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 Title 3--The President evidence to refute claims by the Government of Vietnam that they have vir- tually eliminated opium poppy production. Additionally, although co- operation with United States law enforcement is limited, there are no indi- cations of a significant Vietnam-based drug threat to the United States. Despite the Government of Afghanistan's counternarcotics efforts, we re- main concerned about the disturbing magnitude of the drug trade and the prospect that opium poppy cultivation will likely increase in 2006. We are also concerned about government corruption, especially at the regional and local levels, impending counternarcotics efforts. For these efforts to be ef- fective, government corruption with respect to the opium economy must be seriously addressed--by both local and central government authorities. The Government of Canada has made real progress in curbing the diversion into the United States of pseudoephedrine, which fuels the production of methamphetamine. There are indications, however, that Canadian-based criminal groups are increasingly involved in the production of MDMA (Ec- stasy) destined for the United States. Large scale cross-border trafficking of Canadian-grown marijuana remains a serious concern. The United States appreciates the excellent law enforcement cooperation with Canada in com- bating these shared threats. While Haiti made efforts this year to improve its performance, we reiterate our concerns from last year about the Interim Government of Haiti's inabil- ity to effectively organize Haitian law enforcement resources to permit sus- tained counternarcotics efforts. Further, the national criminal justice system must be significantly strengthened in order to be effective and gain public confidence. The Government of The Netherlands has achieved considerable success in countering the production and flow of MDMA (Ecstasy) to the United States, and The Netherlands is commended for its enhanced efforts. In the coming year, the United States would like to build upon our law enforce- ment cooperation with the Dutch government through advancements in mutual legal assistance and direct engagement between our respective po- lice agencies. Drug trafficking, money laundering, and other organized criminal activity in Nigeria remain major sources of concern to the United States. Progress over the past year on anti-money laundering controls is welcome, but much remains to be done to make such controls effective. Implementing anti-cor- ruption policies must advance more quickly, as corruption at all levels of government continues to hamper effective narcotics law enforcement. In addition, measures similar to those taken to improve drug law enforcement at Nigeria's main airport need to be expanded to, and replicated at, Nige- ria's seaports, where drug trafficking is a growing concern. Finally, the Na- tional Drug Law Enforcement Agency (NDLEA) and other counternarcotics institutions should work towards developing the mindset and capacity to pursue investigations, and prosecutions of major drug traffickers based in the country. We remain concerned with the continued involvement by the Democratic People's Republic of Korea (DPRK) in criminal activity, including drug pro- duction and drug trafficking. Given the close relationship between }apanese and Chinese criminal elements and DPRK drug traffickers in past smug- gling incidents, there is a real possibility of continuing DPRK involvement 266

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 Other Presidential Documents in drug trafficking, even when a given incident appears only to involve eth- nic Chinese or other organized Asian criminal groups. You are hereby authorized and directed to submit this determination to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 14, 2005. Notice of September 21, 2005 Continuation of the National Emergency With Respect to Persons Who Commit, Threaten To Commit, or Support Terrorism On September 23, 2001, by Executive Order 13224, I declared a national emergency with respect to persons who commit, threaten to commit, or support terrorism, pursuant to the International Emergency Economic Pow- ers Act (50 U.S.C. 1701-1706). I took this action to deal with the unusual and extraordinary threat to the national security, foreign policy, and econ- omy of the United States constituted by the grave acts of terrorism and threats of terrorism committed by foreign terrorists, including the terrorist attacks in New York, in Pennsylvania, and against the Pentagon committed on September 11, 2001, and the continuing and immediate threat of further attacks against United States nationals or the United States. Because the ac- tions of these persons who commit, threaten to commit, or support ter- rorism continue to pose an unusual and extraordinary threat to the United States, the national emergency declared on September 23, 2001, and the measures adopted on that date to deal with that emergency, must continue in effect beyond September 23, 2005. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am con- tinuing for 1 year the national emergency with respect to persons who com- mit, threaten to commit, or support terrorism. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, September 21, 2005. 267

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 Title 3--The President Presidential Determination No. 2005-37 of September 21, 2005 Presidential Determination with Respect to Foreign Governments' Efforts Regarding Trafficking in Persons Memorandum for the Secretary of State Consistent with section 110 of the Trafficking Victims Protection Act of 2000 (Division A of Public Law 106-386), as amended, (the "Act"), I here- by: \337 Make the determination provided in section 110(d)(1)(A)(i) of the Act, with respect to Cambodia and Venezuela, not to provide cer- tain funding for those countries' governments for fiscal year 2006, until such government complies with the minimum standards or makes significant efforts to bring itself into compliance, as may be determined by the Secretary of State in a report to the Congress pur- suant to section 110(b) of the Act; \337 Make the determination provided in section 110(d)(1)(A)(ii) of the Act, with respect to Burma, Cuba, and the Democratic People's Re- public of Korea (DPRK), not to provide certain funding for those countries' governments for fiscal year 2006, until such government complies with the minimum standards or makes significant efforts to bring itself into compliance, as may be determined by the Sec- retary of State in a report to the Congress pursuant to section 110 (b) of the Act; \337 Make the determination provided in section 110(d)(3) of the Act, concerning the determinations of the Secretary of State with respect to Bolivia, Jamaica, Qatar, Sudan, Togo, and the United Arab Emir- ates; \337 Determine, consistent with section 110(d)(4) of the Act, with respect to Cambodia, for all programs, projects, or activities of assistance for victims of trafficking in persons or to combat such trafficking, for promoting good governance, or which would have a significant ad- verse effect on vulnerable populations if suspended, that provision to Cambodia of the assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act for such programs, projects, or activities would promote the purpose of the Act or is otherwise in the na- tional interest of the United States; \337 Determine, consistent with section 110(d)(4) of the Act, with respect to Ecuador, that provision to Ecuador of all programs, projects, or activities of assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act would promote the purposes of the Act or is otherwise in the national interest of the United States; \337 Determine, consistent with section 110(d)(4) of the Act, with respect to Kuwait that provision to Kuwait of all programs, projects, or ac- tivities of assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act is in the national interest of the United States; \337 Determine, consistent with section 110(d)(4) of the Act, with respect to Saudi Arabia, that provision to Saudi Arabia of all programs, projects, or activities of assistance described in sections 110(d)(1)(A)(i) and 110(d)(1)(B) of the Act is in the national interest of the United States; 268

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 Other Presidential Documents \337 Determine, consistent with section ll0(d)(4) of the Act, with respect to Venezuela, for all programs, projects, or activities of assistance for victims of trafficking in persons or to combat such trafficking, or for strengthening the democratic process, including strengthening political parties and supporting electoral observation and moni- toring and related programs, or for public diplomacy, that provision to Venezuela of the assistance described in sections l\1770(d)(\177)(A)(i) and \1770(d)(1)(B) of the Act for such programs, proiects, or activities would promote the purposes of the Act or is otherwise in the na- tional interest of the United States; \337 Determine, consistent with section \1770(d)(4) of the Act, that assist- ance to Cambodia or Venezuela described in section \1770(d)(1)(B) of the Act that (\177) is a regional program, project, or activity under which the total benefit to either Cambodia or Venezuela does not ex- ceed \1770 percent of the total value of such program, project, or activity; or (2) has a its primary objective the addressing of basic human needs, as defined by the Department of the Treasury with re- spect to other, existing legislative mandate concerning U.S. participation in the multilateral development banks; or (3) is complementary to or has similar policy objectives to pro- grams being implemented bilaterally by the United States Government; or (4) has as its primary objective the improvement of the country's legal system, including in areas that impact the country's ability to investigate and prosecute trafficking cases or other- wise improve implementation of a country's anti-trafficking policy, regulations or legislation; or (5) is engaging a government, international organization, or civil society organization, and that seeks as its primary objec- tive(s) to: (a) increase efforts to investigate and prosecute traf- ficking in persons crimes; (b) increase protection for victims of trafficking through better screening, identification, rescue/ removal, aftercare (shelter, counseling) training and re- integration; or (c) expand prevention efforts through edu- cation and awareness campaigns highlighting the dangers of trafficking or training and economic empowerment of popu- lations clearly at risk of falling victim to trafficking would promote the purpose of the Act or is otherwise in the national in- terest of the United States. The certification required by section \1770(e) of the Act is provided herewith. You are hereby authorized and directed to submit this determination to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 21, 2005. 269

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 Title 3--The President Presidential Determination No. 2005-38 of September 26, 2005 Presidential Determination Relating to Assistance for Saudi Arabia Memorandum for the Secretary of State Pursuant to the authority vested in me by the Constitution and the laws of the United States, including section 575 of the Foreign Operations, Ex- port Financing, and Related Programs Appropriations Act, 2005 (FY 2005 FOAA) (Div. D, Public Law 108-447), I hereby certify that Saudi Arabia is cooperating with efforts to combat international terrorism and that the pro- posed assistance will help facilitate that effort, and hereby waive the appli- cation of section 575 of the FY 2005 FOAA, as well as any provision of law that is the same or substantially the same as such provision, including subsequently enacted provisions. You are directed to report this certification to the Congress and publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 26, 2005. Presidential Determination No. 2005-39 of September 28, 2005 Transfers of Defense Articles or Services for Libya for Chemical Weapons Destruction Memorandum for the Secretary of State Pursuant to the authority vested in me by the Constitution and laws of the United States, including sections 40(g) and 40A of the Arms Export Control Act (AECA), I hereby: \337 determine that the transaction, encompassing sales or licensing for export of defense articles or defense services necessary to assist in chemical weapon (CW) destruction in Libya, is essential to the na- tional security interests of the United States and important to the national interests of the United States; \337 waive the prohibitions in sections 40 and 40A of the AECA related to such transaction; and \337 assign to you the functions under AECA section 40(g)(2) to consult with and submit reports to the Congress for proposed specific ex- ports or transfers, 15 days prior to permitting them to proceed, that are necessary for and within the scope of this waiver determination and the transaction referred to herein. You are authorized and directed to report this certification to the Congress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 28, 2005. 270

