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 Executive Orders EO 13387 "What is substantially one transaction should not be made the basis for an unreasonable multiplication of charges against one person." (h) R.C.M. 501(a)(1) is amended to read as follows: "(\177) General courts-martial. (A) Except in capital cases, general courts-martial shall consist of a mili- tary iudge and not less than five members, or of the military iudge alone if requested and approved under R.C.M. 903. (t\177) In all capital cases, general courts-martial shall consist of a military iudge and no fewer than 12 members, unless 12 members are not reason- ably available because of physical conditions or military exigencies. If \1772 members are not reasonably available, the convening authority shall detail the next lesser number of reasonably available members under \1772, but in no event fewer than five. In such a case, the convening authority shall state in the convening order the reasons why 12 members are not reasonably available." (i) R.C.M. 503(a)(3) is amended by deleting "court-martial" and inserting "courts-martial" in lieu thereof. (i) R.C.M. 503(b)(3) is amended by inserting the words ", a combatant command or ioint command" after the words "A military iudge from one armed force may be detailed to a court-martial convened in a different armed force". (k) R.C.M. 503(c)(3) is amended by inserting the words ", a combatant command or ioint command" after the words "A person from one armed force may be detailed to serve as counsel in a court-martial in a different armed force". (1) R.C.M. 504, (b)(2)(A) is amended by inserting the following at the end thereof: "A subordinate ioint command or ioint task force is ordinarily consid- ered to be "separate or detached."" (m) R.C.M. 504, (b)(2)(t\177) is amended by deleting the word "or" at the end of the first element thereof, by deleting the period and adding"; or" at the end of the second element thereof, and by inserting the following as a third element: "(iii) In a combatant command or ioint command, by the officer exer- cising general court-martial iurisdiction over the command." (n) R.C.M. 805(b) is amended by replacing the current second sentence with the following: "No general court-martial proceeding requiring the presence of members may be conducted unless at least five members are present, or in capital cases, at least 12 members are present except as provided in R.C.M. 501(a)(1)(t\177), where 12 members are not reasonably available because of physical conditions or military exigencies. No special court-martial pro- ceeding requiring the presence of members may be conducted unless at least three members are present except as provided in R.C.M. 912(h)." (o) R.C.M. 9\1772(f)(4) is amended by deleting the fifth sentence and by in- serting the following words immediately after the words "When a challenge for cause has been denied" in the fourth sentence:

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 EO 13387 Title 3--The President "the successful use of a peremptory challenge by either party, excusing the challenged member from further participation in the court-martial, shall preclude further consideration of the challenge of that excused member upon later review. Further," (p) R.C.M. 1003(b)(2) is amended by replacing the word "foreign" with the word "hardship." (q) R.C.M. 1004(b) is amended by inserting the following after "(\177) No- tice." and before the word "Before": "(A) Referral. The convening authority shall indicate that the case is to be tried as a capital case by including a special instruction in the referral block of the charge sheet. Failure to include this special instruction at the time of the referral shall not bar the convening authority from later adding the required special instruction, provided: (i) that the convening authority has otherwise complied with the notice requirement of subsection (B); and (ii) that if the accused demonstrates specific preiudice from such failure to include the special instruction, a continuance or a recess is an adequate remedy. (B) Arraignment." (r) Insert the following new R.C.M. \17703A after R.C.M. \177103: "Rule \17703A. Sealed exhibits and proceedings. (a) In general. If the record of trial contains exhibits, proceedings, or other matter ordered sealed by the military iudge, the trial counsel shall cause such materials to be sealed so as to prevent indiscriminate viewing or disclosure. Trial counsel shall ensure that such materials are properly marked, including an annotation that the material was sealed by order of the military iudge, and inserted at the appropriate place in the original record of trial. Copies of the record shall contain appropriate annotations that matters were sealed by order of the military iudge and have been in- serted in the original record of trial. This Rule shall be implemented in a manner consistent with Executive Order \1772958, as amended, concerning classified national security information. (b) Examination of sea]ed exhibits and proceedings. Except as provided in the following subsections to this rule, sealed exhibits may not be exam- ined. (\177) Examination of sealed matters. For the purpose of this rule, "exam- ination" includes reading, viewing, photocopying, photographing, dis- closing, or manipulating the documents in any way. (2) Prior to authentication. Prior to authentication of the record by the military iudge, sealed materials may not be examined in the absence of an order from the military iudge based on good cause shown. (3) Authentication through action. After authentication and prior to dis- position of the record of trial pursuant to Rule for Courts-Martial l\177, sealed materials may not be examined in the absence of an order from the military iudge upon a showing of good cause at a post-trial Article 39a ses- sion directed by the Convening Authority. (4) Heviewing and appellate authorities. 180

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 Executive Orders EO 13387 (A) Reviewing and appellate authorities may examine sealed matters when those authorities determine that such action is reasonably necessary to a proper fulfillment of their responsibilities under the Uniform Code of Military Justice, the Manual for Courts-Martial, governing directives, in- structions, regulations, applicable rules for practice and procedure, or rules of professional responsibility. (B) Reviewing and appellate authorities shall not, however, disclose sealed matter or information in the absence of: (i) Prior authorization of the Judge Advocate General in the case of re- view under Rule for Courts-Martial 1201(b); or (ii) Prior authorization of the appellate court before which a case is pending review under Rules for Courts-Martial 1203 and \177204. (C) In those cases in which review is sought or pending before the United States Supreme Court, authorization to disclose sealed materials or information shall be obtained under that Court's rules of practice and pro- cedure. (D) The authorizing officials in paragraph (B)(ii) above may place condi- tions on authorized disclosures in order to minimize the disclosure. (E) For purposes of this rule, reviewing and appellate authorities are lim- ited to: (i) Judge advocates reviewing records pursuant to Rule for Courts-Martial \1772; (ii) Officers and attorneys in the office of the Judge Advocate General re- viewing records pursuant to Rule for Courts-Martial 1201(b); (iii) Appellate government counsel; (iv) Appellate defense counsel; (v) Appellate judges of the Courts of Criminal Appeals and their profes- sional staffs; (vi) The judges of the United States Court of Appeals for the Armed Forces and their professional staffs; (vii) The Justices of the United States Supreme Court and their profes- sional staffs; and (viii) Any other court of competent jurisdiction." (s) R.C.M. 1301(a) is amended by inserting the following after the second sentence: "Summary courts-martial shall be conducted in accordance with the reg- ulations of the military service to which the accused belongs." Sec. 2. Part III of the Manual for Courts-Martial, United States, is amended as follows: Mil. R. Evid. 3\1777(b) is amended by replacing the word "Transportation" with the words "Homeland Security." Sec. 3. Part IV of the Manual for Courts-Martial, United States, is amended as follows:

