocacy for comment. Prior to issuing final procedures and policies, agencies shall consider any such comments received within 60 days from the date of the submission of the agencies’ procedures and policies to Advocacy. Except to the extent otherwise specifically provided by statute or Executive Order, agencies shall make the final procedures and policies available to the public through the Internet or other easily accessible means; (b) Notify Advocacy of any draft rules that may have a significant economic impact on a substantial number of small entities under the Act. Such notifica- tions shall be made (i) when the agency submits a draft rule to OIRA under Executive Order 12866 if that order requires such submission, or (ii) if no submission to OIRA is so required, at a reasonable time prior to publication of the rule by the agency; and (c) Give every appropriate consideration to any comments provided by Advocacy regarding a draft rule. Consistent with applicable law and appro- priate protection of executive deliberations and legal privileges, an agency shall include, in any explanation or discussion accompanying publication in the Federal Register of a final rule, the agency’s response to any written comments submitted by Advocacy on the proposed rule that preceded the VerDate Aug<2,>2002 09:39 Aug 15, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\16AUE0.SGM pfrm12 PsN: 16AUE0 53462 Federal Register / Vol. 67, No. 159 / Friday, August 16, 2002 / Presidential Documents final rule; provided, however, that such inclusion is not required if the head of the agency certifies that the public interest is not served thereby. Agencies and Advocacy may, to the extent permitted by law, engage in an exchange of data and research, as appropriate, to foster the purposes of the Act. Sec. 4. Definitions. Terms defined in section 601 of title 5, United States Code, including the term ‘‘agency,’’ shall have the same meaning in this order. Sec. 5. Preservation of Authority. Nothing in this order shall be construed to impair or affect the authority of the Administrator of the Small Business Administration to supervise the Small Business Administration as provided in the first sentence of section 2(b)(1) of Public Law 85–09536 (15 U.S.C. 633(b)(1)). Sec. 6. Reporting. For the purpose of promoting compliance with this order, Advocacy shall submit a report not less than annually to the Director of the Office of Management and Budget on the extent of compliance with this order by agencies. Sec. 7. Confidentiality. Consistent with existing law, Advocacy may publicly disclose information that it receives from the agencies in the course of carrying out this order only to the extent that such information already has been lawfully and publicly disclosed by OIRA or the relevant rulemaking agency. Sec. 8. Judicial Review. This order is intended only to improve the internal management of the Federal Government. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforce- able at law or equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. W THE WHITE HOUSE, August 13, 2002. [FR Doc. 02–21056 Filed 08–15–02; 8:45 am] Billing code 3195–01–P VerDate Aug<2,>2002 09:39 Aug 15, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\16AUE0.SGM pfrm12 PsN: 16AUE0

Proper Consideration of Small Entities in Agency Rulemaking

2002-08-13T00:00:00

be8a2cc67e1fdf3309c0fb0ce6c3c084f9618ccb199194dac0d92c049ccc4b21

Presidential Executive Order

02-29580 (13276)

Presidential Documents 69985 Federal Register Vol. 67, No. 223 Tuesday, November 19, 2002 Title 3— The President Executive Order 13276 of November 15, 2002 Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 212(f) and 215(a)(1) of the Immigration and Nationality Act, as amended (8 U.S.C. 1182(f) and 1185(a)(1)), and section 301 of title 3, United States Code, and in order to delegate appropriate responsibilities to Federal agencies for responding to migration of undocumented aliens in the Caribbean region, it is hereby ordered: Section 1. Duties and Authorities of Agency Heads. Consistent with applica- ble law, (a)(i) The Attorney General may maintain custody, at any location he deems appropriate, of any undocumented aliens he has reason to believe are seeking to enter the United States and who are interdicted or intercepted in the Caribbean region. In this regard, the Attorney General shall provide and operate a facility, or facilities, to house and provide for the needs of any such aliens. Such a facility may be located at Guantanamo Bay Naval Base or any other appropriate location. (ii) The Attorney General may conduct any screening of such aliens that he deems appropriate, including screening to determine whether such aliens should be returned to their country of origin or transit, or whether they are persons in need of protection who should not be returned without their consent. If the Attorney General institutes such screening, then until a determination is made, the Attorney General shall provide for the custody, care, safety, transportation, and other needs of the aliens. The Attorney General shall continue to provide for the custody, care, safety, transportation, and other needs of aliens who are determined not to be persons in need of protection until such time as they are returned to their country of origin or transit. (b) The Secretary of State shall provide for the custody, care, safety, transportation, and other needs of undocumented aliens interdicted or inter- cepted in the Caribbean region whom the Attorney General has identified as persons in need of protection. The Secretary of State shall provide for and execute a process for resettling such persons in need of protection, as appropriate, in countries other than their country of origin, and shall also undertake such diplomatic efforts as may be necessary to address the problem of illegal migration of aliens in the Caribbean region and to facilitate the return of those aliens who are determined not to be persons in need of protection. (c)(i) The Secretary of Defense shall make available to the Attorney General and the Secretary of State, for the housing and care of any undocumented aliens interdicted or intercepted in the Caribbean region and taken into their custody, any facilities at Guantanamo Bay Naval Base that are excess to current military needs and the provision of which does not interfere with the operation and security of the base. The Secretary of Defense shall be responsible for providing access to such facilities and perimeter security. The Attorney General and the Secretary of State, respectively, shall be respon- sible for reimbursement for necessary supporting utilities. (ii) In the event of a mass migration in the Caribbean region, the Secretary of Defense shall provide support to the Attorney General and the Secretary VerDate 0ct<31>2002 20:53 Nov 18, 2002 Jkt 200001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\19NOE0.SGM 19NOE0 69986 Federal Register / Vol. 67, No. 223 / Tuesday, November 19, 2002 / Presidential Documents of State in carrying out the duties described in paragraphs (a) and (b) of this section regarding the custody, care, safety, transportation, and other needs of the aliens, and shall assume primary responsibility for these duties on a nonreimbursable basis as necessary to contain the threat to national security posed by the migration. The Secretary of Defense shall also provide support to the Coast Guard in carrying out the duties described in Executive Order 12807 of May 24, 1992, regarding interdiction of migrants. Sec. 2. Definitions. For purposes of this order, the term ‘‘mass migration’’ means a migration of undocumented aliens that is of such magnitude and duration that it poses a threat to the national security of the United States, as determined by the President. Sec. 3. Scope. (a) Nothing in this order shall be construed to impair or otherwise affect the authorities and responsibilities set forth in Executive Order 12807 of May 24, 1992. (b) Nothing in this order shall be construed to make reviewable in any judicial or administrative proceeding, or otherwise, any action, omission, or matter that otherwise would not be reviewable. (c) This order is intended only to improve the management of the executive branch. This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity or otherwise against the United States, its departments, agencies, entities, instrumental- ities, officers, employees, or any other person. (d) Any agency assigned any duties by this order may use the provisions of the Economy Act, 31 U.S.C. 1535 and 1536, to carry out such duties, to the extent permitted by such Act. (e) This order shall not be construed to require any procedure to determine whether a person is a refugee or otherwise in need of protection. W THE WHITE HOUSE, November 15, 2002. [FR Doc. 02–29580 Filed 11–18–02; 11:24 am] Billing code 3195–01–P VerDate 0ct<31>2002 20:53 Nov 18, 2002 Jkt 200001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\19NOE0.SGM 19NOE0

Delegation of Responsibilities Concerning Undocumented Aliens Interdicted or Intercepted in the Caribbean Region

2002-11-15T00:00:00

8181e95d6af9bca2866d81561c23d535257dfe868b55c7fbbced0f5970b43e73

Presidential Executive Order

02-17640 (13271)

Presidential Documents 46091 Federal Register Vol. 67, No. 133 Thursday, July 11, 2002 Title 3— The President Executive Order 13271 of July 9, 2002 Establishment of the Corporate Fraud Task Force By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to strengthen the efforts of the Department of Justice and Federal, State, and local agencies to inves- tigate and prosecute significant financial crimes, recover the proceeds of such crimes, and ensure just and effective punishment of those who per- petrate financial crimes, it is hereby ordered as follows: Section 1. Establishment. The Attorney General shall immediately establish within the Department of Justice a Corporate Fraud Task Force (Task Force). Without regard to any other provision of this order, the Task Force shall be subject to the authority of the Attorney General under applicable law. Sec. 2. Membership and Operation. Subject to section 4 of this order, the Task Force shall have the following members: (a) the Deputy Attorney General, who shall serve as Chair; (b) the Assistant Attorney General (Criminal Division); (c) the Assistant Attorney General (Tax Division); (d) the Director of the Federal Bureau of Investigation; (e) the United States Attorney for the Southern District of New York; (f) the United States Attorney for the Eastern District of New York; (g) the United States Attorney for the Northern District of Illinois; (h) the United States Attorney for the Eastern District of Pennsylvania; (i) the United States Attorney for the Central District of California; (j) the United States Attorney for the Northern District of California; (k) the United States Attorney for the Southern District of Texas; and (l) such other officers or employees of the Department of Justice as the Attorney General may from time to time designate. The Deputy Attorney General shall convene and direct the work of the Task Force in fulfilling all its functions under this order. The Deputy Attorney General may permit, when he deems it appropriate, the designee of a member of the Task Force, including those designated under section 4 of this order, to participate in lieu of the member. The Deputy Attorney General shall convene the first meeting of the Task Force within 10 days of the date of this order and shall thereafter convene the Task Force at such times as he deems appropriate. Sec. 3. Functions. Consistent with the constitutional authority of the Presi- dent, the authorities assigned to the Attorney General by law, and other applicable law, the Task Force shall: (a) provide direction for the investigation and prosecution of cases of securities fraud, accounting fraud, mail and wire fraud, money laundering, tax fraud based on such predicate offenses, and other related financial crimes committed by commercial entities and directors, officers, professional advis- ers, and employees thereof (hereinafter ‘‘financial crimes’’), when such cases are determined by the Deputy Attorney General, for purposes of this order, to be significant; (b) provide recommendations to the Attorney General for allocation and reallocation of resources of the Department of Justice for investigation and VerDate Jun<13>2002 15:23 Jul 10, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM pfrm20 PsN: 11JYE0 46092 Federal Register / Vol. 67, No. 133 / Thursday, July 11, 2002 / Presidential Documents prosecution of significant financial crimes, recovery of proceeds from such crimes to the extent permitted by law, and other matters determined by the Task Force from time to time to be of the highest priority in the investigation and prosecution of such crimes; and (c) make recommendations to the President, through the Attorney General, from time to time for: (i) action to enhance cooperation among departments, agencies, and entities of the Federal Government in the investigation and prosecution of significant financial crimes; (ii) action to enhance cooperation among Federal, State, and local au- thorities responsible for the investigation and prosecution of significant financial crimes; (iii) changes in rules, regulations, or policy to improve the effective investigation and prosecution of significant financial crimes; and (iv) recommendations to the Congress regarding such measures as the President may judge necessary and expedient relating to significant finan- cial crimes, or the investigation or prosecution thereof. Sec. 4. Additional Participation for Specified Functions. In the Task Force’s performance of the functions set forth in subsection 3(c) of this order, and to the extent permitted by law, the following officers of the executive branch shall be members of the Task Force in addition to such other officers of the Federal Government as the Deputy Attorney General deems appro- priate: (a) the Secretary of the Treasury; (b) the Chairman of the Securities and Exchange Commission; (c) the Chairman of the Commodities Futures Trading Commission; (d) the Chairman of the Federal Energy Regulatory Commission; and (e) the Chairman of the Federal Communications Commission. Sec. 5. Internal Management Purpose. This order is intended to improve the internal management of the Federal Government. This order is not in- tended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or equity or otherwise against the United States, its departments, agencies, entities, instrumentalities, officers, or employees, or any other person. Sec. 6. Termination. The Task Force shall terminate when directed by the President or, with the approval of the President, by the Attorney General. W THE WHITE HOUSE, July 9, 2002. [FR Doc. 02–17640 Filed 7–10–02; 11:15 am] Billing code 3195–01–P VerDate Jun<13>2002 15:23 Jul 10, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\11JYE0.SGM pfrm20 PsN: 11JYE0

Establishment of the Corporate Fraud Task Force

2002-07-09T00:00:00

137ec712280fcb1ab8b9dba0dc9994534ec339fa2713e2fadc45988cfb4e9044

Presidential Executive Order

02-24252 (13274)