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 Other Presidential Documents Presidential Determination No. 2005-40 of September 28, 2005 Transfers of Defense Articles or Services and Brokering Activities for Libya Relating to Disposition of Libyan-owned C-130H Aircraft Memorandum for the Secreta\177 7' of State Pursuant to the authority vested in me by the Constitution and laws of the United States, including sections 40(g) and 40A of the Arms Export Control Act (AECA), I hereby: \337 determine that the transaction, encompassing sales or licensing for export of defense articles or defense services and brokering activi- ties necessary to assist in the disposition, including any required re- furbishment, of Libyan-owned C-130H aircraft, is essential to the national security interests of the United States and important to the national interests of the United States; \337 waive the prohibitions in sections 40 and 40A of the AECA related to such transaction; and \337 assign to you the functions under AECA section 40(g)(2) to consult with and submit reports to the Congress for proposed specific ex- ports or transfers, 15 days prior to permitting them to proceed, that are necessary for and within the scope of this waiver determination and the transaction referred to herein. You are authorized and directed to report this certification to the Congress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 28, 2005. Presidential Determination No. 2005-41 of September 29, 2005 Transfer of Funds from FY 2004 and 2005 Foreign Assistance Act and Arms Export Control Act Accounts to the International Narcotics Control and Law Enforcement Account to Support the G-8 Women's Justice and Empowerment Initiative Memorandum for the Secreta\177z of State Pursuant to the authority vested in me by the Constitution and laws of the United States, including section 6\1770 of the Foreign Assistance Act of as amended (the "Act"), I hereby determine it necessary for the purposes of that Act that $5 million in FY 2004 funds made available under the Sup- port for East European Democracy Act ($\177 million) and FY 2005 funds made available under chapter 9 of part II of the Act ($1.2 million) and under section 23 of the Arms Export Control Act ($2.8 million) be trans- ferred to, and consolidated with, funds made available under chapter 8 of 271

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 Title 3--The President part I of the Act, and such funds are hereby so transferred and consoli- dated. You are hereby authorized and directed to report this determination to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 29, 2005. Presidential Determination No. 2006-01 of October 14, 2005 Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization (PLO) Office Memorandum for the Secretary of State Pursuant to the authority and conditions contained in section 534(d) of the Foreign Operations, Export Financing, and Related Programs Appropria- tions Act, 2005, Public Law 108-447, as provided for in the Joint Resolu- tion Making Continuing Appropriations for the Fiscal Year 2006 (Public Law 109-77), I hereby determine and certify that it is important to the na- tional security interests of the United States to waive the provisions of sec- tion 1003 of the Anti-Terrorism Act of 1987, Public Law 100-204. This waiver shall be effective for a period of 6 months from the date hereof. You are hereby authorized and directed to transmit this determination to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, October 14, 2005. Presidential Determination No. 2006-02 of October 16, 2005 Provision of U.S. Drug Interdiction Assistance to the Government of Brazil Memorandum for the Secretary of State [and] the Secretary of Defense Pursuant to the authority vested in me by section \177012 of the National De- fense Authorization Act for Fiscal Year \177995, as amended (22 U.S.C. \365 229\177-4), I hereby certify, with respect to Brazil, that (\177) interdiction of air- craft reasonably suspected to be primarily engaged in illicit drug trafficking in that country's airspace is necessary because of the extraordinary threat posed by illicit drug trafficking to the national security of that country; and (2) that country has appropriate procedures in place to protect against inno- cent loss of life in the air and on the ground in connection with such inter- diction, which shall at a minimum include effective means to identify and warn an aircraft before the use of force is directed against the aircraft. 272

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Author:John Lesesne DeWitt

Western Defense Command

 * Public Proclamation No. 1 (March 2, 1942)
 * Public Proclamation No. 4 (March 27, 1942)

title: Author:John Lesesne DeWitt


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 Other Presidential Documents The Secretary of State is authorized and directed to publish this determina- tion in the Federal Register and to notify Congress of this determination. GEORGE W. BUSH THE WHITE HOUSE, Washington, October 16, 2005. Notice of October 17, 2005 Intention To Enter Into a Free Trade Agreement With Oman Consistent with section 2105(a)(1)(A) of the Trade Act of 2002, I have noti- fied the Congress of my intention to enter into a Free Trade Agreement (FTA) with the Sultanate of Oman. Consistent with section 2105(a)(\177)(A) of that Act, this notice shall be pub- lished in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, October 17, 2005. Notice of October 19, 2005 Continuation of the National Emergency With Respect to Significant Narcotics Traffickers Centered in Colombia On October 2% \177995, by Executive Order \1772978, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 170\177-\177706) to deal with the unusual and extraor- dinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of significant narcotics traffickers centered in Colombia, and the extreme level of violence, corruption, and harm such actions cause in the United States and abroad. The order blocks all property and interests in property of foreign persons listed in an annex to the order that are in the United States or within the possession or control of U.S. persons, as well as of foreign persons deter- mined to play a significant role in international narcotics trafficking cen- tered in Colombia. The order similarly blocks all property and interests in property of foreign persons determined to materially assist in, or provide financial or technological support for or goods or services in support of, the narcotics trafficking activities of persons designated in or pursuant to the order, or persons determined to be owned or controlled by, or to act for or on behalf of, persons designated in or pursuant to the order. The order also prohibits any transaction or dealing by United States persons or within the United States in such property or interests in property. Because the actions of significant narcotics traffickers centered in Colombia continue to threaten the national security, foreign policy, and economy of the United States and to cause an extreme level of violence, corruption, 273

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 Title 3--The President and harm in the United States and abroad, the national emergency declared on October 2% 1995, and the measures adopted pursuant thereto to deal with that emergency, must continue in effect beyond October 2% 2005. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for \177 year the national emergency with respect to significant narcotics traffickers centered in Colombia. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, October 19, 2005. Presidential Determination No. 2006-03 of October 24, 2005 Presidential Determination on FY 2006 Refugee Admissions Numbers and Authorizations of In-Country Refugee Status Pursuant to Sections 207 and 101(a)(42), respectively, of the Immigration and Nationality Act, and Determination Pursuant to Section 2(b)(2) of the Migration and Refugee Assistance Act, as Amended Memorandum for the Secretary of State In accordance with Section 207 of the Immigration and Nationality Act (the "Act") (8 U.S.C. \177157), as amended, and after appropriate consultations with the Congress, I hereby make the following determinations and author- ize the following actions: The admission of up to 70,000 refugees to the United States during FY 2006 is justified by humanitarian concerns or is otherwise in the national interest; provided, however, that this number shall be understood as in- cluding persons admitted to the United States during FY 2006 with Federal refugee resettlement assistance under the Amorasian immigrant admissions program, as provided below. The 70,000 admissions numbers shall be allocated among refugees of spe- cial humanitarian concern to the United States in accordance with the fol- lowing regional allocations; provided, however, that the number allocated to the East Asia region shall include persons admitted to the United States during FY 2006 with Federal refugee resettlement assistance under section 584 of the Foreign Operations, Export Financing, and Related Programs Ap- propriations Act of \177988, as contained in section \1770\177(e) of Public Law \17700- 202 (Amorasian immigrants and their family members); provided further that the number allocated to the former Soviet Union shall include persons admitted who were nationals of the former Soviet Union, or in the case of persons having no nationality, who were habitual residents of the former Soviet Union, prior to September 2, 199\177: 274

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 Other Presidential Documents Africa 20,000 East Asia 15,000 Europe and Central Asia 15,000 Latin America/Caribbean 5,000 Near East/South Asia 5,000 Unallocated Reserve \1770,000 The \1770,000 unallocated refu\365ee numbers shall be allocated to re\365tonal ceil- in\365s as needed. Upon providin\365 notification to the Judiciary Committees of the Con\365mss, you are hereby authorized to use unallocated numbers in re- \365ions where the need for additional numbers arises. Additionally, upon notification to the Judiciary Committees of the Con- \365mss, you are further authorized to transfer unused admission numbers al- located to a particular re\365ion to one or more other re\365ions, if there is a need for \365mater numbers for the re\365ion or re\365ions to which the numbers are bein\365 transferred. Consistent with section 2(b)(2) of the Mi\365ration and Refu\365ee Assistance Act of 1962, as amended, I hereby determine that assist- ance to or on behalf of persons applyin\365 for admission to the United States as part of the overseas refu\365ee admissions pro\365ram will contribute to the forei\365n policy interests of the United States and desi\365nate such persons for this purpose. Consistent with section 101(a)(42) of the Act (a U.S.C. l101(a)(42)) and after appropriate consultation with the Con\365mss, I also specify that, for FY 2006, the followin\365 persons may, if otherwise qualified, be considered refu- \365ees for the purpose of admission to the United States within their coun- tries of nationality or habitual residence: a. Persons in Vietnam b. Persons in Cuba c. Persons in the former Soviet Union d. In exceptional circumstances, persons identified by a United States Embassy in any location You are authorized and directed to report this determination to the Con- gress immediately and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, October 24, 2005. Notice of October 25, 2005 Continuation of National Emergency Regarding the Proliferation of Weapons of Mass Destruction On November 14, 1994, by Executive Order 12938, President Clinton de- clared a national emergency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the proliferation of nuclear, biological, and chemical weap- ons (weapons of mass destruction) and the means of delivering such weap- ons. On July 28, 1998, the President issued Executive Order 13094 amend- ing Executive Order \1772938 to respond more effectively to the worldwide 275