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 EO 13387 Title 3--The President (a) Paragraph 14c(2)(a) is amended by inserting the following new sub- paragraph (ii) and tenumbering existing subparagraphs (a)(ii) through (iv) as (a)(iii) through (v): "(ii) Determination of lawfulness. The lawfulness of an order is a ques- tion of law to be determined by the military judge." (b) Paragraph 16(c)(1)(a) is amended by replacing the word "Transpor- tation" with the words "Homeland Security". (c) Paragraph 35a is amended to read as follows: "a. Text. (a) Any person subject to this chapter who-- (1) operates or physically controls any vehicle, aircraft, or vessel in a reckless or wanton manner or while impaired by a substance described in section 912a(b) of this title (Article 112a(b)), or (2) operates or is in actual physical control of any vehicle, aircraft, or vessel while drunk or when the alcohol concentration in the person's blood or breath is equal to or exceeds the level prohibited under subsection (b), as shown by chemical analysis, shall be punished as a court-martial may direct. (b)(1) For purposes of subsection (a), the applicable level of the alcohol concentration in a person's blood or breath is as follows: (A) In the case of the operation or control of a vehicle, aircraft, or vessel in the United States, the level is the blood alcohol concentration prohibited under the law of the State in which the conduct occurred, except as may be provided under paragraph (b)(2) for conduct on a military installation that is in more than one State, or the prohibited alcohol concentration level specified in paragraph (b)(3). (t\177) In the case of the operation or control of a vehicle, aircraft, or vessel outside the United States, the level is the blood alcohol concentration spec- ified in paragraph (b)(3) or such lower level as the Secretary of Defense may by regulation prescribe. (2) In the case of a military installation that is in more than one State, if those States have different levels for defining their prohibited blood alco- hol concentrations under their respective State laws, the Secretary con- cerned for the installation may select one such level to apply uniformly on that installation. (3) For purposes of paragraph (b)(1), the level of alcohol concentration prohibited in a person's blood is 0.10 grams or more of alcohol per 100 milliliters of blood and with respect to alcohol concentration in a person's breath is 0.10 grams or more of alcohol per 210 liters of breath, as shown by chemical analysis." (4) In this subsection, the term "United States" includes the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa, and the term "State" includes each of those jurisdic- tions." (d) Paragraph 35b(2)(c) is amended to read as follows: 182

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 Executive Orders EO 13387 "(c) the alcohol concentration level in the accused's blood or breath, as shown by chemical analysis, was equal to or exceeded the applicable level provided in paragraph 35a above." (e) Paragraph 35f is amended as follows: "In that __(personal jurisdiction data), did (at/on board--required), on or about 20, (in the motor pool area) (near the Officer's Club) (at the intersection of __ and ) (while in the Gulf of Mexico) (while in flight over North America) physically control [a vehicle, to wit: (a truck) (a pas- senger car) ] [an aircraft, to wit: (an AH-64 helicopter)(an F-14A fight- er)(a KC-135 tanker) ] [a vessel, to wit: (the aircraft carrier USS ) (the Coast Guard Cutter) 1, [while drunk] [while impaired by ] [while the alcohol concentration in his (blood)(breath) was, as shown by chemical analysis, equal to or exceeded (.10) grams of alcohol per (100 milliliters of blood) (210 liters of breath), which is the limit under (cite applicable State law) (cite applicable statute or regulation)] [in a (reck- less) (wanton) manner by (attempting to pass another vehicle on a sharp curve) (by ordering that the aircraft be flown below the authorized alti- tude)] [and did thereby cause said (vehicle) (aircraft) (vessel) to (strike and) (injure __ )1." (f) Paragraph 97 is amended by (1) inserting the following new subpara- graph (b)(2) and tenumbering the existing subparagraphs (b)(2) and (b)(3) as (b)(3) and (b)(4); (2) adding the words "and patronizing a prostitute" after the word "Prostitution" in subparagraph (e)(1); and (3) inserting the following new subparagraph (f)(2) and tenumbering the existing subpara- graphs (0(2) and (0(3) as (0(3) and (0(4): "(b)(2) Patronizing a prostitute. (a) That the accused had sexual intercourse with another person not the accused's spouse; (b) That the accused compelled, induced, enticed, or procured such per- son to engage in an act of sexual intercourse in exchange for money or other compensation; and (c) That this act was wrongful; and (d) That, under the circumstances, the conduct of the accused was to the prejudice of good order and discipline in the armed forces or was of a na- ture to bring discredit upon the armed forces." "(f)(2) Patronizing a prostitute. In that __ (personal iurisdiction data), did, (at/on board--location) (sub- iect-matter iurisdiction data, if required), on or about 20, wrongfully (compel) (induce) (entice) (procure) __, a person not his/her spouse, to engage in (an act) (acts) of sexual intercourse with the accused in exchange for (money) ." (g) Paragraph 109 is amended to read as follows: "109. ARTICLE 134--(Threat or hoax designed or intended to cause panic or public fear) a. Text. See paragraph 60. b. E]ements. (1) Threat. 183

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 EO 13387 Title 3--The President (a) That the accused communicated certain language; (b) That the information communicated amounted to a threat; (c) That the harm threatened was to be done by means of an explosive; weapon of mass destruction; biological or chemical agent, substance, or weapon; or hazardous material; (d) That the communication was wrongful; and (e) That, under the circumstances, the conduct of the accused was to the preiudice of good order and discipline in the armed forces or was of a na- ture to bring discredit upon the armed forces. (2) Hoax. (a) That the accused communicated or conveyed certain information; (b) That the information communicated or conveyed concerned an at- tempt being made or to be made by means of an explosive; weapon of mass destruction; biological or chemical agent, substance, or weapon; or haz- ardous material to unlawfully kill, injure, or intimidate a person or to un- lawfully damage or destroy certain property; (c) That the information communicated or conveyed by the accused was false and that the accused then knew it to be false; (d) That the communication of the information by the accused was mali- cious; and (e) That, under the circumstances, the conduct of the accused was to the preiudice of good order and discipline in the armed forces or was of a na- ture to bring discredit upon the armed forces. c. Explanation. (1) Threat. A "threat" means an expressed present determination or in- tent to kill, injure, or intimidate a person or to damage or destroy certain property presently or in the future. Proof that the accused actually intended to kill, injure, intimidate, damage, or destroy is not required. (2) Explosive. "Explosive" means gunpowder, powders used for blasting, a]] forms of high explosives, blasting materiMs, fuses (other than electrical circuit breakers), detonators, and other detonating agents, smoke]ess pow- ders, any explosive bomb, grenade, missfie, or similar device, and any in- cendiary bomb or grenade, fire bomb, or similar device, and any other ex- plosive compound, mixture, or similar material (3) Weapon of mass destruction. A weapon of mass destruction means any device, explosive or otherwise, that is intended, or has the capability, to cause death or serious bodily injury to a significant number of people through the re]ease, dissemination, or impact off toxic or poisonous chemi- cals, or their precursors; a disease organism; or radiation or radioactivity. (4) Biological agent. The term "biological agent" means 12 any micro-or- ganism (including bacteria, viruses, fungi, rickettsiac, or protozoa), patho- gen, or infectious substance, and any naturally occurring, hieengineered, or synthesized component of any such micro-organism, pathogen, or infec- tious substance, whatever its origin or method of production, that is capa- ble of causing-- 184