Presidential Documents 59449 Federal Register Vol. 67, No. 184 Monday, September 23, 2002 Title 3— The President Executive Order 13274 of September 18, 2002 Environmental Stewardship and Transportation Infrastructure Project Reviews By the authority vested in me as President by the Constitution and the laws of the United States of America, and to enhance environmental steward- ship and streamline the environmental review and development of transpor- tation infrastructure projects, it is hereby ordered as follows: Section 1. Policy. The development and implementation of transportation infrastructure projects in an efficient and environmentally sound manner is essential to the well-being of the American people and a strong American economy. Executive departments and agencies (agencies) shall take appro- priate actions, to the extent consistent with applicable law and available resources, to promote environmental stewardship in the Nation’s transpor- tation system and expedite environmental reviews of high-priority transpor- tation infrastructure projects. Sec. 2. Actions. (a) For transportation infrastructure projects, agencies shall, in support of the Department of Transportation, formulate and implement administrative, policy, and procedural mechanisms that enable each agency required by law to conduct environmental reviews (reviews) with respect to such projects to ensure completion of such reviews in a timely and environmentally responsible manner. (b) In furtherance of the policy set forth in section 1 of this order, the Secretary of Transportation, in coordination with agencies as appropriate, shall advance environmental stewardship through cooperative actions with project sponsors to promote protection and enhancement of the natural and human environment in the planning, development, operation, and main- tenance of transportation facilities and services. (c) The Secretary of Transportation shall designate for the purposes of this order a list of high-priority transportation infrastructure projects that should receive expedited agency reviews and shall amend such list from time to time as the Secretary deems appropriate. For projects on the Sec- retary’s list, agencies shall to the maximum extent practicable expedite their reviews for relevant permits or other approvals, and take related actions as necessary, consistent with available resources and applicable laws, includ- ing those relating to safety, public health, and environmental protection. Sec. 3. Interagency Task Force. (a) Establishment. There is established, within the Department of Transportation for administrative purposes, the interagency ‘‘Transportation Infrastructure Streamlining Task Force’’ (Task Force) to: (i) monitor and assist agencies in their efforts to expedite a review of transportation infrastructure projects and issue permits or similar actions, as necessary; (ii) review projects, at least quarterly, on the list of priority projects pursuant to section 2(c) of this order; and (iii) identify and promote policies that can effectively streamline the process required to provide ap- provals for transportation infrastructure projects, in compliance with applica- ble law, while maintaining safety, public health, and environmental protec- tion. (b) Membership and Operation. The Task Force shall promote interagency cooperation and the establishment of appropriate mechanisms to coordinate Federal, State, tribal, and local agency consultation, review, approval, and permitting of transportation infrastructure projects. The Task Force shall consist exclusively of the following officers of the United States: the Secretary VerDate Sep<04>2002 21:23 Sep 20, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\23SEE0.SGM 23SEE0 59450 Federal Register / Vol. 67, No. 184 / Monday, September 23, 2002 / Presidential Documents of Agriculture, Secretary of Commerce, Secretary of Transportation (who shall chair the Task Force), Secretary of the Interior, Secretary of Defense, Administrator of the Environmental Protection Agency, Chairman of the Advisory Council on Historic Preservation, and 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 with the advice and consent of the Senate or a member of the Senior Executive Service. The Task Force shall report to the President through the Chairman of the Council on Environmental Quality. Sec. 4. Report. At least once each year, the Task Force shall submit to the President a report that: (a) Describes the results of the coordinated and expedited reviews on a project-by-project basis, and identifies those procedures and actions that proved to be most useful and appropriate in coordinating and expediting the review of the projects. (b) Identifies substantive and procedural requirements of Federal, State, tribal, and local laws, regulations, and Executive Orders that are inconsistent with, duplicative of, or are structured so as to restrict their efficient imple- mentation with other applicable requirements. (c) Makes recommendations regarding those additional actions that could be taken to: (i) address the coordination and expediting of reviews of transpor- tation infrastructure projects by simplifying and harmonizing applicable sub- stantive and procedural requirements; and (ii) elevate and resolve controver- sies among Federal, State, tribal, and local agencies related to the review or impacts of transportation infrastructure projects in a timely manner. (d) Provides any other recommendations that would, in the judgement of the Task Force, advance the policy set forth in section 1 of this order. 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, and legislative proposals. 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 not, create any right or benefit, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies, instrumentalities or entities, its officers or employees, or any other person. W THE WHITE HOUSE, September 18, 2002. [FR Doc. 02–24252 Filed 9–20–02; 8:45 am] Billing code 3195–01–P VerDate Sep<04>2002 21:23 Sep 20, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\23SEE0.SGM 23SEE0

Environmental Stewardship and Transportation Infrastructure Project Reviews

2002-09-18T00:00:00

22309b8c5f5337ef9750fbdc7b5ef9e1eb6448b2f32fd5a2c8d8a94de2f51f5a

Presidential Executive Order

02-17273 (13269)

Presidential Documents 45287 Federal Register / Vol. 67, No. 130 / Monday, July 8, 2002 / Presidential Documents Executive Order 13269 of July 3, 2002 Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 329 of the Immigra- tion and Nationality Act (8 U.S.C. 1440) (the ‘‘Act’’), and solely in order to provide expedited naturalization for aliens and noncitizen nationals serv- ing in an active-duty status in the Armed Forces of the United States during the period of the war against terrorists of global reach, it is hereby ordered as follows: For the purpose of determining qualification for the exception from the usual requirements for naturalization, I designate as a period in which the Armed Forces of the United States were engaged in armed conflict with a hostile foreign force the period beginning on September 11, 2001. Such period will be deemed to terminate on a date designated by future Executive Order. Those persons serving honorably in active-duty status in the Armed Forces of the United States, during the period beginning on September 11, 2001, and terminating on the date to be so designated, are eligible for naturalization in accordance with the statutory exception to the naturalization requirements, as provided in section 329 of the Act. Nothing contained in this order is intended to affect, nor does it affect, any other power, right, or obligation of the United States, its agencies, officers, employees, or any other person under Federal law or the law of nations. W THE WHITE HOUSE, July 3, 2002. [FR Doc. 02–17273 Filed 7–5–02; 10:21 am] Billing code 3195–01–P VerDate jun<06>2002 18:57 Jul 05, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\08JYE0.SGM pfrm15 PsN: 08JYE0

Expedited Naturalization of Aliens and Noncitizen Nationals Serving in an Active-Duty Status During the War on Terrorism

2002-07-03T00:00:00

53478d6b8abf495ddb7db8bc96987b0c16a5dd6dfff69f0142f061dce6d44234

Presidential Executive Order

02-17274 (13270)

Presidential Documents 45288 Federal Register / Vol. 67, No. 130 / Monday, July 8, 2002 / Presidential Documents Executive Order 13270 of July 3, 2002 Tribal Colleges and Universities 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. There is a unique relationship between the United States and Indian tribes, and a special relationship between the United States and Alaska Native entities. It is the policy of the Federal Government that this Nation’s commitment to educational excellence and opportunity must extend as well to the tribal colleges and universities (tribal colleges) that serve Indian tribes and Alaska Native entities. The President’s Board of Advisors on Tribal Colleges and Universities (the ‘‘Board’’) and the White House Initiative on Tribal Colleges and Universities (WHITCU) established by this order shall ensure that this national policy regarding tribal colleges is carried out with direct accountability at the highest levels of the Federal Government. Tribal colleges are both integral and essential to their communities. Often they are the only postsecondary institutions within some of our Nation’s poorest rural areas. They fulfill a vital role: in maintaining and preserving irreplaceable languages and cultural traditions; in offering a high-quality college education to younger students; and in providing job training and other career-building programs to adults and senior citizens. Tribal colleges provide crucial services in communities that continue to suffer high rates of unemployment and the resulting social and economic distress. The Federal Government’s commitment to tribal colleges is reaffirmed and the private sector can and should contribute to the colleges’ educational and cultural missions. Finally, postsecondary institutions can play a vital role in promoting excel- lence in early childhood, elementary, and secondary education. The Federal Government will therefore work to implement the innovations and reforms of the No Child Left Behind Act of 2001 (Public Law 107–110) in partnership with tribal colleges and their American Indian and Alaska Native commu- nities. Sec. 2. Definition of Tribal Colleges and Universities. Tribal colleges are those institutions cited in section 532 of the Equity in Educational Land- Grant Status Act of 1994 (7 U.S.C. 301 note), any other institution that qualifies for funding under the Tribally Controlled Community College Assist- ance Act of 1978 (25 U.S.C. 1801 et seq.), and Dine ´ College, authorized in the Navajo Community College Assistance Act of 1978, Public Law 95– 471, title II (25 U.S.C. 640a note). Sec. 3. Board of Advisors. (a) Establishment. There shall be established in the Department of Education a Presidential advisory committee entitled the President’s Board of Advisors on Tribal Colleges and Universities (the ‘‘Board’’). (b) Membership. The Board shall consist of not more than 15 members who shall be appointed by the President, one of whom shall be designated by the President as Chair. The Board shall include representatives of tribal colleges and may also include representatives of the higher, early childhood, elementary, and secondary education communities; tribal officials; health, business, and financial institutions; private foundations; and such other persons as the President deems appropriate. VerDate jun<06>2002 19:08 Jul 05, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\08JYE1.SGM pfrm15 PsN: 08JYE1 45289 Federal Register / Vol. 67, No. 130 / Monday, July 8, 2002 / Presidential Documents (c) Functions. The Board shall provide advice regarding the progress made by Federal agencies toward fulfilling the purposes and objectives of this order. The Board also shall provide recommendations to the President, through the Secretary of Education (Secretary), on ways the Federal Govern- ment can help tribal colleges: (1) use long-term development, endowment building, and planning to strengthen institutional viability; (2) improve financial management and security, obtain private-sector funding support, and expand and complement Federal education initia- tives; (3) develop institutional capacity through the use of new and emerging technologies offered by both the Federal and private sectors; (4) enhance physical infrastructure to facilitate more efficient operation and effective recruitment and retention of students and faculty; and (5) help implement the No Child Left Behind Act of 2001 and meet other high standards of educational achievement. (d) Meetings. The Board shall meet at least annually, at the request of the Secretary, to provide advice and consultation on tribal colleges and relevant Federal and private-sector activities, and to transmit reports and present recommendations. Sec. 4. White House Initiative on Tribal Colleges and Universities. There shall be established in the Department of Education, Office of the Secretary, the White House Initiative on Tribal Colleges and Universities (WHITCU). The WHITCU shall: (a) provide the staff support for the Board; (b) assist the Secretary in the role of liaison between the executive branch and tribal colleges; and (c) serve the Secretary in carrying out the Secretary’s responsibilities under this order. Sec. 5. Department and Agency Participation. Each participating executive department and agency (agency), as determined by the Secretary, shall ap- point a senior official who is a full-time officer of the Federal Government and who is responsible for management or program administration. The official shall report directly to the agency head, or to the agency head’s designee, on agency activity under this order and serve as liaison to the WHITCU. To the extent permitted by law and regulation, each agency shall provide appropriate information as requested by the WHITCU staff pursuant to this order. Sec. 6. Three-Year Federal Plan. (a) Content. Each agency identified by the Secretary shall develop and implement a Three-Year Plan of the agency’s efforts to fulfill the purposes of this order. These Three-Year Plans shall include annual performance indicators and appropriate measurable objectives for the agency. Among other relevant issues, the plans shall address how the agency intends to increase the capacity of tribal colleges to compete effectively for any available grants, contracts, cooperative agreements, and any other Federal resources, and to encourage tribal colleges to participate in Federal programs. The plans also may emphasize access to high-quality educational opportunities for economically disadvantaged Indian students, consistent with requirements of the No Child Left Behind Act of 2001; the preservation and revitalization of tribal languages and cultural traditions; and innovative approaches to better link tribal colleges with early childhood, elementary, and secondary education programs. The agency’s performance indicators and objectives should be clearly reflected in the agency’s annual budget submission to the Office of Management and Budget. To facilitate the attainment of these performance indicators and objectives, the head of each agency identified by the Secretary, shall provide, as appropriate, technical assistance and information to tribal colleges regarding the program activities of the agency VerDate jun<06>2002 19:08 Jul 05, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\08JYE1.SGM pfrm15 PsN: 08JYE1 45290 Federal Register / Vol. 67, No. 130 / Monday, July 8, 2002 / Presidential Documents and the preparation of applications or proposals for grants, contracts, or cooperative agreements. (b) Submission. Each agency shall submit its Three-Year Plan to the WHITCU. In consultation with the Board, the WHITCU shall then review these Three-Year Plans and develop an integrated Three-Year Plan for Assist- ance to Tribal Colleges, which the Secretary shall review and submit to the President. Agencies may revise their Three-Year Plans within the three- year period. (c) Annual Performance Reports. Each agency shall submit to the WHITCU an Annual Performance Report that measures the agency’s performance against the objectives set forth in its Three-Year Plan. In consultation with the Board, the WHITCU shall review and combine Annual Performance Reports into one annual report, which shall be submitted to the Secretary for review, in consultation with the Office of Management and Budget. Sec. 7. Private Sector. In cooperation with the Board, the WHITCU shall encourage the private sector to assist tribal colleges through increased use of such strategies as: (a) matching funds to support increased endowments; (b) developing expertise and more effective ways to manage finances, improve information systems, build facilities, and improve course offerings; and (c) increasing resources for and training of faculty. Sec. 8. Termination. The Board shall terminate 2 years after the date of this order unless the Board is renewed by the President prior to the end of that 2-year period. Sec. 9. Administration. (a) Compensation. Members of the Board shall serve without compensation, but shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermit- tently in Government service (5 U.S.C. 5701–5707). (b) Funding. The Board and the WHITCU shall be funded by the Depart- ment of Education. (c) Administrative Support. The Department of Education shall provide appropriate administrative services and staff support for the Board and the WHITCU. With the consent of the Department of Education, other agencies participating in the WHITCU shall provide administrative support (including detailees) to the WHITCU consistent with statutory authority. The Board and the WHITCU each shall have a staff and shall be supported at appropriate levels commensurate with that of similar White House Initiative Offices. (d) General Provisions. 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 of Education in accordance with the guidelines issued by the Administrator of General Services. VerDate jun<06>2002 19:08 Jul 05, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4790 Sfmt 4790 E:\FR\FM\08JYE1.SGM pfrm15 PsN: 08JYE1 45291 Federal Register / Vol. 67, No. 130 / Monday, July 8, 2002 / Presidential Documents Sec. 10. Revocation. Executive Order 13021 of October 19, 1996, as amended, is revoked. W THE WHITE HOUSE, July 3, 2002. [FR Doc. 02–17274 Filed 7–5–02; 10:22 am] Billing code 3195–01–P VerDate jun<06>2002 19:08 Jul 05, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4790 Sfmt 4790 E:\FR\FM\08JYE1.SGM pfrm15 PsN: 08JYE1

Tribal Colleges and Universities

2002-07-03T00:00:00

5b5005649bc8f3d948dcbfe0441dab1662c2bd0964b9c157e1c870fd5fd0ace1

Presidential Executive Order

02-16041 (13267)