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 Title 3--The President threat of weapons of mass destruction proliferation activities. On June 28, 2005, I issued Executive Order 13382 which, inter alia, further amended Executive Order 12938 to improve our ability to combat proliferation. cause the proliferation of weapons of mass destruction and the means of delivering them continues to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the national emergency first declared on November 14, 1994, must continue in effect beyond November \1774, 2005. In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for 1 year the national emergency declared in Executive Order 12938, as amended. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, October 25, 2005. Notice of November 1, 2005 Continuation of the National Emergency With Respect to Sudan On November 3, 1997, by Executive Order 13067, the President declared a national emergency with respect to Sudan pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and policies of the Govern- ment of Sudan. Because the actions and policies of the Government of Sudan continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency de- clared on November 3, 1997, and the measures adopted on that date to deal with that emergency must continue in effect beyond November 3, 2005. Therefore, consistent with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for i year the national emergency with respect to Sudan. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, November 1, 2005. 276

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 Other Presidential Documents Memorandum of November 2, 2005 Assignment of Certain Reporting Functions Memorandum for the Secretaty of State By the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President contained within sec- tion 1205 of the National Defense Authorization Act for Fiscal Year 2003 (Public Law 107-314) to provide the specified report to the Congress. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, November 2, 2005. Notice of November 9, 2005 Continuation of the National Emergency With Respect to Iran On November 14, 1979, by Executive Order 12170, the President declared a national emergency with respect to Iran pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the situation in Iran. Be- cause our relations with Iran have not yet returned to normal, and the proc- ess of implementing the January 19, 1981, agreements with Iran is still un- derway, the national emergency declared on November 14, 1979, must con- tinue in effect beyond November 14, 2005. Therefore, consistent with sec- tion 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am con- tinuing for 1 year this national emergency with respect to Iran. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, November 9, 2005. 277

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 Title 3--The President Memorandum of November 10, 2005 Determinations Under Section 1106(a) of the Omnibus Trade and Competitiveness Act of 1988--Kingdom of Saudi Arabia Memorandum for the United States Trade Representative The Kingdom of Saudi Arabia (Saudi Arabia) is seeking to become a Mem- ber of the World Trade Organization (WTO). Saudi Arabia has concluded a bilateral agreement with the United States related to Saudi Arabia's acces- sion to the WTO. Saudi Arabia's commitments under this bilateral agree- ment with the United States ensure: (1) that all state trading enterprises, as defined in section 1107(6) of the Omnibus Trade and Competitiveness Act of 1988 (the "Act") (19 U.S.C. 2906(6)), will make (a) purchases that are not for government use and (b) sales in international trade, in accord- ance with commercial considerations, including price, quality, availability, marketability, and transportation, and (2) that such state trading enterprises will afford U.S. business firms adequate opportunity, in accordance with customary practice, to compete for such purchases and sales. In accordance with section 1106(a)(1) of the Act (19 U.S.C. 2905(a)(1)), I determine that state trading enterprises account for a significant share of the exports of Saudi Arabia and the goods that compete with imports into Saudi Arabia. Further, I determine that, based on the bilateral agreement that Saudi Arabia has entered into with the United States, information pro- vided and commitments set forth in the Report of the Working Party on the Kingdom of Saudi Arabia's Accession to the WTO, and other information considered in connection with Saudi Arabia's WTO accession negotiations including information in the United States National Energy Policy report, an affirmative determination under section 1106(a)(2) is not warranted. The determinations under section 1106(a) are intended solely to further the purpose of section 1106 and are not determinative for the purpose of any other statute or regulation. You are directed to publish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, November 10, 2005. Presidential Determination No. 2006-4 of November 22, 2005 Presidential Determination Pursuant to Section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as Amended Memorandum for the Secretary of State Pursuant to section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as amended, 22 U.S.C. 2601(c)(1), I hereby determine that it is impor- tant to the national interest that up to $5 million be made available from 278

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 Other Presidential Documents the U.S. Emergency Refugee and Migration Assistance Fund to meet unex- pected urgent humanitarian needs of refugees and other victims of the Oc- tober 2005 earthquake in Pakistan. These funds may be used, as appro- priate, to provide contributions to international, governmental, and non- governmental organizations. You are authorized and directed to inform the appropriate committees of the Congress of this determination and the obligation of funds under this authority, and to arrange for the publication of this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, November 22, 2005. Presidential Determination No. 2006-5 of December 14, 2005 Suspension of Limitations Under the Jerusalem Embassy Act Memorandum for the Secretary of State Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Em- bassy Act of 1995 (Public Law 104-45) (the "Act"), I hereby determine that it is necessary to protect the national security interests of the United States to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act. My Administration remains committed to begin- ning the process of moving our Embassy to Jerusalem. You are hereby authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the Federal Register. This suspension shall take effect after transmission of this determination and report to the Congress. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 14, 2005. Memorandum of December 15, 2005 Assignment of Functions Under Section 1306 of Public Law 107-314 Memorandum for the Secretary of State By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 30\177 of title 3, United States Code, I hereby assign to you the functions of the President under section \177306 of the Bob Stump National Defense Authorization Act for Fiscal Year 2003 (Public Law \17707-3\1774)(22 U.S.C. 5952 note), as continued in effect by 279

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 Title 3--The President subsequent law, including section 116 of the Continuing Resolution for Fis- cal Year 2006 (Public Law 109-77), as amended. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 15, 2005. Memorandum of December 20, 2005 Designation of Officers of the Office of the Director of National Intelligence To Act as Director of National Intelligence Memorandum for the Director of National Intelligence By the authority vested in me as President by the Constitution and 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: Section 1. Subject to the provisions of sections 3 and 4 of this memo- randum, the officers of the Office of the Director of National Intelligence named in section 2, in the order listed, shall act as and perform the func- tions and duties of the office of the Director of National Intelligence (DNI), during any period in which the DNI and the Principal Deputy Director of National Intelligence have died, resigned, or otherwise become unable to perform the functions and duties of the office of the DNI, until such time as at least one of the officers listed in this section is able to perform the functions and duties of the DNI. Sec. 2. Order of Succession. (a) Deputy Director of National Intelligence for Management; (b) Deputy Director of National Intelligence for Collection; (c) Deputy Director of National Intelligence for Analysis; (d) Deputy Director of National Intelligence for Customer Outcomes; (e) Chief of Staff, Office of the Director of National Intelligence; (f) General Counsel, Office of the Director of National Intelligence; and (g) Chief Information Officer, Office of the Director of National Intel- ligence. Sec. 3. National Security Act of 1947. This memorandum shall not supercede the authority of the Principal Deputy Director of National Intel- ligence to act for, and exercise the powers of, the Director of National Intel- ligence during the absence or disability of the Director of National Intel- ligence or during a vacancy in the position of Director of National Intel- ligence, (National Security Act of \177947, as amended, 50 U.S.C. 403-3a). 280

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 Other Presidential Documents Sec. 4. Exceptions. (a) No individual who is serving in an office listed in section 2 in an acting capacity shall act as the DNI pursuant to this section. (b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by law, to depart from this memorandum in designating an acting DNI. Sec. 5. Publication. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 20, 2005. Memorandum of December 22, 2005 Order of Succession of Officers to Act as Secretary of Defense Memorandum for the Secretazy of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et. seq., and notwithstanding the Executive Order I issued today entitled, "Providing an Order of Succession within the Department of Defense" (the order), it is hereby ordered as follows: (1) Subject to the provisions of paragraphs 2 and 4 of this memorandum, the Acting Deputy Secretary of Defense, as designated by the President, shall act as and perform the functions and duties of the office of the Sec- retary of Defense (Secretary) during any period when the Secretary has died, resigned, or is otherwise unable to perform functions and duties of the office of the Secretary. (2) The provisions of paragraph \177 of this memorandum shall only apply if, at the time of the death, resignation, or inability of the Secretary, the Act- ing Deputy Secretary of Defense meets one or more of the criteria estab- lished in section 3345(a)(\177)-(3) of title 5, United States Code. (3) In all other respects, the order shall remain in effect. (4) The authority of this memorandum shall terminate upon the first ap- pointment by the President of a Deputy Secretary of Defense to occur sub- sequent to this memorandum, unless sooner terminated by operation of law or by the President. 281

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 Title 3--The President (5) You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 22, 2005. Memorandum of December 22, 2005 Provision of Aviation Insurance Coverage for Commercial Air Carrier Service in Domestic and International Operations Memorandum for the Secretazy of Transportation By the authority vested in me by 49 U.S.C. 44302, et seq., I hereby: 1. determine that continuation of U.S.-flag commercia] air service is nec- essary in the interest of air commerce, nationa] security, and the foreign po]icy of the United States. 2. approve provision by the Secretary of Transportation of insurance or re- insurance to U.S.-flag air carriers against ]oss or damage arising out of any risk from the operation of an aircraft in the manner and to the extent pro- vided in Chapter 443 of 49 U.S.C.: (a) unti] August 3% 2006; (b) after August 3% 2006, but no ]ater than December 3% 2006, when he determines that such insurance or reinsurance cannot be obtained on rea- sonab]e terms and conditions from any company authorized to conduct an insurance business in a State of the United States; and 3. de]egate to the Secretary of Transportation the authority, vested in me by 49 U.S.C. 44306(c), to extend this determination for additiona] periods beyond August 3% 2006, but no ]ater than December 3% 2006, when he finds that the continued operation of aircraft to be insured or reinsured is necessary in the interest of air commerce or the nationa] security, or to carry out the foreign po]icy of the United States Government. You are directed to bring this determination immediate]y to the attention of a]] air carriers within the meaning of 49 U.S.C. 40102(2), and to arrange for its pub]ication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 22, 2005. 282