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 Executive Orders EO 13387 (a) death, disease, or other biological malfunction in a human, an animal, a plant, or another living organism; (b) deterioration of food, water, equipment, supplies, or materials of any kind; or (c) deleterious alteration of the environment. (5) Chemical agent, substance, or weapon. A chemical agent, substance, or weapon refers to a toxic chemical and its precursors or a munition or device, specifically designed to cause death or other harm through toxic properties of those chemicals that would be released as a result of the em- ployment of such munition or device, and any equipment specifically de- signed for use directly in connection with the employment of such muni- tions or devices. (6) Hazardous material. A substance or material (including explosive, ra- dioactive material, etiologic agent, flammable or combustible liquid or solid, poison, oxidizing or corrosive material, and compressed gas, or mix- ture thereof) or a group or class of material designated as hazardous by the Secretary of Transportation. (7) Malicious. A communication is "malicious" if the accused believed that the information would probably interfere with the peaceful use of the building, vehicle, aircraft, or other property concerned, or would cause fear or concern to one or more persons. d. Lesser included of Jbnses. (1) Threat (a) Article 134--communicating a threat (b) Article 80--attempts (c) Article \17728--assault (2) Hoax. Article 80--attempts e. Maximum punishment. Dishonorable discharge, forfeitures of all pay and allowances, and confinement for \1770 years. f. Sample specifications. (\177) Threat. In that __ (personal jurisdiction data) did, (at/on board--location) on or about __20, wrongfully communicate certain information, to wit: __, which language constituted a threat to harm a person or property by means of a(n) [explosive; weapon of mass destruction; biological agent, substance, or weapon; chemical agent, substance, or weapon; and/or (a) hazardous material(s)]. (2) Hoax. In that __ (personal jurisdiction data) did, (at/on board--location), on or about __20__, maliciously (communicate) (convey) certain infor- mation concerning an attempt being made or to be made to unlawfully [(kill) (injure) (intimidate) __] [(damage) (destroy) ] by means of a(n) [explosive; weapon of mass destruction; biological agent, substance, or weapon; chemical agent, substance, or weapon; and/or (a) hazardous mate- rial(s)], to wit:, which information was false and which the accused then knew to be false." 185

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 EO 13387 Title 3--The President Sec. 4. Part V of the Manual for Courts-Martial, United States, is amended as follows: (a) Paragraph l(h) is amended by redesignating existing paragraph l(h) as 1(i) and inserting the following new paragraph 1(h): "h. Applicable standards. Unless otherwise provided, the service regula- tions and procedures of the servicemember shall apply." (b) Paragraph 2(a) is amended by replacing the words "Unless otherwise" with the word "As". (c) Paragraph 2(a) is amended by inserting the following after the second sentence: "Commander includes a commander of a joint command." (d) Paragraph 2(a) is amended by inserting the words "of a commander" in the third sentence after the words "the authority." Sec. 5. These amendments shall take effect 30 days from the date of this order. (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to the effective date of this order that was not punishable when done or omitted. (b) Nothing in these amendments shall be construed to invalidate any nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to the effective date of this order, and any such nonjudicial punishment proceeding, restraint, investigation, referral of charges, trial, or other action may proceed in the same manner and with the same effect as if these amendments had not been prescribed. GEORGE W. BUSH THE WHITE HOUSE, October 14, 2005. 186

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 Executive Orders EO 13387 Changes to the Discussion accompanying the Manual for Courts-Martial, United States (a) The Discussion section of Part I (Preamble) is amended by replacing the word "Transportation" both times it appears with the words "Homeland Security". (b) The Discussion section following R.C.M. 103(19), Definition for 10 U.S.C. 801(I), is amended by replacing the words "the General Counsel of the Department of Transportation." with the following: "an official designated to serve as Judge Advocate General of the Coast Guard by the Secretary of Homeland Security. LNOTE: The Secretmy of Homeland Security has designated the Chief Counsel, U.S. Coast Guard, to serve as the Judge Advocate General of the Coast Guard.]" (c) The Discussion following R.C.M. 201 (e)(7)(B) is amended by adding the following sentence to the beginning of the Discussion: "As to the authority to convene courts-martial, see R.C.M. 504." (d) The Discussion accompanying R.C.M. 307(c)(4) is amended by striking the first sentence. (e) The Discussion accompanying R.C.M. 601 (e) is amended by replacing the sixth paragraph with the following: "The convening authority shall indicate that the case is to be tried as a capital case by including a special instruction in the referral block of the charge sheet. Failure to include this special instruction at the time of the referral shall not bar the convening authority from later adding the required special instruction, provided that the convening authority has otherwise complied with the applicable notice requirements. If the accused demonstrates specific prejudice from such failure to include the special instructJun, a continuance or a recess is an adequate remedy." (f) The Discussion following R.C.M. 907(b)(2)(B) is amended by inserting, in the first sentence, the word "either:" before the \177vords "no limitation"; by inserting the words "; or child 187

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 EO 13387 Title 3--The President Changes to Appendix 21, Analysis of Rules t\177r Courts-Martial (a) Appendix 21, Introduction, paragraph b (Supplementary Materials), is amended by replacing the word "Transportation" with the words "Homeland Security". (b) The Analysis accompanying R.C.M. I03(2) is amended by inserting the following prior to the discussion ofR. C.M. 103(3): "2005 Amendment: The definition was amended to provide consistently with the contemporaneous amendment to R.C.M. 201 (f)( 1 )(A)(iii)(b), which altered the default referral position for capital cases." (c) The Analysis accompanying R.C.M. 201 is amended by inserting the following paragraph at the end thereof: "2005 Amendment: Subsections (e)(2)(B) and (C) were revised to clarify that the reciprocal jurisdiction authority of joint commauders designated in either subsections (A), (B), or (C), is limited. This limitation is intended to preclude a joint co\177urnander from convening courts upon members who are uot assigned or attached to a joiut command." (d) The Analysis accompanying R.C.M. 201(e)(3) is amended by inserting the following paragraph at the cud thereof: "2005 Amendment: This role clarifies that when a service member is tried by a court- martial convened by a combatant or joint commander, the implementing regulations and procedures of the service to which the accused is a member shall apply." (e) The Analysis accompanying R.C.M. 201(e)(4) is amended by inserting the following paragraph: "2005 Amendment: Subsection (e)(4) was amended to clarify that members and counsel from different services may be detailed to a court-martial convened by a combatant or joint commander." (1) The Analysis accompanying R.C.M. 201(I) is ranended by inserting the following 188