Presidential Documents 42469 Federal Register / Vol. 67, No. 121 / Monday, June 24, 2002 / Presidential Documents Executive Order 13267 of June 20, 2002 Establishing a Transition Planning Office for the Department of Homeland Security Within the Office of Management and Budget By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Establishment. I hereby establish within the Office of Management and Budget (OMB) a Transition Planning Office for the Department of Home- land Security (the ‘‘Transition Planning Office’’), to be headed by the Director of the Transition Planning Office for the Department of Homeland Security (the ‘‘Director for Transition Planning’’). Sec. 2. Missions. The missions of the Transition Planning Office shall be to: (a) coordinate, guide, and conduct transition and related planning through- out the executive branch of the United States Government in preparation for establishment of the proposed Department of Homeland Security; and (b) consistent with Presidential guidance, work with the Congress as it considers legislation to establish that Department. Sec. 3. Administration. (a) The Director of OMB shall ensure that the Transi- tion Planning Office receives appropriate personnel (including detailees and assignees, as appropriate), funding, and administrative support for the Office, subject to the availability of appropriations. The Director of OMB is author- ized to make expenditures under section 522 of title 31, United States Code, as may be appropriate to carry out this order. (b) If an individual who is an Assistant to the President is appointed to serve simultaneously as Director for Transition Planning, the functioning, personnel, funds, records, and property of the office of the Assistant to the President and the office of the Director for Transition Planning shall be kept separate in the same manner as if the two offices were headed by two different individuals. Sec. 4. Other Departments and Agencies. This order does not alter the existing authorities of United States Government departments and agencies. In carrying out the missions set forth in section 2 of this order, all executive departments and agencies are directed to assist the Director for Transition Planning and the Transition Planning Office to the extent permitted by law. VerDate May<23>2002 08:48 Jun 21, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\24JNE1.SGM pfrm17 PsN: 24JNE1 42470 Federal Register / Vol. 67, No. 121 / Monday, June 24, 2002 / Presidential Documents Sec. 5. Termination. The Transition Planning Office, and all the authorities of this order, shall terminate within 90 days after the date on which legisla- tion creating the Department of Homeland Security is enacted, or within 1 year of the date of this order, whichever occurs first. W THE WHITE HOUSE, June 20, 2002. [FR Doc. 02–16041 Filed 6–21–01; 8:45 am] Billing code 3195–01–P VerDate May<23>2002 08:48 Jun 21, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\24JNE1.SGM pfrm17 PsN: 24JNE1

Establishing a Transition Planning Office for the Department of Homeland Security Within the Office of Management and Budget

2002-06-20T00:00:00

aa730fa21ab402b2c0e2a42d76a528e9fdad980687c755dc20ef024edf3e4d8d

Presidential Executive Order

02-16951 (13268)

Presidential Documents 44751 Federal Register Vol. 67, No. 128 Wednesday, July 3, 2002 Title 3— The President Executive Order 13268 of July 2, 2002 Termination of Emergency With Respect to the Taliban and Amendment of Executive Order 13224 of September 23, 2001 By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), the National Emergencies Act (50 U.S.C. 1601 et seq.) (NEA), section 5 of the United Nations Participa- tion Act of 1945, as amended (22 U.S.C. 287c), 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 13129 of July 4, 1999, with respect to the Taliban, in allowing territory under its control in Afghanistan to be used as a safe haven and base of operations for Usama bin Ladin and the Al-Qaida organiza- tion, has been significantly altered given the success of the military campaign in Afghanistan, and hereby revoke that order and terminate the national emergency declared in that order with respect to the Taliban. At the same time, and in order to take additional steps with respect to the grave acts of terrorism and threats of terrorism committed by foreign terrorists, the continuing and immediate threat of further attacks on United States nationals or the United States, and the national emergency described and declared in Executive Order 13224 of September 23, 2001, I hereby order: Section 1. The Annex to Executive Order 13224 of September 23, 2001, is amended by adding thereto the following persons in appropriate alphabet- ical order: Mohammed Omar (aka, Amir al-Mumineen [Commander of the Faithful]) The Taliban. Sec. 2. For the purposes of this order and Executive Order 13224 of September 23, 2001, the term ‘‘the Taliban’’ is also known as the ‘‘Taleban,’’ ‘‘Islamic Movement of Taliban,’’ ‘‘the Taliban Islamic Movement,’’ ‘‘Talibano Islami Tahrik,’’ and ‘‘Tahrike Islami’a Taliban’’. The Secretary of State, in consulta- tion with the Secretary of the Treasury, is hereby authorized to modify the definition of the term ‘‘the Taliban,’’ as appropriate. Sec. 3. Nothing contained in this order shall create any right or benefit, substantive or procedural, enforceable by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person. VerDate May<23>2002 14:30 Jul 02, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\03JYE0.SGM pfrm17 PsN: 03JYE0 44752 Federal Register / Vol. 67, No. 128 / Wednesday, July 3, 2002 / Presidential Documents Sec. 4. Pursuant to section 202 of the NEA (50 U.S.C. 1622), termination of the national emergency with respect to the Taliban shall not affect any action taken or proceeding pending not finally concluded or determined as of the date of this order, or any action or proceeding based on any act committed prior to the date of this order, or any rights or duties that matured or penalties that were incurred prior to the date of this order. W THE WHITE HOUSE, July 2, 2002. [FR Doc. 02–16951 Filed 7–2–02; 11:09 am] Billing code 3195–01–P VerDate May<23>2002 14:30 Jul 02, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\03JYE0.SGM pfrm17 PsN: 03JYE0

Termination of Emergency With Respect to the Taliban and Amendment of Executive Order 13224 of September 23, 2001

2002-07-02T00:00:00

786802320752aae3ae9ec2d91fad372098790f4e1596bcb6c5c4cedbea2a84e0

Presidential Executive Order

02-11166 (13263)

Presidential Documents 22337 Federal Register Vol. 67, No. 86 Friday, May 3, 2002 Title 3— The President Executive Order 13263 of April 29, 2002 President’s New Freedom Commission on Mental Health By the authority vested in me as President by the Constitution and the laws of the United States of America, and to improve America’s mental health service delivery system for individuals with serious mental illness and children with serious emotional disturbances, it is hereby ordered as follows: Section 1. Establishment. There is hereby established the President’s New Freedom Commission on Mental Health (Commission). Sec. 2. Membership. (a) The Commission’s membership shall be composed of: (i) Not more than fifteen members appointed by the President, including providers, payers, administrators, and consumers of mental health services and family members of consumers; and (ii) Not more than seven ex officio members, four of whom shall be designated by the Secretary of Health and Human Services, and the remain- ing three of whom shall be designated—one each—by the Secretaries of the Departments of Labor, Education, and Veterans Affairs. (b) The President shall designate a Chair from among the fifteen members of the Commission appointed by the President. Sec. 3. Mission. The mission of the Commission shall be to conduct a comprehensive study of the United States mental health service delivery system, including public and private sector providers, and to advise the President on methods of improving the system. The Commission’s goal shall be to recommend improvements to enable adults with serious mental illness and children with serious emotional disturbances to live, work, learn, and participate fully in their communities. In carrying out its mission, the Commission shall, at a minimum: (a) Review the current quality and effectiveness of public and private providers and Federal, State, and local government involvement in the deliv- ery of services to individuals with serious mental illnesses and children with serious emotional disturbances, and identify unmet needs and barriers to services. (b) Identify innovative mental health treatments, services, and technologies that are demonstrably effective and can be widely replicated in different settings. (c) Formulate policy options that could be implemented by public and private providers, and Federal, State, and local governments to integrate the use of effective treatments and services, improve coordination among service providers, and improve community integration for adults with serious mental illnesses and children with serious emotional disturbances. Sec. 4. Principles. In conducting its mission, the Commission shall adhere to the following principles: (a) The Commission shall focus on the desired outcomes of mental health care, which are to attain each individual’s maximum level of employment, self-care, interpersonal relationships, and community participation; (b) The Commission shall focus on community-level models of care that efficiently coordinate the multiple health and human service providers and public and private payers involved in mental health treatment and delivery of services; VerDate Apr<24>2002 14:27 May 02, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYE0.SGM pfrm13 PsN: 03MYE0 22338 Federal Register / Vol. 67, No. 86 / Friday, May 3, 2002 / Presidential Documents (c) The Commission shall focus on those policies that maximize the utility of existing resources by increasing cost effectiveness and reducing unneces- sary and burdensome regulatory barriers; (d) The Commission shall consider how mental health research findings can be used most effectively to influence the delivery of services; and (e) The Commission shall follow the principles of Federalism, and ensure that its recommendations promote innovation, flexibility, and accountability at all levels of government and respect the constitutional role of the States and Indian tribes. Sec. 5. Administration. (a) The Department of Health and Human Services, to the extent permitted by law, shall provide funding and administrative support for the Commission. (b) To the extent funds are available and as authorized by law for persons serving intermittently in Government service (5 U.S.C. 5701–5707), members of the Commission appointed from among private citizens of the United States may be allowed travel expenses while engaged in the work of the Commission, including per diem in lieu of subsistence. All members of the Commission who are officers or employees of the United States shall serve without compensation in addition to that received for their services as officers or employees of the United States. (c) The Commission shall have a staff headed by an Executive Director, who shall be selected by the President. To the extent permitted by law, office space, analytical support, and additional staff support for the Commis- sion shall be provided by executive branch departments and agencies. (d) Insofar as the Federal Advisory Committee 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 Department of Health and Human Services, in accordance with the guidelines that have been issued by the Administrator of General Services. Sec. 6. Reports. The Commission shall submit reports to the President as follows: (a) Interim Report. Within 6 months from the date of this order, an interim report shall describe the extent of unmet needs and barriers to care within the mental health system and provide examples of community- based care models with success in coordination of services and providing desired outcomes. (b) Final Report. The final report will set forth the Commission’s rec- ommendations, in accordance with its mission as stated in section 3 of this order. The submission date shall be determined by the Chair in consulta- tion with the President. Sec. 7. Termination. The Commission shall terminate 1 year from the date of this order, unless extended by the President prior to that date. W THE WHITE HOUSE, April 29, 2002. [FR Doc. 02–11166 Filed 5–2–02; 8:45 am] Billing code 3195–01–P VerDate Apr<24>2002 14:27 May 02, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\03MYE0.SGM pfrm13 PsN: 03MYE0

President's New Freedom Commission on Mental Health

2002-04-29T00:00:00

cfc37fda4a5428097d346d80a69bf90d402d2dae909a1a1cea377f32ea253fa3

Presidential Executive Order

02-14807 (13265)

Presidential Documents 39841 Federal Register Vol. 67, No. 112 Tuesday, June 11, 2002 Title 3— The President Executive Order 13265 of June 6, 2002 President’s Council on Physical Fitness and Sports By the authority vested in me as President by the Constitution and the laws of the United States of America, and to expand the executive branch’s program for physical fitness and sports and establish the President’s Council on Physical Fitness and Sports (the ‘‘Council’’), it is hereby ordered as follows: Section 1. Purpose. The Secretary of Health and Human Services (Secretary) shall, in carrying out his responsibilities for public health and human serv- ices, develop and coordinate a national program to enhance physical activity and sports participation. Through this program, the Secretary shall seek to: (a) expand national interest in and awareness of the benefits of regular physical activity and active sports participation; (b) stimulate and enhance coordination of programs within and among the private and public sectors that promote participation in, and safe and easy access to, physical activity and sports; (c) expand availability of quality information and guidance regarding phys- ical activity and sports participation; (d) integrate physical activity into a broader health-promotion and disease- prevention effort through Federal agencies and the private sector; and (e) target all Americans, with particular emphasis on children and adoles- cents, as well as populations or communities in which specific risks or disparities in participation in, access to, or knowledge about the benefits of physical activity have been identified. Sec. 2. The President’s Council on Physical Fitness and Sports. (a) There is hereby established the President’s Council on Physical Fitness and Sports. (b) The Council shall be composed of up to 20 members appointed by the President. The President may designate one or more members to be Chair or Vice Chair. Each member shall serve for a term of 2 years and may continue to serve after the expiration of that term until a successor is appointed. Sec. 3. Functions of the Council. (a) The Council shall advise the President, through the Secretary, con- cerning progress made in carrying out the provisions of this order and shall recommend to the President, through the Secretary, actions to accelerate progress. (b) The Council shall advise the Secretary on ways to enhance opportunities for participation in physical fitness and sports. Recommendations may ad- dress, but are not necessarily limited to, public awareness campaigns, Federal, State, and local physical activity initiatives, and partnership opportunities between public- and private-sector health-promotion entities. (c) The Council shall function as a liaison to relevant State, local, and private entities in order to advise the Secretary regarding opportunities to extend and improve physical activity programs and services at both the local and national levels. VerDate May<23>2002 09:54 Jun 10, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM pfrm17 PsN: 11JNE0 39842 Federal Register / Vol. 67, No. 112 / Tuesday, June 11, 2002 / Presidential Documents (d) The Council shall monitor the need for the enhancement of programs and educational and promotional materials sponsored, overseen, or dissemi- nated by the Council, and shall advise the Secretary as necessary concerning such need. Sec. 4. Administration. (a) Each Federal agency shall, to the extent permitted by law and subject to available funds, furnish such information and assistance to the Secretary and the Council as they may request. (b) The members of the Council shall serve without compensation for their work on the Council. Members of the Council may, however, receive travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in the Government (5 U.S.C. 5701– 5707). (c) To the extent permitted by law, the Secretary shall furnish the Council with necessary staff, supplies, facilities, and other administrative services. The expenses of the Council shall be paid from funds available to the Secretary. (d) The Secretary shall appoint an Executive Director of the Council who shall serve as a liaison to the Secretary and the White House on matters and activities pertaining to the Council. (e) The Council may establish subcommittees as appropriate to aid in its work. Such subcommittees shall meet on a voluntary basis and be defined by objectives established in coordination with and agreed upon by the Secretary and the President. (f) The seal prescribed by Executive Order 10830 of July 24, 1959, as amended, shall be the seal of the President’s Council on Physical Fitness and Sports established by this order. Sec. 5. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (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 and procedures issued by the Administrator of General Services. (b) In accordance with the Act, the Council shall terminate 2 years from the date of this order, unless extended by the President. (c) Executive Order 12345 of February 2, 1982, as amended, is revoked. W THE WHITE HOUSE, June 6, 2002. [FR Doc. 02–14807 Filed 6–10–02; 8:45 am] Billing code 3195–01–P VerDate May<23>2002 09:54 Jun 10, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\11JNE0.SGM pfrm17 PsN: 11JNE0