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 Other Presidential Documents Presidential Determination No. 2006-6 of December 22, 2005 Waiver of Conditions on Obligation and Expenditure of Funds for Planning, Design, and Construction of a Chemical Weapons Destruction Facility in Russia for Calendar Year 2006 Memorandum for the Secreta\177y of State Consistent with the authority vested in me by section 1303 of the National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) (the "Act"), I hereby certify that waiving the conditions described in section \177305 of the National Defense Authorization Act for Fiscal Year 2000 (Pub- lic Law \17706-65), as amended, is important to the national security interests of the United States, and include herein, for submission to the Congress, the statement, justification, and plan described in section \177303 of the Act. This waiver shall apply for calendar year 2006. You are authorized and directed to transmit this certification, including the statement, justification, and plan, to the Congress and to arrange for the publication of this certification in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 22, 2005. Presidential Determination No. 2006-7 of December 30, 2005 Presidential Determination on Imports of Circular Welded Non-Alloy Steel Pipe from the People's Republic of China Memorandum for the Secretary of Commerce[,] the Secretary of LaborLand] the United States Trade Representative Pursuant to section 421 of the Trade Act of 1974, as amended (19 U.S.C. 2451), I have determined the action I will take with respect to the affirma- tive determination of the United States International Trade Commission (USITC) regarding imports of circular welded non-alloy steel pipe (steel pipe) from China (Investigation No. TA-421-6). After considering all rel- evant aspects of the investigation, I have determined that providing import relief for the U.S. steel pipe industry is not in the national economic inter- est of the United States. In particular, I find that the import relief would have an adverse impact on the United States economy clearly greater than the benefits of such action. The facts of this case indicate that any import relief, including either of the USITC's proposed remedies, is likely to be ineffective because of the extent to which imports from third countries would likely replace curtailed Chi- nese imports. A large number of third countries--the USITC documents more than 50 of them--supply the U.S. market with steel pipe. Although antidumping duties currently apply to imports from eight of those coun- tries, there are many other countries currently supplying steel pipe to the 283

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 Title 3--The President U.S. market that could fill the void created by curtailed Chinese imports. Under these circumstances, import relief would likely not provide a mean- ingful benefit to domestic producers. In addition, imposing import relief would cost U.S. consumers substan- tially more than the increased income that could be realized by domestic producers. According to USITC estimates, the USITC's recommended quota remedy would generate costs for U.S. consumers five times greater than the additional income that could be realized by domestic producers. Under the USITC's recommended tariff rate quota remedy, the costs would be four times greater than the income generated by domestic producers. While the particular circumstances of this case make clear that the U.S. na- tional economic interest would not be served by the imposition of import relief under section 42% I remain fully committed to exercising the impor- tant authority granted to me under section 421 when the circumstances of a particular case warrant it. I hereby direct the Secretary of Commerce and the Secretary of Labor to expedite consideration of any Trade Adjustment Assistance applications re- ceived from domestic producers or their workers, consistent with their stat- utory mandates. The United States Trade Representative is authorized and directed to pub- lish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 30, 2005. Presidential Determination No. 2006-8 of December 30, 2005 Drawdown to Provide Disaster Relief Assistance for Pakistan Under Section 506(a)(2) of the Foreign Assistance Act of 1961, as Amended Memorandum for the Secreta\177:y of State [and] the Secreta\177:y of Defense Pursuant to the authority vested in me by section 506(a)(2) of the Foreign Assistance Act of \17796% as amended, 22 U.S.C. 23\1778(a)(2)(tho "Act"), I here- by determine that it is in the national interest of the United States to draw down articles and services from the inventory and resources of the Depart- ment of Defense for the purpose of providing international disaster relief assistance to Pakistan. I therefore direct the drawdown of up to $30 million of defense articles and so\177wicos from the inventory and resources of the Department of Defense for Pakistan for the purposes and under the authorities of chapter 9 of part I of the Act, relating to international disaster assistance. 284

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 Other Presidential Documents The Secretary of State is authorized and directed to report this determina- tion to the Congress and to arrange for its publication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, December 30, 2005. 285

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 CHAPTER I--EXECUTIVE OFFICE OF THE PRESIDENT Part Page 100 Standards of conduct .............................................. 288 101 Public information provisions of the Administra- tive Procedures Act .............................................. 288 102 Enforcement of nondiscrimination on the basis of handicap in programs or activities conducted by the Executive Office of the President .................. 288 287

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 PART 100--STANDARDS OF \365 101.3 Office of Administration. CONDUCT Freedom of Information regulations for the Office of Administration appear at 5 CFl\177 part 2502. AUTHOHITY: 5 U.S.C. 7301. SOUHCE: 64 FR 12881, Mar. 16, 1999, unless [55 FR 46037, Nov. 1, 1990] otherwise noted. \365 101.4 National Security Council. \365 100.1 Ethical conduct standards and Freedom of Information regulations financial disclosure regulations. for the National Security Council ap- Employees of the Executive Office of pear at 32 CFl\177 Ch. XXI. the President are subject to the execu- \365 101.5 Council on Environmental tive branch-wide standards of ethical Quality. conduct at 5 CFl\177 part 2635, and the ex- ecutive branch-wide financial disclo- Freedom of Information regulations sure regulations at 5 CFl\177 part 2634. for the Council on Environmental Quality appear at 40 CFl\177 Ch. V. PART 101--PUBLIC INFORMATION [42FR65131, Dec. 3O, 1977] PROVISIONS OF THE ADMINIS- \365IOI.\177 Office ofNationalDrugControl TRATIVE PROCEDURES ACT Policy. Freedom of Information regulations Sec. for the Office of National Drug Control 101.1 Executive Office of the President. Policy appear at 21 CFl\177 parts 1400-1499. 101.2 Office of Management and Budget. 101.3 Office of Administration. [55 FR 46037, Nov. 1, 1990] 101.4 National Security Council. 101.5 Council on Environmental Quality. \365 101.7 Office of Science and Tech- 101.6 Office of National Drug Control Pat- nology Policy. icy. Freedom of Information regulations 101.7 Office of Science and Technology Pat- for the Office of Science and Tech- icy. nology Policy appear at 32 CFl\177 part 101.8 Office of the United States Trade Rep- 2402. resentative. [55 FR 46037, Nov. 1, 1990] AUTHORITY: 5 U.S.C. 552. SOURCE: 40 FR 8061, Feb. 25, 1975 and 55 FR \365 101.$ Office of the United States 46067, November 1, 1990, unless otherwise Trade Representative. noted. Freedom of Information regulations for the Office of the United States \365 101.1 Executive Office of the Presi- Trade I\177epresentative appear at 15 CFI\177 dent. part 2004. Until further regulations are promul- [55 FR 46037, Nov. 1, 1990] gated, the remainder of the entities within the Executive Office of the PART 102--ENFORCEMENT OF President, to the extent that 5 U.S.C. NONDISCRIMINATION ON THE 552 is applicable, shall follow the proce- dures set forth in the regulations appli- BASIS OF HANDICAP IN PRO- cable to the Office of Management and GRAMS OR ACTIVITIES CON- Budget (5 CFl\177 Ch. III). Requests for in- DUCTED BY THE EXECUTIVE OF- formation from these other entities FICE OF THE PRESIDENT should be submitted directly to such entity. Sec. 102.101 Purpose. \365 101.2 Office of i\177lanagement and 102.102 Application. Budget. 102.103 Definitions. 102.10\177102.109 [Reserved] Freedom of Information regulations 102.110 Self-evaluation. for the Office of Management and 102.111 Notice. Budget appear at 5 CFl\177 Ch. III. 102.112 102.129 [Reserved] 288

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United States Code/Title 11/Chapter 7/Section 705

§ 705. Creditors' committee

 * (a) At the meeting under section 341 (a) of this title, creditors that may vote for a trustee under section 702 (a) of this title may elect a committee of not fewer than three, and not more than eleven, creditors, each of whom holds an allowable unsecured claim of a kind entitled to distribution under section 726 (a)(2) of this title.

 * (b) A committee elected under subsection (a) of this section may consult with the trustee or the United States trustee in connection with the administration of the estate, make recommendations to the trustee or the United States trustee respecting the performance of the trustee’s duties, and submit to the court or the United States trustee any question affecting the administration of the estate.