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 Executive Orders EO 13387 the government in order to refer a court-martial as capital. It also provides a default construct that is applicable to the vast majority of actual capital eligible cases." (g) The Analysis accompanying R.C.M. 307(c)(4) is amended by inserting the following prior to the discussion of subsection (c)(5): "2005 Amendment: The first sentence of the non-binding discussion was moved to subsection (4) to reflect the decision of United States v. Quiroz, which identifies the prohibkion against the unreasonable multiplication of charges as a "a long-standing principle" of military law. See United States v. Quiroz, 55 M.J. 334, 337 (C.A.A.F. 2001)." (h) The Analysis accompanying R.C.M. 503(b)(3) is amended by inserting the following paragraph: "2005Amendment: Subsection (b)(3) was amended to clarify that a military judge from any service may be detailed to a court-martial convened by a combatant or joint commander." (i) The Analysis accompanying R.C.M. 503(c)(3) is amended by inserting the following: "2005Amendment: Subsection (c)(3) was amended to clarify that counsel from any service may be detailed to a court-martial convened by a combatant or joint commander." (j) The Analysis accompm\177ying R.C.M. 504(b)(2)(B) is amended by inserting the following paragraph: "2005 Amendment: Subsection (b)(2)(B) was amended to clarify those authorized to determine when a unit is "separate or detached.'"' (k) The Analysis accompanying R.C.M. 601(e) is amended by inserting the following paragraph: "2005 Amendment: The Discussion section was amended to reflect the rule changes that require the convening authority to affirmatively refer a capital punishment eligible offense for trial as a capital case." (1) The Analysis accompanying R.C.M. 907(b)(2) is amended by inserting the following 189

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 EO 13387 Title 3--The President abuse cases in which the five-year statute of limitations was expired at the time the amendmetu to Article 43, UCMJ, became efl\177cfive. See generally Stogner v. California, 539 U.S. 607, 609 (2003). All child abuse offenses committed prior to that date would be subject to the previous five-year statute of limitations that would expire on the day prior to the effective date of the amendment - November 24, 2003. The referenced case permits unexpired periods to be extended by the new statute, but does not allow the statute to renew an expired period." (m) The Analysis accompanying R.C.M. 912(f)(4) is amended by inserting the following pamgraph: "2005 Amendment: This role change is intended to conform military practice to federal practice and limit appellate litigation when the challenged panel member could have been peremptorily challenged or actually did not participate in the trial due to a peremptory challenge by either party. This amendment is consistent with the President's lawful authority to promulgate a role that would result in placing before the accused the hard choice faced by defendants in federal district courts - to let the challenged juror sit on the case and challenge the ruling on appeal or to use a peremptory challenge to remove the juror and ensure an impartial jury. See United States v. Miles, 58 M.J. 192 (C.A.A.F. 2003); United States v. Wiesen, 56 M.J. 172 (C.A.A.F. 2001),1vettrion for reconsideration dented, 57 M.J. 48 (C.A.A.F. 2002); United States v. Armstrong, 54 M.J. 51 (C.A.A.F. 2000)." (n) The Analysis accompanying R.C.M. 1003(b)(2) is amended by inserting the following paragraph: "2005 Amendment: Hardship Duty Pay (HDP) superceded Foreign Duty Pay (FDP) on 3 February 1999. HDP is payable to members entitled to basic pay. The Secretary of Defense has established that HDP will be paid to members (a) for performing specific missi9ns, or (b) when assigned to designated areas." (o) The Analysis accompanying R.C.M. 1004(b) is amended by replacing the first 190

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 Executive Orders EO 13387 (p) The following Analysis of new R.C.M. 1103A is inserted following the Analysis of R.C.M. 1103: "Rule 1103A. 2005 Amendment: The 1998 Amendments to the Manual for Courts-Martial introduced the requirement to seal M.R.E. 412 (rape shield) motions, related papers, and the records of the hearings, to "fully protect an alleged victim of [sexual assault] against invasion of privacy and potential emban'assment." MCM Appendix 22, p. 36. As current Rule 412(c)(2) reads, it is m\177clear whether appellate courts are bound by orders sealing Rule 412 information issued by the military judge. The effect and scope of a military judge's order to seal exhibits, proceedings, or materials is similarly unclear. Certain aspects of the military justice system, particularly during appellate review, seemingly mandate access to sealed materials. For example, appellate defense counsel have a need to examine an entire record of trial to advocate thoroughly and knowingly on behalf of a client. Yet there is some uncertainty about appellate defense counsel's authority to examine sealed materials in the absence of a court order. This authority applies to both military and civilian appellate defense counsel. The role is designed to respect the privacy and other interests that justified sealing the material in the first place, while at the same time recognizing the need for certain military justice functionaries to review that same information. The rule favors an approach relying on the integrity and professional responsibility of those functionaries, and assumes that they can review sealed materials and at the same time protect the interests that justified sealing the material in the first place. Should disclosure become necessary, then the party seeking disclosure is directed to an appropriate judicial or quasi-judicial official or tribunal to obtain a disclosure order." (r) The Analysis accompanying R.C.M. 1301(a) is amended by inserting the following paragraph:

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 EO 13387 Title 3--The President Changes to Appendix 22, Analysis of The Military Rules of Evidence (a) The Introduction to Appendix 22 is amended by inserting the following at the end of the first sentence: "(the Department under which the Coast Guard was operating at that time)." (b) The Introduction to Appendix 22 is amended by replaciug the word "Transportation" in the second paragraph with the words "Homeland Security." (c) The Analysis to M.R.E. 317(b) is amended by replacing the word "Transportation" with the words "Homeland Security." (d) The Analysis to M.R.E. 801(d)(1)(B) is amended to read as follows: "Rule 801(d)(1)(B) makes admissible on the merits a statement consistent with the in- court testimouy of the witness and "offered to rebut an express or implied charge against the declarant of recent t\177tbrication or improper influence or motive." Unlike Rule 80 l(d)(1)(A), which addresses prior inconsistent statements given under oath, the earlier consistent statemeut need not have been made under oath or at any type of proceeding. Rule 801(d)(1)(B) provides in pertinent part that a statement is not hearsay if the declarant testifies at the trial or hearing and is subject to cross-examination concerning the statement, and the statement is consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive. The court has interpreted the rule to require that a prior statement, admitted as substantive evidence, precede any motive to fabricate or improper influence that it is offered to rebut. United States v. Allison, 49 M.J. 54, 57 (C.A.A.F. 1998). Where multiple motives to fabricate or multiple improper influences are asserted, the statement need not precede all such motives or inferences, but only the one it is ofl\177red to rebut. United States v. Faison, 49 M.J. 59, 63 (C.A.A.F. 1998). This interpretation of the rule is consistent with the Supreme Court% decision in Tome v. United States, 513 U.S. 150, 159 (1995)." 192