President's Council on Physical Fitness and Sports

2002-06-06T00:00:00

f8155defc12a708065d7164aed0c6a3ce65999e429808799af601495ac1e1214

Presidential Executive Order

02-14497 (13264)

Presidential Documents 39243 Federal Register / Vol. 67, No. 110 / Friday, June 7, 2002 / Presidential Documents Executive Order 13264 of June 4, 2002 Amendment to Executive Order 13180, Air Traffic Perform- ance-Based Organization By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered that Executive Order 13180 of December 7, 2000, is amended as follows: Section 1. The first sentence of that order is amended by deleting ‘‘, an inherently governmental function,’’. Sect. 2. Section 6 of that order is amended to read as follows: ‘‘This order is intended only to improve the internal management of the executive branch and is not intended to, nor does it, create any right to administrative or judicial review, or any right, whether substantive or procedural, enforce- able by any party against the United States, its agencies or instrumentalities, its officers or employees, or any other person.’’ W THE WHITE HOUSE, Washington, June 4, 2002. [FR Doc. 02–14497 Filed 6–6–02; 8:45 am] Billing code 3195–01–P VerDate May<23>2002 11:06 Jun 06, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\07JNE0.SGM pfrm17 PsN: 07JNE0

Amendment to Executive Order 13180, Air Traffic Performance-Based Organization

2002-06-04T00:00:00

3cb946e9a60b0141fb35d983c744df2b7c09837e1de6e335836b1483cd4485c2

Presidential Executive Order

02-16040 (13266)

Presidential Documents 42467 Federal Register Vol. 67, No. 121 Monday, June 24, 2002 Title 3— The President Executive Order 13266 of June 20, 2002 Activities To Promote Personal Fitness 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 efficiency and coordination of Federal policies related to personal fitness of the general public, it is hereby ordered as follows: Section 1. Policy. This order is issued consistent with the following findings and principles: (a) Growing scientific evidence indicates that an increasing number of Americans are suffering from negligible physical activity, poor dietary habits, insufficient utilization of preventive health screenings, and engaging in risky behaviors such as abuse of alcohol, tobacco, and drugs. (b) Existing information on the importance of appropriate physical activity, diet, preventive health screenings, and avoiding harmful substances is often not received by the public, or, if received, is not acted on sufficiently. (c) Individuals of all ages, locations, and levels of personal fitness can benefit from some level of appropriate physical activity, dietary guidance, preventive health screening, and making healthy choices. (d) While personal fitness is an individual responsibility, the Federal Government may, within the authority and funds otherwise available, expand the opportunities for individuals to empower themselves to improve their general health. Such opportunities may include improving the flow of infor- mation about personal fitness, assisting in the utilization of that information, increasing the accessibility of resources for physical activity, and reducing barriers to achieving good personal fitness. Sec. 2. Agency Responsibilities in Promoting Personal Fitness. (a) The Secretaries of Agriculture, Education, Health and Human Services (HHS), Housing and Urban Development, Interior, Labor, Transportation, and Veterans Affairs, and the Director of the Office of National Drug Policy shall review and evaluate the policies, programs, and regulations of their respective departments and offices that in any way relate to the personal fitness of the general public. Based on that review, the Secretaries and the Director shall determine whether existing policies, programs, and regula- tions of their respective departments and offices should be modified or whether new policies or programs could be implemented. These new policies and programs shall be consistent with otherwise available authority and appropriated funds, and shall improve the Federal Government’s assistance of individuals, private organizations, and State and local governments to (i) increase physical activity; (ii) promote responsible dietary habits; (iii) increase utilization of preventive health screenings; and (iv) encourage healthy choices concerning alcohol, tobacco, drugs, and safety among the general public. (b) Each department and office included in section 2(a) shall report to the President, through the Secretary of Health and Human Services, its proposed actions within 90 days of the date of this order. (c) There shall be a Personal Fitness Interagency Working Group (Working Group), composed of the Secretaries or Director of the departments and office included in section 2(a) (or their designees) and chaired by the Sec- retary of HHS or his designee. In order to improve efficiency through informa- tion sharing and to eliminate waste and overlap, the Working Group shall VerDate May<23>2002 08:47 Jun 21, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\24JNE0.SGM pfrm17 PsN: 24JNE0 42468 Federal Register / Vol. 67, No. 121 / Monday, June 24, 2002 / Presidential Documents work to ensure the cooperation of Federal agencies in coordinating Federal personal fitness activities. The Working Group shall meet subject to the call of the Chair, but not less than twice a year. The Department of Health and Human Services shall provide such administrative support to the Work- ing Group as the Secretary of HHS deems necessary. Each member of the Working Group shall be a full-time or permanent part-time officer or em- ployee of the Federal Government. Sec. 3. General Provisions. 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, benefit, trust, or responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its departments, agencies or entities, its officers or employees, or any person. W THE WHITE HOUSE, June 20, 2002. [FR Doc. 02–16040 Filed 6–21–02; 8:45 am] Billing code 3195–01–P VerDate May<23>2002 08:47 Jun 21, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\24JNE0.SGM pfrm17 PsN: 24JNE0

Activities To Promote Personal Fitness

2002-06-20T00:00:00

daf32fb5bc1d08325e2d74406181e0158135a34fe52efd59c6b8cffdec41a12a

Presidential Executive Order

02-07085 (13259)

Presidential Documents 13239 Federal Register Vol. 67, No. 55 Thursday, March 21, 2002 Title 3— The President Executive Order 13259 of March 19, 2002 Designation of Public International Organizations for Pur- poses of the Securities Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977 By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 30A(f)(1)(B)(ii) of the Securities Exchange Act of 1934 (15 U.S.C. 78dd–1(f)(1)(B)(ii)) and sec- tions 104(h)(2)(B)(ii) and 104A(f)(2)(B)(ii) of the Foreign Corrupt Practices Act of 1977 (15 U.S.C. 78dd–2(h)(2)(B)(ii), 78dd–3(f)(2)(B)(ii)), I hereby des- ignate as ‘‘public international organizations’’ for the purposes of application of section 30A of the Securities Exchange Act of 1934 and sections 104 and 104A of the Foreign Corrupt Practices Act of 1977: (a) The European Union, including: the European Communities (the Euro- pean Community, the European Coal & Steel Community, and the European Atomic Energy Community); institutions of the European Union, such as the European Commission, the Council of the European Union, the European Parliament, the European Court of Justice, the European Court of Auditors, the Economic and Social Committee, the Committee of the Regions, the European Central Bank, and the European Investment Bank; and any depart- ments, agencies, and instrumentalities thereof; and (b) The European Police Office (Europol), including any departments, agen- cies, and instrumentalities thereof. Designation in this Executive Order is intended solely to further the purposes of the statutes mentioned above and is not determinative of whether an entity is a public international organization for the purpose of other statutes or regulations. W THE WHITE HOUSE, March 19, 2002. [FR Doc. 02–07085 Filed 03–20–02; 12:10 pm] Billing code 3195–01–P VerDate 11<MAY>2000 18:59 Mar 20, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\21MRE0.SGM pfrm07 PsN: 21MRE0

Designation of Public International Organizations for Purposes of the Securities Exchange Act of 1934 and the Foreign Corrupt Practices Act of 1977

2002-03-19T00:00:00

b30e8ca618f62ba682eae73f51f2e7f3a07db4a4f3101c07cd1644c4d8faa2fb

Presidential Executive Order

02-9536 (13262)