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 Executive Office of the President \365 102.103 102.130 General prohibitions against dis- mission, or similar group established in crimination. the Executive Office of the President. 102.131 102.139 [Reserved] Agency head or head of the agency; as 102.140 Employment. used in \365\365102.150(a)(3), 102.160(d) and 102.141 102.148 [Reserved] 102.170 (i) and (j), shall be a three-mem- 102.149 Program accessibility: Discrimina- ber board which will include the Direc- tion prohibited. 102.150 Program accessibility: Existing fa- tot, Office of Administration, the head cilities. of the Executive Office of the Presi- 102.151 Program accessibility: New con- dent, agency in which the issue needing' struction and alterations. resolution or decision arises and one 102.15\177102.159 [Reserved] other agency head selected by the two 102.160 Communications. other board members. In the event that 102.161 102.169 [Reserved] an issue needing' resolution or decision 102.170 Compliance procedures. arises within the Office of Administra- 102.171 102.999 [Reserved] tion, one of the board members shall be AUTHORITY: 29 U.S.C. 794. the Director of the Office of Manage- ment and Budget. SOURCE: 53 FR 25879, July 8, 1988, unless Assistant Attorney General means the otherwise noted. Assistant Attorney General, Civil \365 102.101 Purpose. l\177ights Division, United States Depart- ment of Justice. The purpose of this regulation is to Auxiliary aids means services or de- effectuate section 119 of the l\177ehabili- vices that enable persons with im- tation, Comprehensive Services, and paired sensory, manual, or speaking' Developmental Disabilities Amend- skills to have an equal opportunity to merits of 1978, which amended section participate in, and enjoy the benefits 504 of the l\177ehabilitation Act of 1973 to of, programs or activities conducted by prohibit discrimination on the basis of the agency. For example, auxiliary aids handicap in programs or activities con- useful for persons with impaired vision ducted by Executive agencies or the include readers, Brailled materials, United States Postal Service. audio recordings, and other similar \365102.102 Application. services and devices. Auxiliary aids useful for persons with impaired hear- This regulation (\365\365102.101-102.170)ap- ing include telephone handset ampli- plies to all programs or activities con- tiers, telephones compatible with hear- ducted by the agency, except for pro- ing aids, telecommunication devices grams or activities conducted outside for deaf persons (TDD's), interpreters, the United States that do not involve notetakers, written materials, and individuals with handicaps in the other similar services and devices. United States. Complete complaint means a written statement that contains the complain- \365102.103 Definitions. ant's name and address and describes For purposes of this regulation, the the agency's alleged discriminatory ac- terin- tion in sufficient detail to inform the Agency means, for purposes of this agency of the nature and date of the al- regulation only, the following entities leged violation of section 504. It shall in the Executive Office of the Presi- be signed by the complainant or by dent: the White House Office, the Office someone authorized to do so on his or of the Vice President, the Office of her behalf. Complaints filed on behalf Management and Budget, the Office of of classes or third parties shall describe Policy Development, the National Se- or identify (by name, if possible) the curity Council, the Office of Science alleged victims of discrimination. and Technology Policy, the Office of Facility means all or any portion of the United States Trade l\177epresenta- buildings, structures, equipment, tive, the Council on Environmental roads, walks, parking lots, rolling Quality, the Council of Economic Ad- stock or other conveyances, or other visers, the Office of Administration, real or personal property. the Office of Federal Procurement Pol- Historic preservation programs means icy, and any committee, board, com- programs conducted by the agency that 289

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 \365 102.103 3 CFR Ch. I (1-1-2006 Edition) have preservation of historic properties (ii) Has a physical or mental impair- as a primary purpose. merit that substantially limits major Historic properties' means those prop- life activities only as a result of the at- erties that are listed or eligible for titudes of others toward such impair- listing in the National l\177egister of I-Ils- merit; or toric Places or properties designated as (iii) I-Ias none of the impairments de- historic under a statute of the appro- fined in paragraph (1) of this definition priate State or local government body. but is treated by the agency as having Individual with handicaps' means any such an impairment. person who has a physical or mental Qualified individual with handicaps impairment that substantially limits means-- one or more major life activities, has a (1) With respect to preschool, elemen- record of such an impairment, or is re- tary, or secondary education services garded as having such an impairment. provided by the agency, an individual As used in this definition, the phrase: with handicaps who is a member of a class of persons otherwise entitled by (1) Physical or mental impairment in- cludes- statute, regulation, or agency policy to receive education services from the (i) Any physiological disorder or con- dition, cosmetic disfigurement, or aria- agency; tomical loss affecting one or more of (2) With respect to any other agency program or activity under which a per- the following body systems: Neuro- son is required to perform services or logical; musculoskeletal; special sense to achieve a level of accomplishment, organs; respiratory, including speech an individual with handicaps who organs; cardiovascular; reproductive; meets the essential eligibility require- digestive; genitourinary; heroic and ments and who can achieve the purpose lymphatic; skin; and endocrine; or of the program or activity without (ii) Any mental or psychological dis- modifications in the program or activ- order, such as mental retardation, or- ity that the agency can demonstrate ganic brain syndrome, emotional or would result in a fundamental alter- mental illness, and specific learning ation in its nature; disabilities. The term "physical or (3) With respect to any other pro- mental impairment" includes, but is gram or activity, an individual with not limited to, such diseases and condi- handicaps who meets the essential eli- tions as orthopedic, visual, speech, and gibility requirements for participation hearing impairments, cerebral palsy, in, or receipt of benefits from, that pro- epilepsy, muscular dystrophy, multiple gram or activity; and sclerosis, cancer, heart disease, diabe- (4) "Qualified handicapped person" as tes, mental retardation, emotional ill- that term is defined for purposes of era- hess, and drug addiction and alco- ployment in 29 CFl\177 1613.702(f), which is holism. made applicable to this regulation by (2) Major life activities' includes func- \365102.140. tions such as caring for one's self, per- Section 504 means section 504 of the forming manual tasks, walking, seeing, l\177ehabilitation Act of 1973 (Pub. L. 93- hearing, speaking, breathing, learning, 112, 87 Stat. 394 (29 U.S.C. 794)), as and working. amended by the l\177ehabilitation Act (3) Has' a record of such an impairment Amendments of 1974 (Pub. L. 93-516, 88 means has a history of, or has been Stat. 1617); the l\177ehabilitation, Com- misclassified as having, a mental or prehensive Services, and Develop- physical impairment that substantially mental Disabilities Amendments of limits one or more major life activi- 1978 (Pub. L. 95-602, 92 Stat. 2955); and ties. the l\177ehabilitation Act Amendments of (4) Is regarded as' having an impairment 1986 (Pub. L. 99\177506, 100 Stat. 1810). As means-- used in this regulation, section 504 (i) I-Ias a physical or mental impair- plies only to programs or activities ment that does not substantially limit conducted by Executive agencies and major life activities but is treated by not to federally assisted programs. the agency as constituting such a limi- Substantial impairment means a sig- tation; nificant loss of the integrity of finished 29O

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 Executive Office of the President \365 102.130 materials, design quality, or special rectly or through contractual, licens- character resulting from a permanent ing, or other arrangements, on the alteration. basis of handicap- (i) Deny a qualified individual with \3658102.104-102.109 [Reserved] handicaps the opportunity to partici- \365 102.110 Self-evaluation. pate in or benefit from the aid, benefit, (a) The agency shall, by September 6, or service; 1989, evaluate its current policies and (ii) Afford a qualified individual with practices, and the effects thereof, that handicaps an opportunity to partici- do not or may not meet the require- pate in or benefit from the aid, benefit, ments of this regulation and, to the ex- or service that is not equal to that af- tent modification of any such policies forded others; and practices is required, the agency (iii) Provide a qualified individual shall proceed to make the necessary with handicaps with an aid, benefit, or modifications. service that is not as effective in af- (b) The agency shall provide an op- fording equal opportunity to obtain the portunity to interested persons, includ- same result, to gain the same benefit, ing individuals with handicaps or orga- or to reach the same level of achieve- nizations representing individuals with ment as that provided to others; handicaps, to participate in the self- (iv) Provide different or separate aid, evaluation process by submitting corn- benefits, or services to individuals with ments (both oral and written). handicaps or to any class of individuals (c) The agency shall, for at least with handicaps than is provided to oth- three years following completion of the self-evaluation, maintain on file and ers unless such action is necessary to make available for public inspection: provide qualified individuals with (1) A description of areas examined handicaps with aid, benefits, or serv- and any problems identified; and ices that are as effective as those pro- (2) A description of any modifications vided to others; made. (v) Deny a qualified individual with handicaps the opportunity to partici- \365 102.111 Notice. pate as a member of planning or advi- The agency shall make available to sory boards; employees, applicants, participants, (vi) Otherwise limit a qualified indi- beneficiaries, and other interested per- vidual with handicaps in the enjoy- sons such information regarding the ment of any right, privilege, advan- provisions of this regulation and its ap- tage, or opportunity enjoyed by others plicability to the programs or activi- receiving the aid, benefit, or service. ties conducted by the agency, and (2) The agency may not deny a quail- make such information available to fied individual with handicaps the op- them in such manner as the head of the agency finds necessary to apprise such portunity to participate in programs or persons of the protections against dis- activities that are not separate or dif- crimination assured them by section ferent, despite the existence of permis- 504 and this regulation. sibly separate or different programs or activities. 88102.112-102.129 [Reserved] (3) The agency may not, directly or through contractual or other arrange- \365 102.130 General prohibitions against discrimination. ments, utilize criteria or methods of administration the purpose or effect of (a) No qualified individual with which would-- handicaps shall, on the basis of hahall- (i) Subject qualified individuals with cap, be excluded from participation in, handicaps to discrimination on the be denied the benefits of, or otherwise basis of handicap; or be subjected to discrimination under any program or activity conducted by (ii) Defeat or substantially impair ac- the agency. complishment of the objectives of a (b)(1) The agency, in providing any program or activity with respect to in- aid, benefit, or service, may not, di- dividuals with handicaps. 291