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 Executive Orders EO 13387 The Rule strikes a balance between the general policy behind the Rules of Evidence of permitting admission of probative and reliable evidence and the congressional intent "that the residual hearsay exceptions will be used very rarely, and only in exceptional circumstances." S. Rep. No. 93-1277, reprinted in 1974 U.S.C.C.A.N. 7051, 7066. MRE 807 represents the acceptance of the so-called "catch-all" or "residual" exception to the hearsay role. Because of the constitutional concerns associated with hearsay statements, the courts have created specific foundational requirements in order for residual hearsay to be admitted. See United States v. Haner, 49 M.J. 72, 77-78 (C.A.A.F. 1998). These requirements are: necessity, materiality, reliability, and notice. The necessity prong "'essentially creates a %est evidence' requirement.'" United States v. Kelley, 45 M.J. 275,280 (C.A.A.F. 1996) (quoting Larez v. City of\234os Angeles, 946 F.2d 630, 644 (9th Cir. 1991)). Coupled with the rule's materiality requirement, necessity represents an important fact that is more than marginal or inconsequential and is in furtherance of the interests of justice and the general purposes of the rules of evidence. There are two altemative tests in order to fulfill the reliability condition. If the residual hearsay is a "non-testimonial statement," the proponent of the statement must demonstrate that the statement has particularized guarantees of trustworthiness as shown from the totality of the circumstances. Idaho v. \177Vright, 497 U.S. 805 (1990). The factors surrounding the taking of the statement and corroboration by other evidence should be examined to test the statement for trustworthiness. The Court of Appeals for the Armed Forces has held that the Supreme Court's prohibition against bolstering the indicia of reliability under a Sixth Amendment analysis does not apply to a residual hearsay analysis. Therefore, in addition to evidence of the circumstances surrounding the taking of the statement, extrinsic evidence can be considered. United States v. McGrath, 39 M.J. 158, 167 (C.M.A. 1994)." However, if the residual hearsay is a "testimonial statement," e.g. "affidavits, custodial examinations, prior testimony that the [accused] was 193

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 EO 13387 Title 3--The President Changes to Appendix 23, Analysis of Punitive Articles (a) Paragraph 14. The Analysis accompanying Punitive Article 90 is amended by inserting the following new subparagraph c(2)(a)(ii) and redesignating existing subparagraphs (a)(ii) through (iv) as (a)(iii) through (v): "(ii) 2005 Amendment: The Court of Appeals for the Armed Forces held that the lawfulhess of an order is a question of law to be determined by the military judge, not the trier of fact. See United States v. New, 55 M.J. 95, 100-01 (C.A.A.F. 2001)." (b) Paragraph 35. The Analysis accompanying Punitive Article 111 is amended by inserting the following new paragraph at the end of paragraph a: "Additionally, this change defines the offense in terms of what alcohol concentration level is prohibited by operation of State law or as otherwise provided. Also, the text reflects an amendment to section 911 of title 10, United States Code, in section 552 of the National Defense Authorization Act for Fiscal Year 2004 to restore the blood alcohol concentration limit that defines the offense of drunken operation of a vehicle, aircraft, or vessel in the United States to the limit that existed before the passage of section 581 of the National Defense Authorization Act for Fiscal Year 2002. Before passage of that Act, m\177 alcohol concentration level in the person's blood or breath of 0.10 grams "or more" of alcohol per 100 milliliters of blood (or 210 liters of breath) was a punishable offense. By relying on the term "blood alcohol content limit," as defined to be the maximum permissible concentration to operate a vehicle, aircraft, or vessel, section 581 resulted in eliminating the level of 0.10 grmns as a prohibited Ievel of alcohol concentration and raised the definition of the offense to some level in excess of 0.10 grams." (c) Analysis for paragraph 97 is amended by adding the following: "2005 Amendment: b. Elements. Subparagraph (2) defines the elements of the offense of patronizing a prostitute. Old subparagraphs (2) and (3) are now (3) and (4) respectively." (d) Paragraph 109. The Analysis accompanying Punitive Article 134, subparagraph c, is

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 Executive Orders EO 13387 used in this amendment are based on the following U.S. Code provisions: 40 U.S.C. \365 2302 (weapons of mass destruction); 22 U.S.C. \365 6701 (chemical weapons); 50 U.S.C. \365 1520a (biological agents); and 49 U.S.C. \365 5301 (hazardous material)." (e) Paragraph 109. The Analysis accompanying Punitive Article 134, subparagraph e, is amended by inserting the following at the end thereof: "2005 Amendment: This amendment increases the maximum punishment currently permitted under paragraph 109 from five years to ten years. Ten years is the maximum period of confinement permitted under 18 U.S.C. \365 844(e), the U.S. Code section upon which the original paragraph 109 is based." 195

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 EO 13387 Title 3--The President Changes to Appendix 24, Analysis of Nonjudicial Punishment Procedure (a) The Analysis section of Part V, Nonjudicial Punishment Procedure, paragraph l(h), is amended by renaming it paragraph l(i) and inserting the following as paragraph l(h): "2005 Amendment: Subsection (h) is new. This subsection was added to clarify that nonjudicial punishment proceedings conducted in a combatant or joint command are to be conducted in accordance with the implementing regnlations and procedures of the service of which the accused is a member." (b) The Analysis accompanying Part V, Nonjudicial Punishment Procedure, paragraph 2, is amended by inserting the following paragraph: "2005 Amendment: Subsection (2) was amended to clarify the authority of the commander of a joint commm\177d to impose nonjudicial punishraent upon service members of the joint command." (c) The Analysis accompanying Part V, Nonjudicial Punishment Procedures, paragraph 7(e), is amended by replacing the word "Transportation" with the words "Homelined Security." \17796

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 Executive Orders EO 13387 Changes to Other Appendices Accompanying the Manual for Courts-Martial (a) Appendix 3.1, "Memorandum of Understanding Between the Departments of Justice and Transportation (Coast Guard) Relating to the Investigations and Prosecution of Crimes Over Which the Two Departments Have Concurrent Jurisdiction," is deleted. (b) Appendix 12, "Maximtan Punishment Chart" is amended as follows: (1) Substituting "Prostitution and patronizing a prostitute" for "Prostitution."; and (2) Substitute "Threat or hoax designed or intended to cause panic or public fear" for "Threat, bomb, or hoax," and substitute "10 yrs" for "5 yrs" in the Confinement colurea. 197

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United States Code/Title 11/Chapter 7/Section 703

§ 703. Successor trustee

 * (a) If a trustee dies or resigns during a case, fails to qualify under section 322 of this title, or is removed under section 324 of this title, creditors may elect, in the manner specified in section 702 of this title, a person to fill the vacancy in the office of trustee.