Presidential Documents 18773 Federal Register Vol. 67, No. 74 Wednesday, April 17, 2002 Title 3— The President Executive Order 13262 of April 11, 2002 2002 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. Thirty days after the date of this Executive Order, the provisions of Federal Rule of Evidence 415, adopted September 13, 1994, will no longer be applicable to the Military Rules of Evidence. This evidentiary rule became applicable to courts-martial on January 6, 1996, pursuant to Military Rule of Evidence 1102. Sec. 2. The last subparagraph of paragraph 4, of Part I, of the Manual for Courts-Martial, United States, is amended as follows: ‘‘The Manual shall be identified as ‘‘Manual for Courts-Martial, United States (2002 edition).’’ Any amendments to the Manual made by Executive Order shall be identified as ‘‘2002’’ Amendments to the Manual for Courts- Martial, United States’’ ; ‘‘2002’’ being the year the Executive Order was signed. If two or more Executive Orders amending the Manual are signed during the same year, then the second and any subsequent Executive Orders will be identified by placing a small case letter of the alphabet after the last digit of the year beginning with ‘‘a’’ for the second Executive Order and continuing in alphabetic order for subsequent Executive Orders.’’. Sec. 3. Part II of the Manual for Courts-Martial, United States, is amended as follows: a. R.C.M. 201(f)(2)(B) is amended to read as follows: ‘‘(i) Upon a finding of guilty, special courts-martial may adjudge, under limitations prescribed by this Manual, any punishment authorized under R.C.M. 1003 except death, dishonorable discharge, dismissal, confinement for more than 1 year, hard labor without confinement for more than 3 months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than 1 year. ‘‘(ii) A bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, may not be adjudged by a special court-martial unless: ‘‘(a) Counsel qualified under Article 27(b) is detailed to represent the accused; and ‘‘(b) A military judge is detailed to the trial, except in a case in which a military judge could not be detailed because of physical condi- tions or military exigencies. Physical conditions or military exigencies, as the terms are here used, may exist under rare circumstances, such as on an isolated ship on the high seas or in a unit in an inaccessible area, provided compelling reasons exist why the trial must be held at that time and at that place. Mere inconvenience does not constitute a phys- ical condition or military exigency and does not excuse a failure to de- tail a military judge. If a military judge cannot be detailed because of physical conditions or military exigencies, a bad-conduct discharge, con- finement for more than six months, or forfeiture of pay for more than VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18774 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents six months, may be adjudged provided the other conditions have been met. In that event, however, the convening authority shall, prior to trial, make a written statement explaining why a military judge could not be obtained. This statement shall be appended to the record of trial and shall set forth in detail the reasons why a military judge could not be detailed, and why the trial had to be held at that time and place.’’ b. R.C.M. 701(b)(4) is amended to read as follows: ‘‘(4) Reports of examination and tests. If the defense requests disclosure under subsection (a)(2)(B) of this rule, upon compliance with such request by the Government, the defense, on request of trial counsel, shall (except as provided in R.C.M. 706, Mil. R. Evid. 302, and Mil. R. Evid. 513) permit the trial counsel to inspect any results or reports of physical or mental examinations and of scientific tests or experiments made in connection with the particular case, or copies thereof, that are within the possession, custody, or control of the defense that the defense intends to introduce as evidence in the defense case-in-chief at trial or that were prepared by a witness whom the defense intends to call at trial when the results or reports relate to that witness’ testimony.’’ c. R.C.M. 806 is amended by adding at the end the following new sub- section (d): ‘‘(d) Protective orders. The military judge may, upon request of any party or sua sponte, issue an appropriate protective order, in writing, to prevent parties and witnesses from making extrajudicial statements that present a substantial likelihood of material prejudice to a fair trial by impartial members. For purposes of this subsection, ‘‘military judge’’ does not include the president of a special court-martial without a military judge.’’. d. R.C.M. 1001(b)(3)(A) is amended to read as follows: ‘‘(A) In general. The trial counsel may introduce evidence of military or civilian convictions of the accused. For purposes of this rule, there is a ‘‘conviction’’ in a court-martial case when a sentence has been ad- judged. In a civilian case, a ‘‘conviction’’ includes any disposition following an initial judicial determination or assumption of guilt, such as when guilt has been established by guilty plea, trial, or plea of nolo contendere, regardless of the subsequent disposition, sentencing procedure, or final judgment. However, a ‘‘civilian conviction’’ does not include a diversion from the judicial process without a finding or admission of guilt; expunged convictions; juvenile adjudications; minor traffic violations; foreign convic- tions; tribal court convictions; or convictions reversed, vacated, invalidated or pardoned because of errors of law or because of subsequently discovered evidence exonerating the accused.’’. e. R.C.M. 1003(b)(3) is amended to read as follows: ‘‘(3) Fine. Any court-martial may adjudge a fine in lieu of or in addition to forfeitures. Special and summary courts-martial may not adjudge any fine or combination of fine and forfeitures in excess of the total amount of forfeitures that may be adjudged in that case. In order to enforce collection, a fine may be accompanied by a provision in the sentence that, in the event the fine is not paid, the person fined shall, in addition to any period of confinement adjudged, be further confined until a fixed period considered an equivalent punishment to the fine has expired. The total period of confinement so adjudged shall not exceed the jurisdictional limitations of the court- martial;’’ f. R.C.M. 1003(b)(7) is amended to read as follows: ‘‘(7) Confinement. The place of confinement shall not be designated by the court-martial. When confinement for life is authorized, it may be with or without eligibility for parole. A court-martial shall not adjudge a sentence to solitary confinement or to confinement without hard labor;’’. g. R.C.M. 1004(e) is amended to read as follows: ‘‘(e) Other penalties. Except for a violation of Article 106, when death is an authorized punishment for an offense, all other punishments author- ized under R.C.M. 1003 are also authorized for that offense, including VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18775 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents confinement for life, with or without eligibility for parole, and may be adjudged in lieu of the death penalty, subject to limitations specifically prescribed in this Manual. A sentence of death includes a dishonorable discharge or dismissal as appropriate. Confinement is a necessary incident of a sentence of death, but not a part of it.’’ h. R.C.M. 1006(d)(4)(B) is amended to read as follows: ‘‘(B) Confinement for life, with or without eligibility for parole, or more than 10 years. A sentence that includes confinement for life, with or without eligibility for parole, or more than 10 years may be adjudged only if at least three-fourths of the members present vote for that sentence.’’ i. R.C.M. 1009(e)(3)(B)(ii) is amended to read as follows: ‘‘(ii) In the case of a sentence which includes confinement for life, with or without eligibility for parole, or more than 10 years, more than one-fourth of the members vote to reconsider; or’’. j. R.C.M. 1103(b)(2)(B)(i) is amended to read as follows: ‘‘(i) Any part of the sentence adjudged exceeds six months confinement, forfeiture of pay greater than two-thirds pay per month, or any forfeiture of pay for more than six months or other punishments that may be adjudged by a special court-martial; or’’. k. R.C.M. 1103(c) is amended to read as follows: ‘‘(c) Special courts-martial. ‘‘(1) Involving a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months. The require- ments of subsections (b)(1), (b)(2)(A), (b)(2)(B), (b)(2)(D), and (b)(3) of this rule shall apply in a special court-martial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, has been adjudged. ‘‘(2) All other special courts-martial. If the special court-martial re- sulted in findings of guilty but a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, was not adjudged, the requirements of subsections (b)(1), (b)(2)(D), and (b)(3)(A)–(F) and (I)–(M) of this rule shall apply.’’. l. R.C.M. 1103(f)(1) is amended to read as follows: ‘‘(1) Approve only so much of the sentence that could be adjudged by a special court-martial, except that a bad-conduct discharge, confine- ment for more than six months, or forfeiture of two-thirds pay per month for more than six months, may not be approved; or’’. m. R.C.M. 1104(a)(2)(A) is amended to read as follows: ‘‘(A) Authentication by the military judge. In special courts-martial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, has been adjudged and in general courts-martial, except as provided in subsection (a)(2)(B) of this rule, the military judge present at the end of the proceedings shall authenticate the record of trial, or that portion over which the military judge presided. If more than one military judge presided over the pro- ceedings, each military judge shall authenticate the record of the pro- ceedings over which that military judge presided, except as provided in subsection (a)(2)(B) of this rule. The record of trial of special courts- martial in which a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, was not adjudged shall be authenticated in accordance with regulations of the Secretary concerned.’’ n. R.C.M. 1104(e) is amended to read as follows: ‘‘(e) Forwarding. After every court-martial, including a rehearing and new and other trials, the authenticated record shall be forwarded to the convening authority for initial review and action, provided that in case of a special court-martial in which a bad-conduct discharge or confinement for one year was adjudged or a general court-martial, the convening author- ity shall refer the record to the staff judge advocate or legal officer for VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00003 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18776 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents recommendation under R.C.M. 1106 before the convening authority takes action.’’. o. R.C.M. 1106(a) is amended to read as follows: ‘‘(a) In general. Before the convening authority takes action under R.C.M. 1107 on a record of trial by general court-martial or a record of trial by special court-martial that includes a sentence to a bad-conduct discharge or confinement for one year, that convening authority’s staff judge advocate or legal officer shall, except as provided in subsection (c) of this rule, forward to the convening authority a recommendation under this rule.’’. p. R.C.M. 1107(d)(4) is amended to read as follows: ‘‘(4) Limitations on sentence based on record of trial. If the record of trial does not meet the requirements of R.C.M. 1103(b)(2)(B) or (c)(1), the convening authority may not approve a sentence in excess of that which may be adjudged by a special court-martial, or one that includes a bad-conduct discharge, confinement for more than six months, forfeiture of pay exceeding two-thirds pay per month, or any forfeiture of pay for more than six months.’’. q. R.C.M. 1107(d) is amended by adding at the end the following new paragraph: ‘‘(5) Limitations on sentence of a special court-martial where a fine has been adjudged. A convening authority may not approve in its entirety a sentence adjudged at a special court-martial when, if approved, the cumulative impact of the fine and forfeitures, whether adjudged or by operation of Article 58b, would exceed the jurisdictional maximum dollar amount of forfeitures that may be adjudged at that court-martial.’’. r. R.C.M. 1109(e) and (e)(1) are amended to read as follows: ‘‘(e) Vacation of a suspended special court-martial sentence wherein a bad-conduct discharge or confinement for one year was not adjudged. ‘‘(1) In general. Before vacating the suspension of a special court- martial punishment that does not include a bad-conduct discharge or confinement for one year, the special court-martial convening authority for the command in which the probationer is serving or assigned shall cause a hearing to be held on the alleged violation(s) of the conditions of suspension.’’. s. R.C.M. 1109(f) and (f)(1) are amended to read as follows: ‘‘(f) Vacation of a suspended special court-martial sentence that includes a bad-conduct discharge or confinement for one year. ‘‘(1) The procedure for the vacation of a suspended approved bad- conduct discharge or of any suspended portion of an approved sentence to confinement for one year, shall follow that set forth in subsection (d) of this rule.’’. t. R.C.M. 1110(a) is amended to read as follows: ‘‘(a) In general. After any general court-martial, except one in which the approved sentence includes death, and after any special court-martial in which the approved sentence includes a bad-conduct discharge or confinement for one year, the accused may waive or withdraw appellate review.’’. u. R.C.M. 1111(b) is amended to read as follows: ‘‘(1) Cases including an approved bad-conduct discharge or confinement for one year. If the approved sentence of a special court-martial includes a bad-conduct discharge or confinement for one year, the record shall be disposed of as provided in subsection (a) of this rule. ‘‘(2) Other cases. The record of trial by a special court-martial in which the approved sentence does not include a bad-conduct discharge or confinement for one year shall be forwarded directly to a judge advocate for review under R.C.M. 1112. Four copies of the order promulgating the result of trial shall be forwarded with the record of trial, unless otherwise prescribed by regulations of the Secretary concerned.’’. VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00004 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18777 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents v. R.C.M. 1112(a)(2) is amended to read as follows: ‘‘(2) Each special court-martial in which the accused has waived or withdrawn appellate review under R.C.M. 1110 or in which the approved sentence does not include a bad-conduct discharge or confinement for one year; and’’. w. R.C.M 1305(d)(2) is amended to read as follows: ‘‘(2) Forwarding to the convening authority. The original and one copy of the record of trial shall be forwarded to the convening authority after compliance with subsection (d)(1) of this rule.’’. Sec. 4. Part III of the Manual for Courts-Martial, United States, is amended in Mil. R. Evid. 615 by striking the period at the end of the rule and adding ‘‘, or (4) a person authorized by statute to be present at courts- martial, or (5) any victim of an offense from the trial of an accused for that offense because such victim may testify or present any information in relation to the sentence or that offense during the presentencing pro- ceedings.’’. Sec. 5. Part IV of the Manual for Courts-Martial, United States, is amended as follows: a. All ‘‘Sample specification(s)’’ subparagraphs in the Punitive Articles (Part IV, M.C.M.) are amended by striking ‘‘lllllll 19ll’’ and inserting ‘‘lllllll 20ll.’’. b. Paragraph 27e(1)(a) is amended to read as follows: ‘‘(a) of a value of $500.00 or less. Bad-conduct discharge, forfeiture of all pay and allowances, and confinement for 6 months.’’. c. Paragraph 27e(1)(b) is amended to read as follows: ‘‘(b) of a value of more than $500.00 or any firearm or explosive. Dishonorable discharge, forfeiture of all pay and allowances, and confine- ment for 5 years.’’. d. Paragraph 27f(3) is amended to read as follows: ‘‘(3) Dealing in captured or abandoned property. In that lllll (personal jurisdiction data), did, (at/on board - location), on or about lllll 20 lllll, (buy) (sell) (trade) (deal in) (dispose of) (llllllll) certain (captured) (abandoned) property, to wit: lllll, (a firearm) (an explosive), of a value of (about) $lllll, thereby (receiving) (expecting) a (profit) (benefit) (advantage) to (himself/ herself) (lllll, his/her accomplice) (lllll, his/her brother) (llllllll).’’. e. Strike paragraph 31c(6). f. Paragraph 43e(1), is amended to read as follows: ‘‘(1) Article 118(1) or (4)—death. Mandatory minimum—imprisonment for life with eligibility for parole.’’. g. Paragraph 45e(3) is amended to read as follows: ‘‘(3) Carnal knowledge with a child under the age of 12 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.’’. h. Paragraph 46c(1)(h) is amended by adding at the end the following new clause: ‘‘(vi) Credit, Debit, and Electronic Transactions. Wrongfully engaging in a credit, debit, or electronic transaction to obtain goods or money is an obtaining- type larceny by false pretense. Such use to obtain goods is usually a larceny of those goods from the merchant offering them. Such use to obtain money or a negotiable instrument (e.g., withdrawing cash from an automated teller or a cash advance from a bank) is usually a larceny of money from the entity presenting the money or a negotiable instrument. For the purpose of this section, the term ’credit, debit, or electronic transaction’ includes the use of an instrument or device, whether known as a credit card, debit card, automated teller machine (ATM) card or by any other name, including access devices such as code, account VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00005 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18778 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents number, electronic serial number or personal identification number, issued for the use in obtaining money, goods, or anything else of value.’’. i. Paragraph 51e(1) is amended to read as follows: ‘‘(1) By force and without consent. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for parole.’’. j. Paragraph 51e(3) is amended to read as follows: ‘‘(3) With a child under the age of 12 years at the time of the offense. Dishonorable discharge, forfeiture of all pay and allowances, and confine- ment for life without eligibility for parole.’’ k. Paragraph 62c is amended to read as follows: ‘‘c. Explanation. ‘‘(1) Nature of offense. Adultery is clearly unacceptable conduct, and it reflects adversely on the service record of the military member. ‘‘(2) Conduct prejudicial to good order and discipline or of a nature to bring discredit upon the armed forces. To constitute an offense under the UCMJ, the adulterous conduct must either be directly prejudicial to good order and discipline or service discrediting. Adulterous conduct that is directly prejudicial includes conduct that has an obvious, and measurably divisive effect on unit or organization discipline, morale, or cohesion, or is clearly detrimental to the authority or stature of or respect toward a servicemember. Adultery may also be service discrediting, even though the conduct is only indirectly or remotely prejudicial to good order and discipline. Discredit means to injure the reputation of the armed forces and includes adulterous conduct that has a tendency, because of its open or notorious nature, to bring the service into disrepute, make it subject to public ridicule, or lower it in public esteem. While adulterous conduct that is private and discreet in nature may not be service discred- iting by this standard, under the circumstances, it may be determined to be conduct prejudicial to good order and discipline. Commanders should consider all relevant circumstances, including but not limited to the fol- lowing factors, when determining whether adulterous acts are prejudicial to good order and discipline or are of a nature to bring discredit upon the armed forces: ‘‘(a) The accused’s marital status, military rank, grade, or position; ‘‘(b) The co-actor’s marital status, military rank, grade, and posi- tion, or relationship to the armed forces; ‘‘(c) The military status of the accused’s spouse or the spouse of co-actor, or their relationship to the armed forces; ‘‘(d) The impact, if any, of the adulterous relationship on the ability of the accused, the co-actor, or the spouse of either to perform their du- ties in support of the armed forces; ‘‘(e) The misuse, if any, of government time and resources to facili- tate the commission of the conduct; ‘‘(f) Whether the conduct persisted despite counseling or orders to desist; the flagrancy of the conduct, such as whether any notoriety en- sued; and whether the adulterous act was accompanied by other viola- tions of the UCMJ; ‘‘(g) The negative impact of the conduct on the units or organiza- tions of the accused, the co-actor or the spouse of either of them, such as a detrimental effect on unit or organization morale, teamwork, and ef- ficiency; ‘‘(h) Whether the accused or co-actor was legally separated; and ‘‘(i) Whether the adulterous misconduct involves an ongoing or re- cent relationship or is remote in time. ‘‘(3) Marriage. A marriage exists until it is dissolved in accordance with the laws of a competent state or foreign jurisdiction. VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00006 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18779 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents ‘‘(4) Mistake of fact. A defense of mistake of fact exists if the accused had an honest and reasonable belief either that the accused and the co-actor were both unmarried, or that they were lawfully married to each other. If this defense is raised by the evidence, then the burden of proof is upon the United States to establish that the accused’s belief was unrea- sonable or not honest.’’. l. Paragraph 92e is amended to read as follows: ‘‘e. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for life without eligibility for pa- role.’’. m. Paragraphs 32e, 33e, 46c(1)(g)(iii), 46e, 49e, 52e, 58e, 78e and 106e are amended by striking ‘‘$100.00’’ each place it appears and inserting ‘‘$500.00’’. Sec. 6. These amendments shall take effect on May 15, 2002. a. The amendments made to Rules for Courts-Martial 806(d) and 1001(b)(3)(A) shall only apply in cases in which arraignment has been completed on or after May 15, 2002. b. The amendments made to Rules for Courts- Martial 1003(b)(7), 1004(e), 1006(d)(4)(B), and 1009(e)(3)(B)(ii) shall only apply to offenses committed after November 18, 1997. In cases not involving these amendments, the maximum punishment for an offense committed prior to May 15, 2002, shall not exceed the applicable maximum in effect at the time of the commis- sion of such offense. Provided further, that for offenses committed prior to May 15, 2002, for which a sentence is adjudged on or after May 15, 2002, if the maximum punishment authorized in this Manual is less than that previously authorized, the lesser maximum authorized punishment shall apply. c. The amendment made to Military Rules of Evidence 615 shall apply only in cases in which arraignment has been completed on or after May 15, 2002. d. Nothing in these amendments shall be construed to make punishable any act done or omitted prior to May 15, 2002, that was not punishable when done or omitted. e. Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to May 15, 2002, and any such nonjudicial punishment, restraint, investiga- tion, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. W THE WHITE HOUSE, April 11, 2002. Billing code 3195–01–P VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00007 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18780 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents CHANGES TO THE DISCUSSION ACCOMPANYING THE MANUAL FOR COURTS-MARTIAL, UNITED STATES a. The Discussion following the Preamble is amended by adding the following at the end of the Discussion: ‘‘The amendment to paragraph 4 of the Preamble is intended to address the possibility of more frequent amendments to the Manual and the arrival of the 21st century. In the event that multiple editions of the Manual are published in the same year, the numbering and lettering of the edition should match that of the most recent Executive Order included in the publication.’’ b. The seventh paragraph of the Discussion following R.C.M. 601(e)(1) is amended to read as follows: ‘‘The convening authority should acknowledge by an instruction that a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, may not be adjudged when the prerequisites under Article 19 will not be met. See R.C.M. 201(f)(2)(B)(ii). For example, this instruction should be given when a court reporter is not detailed.’’. c. The Discussion following R.C.M. 701(a)(2)(B) is amended to read as follows: ‘‘For specific rules concerning certain mental examinations of the accused or third party patients, see R.C.M. 701(f), R.C.M. 706, Mil. R. Evid. 302, and Mil. R. Evid. 513.’’ d. The ninth paragraph of the Discussion following R.C.M. 806(b) is amended to read as follows: ‘‘There are other methods of protecting the proceedings from harmful effects of publicity, including a thorough voir dire (see R.C.M. 912), and, if necessary, a continuance to allow the harmful effects of publicity to dissipate. See R.C.M. 906(b)(1). Other methods that may occasionally be appropriate and which are usually preferable to closing a session include: directing members not to read, listen to, or watch any accounts concerning the case; issuing a protective order under R.C.M. 806(d); and selecting mem- bers from recent arrivals in the command, or from outside the immediate area. See R.C.M. 503(a)(3). In more extreme cases, the place of trial may be changed (see R.C.M. 906(b)(11), or members may be sequestered. e. The following Discussion is added after R.C.M. 806(d): ‘‘A protective order may proscribe extrajudicial statements by counsel, parties, and witnesses that might divulge prejudicial matter not of public record in the case. Other appropriate matters may also be addressed by such a protective order. Before issuing a protective order, the military judge must consider whether other available remedies would effectively mitigate the adverse effects that any publicity might create, and consider such an order’s likely effectiveness in ensuring an impartial court-martial panel. A military judge should not issue a protective order without first providing notice to the parties and an opportunity to be heard. The military judge must state on the record the reasons for issuing the protective order. If the reasons for issuing the order change, the military judge may reconsider the continued necessity for a protective order.’’ f. The first paragraph of the Discussion following R.C.M. 808 is amended to read as follows: ‘‘Except in a special court-martial not authorized to adjudge a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months, the trial counsel should ensure that a qualified court reporter is detailed to the court-martial. Trial counsel should also ensure that all exhibits and other documents relating to the case are properly maintained for later inclusion in the record. See also R.C.M. 1103(j) as to the use of videotapes, audiotapes, and similar recordings for the record of trial. Because of the potential requirement for a verbatim transcript, all proceedings, including sidebar conferences, arguments, and rulings and in- structions by the military judge, should be recorded.’’ VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00008 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18781 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents g. The Discussion following R.C.M. 1001(b)(3)(A) is amended by adding the following at the end of the Discussion: ‘‘Whether a civilian conviction is admissible is left to the discretion of the military judge. As stated in the rule, a civilian ‘‘conviction’’ includes any disposition following an initial judicial determination or assumption of guilt regardless of the sentencing procedure and the final judgment fol- lowing probation or other sentence. Therefore, convictions may be admissible regardless of whether a court ultimately suspended judgment upon discharge of the accused following probation, permitted withdrawal of the guilty plea, or applies some other form of alternative sentencing. Additionally, the term ‘‘conviction’’ need not be taken to mean a final judgment of conviction and sentence.’’ h. The sixth paragraph of the Discussion following R.C.M. 1003(b)(2) is amended to read as follows: ‘‘At a special court-martial, if a bad-conduct discharge and confinement are adjudged, then the operation of Article 58b results in a forfeiture of two-thirds of pay only (not allowances) during that period of confinement. If only confinement is adjudged, and that confinement exceeds six months, then the operation of Article 58b results in a forfeiture of two-thirds of pay only (not allowances) during the period of confinement. If only a bad conduct discharge is adjudged, Article 58b has no effect on pay.’’. i. The Discussion following R.C.M. 1003(b)(3) is amended by adding at the end the following paragraph: ‘‘Where the sentence adjudged at a special court-martial includes a fine, see R.C.M. 1107(d)(5) for limitations on convening authority action on the sentence.’’ j. The Discussion following R.C.M. 1003(b)(8) is amended by adding the following at the end of the Discussion: ‘‘See Article 56a.’’ k. The Discussion following R.C.M. 1003(c)(4) is amended by striking ‘‘R.C.M. 1107(d)(3)’’ and inserting ‘‘R.C.M. 1107(d)(4).’’ l. The Discussion following R.C.M. 1006(c) is amended to read as follows: ‘‘A proposal should state completely each kind and, where appropriate, amount of authorized punishment proposed by that member. For example, a proposal of confinement for life would state whether it is with or without eligibility for parole. See R.C.M. 1003(b).’’ m. The second paragraph of the Discussion following R.C.M. 1107(d)(1) is amended to read as follows: ‘‘When mitigating forfeitures, the duration and amounts of forfeiture may be changed as long as the total amount forfeited is not increased and neither the amount nor duration of the forfeitures exceeds the jurisdiction of the court-martial. When mitigating confinement or hard labor without confine- ment, the convening authority should use the equivalencies at R.C.M. 1003(b)(6) and (7), as appropriate. One form of punishment may be changed to a less severe punishment of a different nature, as long as the changed punishment is one that the court-martial could have adjudged. For example, a bad-conduct discharge adjudged by a special court-martial could be changed to confinement for up to one year (but not vice versa). A pretrial agreement may also affect what punishments may be changed by the convening author- ity.’’. n. The Discussion following R.C.M. 1109(f) is amended to read as follows: ‘‘An officer exercising special court-martial jurisdiction may vacate any suspended punishments other than an approved suspended bad-conduct discharge or any suspended portion of an approved sentence to confinement for one year, regardless of whether they are contained in the same sentence as the bad-conduct discharge or confinement for one year. See Appendix 18 for a sample of a Report of Proceedings to Vacate Suspension of a Special Court-Martial Sentence including a bad-conduct discharge or confine- ment for one year under Article 72, UCMJ, and R.C.M. 1109 (DD Form 455).’’. VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00009 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18782 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents o. The Discussion following R.C.M. 1110(a) is amended to read as follows: ‘‘Appellate review is not available for special courts-martial in which a bad-conduct discharge or confinement for one year was not adjudged or approved or for summary courts-martial. Cases not subject to appellate review, or in which appellate review is waived or withdrawn, are reviewed by a judge advocate under R.C.M. 1112. Such cases may also be submitted to the Judge Advocate General for review. See R.C.M. 1201(b)(3). Appellate review is mandatory when the approved sentence includes death.’’. CHANGES TO APPENDIX 8, GUIDE FOR GENERAL AND SPECIAL COURTS-MARTIAL, MANUAL FOR COURTS-MARTIAL, UNITED STATES Appendix 8, is amended— a. by amending the left margin entry to Note 100 to read as follows: ‘‘Advice in GCMs and SPCMs in which BCD or confinement for one year is adjudged’’; b. by amending Note 100 to read as follows: ‘‘[Note 100. In cases subject to review by a Court of Criminal Appeals, the following advice should be given. In other cases proceed to Note 101 or 102 as appropriate.]’’; c. by amending the left margin entry to Note 102 to read as follows: ‘‘SPCM not involving a BCD or confinement for one year’’; and d. by amending Note 102 to read as follows: [Note 102. In special courts-martial not involving BCD or confinement for one year, the following advice should be given.]’’. CHANGES TO THE MAXIMUM PUNISHMENT CHART OF THE MANUAL FOR COURTS-MARTIAL, UNITED STATES Appendix 12, the Maximum Punishment Chart, is amended— a. by striking the item relating to Article 103 and inserting: ‘‘103 Captured, abandoned property; failure to secure, etc. Of value of $500.00 or less . . . . . BCD 6 mos. Total Of value of more than $500.00 . DD, BCD 5 yrs. Total Any firearm or explosive . . . . . . DD, BCD 5 yrs. Total Looting, pillaging . . . . . . . . . . . . DD, BCD Life4 Total’’; and b. in the items relating to Articles 108, 109, 121, 123a, 126, 132, and 134 (False Pretenses, obtaining services under; and Stolen Property, know- ingly receiving, buying, concealing), by striking ‘‘100.00’’ each place it ap- pears and inserting ‘‘$500.00’’. CHANGES TO THE GUIDE FOR PREPARATION OF RECORD OF TRIAL WHEN A VERBATIM RECORD IS NOT REQUIRED, MANUAL FOR COURTS-MARTIAL, UNITED STATES Appendix 13 is amended— a. in the third subparagraph of paragraph a, by replacing ‘‘1-inch margin’’ with ‘‘one-inch margin’’ and replacing ‘‘left hand’’ with ‘‘left-hand’’. CHANGES TO THE GUIDE FOR PREPARATION OF RECORD OF TRIAL WHEN A VERBATIM RECORD IS REQUIRED, MANUAL FOR COURTS- MARTIAL, UNITED STATES Appendix 14, is amended— a. at page A14–6, by amending the second bracketed format under the third note to read as follows: ‘‘[The (court-martial) (session) was (adjourned) (recessed) at llll hours, llllllll.]’’. CHANGES TO APPENDIX 17, FORMS FOR COURT-MARTIAL ORDERS, MANUAL FOR COURTS-MARTIAL, UNITED STATES VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00010 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18783 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents The first note to paragraph d of Appendix 17 is amended to read as follows: ‘‘[Note. Orders promulgating the vacation of the suspension of a dismissal will be published by departmental orders of the Secretary concerned. Vaca- tions of any other suspension of a general court-martial sentence, or of a special court-martial sentence that as approved and affirmed includes a bad-conduct discharge or confinement for one year, will be promulgated by the officer exercising general court-martial jurisdiction over the proba- tioner (Article 72(b)). The vacation of suspension of any other sentence may be promulgated by an appropriate convening authority under Article 72(c). See R.C.M. 1109.]’’ CHANGES TO APPENDIX 18, REPORT OF PROCEEDINGS TO VACATE SUSPENSION OF A GENERAL COURT-MARTIAL OR OF A SPECIAL COURT-MARTIAL SENTENCE INCLUDING A BAD-CONDUCT DISCHARGE UNDER ARTICLE 72, UCMJ, AND R.C.M. 1109 (DD FORM 455), MANUAL FOR COURTS-MARTIAL, UNITED STATES The title to Appendix 18 is amended to read as follows: ‘‘Report of Proceedings to Vacate Suspension of a General Court-Martial or of a Special Court-Martial Sentence Including a Bad-Conduct Discharge or Confinement for One Year Under Article 72, UCMJ, and R.C.M. 1109 (DD Form 455).’’. CHANGES TO THE ANALYSIS ACCOMPANYING THE MANUAL FOR COURTS-MARTIAL, UNITED STATES. 1. Changes to Appendix 21, the Analysis Accompanying the Rules for Courts- Martial, United States (Part II, MCM). a. The Analysis to R.C.M. 201(f) is amended by inserting after the second paragraph the following new paragraph: ‘‘2002 Amendment: Subsections (f)(2)(B)(i) and (f)(2)(B)(ii) were amended to remove previous limitations and thereby implement the amendment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999). Subject to limitations prescribed by the President, the amendment increased the jurisdictional maximum punishment at special courts-martial to confinement for one year and forfeitures not exceeding two-thirds pay per month for one year, vice the previous six-month jurisdic- tional limitation.’’. b. The Analysis to R.C.M. 701(b) is amended by inserting after the discussion of the 1991 Amendment to subsection (b)(2) the following new paragraph: ‘‘2002 Amendment: Subsection (b)(4) was amended to take into consider- ation the protections afforded by the new psychotherapist-patient privilege under Mil. R. Evid. 513.’’ c. The Analysis to R.C.M. 707(a) is amended by inserting after the second paragraph the following new paragraph: ‘‘2002 Amendment: Burton and its progeny were re-examined in United States v. Kossman, 38 M.J. 258 (C.M.A. 1993), where the Court of Military Appeals specifically overruled Burton and reinstated the earlier rule from United States v. Tibbs, 15 C.M.A. 350, 353, 35 C.M.R. 322, 325 (1965). See Kossman, 38 M.J. at 262. In Kossman, the Court reinstated the ‘‘reasonable diligence’’ standard in determining whether the prosecution’s progress toward trial for a confined accused was sufficient to satisfy the speedy trial require- ment of Article 10, UCMJ.’’ d. The Analysis accompanying R.C.M. 806 is amended by adding at the end the following new paragraphs: ‘‘2002 Amendment: Section (d) was added to codify the military judge’s power to issue orders limiting trial participants’ extrajudicial statements in appropriate cases. See United States v. Garwood, 16 M.J. 863, 868 (N– M.C.M.R. 1983) (finding military judge was justified in issuing restrictive order prohibiting extrajudicial statements by trial participants), aff’d on other grounds, 20 M.J. 148 (C.M.A. 1985), cert. denied, 474 U.S. 1005 (1985); VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00011 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18784 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents United States v. Clark, 31 M.J. 721, 724 (A.F.C.M.R. 1990) (suggesting, but not deciding, that the military judge properly limited trial participants’ extrajudicial statements). ‘‘The public has a legitimate interest in the conduct of military justice proceedings. Informing the public about the operations of the criminal justice system is one of the ‘‘core purposes’’ of the First Amendment. In the appro- priate case where the military judge is considering issuing a protective order, absent exigent circumstances, the military judge must conduct a hear- ing prior to issuing such an order. Prior to such a hearing the parties will have been provided notice. At the hearing, all parties will be provided an opportunity to be heard. The opportunity to be heard may be extended to representatives of the media in the appropriate case. ‘‘Section (d) is based on the first Recommendation Relating to the Conduct of Judicial Proceedings in Criminal Cases, included in the Revised Report of the Judicial Conference Committee on the Operation of the Jury System on the ‘‘Free Press—Fair Trial’’ Issue, 87 F.R.D. 519, 529 (1980), which was approved by the Judicial Conference of the United States on September 25, 1980. The requirement that the protective order be issued in writing is based on Rule for Courts-Martial 405(g)(6). Section (d) adopts a ‘‘substantial likelihood of material prejudice’’ standard in place of the Judicial Conference recommendation of a ‘‘likely to interfere’’ standard. The Judicial Conference’s recommendation was issued before the Supreme Court’s decision in Gentile v. State Bar of Nev., 501 U.S. 1030 (1991). Gentile, which dealt with a Rule of Professional Conduct governing extrajudicial statements, indicates that a lawyer may be disciplined for making statements that present a substantial likelihood of material prejudice to an accused’s right to a fair trial. While the use of protective orders is distinguishable from limitations imposed by a bar’s ethics rule, the Gentile decision expressly recognized that the ‘‘speech of lawyers representing clients in pending cases may be regulated under a less demanding standard than that established for regula- tion of the press in Nebraska Press Ass’n v. Stuart, 427 U.S. 539 (1976), and the cases which preceded it.’’ 501 U.S. at 1074. The Court concluded that ‘‘the ‘substantial likelihood of material prejudice’ standard constitutes a constitutionally permissible balance between the First Amendment rights of attorneys in pending cases and the State’s interest in fair trials.’’ Id. at 1075. Gentile also supports the constitutionality of restricting communica- tions of non-lawyer participants in a court case. Id. at 1072–73 (citing Seattle Times Co. v. Rhinehart, 467 U.S. 20, 32–33 (1984)). Accordingly, a protective order issued under the ‘‘substantial likelihood of material preju- dice’’ standard is constitutionally permissible. ‘‘The first sentence of the discussion is based on the committee comment to the Recommendations Relating to the Conduct of Judicial Proceedings in Criminal Cases. See 87 F.R.D. at 530. For a definition of ‘‘party,’’ see R.C.M. 103(16). The second sentence of the discussion is based on the first of the Judicial Conference’s recommendations concerning special orders. See 87 F.R.D. at 529. The third sentence of the discussion is based on the second of the Judicial Conference’s recommendations, id. at 532, and on United States v. Salameh, 992 F.2d 445, 447 (2d Cir. 1993) (per curiam), and In re Application of Dow Jones & Co., 842 F.2d 603, 611 & n.1 (2d Cir.), cert. denied, 488 U.S. 946 (1988). The fourth sentence is based on Salameh, 992 F.2d at 447. The fifth sentence is based on Rule for Courts- Martial 905(d).’’. e. The Analysis accompanying R.C.M. 1001(b)(3)(A) is amended by inserting the following at the end thereof: ‘‘2002 Amendment: As previously written, R.C.M. 1001(b)(3)(A) offered little guidance about what it meant by ‘‘civilian convictions.’’ See, e.g., United States v. White, 47 M.J. 139, 140 (C.A.A.F. 1997); United States v. Barnes, 33 M.J. 468, 472–73 (C.M.A. 1992); United States v. Slovacek, 24 M.J. 140, 141 (CMA), cert. denied, 484 U.S. 855 (1987). The present rule addresses this void and intends to give the sentencing authority as VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00012 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18785 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents much information as the military judge determines is relevant in order to craft an appropriate sentence for the accused. ‘‘Unlike most civilian courts, this rule does not allow admission of more extensive criminal history information, such as arrests. Use of such additional information is not appropriate in the military setting where court-martial members, not a military judge, often decide the sentence. Such information risks unnecessarily confusing the members. ‘‘The present rule clarifies the term ‘‘conviction’’ in light of the complex and varying ways civilian jurisdictions treat the subject. The military judge may admit relevant evidence of civilian convictions without necessarily being bound by the action, procedure, or nomenclature of civilian jurisdic- tions. Examples of judicial determinations admissible as convictions under this rule include accepted pleas of nolo contendere, pleas accepted under North Carolina v. Alford, 400 U.S. 25 (1970), or deferred sentences. If rel- evant, evidence of forfeiture of bail that results in a judicial determination of guilt is also admissible, as recognized in United States v. Eady, 35 M.J. 15, 16 (C.M.A. 1992). While no time limit is placed upon the admissi- bility of prior convictions, the military judge should conduct a balancing test to determine whether convictions older than ten years should be admitted or excluded on the basis of relevance and fundamental fairness. ‘‘The two central factors in this rule are (1) judicial determination of guilt and (2) assumption of guilt. Assumption of guilt is an all-inclusive term meaning any act by the accused in a judicial proceeding accepting, acknowledging, or admitting guilt. As long as either factor is present, the ‘‘conviction’’ is admissible, if relevant. Consequently, this rule departs from the holding in United States v. Hughes, 26 M.J. 119, 120 (C.M.A. 1988), where the accused pleaded guilty in a Texas court, but the judge did not enter a finding of guilty under state law allowing ‘‘deferred adjudications.’’ Under the present rule, the ‘‘conviction’’ would be admissible because the accused pleaded guilty in a judicial proceeding, notwithstanding the fact that the state judge did not enter a finding of guilty. ‘‘In contrast, ‘‘deferred prosecutions,’’ where there is neither an admission of guilt in a judicial proceeding nor a finding of guilty, would be excluded. The rule also excludes expunged convictions, juvenile adjudications, minor traffic violations, foreign convictions, and tribal court convictions as matters inappropriate for or unnecessarily confusing to courts-martial members. What constitutes a ‘‘minor traffic violation’’ within the meaning of this rule is to be decided with reference only to federal law, and not to the laws of individual states. See U.S. Sentencing Guidelines Manual § 4A1.2(c)(2); ‘‘What Constitutes ‘Minor Traffic Infraction’ Excludable From Calculation of Defendant’s Criminal History under United States Sentencing Guideline § 4A1.2(c)(2),’’ 113 A.L.R. Fed. 561 (1993). ‘‘Additionally, because of the lack of clarity in the previous rule, courts sometimes turned to Mil. R. Evid. 609 for guidance. See, e.g., Slovacek, 24 M.J. at 141. We note that because the policies behind Mil. R. Evid. 609 and the present rule differ greatly, a conviction that may not be appro- priate for impeachment purposes under Mil. R. Evid. 609, may nevertheless be admissible under the present rule. ‘‘The Federal Sentencing Guidelines were consulted when drafting the present rule. Although informed by those guidelines, the present rule departs from them in many respects because of the wide differences between the courts-martial process and practice in federal district court.’’. f. The Analysis to R.C.M. 1003(b)(3) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The amendment clearly defines the authority of special and summary courts-martial to adjudge both fines and forfeitures. See gen- erally United States v. Tualla, 52 M.J. 228 (2000).’’ g. The Analysis accompanying R.C.M. 1003(b)(7) is amended by adding at the end the following new paragraph: VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00013 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18786 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents ‘‘2002 Amendment: This change resulted from the enactment of Article 56a, UCMJ, in section 581 of the National Defense Authorization Act for Fiscal Year 1998, Pub. L. No. 105–85, 111 Stat. 1629, 1759 (1997).’’. h. The Analysis accompanying R.C.M. 1004(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: This change resulted from the enactment of Article 56a, UCMJ, in section 581 of the National Defense Authorization Act for Fiscal Year 1998, Pub. L. No. 105–85, 111 Stat. 1629, 1759 (1997).’’. i. The Analysis accompanying R.C.M. 1006(c) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: This change to the discussion resulted from the enact- ment of Article 56a, UCMJ, in section 581 of the National Defense Authoriza- tion Act for Fiscal Year 1998, Pub. L. No. 105–85, 111 Stat. 1629, 1759 (1997).’’. j. The Analysis accompanying R.C.M. 1006(d) is amended by inserting after the analysis of subsection 3(A) following paragraph: ‘‘2002 Amendment: Subsection (d)(4)(B) was amended as a result of the enactment of Article 56a, UCMJ, in section 581 of the National Defense Authorization Act for Fiscal Year 1998, Pub. L. No. 105–85, 111 Stat. 1629, 1759 (1997).’’. k. The Analysis accompanying R.C.M. 1009 is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subsection (e)(3)(B)(ii) was amended as a result of the enactment of Article 56a, UCMJ, in section 581 of the National Defense Authorization Act for Fiscal Year 1998, Pub. L. No. 105–85, 111 Stat. 1629, 1759 (1997).’’. l. The Analysis to R.C.M. 1103 (b)(2) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subsection (b)(2)(B) was amended to implement the amendment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punishment at special courts-martial. R.C.M. 1103(b)(2)(B) was amended to prevent an inconsistent requirement for a verbatim transcript between a general court-martial and a special court-martial when the adjudged sen- tence of a general court-martial does not include a punitive discharge or confinement greater than six months, but does include forfeiture of two- thirds pay per month for more than six months but not more than 12 months.’’. m. The Analysis to R.C.M. 1103(c) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subsection (c) was amended to implement the amend- ment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punish- ment at special courts-martial. R.C.M. 1103(c) was amended to conform the requirements for a verbatim transcript with the requirements of Article 19 for a ’complete record’ in cases where the adjudged sentence includes a bad-conduct discharge, confinement for more than six months, or forfeiture of pay for more than six months.’’. n. The Analysis to R.C.M. 1103(f) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subsection (f)(1) was amended to implement the amendment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106§65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punishment at special courts-martial. R.C.M. 1103(f)(1) was amended to include the additional limitations on sentence contained in Article 19, UCMJ.’’. VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00014 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18787 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents o. The Analysis to R.C.M. 1104(a) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subsection (a)(2)(A) was amended to implement the amendment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punishment at special courts-martial. R.C.M. 1104(a)(2)(A) was amended to ensure that the military judge authenticates all verbatim records of trial at special courts-martial.’’. p. The Analysis to R.C.M. 1104(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subsection (e) was amended to implement the amend- ment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punish- ment at special courts-martial. This amendment reflects the change to R.C.M. 1106 for special court- martial with an adjudged sentence that includes confinement for one year.’’. q. The Analysis to R.C.M. 1106(a) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subsection (a) was amended to implement the amend- ment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punish- ment at special courts-martial. This amendment requires all special courts- martial cases subject to appellate review to comply with this rule.’’. r. The Analysis to R.C.M. 1107(d) is amended by inserting after the first paragraph the following new paragraph: ‘‘2002 Amendment: The Discussion accompanying subsection (d)(1) was amended to implement the amendment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punishment at special courts-martial. R.C.M. 1107(d)(4) was amended to include the additional limitations on sentence contained in Article 19, UCMJ.’’. s. The Analysis accompanying R.C.M. 1107(d) is amended by adding at the end the following new paragraphs: ‘‘2002 Amendment: Subsection (d)(4) was amended as a result of the enactment of Article 56a, UCMJ, in section 581 of the National Defense Authorization Act for Fiscal Year 1998, Pub. L. No. 105–85, 111 Stat. 1629, 1759 (1997). ‘‘Subsection (d)(5) is new. The amendment addresses the impact of Article 58b, UCMJ. In special courts-martial, where the cumulative impact of a fine and forfeitures, whether adjudged or by operation of Article 58b, would otherwise exceed the total dollar amount of forfeitures that could be adjudged at the special court-martial, the fine and/or adjudged forfeitures should be disapproved or decreased accordingly. See generally United States v. Tualla, 52 M.J. 228, 231–32 (2000).’’ t. The Analysis to R.C.M. 1109 is amended by adding at the end the following new paragraphs: ‘‘2002 Amendment: Subsection (e) was amended to implement the amend- ment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punish- ment at special courts-martial. ‘‘(f) Vacation of a suspended special court-martial sentence that includes a bad-conduct discharge or confinement for one year. Subsection (f) was amended to implement the amendment to 10 U.S.C. ª 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00015 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18788 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents the jurisdictional maximum punishment at special courts-martial. This amendment reflects the decision to treat an approved sentence of confinement for one year, regardless of whether any period of confinement is suspended, as a serious offense, in the same manner as a suspended approved bad- conduct discharge at special courts-martial under Article 72, UCMJ, and R.C.M. 1109.’’. u. The Analysis to R.C.M. 1110(a) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subsection (a) was amended to implement the amend- ment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punish- ment at special courts-martial.’’. v. The Analysis to R.C.M. 1111 is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: R.C.M. 1111(b) was amended to implement the amend- ment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punish- ment at special courts-martial. The amendment ensures all special courts- martial not requiring appellate review are reviewed by a judge advocate under R.C.M. 1112.’’. w. The Analysis to R.C.M. 1112 is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: R.C.M. 1112(a)(2) was amended to implement the amendment to 10 U.S.C. § 819 (Article 19, UCMJ) contained in section 577 of the National Defense Authorization Act for Fiscal Year 2000, P. L. No. 106–65, 113 Stat. 512 (1999) increasing the jurisdictional maximum punishment at special courts-martial. The amendment ensures all special courts-martial not requiring appellate review are reviewed by a judge advo- cate under R.C.M. 1112.’’. x. The Analysis to R.C.M. 1305 (d) is amended to read as follows: ‘‘(d) Forwarding copies of the record. Subsection (1) is based on Article 60(b)(2). Subsection (2) is based on the third paragraph of paragraph 91c of MCM, 1969 (Rev.). Subsection (3) is self- explanatory. ‘‘2001 Amendment: Subsection (d)(2) was amended to strike the reference to ‘‘subsection (e)(1)’’ and insert a reference to ‘‘subsection (d)(1)’’ to reflect the 1995 amendment that redesignated R.C.M. 1305(e) as R.C.M. 1305(d).’’. 2. Changes to Appendix 22, the Analysis Accompanying the Military Rules of Evidence (Part III, MCM). a. The Analysis to Mil. R. Evid. 413 is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Federal Rule of Evidence 415 which created a similar character evidence rule for civil cases, became applicable to the Military Rules of Evidence on January 6, 1996, pursuant to Rule 1102. Federal Rule 415, however, is no longer applicable to the Military Rules of Evidence, as stated in Section 1 of Executive Order , 2002 Amendments to the Manual for Court-Martial, United States, (date) Rule 415 was deleted because it applies only to federal civil proceedings.’’. b. The Analysis to Mil. R. Evid. 414 is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Federal Rule of Evidence 415 which created a similar character evidence rule for civil cases, became applicable to the Military Rules of Evidence on January 6, 1996, pursuant to Rule 1102. Federal Rule 415, however, is no longer applicable to the Military Rules of Evidence, as stated in Section 1 of Executive Order , 2002 Amendments to the Manual for Court-Martial, United States, (date) Rule 415 was deleted because it applies only to federal civil proceedings.’’ c. The analysis to Mil. R. Evid. 615 is amended by adding at the end the following new paragraph: VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00016 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18789 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents ‘‘2002 Amendment: These changes are intended to extend to victims at courts-martial the same rights granted to victims by the Victims’ Rights and Restitution Act of 1990, 42 U.S.C. § 10606(b)(4), giving crime victims ’[t]he right to be present at all public court proceedings related to the offense, unless the court determines that testimony by the victim would be materially affected if the victim heard other testimony at trial,’ and the Victim Rights Clarification Act of 1997, 18 U.S.C. § 3510, which is restated in subsection (5). For the purposes of this rule, the term ’victim’ includes all persons defined as victims in 42 U.S.C. § 10607(e)(2), which means ’a person that has suffered direct physical, emotional, or pecuniary harm as a result of the commission of a crime, including’—(A) in the case of a victim that is an institutional entity, an authorized representative of the entity; and (B) in the case of a victim who is under 18 years of age, incompetent, incapacitated, or deceased, one of the following (in order of preference): (i) a spouse; (ii) a legal guardian; (iii) a parent; (iv) a child; (v) a sibling; (vi) another family member; or (vii) another person designated by the court. ’The victim’s right to remain in the courtroom remains subject to other rules, such as those regarding classified information, witness deport- ment, and conduct in the courtroom. Subsection (4) is intended to capture only those statutes applicable to courts-martial.’’. 3. Changes to Appendix 23, the Analysis accompanying the Punitive Articles (Part IV, MCM). a. The Analysis to paragraph 27(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally American Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value). The amendment also adds the phrase ’or any firearm or explosive’ as an additional criterion. This is because, regardless of the intrinsic value of such items, the threat to the community is substantial when such items are wrongfully bought, sold, traded, dealt in or disposed.’’. b. The Analysis to paragraph 31(c)(6) is amended to read as follows: ‘‘2002 Amendment: Subparagraph c(6), ’Statements made during an interro- gation,’ was removed in light of questions raised by the Court of Appeals for the Armed Forces in United States v. Solis, 46 M.J. 31, 35 (C.A.A.F. 1997). In Solis, the court said subparagraph c(6) could be viewed as serving at least three different purposes. It could be (1) an expansive description of dicta with no intent to limit prosecutions; (2) protection for an accused against overcharging; or (3) guidance for the conduct of investigations. Sub- paragraph c(6) was never intended to establish either procedural rights for an accused or internal guidelines to regulate government conduct. Subpara- graph (c)(6) was based upon United States v. Aronson, 8 U.S.C.M.A. 525, 25 C.M.R. 29 (1957); United States v. Washington, 9 U.S.C.M.A. 131, 25 C.M.R. 393 (1958) and United States v. Davenport, 9 M.J. 364 (C.M.A. 1980) and was intended merely to describe the rule developed in those cases that a false statement to a law enforcement agent, when made by a servicemember without an independent duty to speak, was not ’official’ and therefore not within the purview of Article 107. The subparagraph is removed because the position of the Court of Military Appeals in the three decisions noted above was abandoned in United States v. Jackson, 26 M.J. 377 (C.M.A. 1988) and the deleted paragraph no longer accurately describes the current state of the law.’’. c. The Analysis to paragraph 32(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00017 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18790 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents and misdemeanor penalties in civilian jurisdictions. See generally American Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value). Although the monetary amount affecting punish- ment in 18 U.S.C. § 1361, Government property or contracts, and 18 U.S.C. § 641, Public money, property or records, was increased from $100 to $1000 pursuant to section 606 of the Economic Espionage Act of 1996, P. L. No. 104–294, 110 Stat. 3488 (1996), a value of $500 was chosen to maintain deterrence, simplicity, and uniformity for the Manual’s property offenses.’’. d. The Analysis to paragraph 33(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally American Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value).’’. e. The Analysis to paragraph 46(c) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: Subparagraph c(1)(h)(vi) is new. It was added to pro- vide guidance on how unauthorized credit, debit, or electronic transactions should usually be charged. See United States v. Duncan, 30 M.J. 1284, 289 (N.M.C.M.R. 1990) (citing United States v. Jones, 29 C.M.R. 651 (A.B.R. 1960), petition denied, 30 C.M.R. 417 (C.M.A. 1960)) (regarding thefts from ATM machines). Alternative charging theories are also available, see United States v. Leslie, 13 M.J. 170 (C.M.A. 1982); United States v. Ragins, 11 M.J. 42 (C.M.A. 1981); United States v. Schaper, 42 M.J. 737 (A.F. Ct. Crim. App. 1995); and United States v. Christy, 18 M.J. 688 (N.M.C.M.R. 1984). The key under Article 121 is that the accused wrongfully obtained goods or money from a person or entity with a superior possessory interest.’’. f. The Analysis to paragraph 46(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally American Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value). Although the monetary amount effecting punish- ment in 18 U.S.C. § 1361, Government property or contracts, and 18 U.S.C. § 641, Public money, property or records, was increased from $100 to $1000 pursuant to section 606 of the Economic Espionage Act of 1996, P. L. No. 104–294, 110 Stat. 3488 (1996), a value of $500 was chosen to maintain deterrence, simplicity, and uniformity for the Manual’s property offenses.’’. g. The Analysis to paragraph 49(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally American Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value).’’. h. The Analysis to paragraph 52(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally American VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00018 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18791 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value). A value of $500 was chosen to maintain deterrence, simplicity, and uniformity for the Manual’s property offenses. 18 U.S.C. § 81, Arson within special maritime and territorial jurisdiction, no longer grades the offense on the basis of value.’’. i. The Analysis to paragraph 58(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally American Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value).’’. j. The Analysis to paragraph 62. Article 134 ’ (Adultery) is amended to read as follows: ‘‘c. Explanation. (1) Subparagraph c(2) is based on United States. v. Snyder, 4 C.M.R. 15 (1952); United States v. Ruiz, 46 M.J. 503 (A. F. Ct. Crim. App. 1997); United States v. Green, 39 M.J. 606 (A.C.M.R. 1994); United States v. Collier, 36 M.J. 501 (A.F.C.M.R. 1992); United States v. Perez, 33 M.J. 1050 (A.C.M.R. 1991); United States v. Linnear, 16 M.J. 628 (A.F.C.M.R. 1983); Part IV, paragraph 60c(2)(a) of MCM. Subparagraph c(3) is based on United States v. Poole, 39 M.J. 819 (A.C.M.R. 1994). Subparagraph c(4) is based on United States v. Fogarty, 35 M.J. 885 (A.C.M.R. 1992); Military Judges’ Benchbook, DA PAM 27–9, paragraph 3–62–1 and 5–11– 2 (30 Sep. 1996). See R.C.M. 916(j) and (l)(1) for a general discussion of mistake of fact and ignorance, which cannot be based on a negligent failure to discover the true facts. ‘‘(2) When determining whether adulterous acts constitute the offense of adultery under Article 134, commanders should consider the listed factors. Each commander has discretion to dispose of offenses by members of the command. As with any alleged offense, however, under R.C.M. 306(b) com- manders should dispose of an allegation of adultery at the lowest appropriate level. As the R.C.M. 306(b) discussion states, many factors must be taken into consideration and balanced, including, to the extent practicable, the nature of the offense, any mitigating or extenuating circumstances, the char- acter and military service of the military member, any recommendations made by subordinate commanders, the interests of justice, military exigencies, and the effect of the decision on the military member and the command. The goal should be a disposition that is warranted, appropriate, and fair. In the case of officers, also consult the explanation to paragraph 59 in deciding how to dispose of an allegation of adultery.’’. k. The Analysis to paragraph 78(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally American Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value).’’. VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00019 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0 18792 Federal Register / Vol. 67, No. 74 / Wednesday, April 17, 2002 / Presidential Documents l. The Analysis to paragraph 106(e) is amended by adding at the end the following new paragraph: ‘‘2002 Amendment: The monetary amount affecting the maximum punish- ments has been revised from $100 to $500 to account for inflation. The last change was in 1969 raising the amount to $100. The value has also been readjusted to realign it more closely with the division between felony and misdemeanor penalties in civilian jurisdictions. See generally American Law Institute, Model Penal Code and Commentaries § 223.1 (1980) (sug- gesting $500 as the value).’’. [FR Doc. 02–9536 Filed 4–16–02; 8:45 am] Billing code 5000–04–P VerDate Mar<13>2002 09:36 Apr 16, 2002 Jkt 197001 PO 00000 Frm 00020 Fmt 4705 Sfmt 4790 E:\FR\FM\17APE0.SGM pfrm03 PsN: 17APE0