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 \365\365 102.131-102.139 3 CFR Ch. I (1-1-2006 Edition) (4) The agency may not, in deter- Commission in 29 CFl\177 part 1613, shall mining the site or location of a facil- apply to employment in federally con- ity, make selections the purpose or ef- ducted programs or activities. fect of which would- (i) Exclude individuals with handi- \365102.141-102.148 [Reserved] caps from, deny them the benefits of, or otherwise subject them to discrimi- \365 102.149 Program accessibility: Dis- crimination prohibited. nation under any program or activity conducted by the agency; or Except as otherwise provided in (ii) Defeat or substantially impair \365102.150, no qualified individual with the accomplishment of the objectives handicaps shall, because the agency's of a program or activity with respect facilities are inaccessible to or unus- to individuals with handicaps. able by individuals with handicaps, be (5) The agency, in the selection of denied the benefits of, be excluded from procurement contractors, may not use participation in, or otherwise be sub- criteria that subject qualified individ- jected to discrimination under any pro- uals with handicaps to discrimination gram or activity conducted by the on the basis of handicap. agency. (6) The agency may not administer a licensing or certification program in a \365 102.150 Program accessibility: Exist- manner that subjects qualified individ- ing facilities. uals with handicaps to discrimination (a) General. The agency shall operate on the basis of handicap, nor may the each program or activity so that the agency establish requirements for the program or activity, when viewed in its programs or activities of licensees or entirety, is readily accessible to and certified entities that subject qualified usable by individuals with handicaps. individuals with handicaps to disctirol- This paragraph does not-- nation on the basis of handicap. How- (1) Necessarily require the agency to ever, the programs or activities of enti- make each of its existing facilities ac- ties that are licensed or certified by cessible to and usable by individuals the agency are not, themselves, cov- with handicaps; ered by this regulation. (2) In the case of historic preserva- (c) The exclusion of nonhandicapped tion programs, require the agency to persons from the benefits of a program take any action that would result in a limited by Federal statute or Execu- substantial impairment of significant tive order to individuals with handi- historic features of an historic prop- caps or the exclusion of a specific class erty; or of individuals with handicaps from a (3) l\177equire the agency to take any program limited by Federal statute or action that it can demonstrate would Executive order to a different class of result in a fundamental alteration in individuals with handicaps is not pro- the nature of a program or activity or hibited by this regulation. in undue financial and administrative (d) The agency shall administer pro- burdens. In those circumstances where grams and activities in the most inte- agency personnel believe that the pro- grated setting appropriate to the needs posed action would fundamentally of qualified individuals with handicaps. alter the program or activity or would result in undue financial and adminis- \365\365102.131-102.139 [Reserved] trative burdens, the agency has the burden of proving that compliance with \365102.140 Employment. \365102.150(a) would result in such alter- No qualified individual with handi- ation or burdens. The decision that caps shall, on the basis of handicap, be compliance would result in such alter- subject to discrimination in employ- ation or burdens must be made by the ment under any program or activity agency head or his or her designee conducted by the agency. The defini- after considering all agency resources tions, requirements, and procedures of available for use in the funding and op- section 501 of the l\177ehabilitation Act of eration of the conducted program or 1973 (29 U.S.C. 791), as established by activity, and must be accompanied by the Equal Employment Opportunity a written statement of the reasons 292

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 Executive Office of the President \365 102.151 forreaching that conclusion. If an ac- cannot otherwise be made accessible; tion would result in such an alteration or or such burdens, the agency shall take (iii) Adopting other innovative meth- any other action that would not result ods. in such an alteration or such burdens (c) Time period for compliance. The but would nevertheless ensure that in- agency shall comply with the obliga- dividuals with handicaps receive the tions established under this section by benefits and services of the program or November 7, 1988, except that where activity. structural changes in facilities are un- (b) Methods--(1) General. The agency dertaken, such changes shall be made may comply with the requirements of by September 6, 1991, but in any event this section through such means as re- as expeditiously as possible. design of equipment, reassignment of (d) Transition plan. In the event that services to accessible buildings, assign- structural changes to facilities will be ment of aides to beneficiaries, home undertaken to achieve program acces- visits, delivery of services at alternate sibility, the agency shall develop, by accessible sites, alteration of existing March 6, 1989, a transition plan setting facilities and construction of new fa- forth the steps necessary to complete cilities, use of accessible rolling stock, such changes. The agency shall provide or any other methods that result in an opportunity to interested persons, making its programs or activities read- including individuals with handicaps or ily accessible to and usable by individ- organizations representing individuals uals with handicaps. The agency is not with handicaps, to participate in the required to make structural changes in development of the transition plan by existing facilities where other methods submitting comments (both oral and are effective in achieving compliance written). A copy of the transition plan with this section. The agency, in mak- shall be made available for public in- ing alterations to existing buildings, spection. The plan shall, at a rain- shall meet accessibility requirements iraurn-- to the extent compelled by the Archi- (1) Identify physical obstacles in the tectural Barriers Act of 1968, as amend- agency's facilities that limit the acces- ed (42 U.S.C. 41514157), and any regula- sibility of its programs or activities to tions implementing it. In choosing individuals with handicaps; among available methods for meeting (2) Describe in detail the methods the requirements of this section, the that will be used to make the facilities agency shall give priority to those accessible; methods that offer programs and ac- (3) Specify the schedule for taking tivities to qualified individuals with the steps necessary to achieve compli- handicaps in the most integrated set- ance with this section and, if the time ting appropriate. period of the transition plan is longer (2) Historic preservation programs. In than one year, identify steps that will meeting the requirements of \365102.150(a) be taken during each year of the tran- in historic preservation programs, the sition period; and agency shall give priority to methods (4) Indicate the official responsible that provide physical access to individ- for implementation of the plan. uals with handicaps. In cases where a physical alteration to an historic prop- \365 102.151 Program accessibility: New erty is not required because of construction and alterations. \365102.150(a) (2) or (3), alternative meth- Each building or part of a building ods of achieving program accessibility that is constructed or altered by, on include-- behalf of, or for the use of the agency (i) Using audio-visual materials and shall be designed, constructed, or ai- devices to depict those portions of an tered so as to be readily accessible to historic property that cannot other- and usable by individuals with hahall- wise be made accessible; caps. The definitions, requirements, (ii) Assigning persons to guide indi- and standards of the Architectural Bar- viduals with handicaps into or through riers Act (42 U.S.C. 4151-4157), as estab- portions of historic properties that lished in 41 CFl\177 101-19.600 to 101-19.607, 293

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 \365\365 102.152-102.159 3 CFR Ch. I (1-1-2006 Edition) apply to buildings covered by this sec- that compliance with \365102.160 would re- rich. sult in such alteration or burdens. The decision that compliance would result \3658 102.152-102.159 [Reserved] in such alteration or burdens must be 8102.160 Communications. made by the agency head or his or her designee after considering all agency (a) The agency shall take appropriate resources available for use in the fund- steps to ensure effective coremunica- ing and operation of the conducted pro- tion with applicants, participants, per- gram or activity and must be accom- sonnel of other Federal entities, and panied by a written statement of the members of the public. reasons for reaching that conclusion. If (1) The agency shall furnish appro- an action required to comply with this priate auxiliary aids where necessary section would result in such an alter- to afford an individual with handicaps an equal opportunity to participate in, ation or such burdens, the agency shall take any other action that would not and enjoy the benefits of, a program or result in such an alteration or such activity conducted by the agency. (i) In determining what type of auxil- burdens but would nevertheless ensure iary aid is necessary, the agency shall that, to the maximum extent possible, give primary consideration to the re- individuals with handicaps receive the quests of the individual with handi- benefits and services of the program or caps. activity. (ii) The agency need not provide indi- vidually prescribed devices, readers for 88102.161-102.169 [Reserved] personal use or study, or other devices of a personal nature. 8102.170 Compliance procedures. (2) Where the agency communicates (a) Except as provided in paragraph with applicants and beneficiaries by (b) of this section, this section applies telephone, telecommunication devices to all allegations of discrimination on for deaf persons (TDD's) or equally ef- the basis of handicap in programs and fective telecommunication systems activities conducted by the agency. shall be used to communicate with per- (b) The agency shall process com- sons with impaired hearing. plaints alleging violations of section (b) The agency shall ensure that in- 504 with respect to employment accord- terested persons, including persons ing to the procedures established by with impaired vision or hearing, can the Equal Employment Opportunity obtain information as to the existence Commission in 29 CFR part 1613 pursu- and location of accessible services, ac- ant to section 501 of the Rehabilitation tivities, and facilities. Act of 1973 (29 U.S.C. 791). (c) The agency shall provide signage at a primary entrance to each of its in- (c) The Director, Facilities Manage- accessible facilities, directing' users to merit, Office of Administration, Execu- a location at which they can obtain in- rive Office of the President, shall be re- formation about accessible facilities. sponsible for coordinating' implementa- The international symbol for accessi- tion of this section. Complaints may be bility shall be used at each primary en- sent to the Director at the following' trance of an accessible facility. address: Room 486, Old Executive Office (d) This section does not require the Building', 17th and Pennsylvania Ave. agency to take any action that it can NW., Washington, DC 20500. demonstrate would result in a funda- (d) The agency shall accept and in- mental alteration in the nature of a vestigate all complete complaints for program or activity or in undue finan- which it has jurisdiction. All complete cial and administrative burdens. In complaints must be filed within 180 those circumstances where agency per- days of the alleged act of discrimina- sonnel believe that the proposed action rich. The agency may extend this time would fundamentally alter the program period for good cause. or activity or would result in undue fi- nancial and administrative burdens, the agency has the burden of proving' 294

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 Executive Office of the President \365\365 102.171-102.999 (e) If the agency receives a complaint of receipt from the agency of the letter over which it does not have jurisdic- required by \365102.170(g). The agency tion, it shall promptly notify the corn- may extend this time for good cause. plainant and shall make reasonable ef- (i) Timely appeals shall be accepted forts to refer the complaint to the ap- and processed by the head of the agen- propriate Government entity. cy. (f) The agency shall notify the Archi- (j) The head of the agency shall no- tectural and Transportation Barriers tify the complainant of the results of Compliance Board upon receipt of any the appeal within 60 days of the receipt complaint alleging that a building or of the request. If the head of the agen- facility that is subject to the Architec- cy determines that additional informa- tural Barriers Act of 1968, as amended tion is needed from the complainant, (42 U.S.C. 4151-4157), is not readily ac- he or she shall have 60 days from the cessible to and usable by individuals date of receipt of the additional infor- with handicaps. mation to make his or her determina- (g) \177Vithin 180 days of the receipt of a tion on the appeal. complete complaint for which it has ju- (k) The time limits cited in para- risdiction, the agency shall notify the graphs (g) and (j) of this section may be complainant of the results of the inves- extended with the permission of the tigation in a letter containing-- Assistant Attorney General. (1) Findings of fact and conclusions (1) The agency may delegate its au- of law; thority for conducting complaint in- (2) A description of a remedy for each vestigations to other Federal agencies, violation found; and except that the authority for making (3) A notice of the right to appeal. the final determination may not be (h) Appeals of the findings of fact and delegated to another agency. conclusions of law or remedies must be filed by the complainant within 90 days \365\365 102.171-102.999 [Reserved] 295