 * (b) Pending election of a trustee under subsection (a) of this section, if necessary to preserve or prevent loss to the estate, the United States trustee may appoint an interim trustee in the manner specified in section 701 (a).

 * (c) If creditors do not elect a successor trustee under subsection (a) of this section or if a trustee is needed in a case reopened under section 350 of this title, then the United States trustee—
 * (1) shall appoint one disinterested person that is a member of the panel of private trustees established under section 586 (a)(1) of title 28 to serve as trustee in the case; or
 * (2) may, if none of the disinterested members of such panel is willing to serve as trustee, serve as trustee in the case.


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 EO 13388 Title 3--The President Executive Order 13388 of October 25, 2005 Further Strengthening the Sharing of Terrorism Information To Protect Americans By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458), and in order to further strengthen the effective conduct of United States counterterrorism activities and protect the territory, people, and interests of the United States of America, including against terrorist attacks, it is hereby ordered as follows: Section 1. Policy. To the maximum extent consistent with applicable law, agencies shall, in the design and use of information systems and in the dis- semination of information among agencies: (a) give the highest priority to (i) the detection, prevention, disruption, preemption, and mitigation of the effects of terrorist activities against the territory, people, and interests of the United States of America; (ii) the interchange of terrorism information among agencies; (iii) the interchange of terrorism information between agencies and appropriate authorities of State, local, and tribal governments, and between agencies and appropriate private sector entities; and (iv) the protection of the ability of agencies to acquire additional such information; and (b) protect the freedom, information privacy, and other legal rights of Americans in the conduct of activities implementing subsection (a). Sec. 2. Duties of Heads of Agencies Possessing or Acquiring Terrorism In- formation. To implement the policy set forth in section 1 of this order, the head of each agency that possesses or acquires terrorism information: (a) shall promptly give access to the terrorism information to the head of each other agency that has counterterrorism functions, and provide the terrorism information to each such agency, unless otherwise directed by the President, and consistent with (i) the statutory responsibilities of the agen- cies providing and receiving the information; (ii) any guidance issued by the Attorney General to fulfill the policy set forth in subsection l(b) of this order; and (iii) other applicable law, including sections 102A(g) and (i) of the National Security Act of 1947, section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004 (including any policies, procedures, guidelines, rules, and standards issued pursuant thereto), sections 202 and 892 of the Homeland Security Act of 2002, Executive Order 12958 of April 17, 1995, as amended, and Executive Order 13311 of July 29, 2003; and (b) shall cooperate in and facilitate production of reports based on ter- rorism information with contents and formats that permit dissemination that maximizes the utility of the information in protecting the territory, people, and interests of the United States. Sec. 3. Preparing Terrorism Information for Maximum Distribution. To as- sist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the common standards for the sharing of terrorism information established pursuant to section 3 of Executive Order 13356 of August 27, 2004, shall be used, as appropriate, in carrying

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 Executive Orders EO 13388 out section 1016 of the Intelligence Reform and Terrorism Prevention Act of 2004. Sec. 4. l?equirements for Collection of Terrorism Information Inside the United States. To assist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the recommenda- tions regarding the establishment of executive branch-wide collection and sharing requirements, procedures, and guidelines for terrorism information collected within the United States made pursuant to section 4 of Executive Order 13356 shall be used, as appropriate, in carrying out section \1770\1776 of the Intelligence Reform and Terrorism Prevention Act of 2004. Sec. 5. Establishment and Functions of Information Sharing Council. (a) Consistent with section 1016(g) of the Intelligence Reform and Terrorism Prevention Act of 2004, there is hereby established an Information Sharing Council (Council), chaired by the Program Manager to whom section 10\1776 of such Act refers, and composed exclusively of designees of: the Secre- taries of State, the Treasury, Defense, Commerce, Energy, and Homeland Security; the Attorney General; the Director of National Intelligence; the Di- rector of the Central Intelligence Agency; the Director of the Office of Man- agement and Budget; the Director of the Federal Bureau of Investigation; the Director of the National Counterterrorism Center; and such other heads of departments or agencies as the Director of National Intelligence may des- ignate. (b) The mission of the Council is to (i) provide advice and information concerning the establishment of an interoperable terrorism information sharing environment to facilitate automated sharing of terrorism informa- tion among appropriate agencies to implement the policy set forth in sec- tion \177 of this order; and (ii) perform the duties set forth in section 1016(g) of the Intelligence Reform and Terrorism Prevention Act of 2004. (c) To assist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the plan for establishment of a proposed interoperable terrorism information sharing environment re- ported under section 5(c) of Executive Order \1773356 shall be used, as appro- priate, in carrying out section \1770\1776 of the Intelligence Reform and Ter- rorism Prevention Act of 2004. Sec. 6. Definitions. As used in this order: (a) the term "agency" has the meaning set forth for the term "executive agency" in section \17705 of title 5, United States Code, together with the De- partment of Homeland Security, but includes the Postal Rate Commission and the United States Postal Service and excludes the Government Ac- countability Office; and (b) the term "terrorism information" has the meaning set forth for such term in section 10\1776(a)(4) of the Intelligence Reform and Terrorism Preven- tion Act of 2004. Sec. 7. General Provisions. (a) This order: (i) shall be implemented in a manner consistent with applicable law, in- cluding Federal law protecting the information privacy and other legal rights of Americans, and subiect to the availability of appropriations; (ii) shall be implemented in a manner consistent with the authority of the principal officers of agencies as heads of their respective agencies, including under section \17799 of the Revised Statutes (22 U.S.C. 265\177),