2002 Amendments to the Manual for Courts-Martial, United States

2002-04-11T00:00:00

34414789db6f95821323c39c9fb4beb7f185f968bed9d834d38236c2975b2cea

Presidential Executive Order

02-07086 (13260)

Presidential Documents 13241 Federal Register / Vol. 67, No. 55 / Thursday, March 21, 2002 / Presidential Documents Executive Order 13260 of March 19, 2002 Establishing the President’s Homeland Security Advisory Council and Senior Advisory Committees for Homeland Security 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. President’s Homeland Security Advisory Council. (a) Establishment and Membership. I hereby establish the President’s Home- land Security Advisory Council (PHSAC). The PHSAC shall be composed of not more than 21 members appointed by the President. In addition, the Chair and the Vice Chair of the National Infrastructure Advisory Council; the Chairman of the President’s National Security Telecommunications Advi- sory Committee; and the Chair of the Panel on the Science and Technology of Combating Terrorism, President’s Council of Advisors on Science and Technology, shall serve as ex officio members of the PHSAC. The appointed members of the PHSAC shall be selected from the private sector, academia, professional service associations, federally funded research and development centers, nongovernmental organizations, State and local governments, and other appropriate professions and communities. (b) Chair and Vice Chair. The President shall designate a Chair and Vice Chair from among the appointed members of the PHSAC. (c) Senior Advisory Committees. (i) Establishment and Membership. The following four Senior Advisory Committees for Homeland Security (SACs) are hereby established to advise the PHSAC: (1) State and Local Officials; (2) Academia and Policy Research; (3) Private Sector; and (4) Emergency Services, Law Enforcement, and Public Health and Hospitals. Each SAC shall generally be composed of not more than 17 members selected by the Assistant to the President for Homeland Security (Assistant). The Presi- dent may establish additional SACs as appropriate, consistent with this order. (ii) Chairs and Vice Chairs. The Assistant shall from time to time designate a Chair and Vice Chair for each of the SACs from among the PHSAC’s members. (iii) Subcommittees. The Chair of each SAC, in consultation with the PHSAC, may as appropriate establish subcommittees to advise the SAC. Sec. 2. Functions. The PHSAC shall meet periodically at the Assistant’s request to: (a) provide advice to the President through the Assistant on developing and coordinating the implementation of a comprehensive national strategy to secure the United States from terrorist threats or attacks; (b) recommend to the President through the Assistant ways to improve coordination, cooperation, and communication among Federal, State, and local officials and private and other entities, and provide a means to collect scholarly research, technological advice, and information concerning proc- esses and organizational management practices both inside and outside of the Federal Government; (c) provide advice to the President through the Assistant regarding the feasibility of implementing specific measures to detect, prepare for, prevent, protect against, respond to, and recover from terrorist threats or attacks within the United States; VerDate 11<MAY>2000 19:00 Mar 20, 2002 Jkt 197001 PO 00000 Frm 00001 Fmt 4790 Sfmt 4790 E:\FR\FM\21MRE1.SGM pfrm07 PsN: 21MRE1 13242 Federal Register / Vol. 67, No. 55 / Thursday, March 21, 2002 / Presidential Documents (d) examine, and advise the President through the Assistant on, the effec- tiveness of the implementation of specific strategies to detect, prepare for, prevent, protect against, respond to, and recover from terrorist threats or attacks within the United States; and (e) report periodically, as appropriate, to the President through the Assist- ant on matters within the scope of the PHSAC’s functions as described in paragraphs (a) through (d) of this section. Sec. 3. Administration. (a) Upon the request of the Chair of the PHSAC, through the Assistant, and to the extent permitted by law, the heads of executive departments and agencies shall provide the PHSAC with such information relating to homeland security matters as the PHSAC may need for the purpose of carrying out its functions. (b) The PHSAC shall have an Executive Director selected by the Assistant. (c) Members shall serve without compensation for their work on the PHSAC, the SACs, and any subcommittees thereof. However, members shall be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving intermittently in Federal Government service (5 U.S.C. 5701–5707). (d) To the extent permitted by law, and subject to the availability of appropriations, the Office of Administration shall provide the PHSAC with administrative support and with such funds as may be necessary for the performance of the PHSAC’s functions. Sec. 4. General Provisions. (a) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (Act), may apply to the administration of any portion of this order, any functions of the President under that Act, except that of reporting to the Congress, shall be performed by the Administrator of General Services in accordance with the guidelines that have been issued by the Administrator. (b) The PHSAC, any SACs, and any SAC subcommittees shall terminate 2 years from the date of this order unless extended by the President. W THE WHITE HOUSE, March 19, 2002. [FR Doc. 02–07086 Filed 03–20–02; 12:11 pm] Billing code 3195–01–P VerDate 11<MAY>2000 19:00 Mar 20, 2002 Jkt 197001 PO 00000 Frm 00002 Fmt 4790 Sfmt 4790 E:\FR\FM\21MRE1.SGM pfrm07 PsN: 21MRE1

Establishing the President's Homeland Security Advisory Council and Senior Advisory Committees for Homeland

2002-03-19T00:00:00

64af6f20c3feb2ae4425b40ac886309c1725dfe5768cebf51d77ac539f4c484b