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text: Dictionary of National Biography, 1885-1900/Edward III


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 Title 3 Finding Aids Table 1--Proclamations Table 2--Executive Orders Table 3--Other Presidential Documents Table 4--Presidential Documents Affected During 2005 Table 5--Statutes Cited as Authority for Presidential Documents List of CFR Sections Affected Index 297

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 Table 1--PROCLAMATIONS No. Sub}ect 70 FR Page 7859 ................ Honoring the Mentory of the Victims of 1159 the Indian Ocean Earthquake and Tsunamis. 7860 ................ To Extend Nondiscriminatory Trade 2321 Treatment (Normal Trade Relations Treatment) to the Products of Armenia. 7861 ................ National Mentoring Month, 2005 ............ 2797 7862 ................ Martin Luther King, Jr., Federal Holiday, 3271 2005. 7863 ................ National Sanctity of Huntan Life Day, 3273 2005. 7864 ................ Religious Freedom Day, 2005 .................. 3275 7865 ................ 60th Anniversary of the Liberation of 4985 Auschwitz Concentration Camp, 2005. 7866 ................ Anterican Heart Month, 2005 .................. 6545 7867 ................ Centennial of the Forest Service, 2005 ... 6547 7868 ................ National African Anterican History 6995 Month, 2005. 7869 ................ National Consumer Protection Week, 6997 2005. 7870 ................ To Modify Rules of Origin Under the 7611 North Anterican Free Trade Agree- ment. 7871 ................ Anterican Red Cross Month, 2005 ........... 10483 7872 ................ Women's History Month, 2005 ................ 10857 7873 ................ Irish-American Heritage Month, 2005 ..... 11531 7874 ................ Save Your Vision Week, 2005 ................. 11533 7875 ................ National Poison Prevention Week, 2005 14965 7876 ................ Greek Independence Day: A National 15723 Day of Celebration of Greek and Anterican Democracy, 2005. 7877 ................ National Crime Victims' Rights Week, 17197 2005. 7878 ................ National Child Abuse Prevention Month, 17293 2005. 7879 ................ National Donate Life Month, 2005 .......... 17295 7880 ................ National Fornter Prisoner of War Rec- 17297 ognition Day, 2005. 7881 ................ Honoring the Mentory of Pope }ohn Paul 17301 II. 7882 ................ Pan Anterican Day and Pan Anterican 17883 Week, 2005. 7883 ................ National D.A.R.E. Day, 2005 .................... 17885 7884 ................ Cancer Control Month, 2005 ................... 17887 7885 ................ National Volunteer Week, 2005 ............... 20265 7886 ................ Small Business Week, 2005 ..................... 20269 7887 ................ National Park Week, 2005 ....................... 20455 299

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 Title 3--The President No. Sub}ect 70 FR Page 7888 ................ Education and Sharing Day, U.S.A., 20691 2005. 7889 ................ National Physical Fitness and Sports 21127 Month, 2005. 7890 ................ National Charter Schools Week, 2005 ..... 23007 7891 ................ Law Day, U.S.A., 2005 ............................. 23771 7892 ................ Loyalty Day, 2005 ..................................... 23773 7893 ................ National Observance of the 60th Anni- 23915 versary of the End of World War II, 2005. 7894 ................ Asian/Pacific American Heritage Month, 23917 2005. 7895 ................ Older Americans Month, 2005 ................ 23919 7896 ................ National Day of Prayer, 2005 ................... 23921 7897 ................ Mother's Day, 2005 .................................. 24475 7898 ................ Jewish Heritage Week, 2005 .................... 24695 7899 ................ National Hurricane Preparedness Week, 25459 2005. 7900 ................ World Trade Week, 2005 ......................... 28411 7901 ................ Peace Officers Memorial Day and Police 28765 Week, 2005. 7902 ................ National Defense Transportation Day 28767 and National Transportation Week, 2005. 7903 ................ National Safe Boating Week, 2005 .......... 29569 7904 ................ National Maritime Day, 2005 .................. 29571 7905 ................ Prayer for Peace, Memorial Day, 2005 .... 29915 7906 ................ National Homeownership Month, 2005 .. 31319 7907 ................ Black Music Month, 2005 ........................ 32971 7908 ................ Great Outdoors Month, 2005 ................... 32973 7909 ................ National Child's Day, 2005 ...................... 33333 7910 ................ Flag Day and National Flag Week, 2005 34983 7911 ................ Father's Day, 2005 .................................... 35503 7912 ................ To Modify Duty-Free Treatment Under 37959 the Generalized System of Preferences and Certain Rules of Origin Under the North American Free Trade Agree- ment, and for Other Purposes. 7913 ................ Captive Nations Week, 2005 .................... 41931 7914 ................ Parents' Day, 2005 .................................... 43255 7915 ................ Anniversary of the Americans with Dis- 44039 abilities Act, 2005. 7916 ................ 40th Anniversary of the Voting Rights 46401 Act of 1965. 7917 ................ National Airborne Day, 2005 ................... 48473 7918 ................ Women's Equality Day, 2005 ................... 51557 7919 ................ National Ovarian Cancer Awareness 51995 Month, 2005. 7920 ................ National Prostate Cancer Awareness 51997 Month, 2005. 7921 ................ National Drug and Alcohol Addiction 52281 Recovery Month, 2005. 7922 ................ Death of William H. Rehnquist ............... 53719 7923 ................ Honoring the Memory of the Victims of 53721 Hurricane Katrina. 300

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 Table 1--Proclamations No. Sub}ect 70 FR Page 7924 ................ To Suspend Subchapter IV of Chapter 54227 31 of Title 40, United States Code, Within a Limited Geographic Area in Response to the National Emergency Caused by Hurricane Katrina. 7925 ................ National Day of Prayer and Remem- 54233 brance for the Victims of Hurricane Katrina. 7926 ................ Minority Enterprise Development Week, 54461 2005. 7927 ................ National Historically Black Colleges and 54463 Universities Week, 2005. 7928 ................ National Days of Prayer and Remem- 54465 brance, 2005. 7929 ................ Patriot Day, 2005 ...................................... 54467 7930 ................ National POW/MIA Recognition Day, 55021 2005. 7931 ................ National Hispanic Heritage Month, 2005 55505 7932 ................ Constitution Day and Citizenship Day, 55507 Constitution Week, 2005. 7933 ................ National Farm Safety and Health Week, 55509 2005. 7934 ................ Family Day, 2005 ..................................... 55511 7935 ................ Gold Star Mother's Day, 2005 ................. 56341 7936 ................ National Breast Cancer Awareness 58281 Month, 2005. 7937 ................ National Disability Employment Aware- 58283 ness Month, 2005. 7938 ................ National Domestic Violence Awareness 58285 Month, 2005. 7939 ................ Child Health Day, 2005 ............................ 58287 7940 ................ German-American Day, 2005 ................... 59207 7941 ................ Fire Prevention Week, 2005 .................... 59977 7942 ................ National School Lunch Week, 2005 ........ 59979 7943 ................ Leif Erikson Day, 2005 ............................. 59981 7944 ................ Columbus Day, 2005 ................................ 59983 7945 ................ General Pulaski Memorial Day, 2005 ...... 59985 7946 ................ National Character Counts Week, 2005 .. 61013 7947 ................ National Employer Support of the Guard 61015 and Reserve Week, 2005. 7948 ................ National Forest Products Week, 2005 ..... 61017 7949 ................ White Cane Safety Day, 2005 .................. 61019 7950 ................ United Nations Day, 2005 ........................ 61545 7951 ................ Death of Rosa Parks .................................. 66741 7952 ................ National Adoption Month, 2005 ............. 67331 7953 ................ National Diabetes Month, 2005 ............... 67333 7954 ................ National Hospice Month, 2005 ................ 67335 7955 ................ Veterans Day, 2005 ................................... 67337 7956 ................ National American Indian Heritage 67635 Month, 2005. 7957 ................ National Family Caregivers Month, 2005 67637 7958 ................ National Alzheimer's Disease Awareness 67639 Month, 2005. 7959 ................ Revoking Proclamation 7924 ................... 67899 7960 ................ World Freedom Day, 2005 ....................... 69247 7961 ................ National Farm-City Week, 2005 .............. 69887 301

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 Title 3--The President No. Sigl, atm'e Sub}ect 70 FR Page Date 2005 7962 ................ Nov. 15 America Recycles Day, 2005 ................... 69889 7963 ................ Nov. 18 Thanksgiving Day, 2005 ........................... 70985 7964 ................ Nov. 21 National Family Week, 2005 ................... 70989 7965 ................ Nov. 22 National Drunk and Drugged Driving 72061 Prevention Month, 2005. 7966 ................ Nov. 28 National Pearl Harbor Remembrance 72063 Day, 2005. 7967 ................ Dec. 1 .. World AIDS Day, 2005 ............................. 72575 7968 ................ Dec. 9 .. Human Rights Day, Bill of Rights Day, 73903 and Human Rights Week, 2005. 7969 ................ Dec. 16 Wright Brothers Day, 2005 ...................... 75711 7970 ................ Dec. 22 To Take Certain Actions Under the Aft'i- 76647 can Growth and Opportunity Act. 7971 ................ Dec. 22 To Implement the United States-Mo- 76651 rocco Free Trade Agreement. 7972 ................ Dec. 22 National Mentoring Month, 2006 ............ 76969 3O2