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 EO 13388 Title 3--The President section 201 of the Department of Energy Organization Act (42 U.S.C. 713\177), section \17703 of the National Security Act of \177947 (50 U.S.C. 403- 3), section \17702(a) of the Homeland Security Act of 2002 (6 U.S.C. l\1772(a)), and sections 30\177 of title 5, \1773(b) and 162(b) of title \1770, \17750\177 of title \1775, 503 of title 28, and 301(b) of title 3% United States Code; (iii) shall be implemented consistent with the Presidential Memorandum of }une 2, 2005, on "Strengthening Information Sharing, Access, and In- tegration-Organizational, Management, and Policy Development Struc- tures for Creating the Terrorism Information Sharing Environment;" (iv) shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals; and (v) shall be implemented in a manner consistent with section \17702A of the National Security Act of \177947. (b) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumen- tallties, or entities, its officers, employees, or agents, or any other person. Sec. 8. Amendments und Revocution. (a) Executive Order \177331\177 of Ju]y 29, 2003, is amended: (i) by striking "Director of Central Intelligence" each place it appears and inserting in lieu thereof in each such place "Director of National Intel- ligence"; and (ii) by striking "\17703(c)(7)" and inserting in lieu thereof "\17702A(i)(\177)". (b) Executive Order 13356 of August 27, 2004, is hereby revoked. By the authority vested in me as President by the Constitution and the laws of the United States of America, including section \1770\1776 of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law \17708-458), and in order to further strengthen the effective conduct of United States counterterrorism activities and protect the territory, people, and interests of the United States of America, including against terrorist attacks, it is hereby ordered as follows: Section 1. Policy. To the maximum extent consistent with applicable law, agencies shall, in the design and use of information systems and in the dis- semination of information among agencies: (a) give the highest priority to (i) the detection, prevention, disruption, preemption, and mitigation of the effects of terrorist activities against the territory, people, and interests of the United States of America; (ii) the interchange of terrorism information among agencies; (iii) the interchange of terrorism information between agencies and appropriate authorities of State, local, and tribal governments, and between agencies and appropriate private sector entities; and (iv) the protection of the ability of agencies to acquire additional such information; and (b) protect the freedom, information privacy, and other legal rights of Americans in the conduct of activities implementing subsection (a). Sec. 2. Duties of Heuds of Agencies Possessing or Acquiring Terrorism In- formation. To implement the policy set forth in section \177 of this order, the head of each agency that possesses or acquires terrorism information: 2OO

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 Executive Orders EO 13388 (a) shall promptly give access to the terrorism information to the head of each other agency that has counterterrorism functions, and provide the terrorism information to each such agency, unless otherwise directed by the President, and consistent with (i) the statutory responsibilities of the agen- cies providing and receiving the information; (it) any guidance issued by the Attorney General to fulfill the policy set forth in subsection l(b) of this order; and (iii) other applicable law, including sections 102A(g) and (i) of the National Security Act of \177947, section \1770\1776 of the Intelligence Reform and Terrorism Prevention Act of 2004 (including any policies, procedures, guidelines, rules, and standards issued pursuant thereto), sections 202 and 892 of the Homeland Security Act of 2002, Executive Order 12958 of April 17, 1995, as amended, and Executive Order 13311 of July 29, 2003; and (b) shall cooperate in and facilitate production of reports based on ter- rorism information with contents and formats that permit dissemination that maximizes the utility of the information in protecting the territory, people, and interests of the United States. Sec. 3. Preparing Terrorism Information for Maximum Distribution. To as- sist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the common standards for the sharing of terrorism information established pursuant to section 3 of Executive Order 13356 of August 27, 2004, shall be used, as appropriate, in carrying out section \1770\1776 of the Intelligence Reform and Terrorism Prevention Act of 2004. Sec. 4. Requirements for Collection of Terrorism Information Inside the United States. To assist in expeditious and effective implementation by agencies of the policy set forth in section \177 of this order, the recommenda- tions regarding the establishment of executive branch-wide collection and sharing requirements, procedures, and guidelines for terrorism information collected within the United States made pursuant to section 4 of Executive Order 13356 shall be used, as appropriate, in carrying out section \1770\1776 of the Intelligence Reform and Terrorism Prevention Act of 2004. Sec. 5. Establishment and Functions of Information Sharing Council. (a) Consistent with section \1770\1776(g) of the Intelligence Reform and Terrorism Prevention Act of 2004, there is hereby established an Information Sharing Council (Council), chaired by the Program Manager to whom section 10\1776 of such Act refers, and composed exclusively of designees of: the Secre- taries of State, the Treasury, Defense, Commerce, Energy, and Homeland Security; the Attorney General; the Director of National Intelligence; the Di- rector of the Central Intelligence Agency; the Director of the Office of Man- agement and Budget; the Director of the Federal Bureau of Investigation; the Director of the National Counterterrorism Center; and such other heads of departments or agencies as the Director of National Intelligence may des- ignate. (b) The mission of the Council is to (i) provide advice and information concerning the establishment of an interoperable terrorism information sharing environment to facilitate automated sharing of terrorism informa- tion among appropriate agencies to implement the policy set forth in sec- tion \177 of this order; and (it) perform the duties set forth in section \1770\1776(g) of the Intelligence Reform and Terrorism Prevention Act of 2004. (c) To assist in expeditious and effective implementation by agencies of the policy set forth in section 1 of this order, the plan for establishment 201

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 EO 13388 Title 3--The President of a proposed interoperable terrorism information sharing environment re- ported under section 5(c) of Executive Order 13356 shall be used, as appro- priate, in carrying out section 10\1776 of the Intelligence Reform and Ter- rorism Prevention Act of 2004. Sec. 6. Definitions. As used in this order: (a) the term "agency" has the meaning set forth for the term "executive agency" in section \17705 of title 5, United States Code, together with the De- partment of Homeland Security, but includes the Postal Rate Commission and the United States Postal Service and excludes the Government Ac- countability Office; and (b) the term "terrorism information" has the meaning set forth for such term in section \1770\1776(a)(4) of the Intelligence Reform and Terrorism Preven- tion Act of 2004. Sec. 7. General Provisions. (a) This order: (i) shall be implemented in a manner consistent with applicable law, in- cluding Federal law protecting the information privacy and other legal rights of Americans, and subject to the availability of appropriations; (it) shall be implemented in a manner consistent with the authority of the principal officers of agencies as heads of their respective agencies, including under section 199 of the Revised Statutes (22 U.S.C. 265\177), section 20\177 of the Department of Energy Organization Act (42 U.S.C. 7131), section 103 of the National Security Act of 1947 (50 U.S.C. 403- 3), section \17702(a) of the Homeland Security Act of 2002 (6 U.S.C. \1772(a)), and sections 301 of title 5, \1773(b) and \17762(b) of title \1770, 150\177 of title \1775, 503 of title 28, and 30\177(b) of title 3% United States Code; (iii) shall be implemented consistent with the Presidential Memorandum of June 2, 2005, on "Strengthening Information Sharing, Access, and In- tegration-Organizational, Management, and Policy Development Struc- tures for Creating the Terrorism Information Sharing Environment;" (iv) shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals; and (v) shall be implemented in a manner consistent with section 102A of the National Security Act of \177947. (b) This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumen- talities, or entities, its officers, employees, or agents, or any other person. Sec. 8. Amendments and Revocation. (a) Executive Order \17733\177 of July 29, 2003, is amended: (i) by striking "Director of Central Intelligence" each place it appears and inserting in lieu thereof in each such place "Director of National Intel- ligence"; and (it) by striking "103(c)(7)" and inserting in lieu thereof "\17702A(i)(\177)". 202