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 Table 2--EXECUTIVE ORDERS No. Sub}ect 70 FR Page 13369 .............. President's Advisory Panel on Federal 2323 Tax Reform. 13370 .............. Providing an Order of Succession in the 3137 Office of Management and Budget. 13371 .............. Amendments to Executive Order 13285, 5041 Relating to the President's Council on Service and Civic Participation. 13372 .............. Clarification of Certain Executive Orders 8499 Blocking Property and Prohibiting Certain Transactions. \1773373 .............. Amendments to Executive Order \177926 12579 Relating to the Vice Presidential Serv- ice Badge. \1773374 .............. Amendments to Executive Order \177296\177 12293--The Foreign Service of the United States. 13375 .............. Amendment to Executive Order \1773295 \1777299 Relating to Certain Influenza Viruses and Quarantinable Communicable Dis- eases. \1773376 .............. Amendments to Executive Order \1772863, 20261 Relating to the President's Foreign In- telligence Advisory Board. \1773377 .............. Designating the African Union as a Pub- 20263 lic International Organization Entitled To Enjoy Certain Privileges, Exemp- tions, and Immunities. \1773378 .............. Amendments to Executive Order \1772788 284\1773 Relating to the Defense Economic Ad- iustment Program. 13379 .............. Amendment to Executive Order \1773369, 35505 Relating to the President's Advisory Panel on Federal Tax Reform. \1773380 .............. Implementing Amendments to Agree- 35509 ment on Border Environment Coopera- tion Commission and North American Development Bank. 13381 .............. Strengthening Processes Relating to De- 37953 termining Eligibility for Access to Classified National Security Informa- tion. 13382 .............. Blocking Property of Weapons of Mass 38567 Destruction Proliferators and Their Supporters. 3O3

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 Title 3--The President No. Sigl, atm'e Sub}ect 70 FR Page Date 2005 13383 .............. Iuly 15 Amending Executive Orders 12139 and 41933 12949 in Light of Establishment of the Office of Director of National Intel- ligence. 13384 .............. Iuly27 Assignment of Functions Relating to 43739 Original Appointments as Commis- sioned Officers and Chief WaiTant Of- ricer Appointments in the Armed Forces. 13385 .............. Sep. 29 Continuance of Certain Federal Advisory 57989 Committees and Amendments to and Revocation of Other Executive Orders. 13386 .............. Sep. 30 Further Amendment to Executive Order 58289 13369, Relating to the President's Ad- visory Panel on Federal Tax Reform. 13387 .............. Oct. 14 2005 Amendments to the Manual for 60697 Courts-Martial, United States. 13388 .............. Oct. 25 Further Strengthening the Sharing of 62023 TeiTorism Information To Protect Americans. 13389 .............. Nov. i Creation of the Gulf Coast Recovery and 67325 Rebuilding Council. 13390 .............. Nov. i Establishment of a Coordinator of Fed- 67327 eral Support for the Recovery and Re- building of the Gulf Coast Region. 13391 .............. Nov. 22 Blocking Property of Additional Persons 71201 Undermining Democratic Processes or Institutions in Zimbabwe. 13392 .............. Dec. 14 Improving Agency Disclosure of Infor- 75373 mation. 13393 .............. Dec. 22 Adjustments of Certain Rates of Pay ....... 76655 13394 .............. Dec. 22 Providing an Order of Succession With- 76665 in the Department of Defense. 3O4

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 Table 3--OTHER PRESIDENTIAL DOCUMENTS Siglmtm'e Date Subiect 70 FR Page 2005 Tan. 4 ........ Presidential Determination No. 2005-16: Provision of \177787 Emergency Disaster Relief Assistance to Twelve Coun- tries Affected by the Asian Tsunami, Including the Draw- down Under Section 506(a)(2) of the Foreign Assistance Act of \17796\177, as Amended, of Articles and Services. Tan. 7 ........ Presidential Determination No. 2005-\1777: Implementation of 385\177 Section 603 and 604 of the Foreign Relations Authoriza- tion Act, Fiscal Year 2003 (Public Law 107-228). Tan. \1773 ...... Presidential Determination No. 2005-\1778: Extension of 3853 Waiver of Section 907 of the FREEDOM Support Act With Respect to Assistance to the Government of Azer- baijan. Tan. \1777 ...... Notice: Continuation of the National Emergency With Re- 3277 spect to Terrorists Who Tin'eaten to Disrupt the Middle East Peace Process. Tan. 27 ...... Presidential Determination No. 2005-\1779: Determination to 6549 Authorize a Drawdown for Afghanistan. Feb. 9 ....... Memorandum: Delegation of Reporting Authority ................ 7631 Feb. \1770 ..... Presidential Determination No. 2005-20: Waiving Prohibi- 8497 tion on Use of Fiscal Year 2005 Economic Support Funds With Respect to Tordan. Feb. \1775 ..... Presidential Determination No. 2005-2\177: Determination to \1770313 Waive Military Coup-Related Provisions of the Foreign Operations, Export Financing, and Related Programs Ap- propriations Act, 2005, With Respect to Pakistan. Feb. \1777 ..... Memorandum: Delegation of Reporting Authority ................ 984\177 Feb. \1778 ..... Memorandum: Assignment of Certain Functions Relating to \1771\17709 Climate Change Reporting Activities. Feb. \1778 ..... Notice: Continuation of the National Emergency Relating to 89\1779 Cuba and the Emergency Authority Relating to the Regu- lation of the Anchorage and Movement of Vessels. Mar. 2 ....... Notice: Continuation of the National Emergency Blocking \1770859 Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe. Mar. l0 ..... Notice: Continuation of the National Emergency With Re- \177258\177 spect to Iran. Mar. \1774 ..... Memorandum: Delegation of Reporting Function Related to \1774967 the Sudan Peace Act. Mar. 31 ..... Memorandum: Assignment of Function to Submit a Report \1777\17795 Relating to Millennium Challenge Corporation Activities. Apr. \1774 ..... Presidential Determination No. 2005-22: Waiver and Cer- 2\17761\177 tiffcation of Statutory Provisions Regarding the Palestine Liberation Organization. Apr. 2\177 ..... Memorandum: Assignment of Reporting Functions Under 48633 the Intelligence Reform and Terrorism Prevention Act of 2004. 3O5

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 Title 3--The President Signatm'e Date Subiect 70 FR Page 2005 Apr. 21 ..... Memorandum: Effective Dates of Provisions in Title I of the 23925 Intelligence Reform and Terrorism Prevention Act of 2004. Apr. 21 ..... Order: Designation Under Executive Order \1772958 ................ 2\177609 Apr. 29 ..... Presidential Determination No. 2005-23: Determination 25457 Pursuant to Section 2(c)(\177) of the Migration and Refugee Assistance Act of \177962, as Amended. May 5 ....... Memorandum: Designation of Officers of the Office of Per- 28773 sonnel Management to Act as Director of the Office of Personnel Management. May 5 ....... Notice: Continuation of the National Emergency Blocking 24697 Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria. May 13 ..... Memorandum: Assignment of Function to Submit a Report 2943\177 to the Congress. May \1777 ..... Notice: Continuation of the National Emergency With Re- 2877\177 spect to Burma. May \1779 ..... Notice: Continuation of the National Emergency Protecting 29435 the Development Fund for Iraq and Certain Other Prop- erty in Which Iraq has an Interest. June 2 ....... Memorandum: Order of Succession of Officers to Act as 32975 Secretary of Defense. June 15 ..... Presidential Determination No. 2005-24: Suspension of 36805 Limitations Under the Jerusalem Embassy Act. June \1775 ..... Presidential Determination No. 2005-25: Determination to 36807 Authorize a Drawdown for Afghanistan. June \1777 ..... Notice: Continuation of the National Emergency With Re- 35507 spect to the Risk of Nuclear Proliferation Created by the Accumulation of Weapons-Usable Fissile Material in the Territory of the Russian Federation. June 23 ..... Notice: Continuation of the National Emergency With Re- 36803 spect to the Western Balkans. June 29 ..... Memorandum: Assignment of Certain Functions Relating to 39\17773 Telecommunications. July \177 ........ Memorandum: Assignment of Reporting Function ............... 4134\177 July 4 ........ Memorandum: Assignment of Reporting Function ............... 4404\177 July 4 ........ Presidential Determination No. 2005-26: Waiving Prohibi- 40\1778\177 tion on United States Military Assistance With Respect to the Dominican Republic. July 4 ........ Presidential Determination No. 2005-27: Implementation of 40183 Sections 603 and 604 of the Foreign Relations Authoriza- tion Act, Fiscal Year 2003 (Public Law \17707-228). July \1772 ...... Presidential Determination No. 2005-28: Presidential Deter- 4\177929 mination Regarding Drawdown Under Section 506(a)(2) of the Foreign Assistance Act \177961, as Amended, to Fur- nish Anti-Terrorism Assistance to the Philippines. July \1774 ...... Presidential Determination No. 2005-29: Waiver of Restric- 4225\177 tions on Providing Funds to the Palestinian Authority. July \1775 ...... Presidential Determination No. 2005-30: Drawdown of 43257 Commodities and Services From the Department of De- fense to Support African Union Peacekeeping in Darfur, Sudan. July \1779 ...... Notice: Continuation of the National Emergency Blocking 41935 Property of Certain Persons and Prohibiting the Importa- tion of Certain Goods From Liberia. 306

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