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 Executive Orders EO 13389 (b) Executive Order 13356 of August 27, 2004, is hereby revoked. GEORGE W. t\177USH The White House, October 25, 2005. Executive Order 13389 of November 1, 2005 Creation of the Gulf Coast Recovery and Rebuilding Council By the authority vested in me as President of the United States by the Con- stitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121-5206) (the "Stafford Act"), and in order to further strengthen Federal support for the recovery and rebuilding of the Gulf Coast region af- fected by Hurricane Katrina and Hurricane Rita, it is hereby ordered as fol- lows: Section 1. Policy. It is the policy of the United States to provide effective, integrated, and riscally responsible support from across the Federal Govern- ment to support State, local, and tribal governments, the private sector, and faith-based and other community humanitarian relief organizations in the recovery and rebuilding of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita. Sec. 2. Establishment. (a) There is established, within the Executive Office of the President, the Guff Coast Recovery and Rebuilding Council (the "Council"). The Assistant to the President for Economic Policy shall serve as the Chairman of the Council (the "Chairman"). The Council shah consist exclusively of the following members or fuji-time Federal officers or em- ployees designated by them, respective]y: (i) Secretary of the Treasury; (ii) Secretary of Defense; (iii) Attorney Genera]; (iv) Secretary of the Interior; (v) Secretary of Agriculture; (vi) Secretary of Commerce; (vii) Secretary of Labor; (viii) Secretary of Health and Human Services; (ix) Secretary of Housing and Urban Development; (x) Secretary of Transportation; (xi) Secretary of Energy; (xii) Secretary of Education; (xiii) Secretary of Veterans Affairs; (xiv) Secretary of Home]and Security; (xv) Administrator of the Environmental Protection Agency; 203

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 EO 13389 Title 3--The President (xvi) Chairman of the Council of Economic Advisers; (xvii) Administrator of the Small t\177usiness Administration; (xviii) Director of the Office of Management and t\177udget; (xix) Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region; (xx) Assistant to the President for Economic Policy; (xxi) Assistant to the President for Domestic Policy; (xxii) Assistant to the President for Homeland Security and Counterterrorism; and (xxiii) Such other officers and employees of the executive branch as the Chairman may from time to time designate. (b) The Chairman, in consultation with the Coordinator, shall convene and preside over meetings of the Council, determine its agenda, direct its work, and, as appropriate to particular subiect matters, establish and direct subgroups of the Council, which shall consist of Council members or their designees under subsection 2(a) of this order, and including those officers and employees of the executive branch as designated by the Chairman. Sec. :\177. Funciioi\177s of Council. The Council shall: (a) at the request of the Chairman, the Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region, or any agency head who is a member of the Council (subiect to the approval of the Chair- man), promptly review and provide advice and guidance, for the purpose of furthering the policy set forth in section 1 of this order, regarding any issue relating to the implementation of that policy; (b) make recommendations to the President, as appropriate, regarding any issue considered by the Council pursuant to section 3(a) of this order; and (c) give no vote or veto over the activities or advice of the Council to any individual to whom subsection (b) of this section refers. Sec. 4. General. (a) To the extent permitted by law: (i) agencies shall assist and provide information to the Council for the performance of its functions under this order; and (ii) the Director of the Office of Administration shall provide or ar- range for the provision of administrative support to the Council. (b) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Management and t\177udget relat- ing to budget, administrative, or legislative proposals. (c) This order shall be implemented in a manner consistent with applica- ble law and subiect to the availability of appropriations. (d) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. 204

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 Executive Orders EO 13390 Sec. 5. Termination. The Council shall terminate 3 years from the date of this order, unless extended by the President. GEORGE W. BUSH The White House, November 1, 2005. Executive Order 13390 of November 1, 2005 Establishment of a Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Homeland Security Act of 2002 (6 U.S.C. 101 et seq.) and the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121-5206) (the "Staf- ford Act"), and to further strengthen Federal support for the recovery and rebuilding of the Gulf Coast region affected by Hurricane Katrina and Hur- ricane Rita, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to provide effective, integrated, and riscally responsible support from across the Federal Govern- ment to support State, local, and tribal governments, the private sector, and faith-based and other community humanitarian relief organizations in the recovery and rebuilding of the Gulf Coast region affected by Hurricane Katrina and Hurricane Rita (the "Federal Response"). Sec. 2. Establishment of Coordinator. The Secretary of Homeland Security (Secretary) shall establish in the Department of Homeland Security the po- sition of Coordinator of Federal Support for the Recovery and Rebuilding of the Gulf Coast Region (Coordinator). The Coordinator shall be selected by the President and shall be appointed by and report directly to the Sec- retary. The Secretary shall make available to the Coordinator such per- sonnel, funds, and other resources as may be appropriate to enable the Co- ordinator to carry out the Coordinator's mission. Sec. 3. Mission and Functions of Coordinator. (a) The Coordinator's mis- sion shall be to work with executive departments and agencies to ensure the proper implementation of the policy set forth in section 1 of this order by coordinating the Federal Response. The Coordinator shall be the prin- cipal point of contact for the President and his senior advisors with respect to the Federal Response. (b) Working with the input of all appropriate heads of executive depart- ments and agencies, the Coordinator shall lead the process to develop the principles governing and define the goals of the Federal Response. The Co- ordinator shall communicate those principles and goals to all Federal offi- cials involved in the Federal Response. (c) Working with the input of all appropriate heads of executive depart- ments and agencies, the Coordinator shall lead the development and mon- itor the implementation of the specific policies and programs that con- stitute the Federal Response, and ensure that those polices and programs are consistent with the principles and goals of the Federal Response. 205

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1911 Encyclopædia Britannica/Mnesicles

MNESICLES, the architect of the great Propylae of the Athenian Acropolis, set up by Pericles about 437

title: 1911 Encyclopædia Britannica/Mnesicles


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 EO 13391 Title 3--The President (d) The Coordinator shall serve as the primary point of contact within the executive branch with the Congress, State and local governments, the private sector, and community leaders regarding the Federal Response. Working with the input of all appropriate heads of executive departments and agencies, the Coordinator shall be responsible for managing informa- tion flow, requests for actions, and discussions regarding the Federal Re- sponse with the Congress, State and local governments, the private sector, and community leaders. Sec. 4. Duties of Heuds of Depurtments und Agencies. Heads of executive departments and agencies shall respond promptly to any request by the Co- ordinator, and shall, consistent with applicable law, provide such informa- tion as the Coordinator deems necessary to carry out the Coordinator's mis- sion, and shall otherwise cooperate with the Coordinator to the greatest ex- tent practicable to facilitate the performance of the Coordinator's mission. Sec. 5. Generul Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency or the head thereof; (ii) the functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals; or (iii) the chain of command over the Armed Forces provided in section 162(b) of title 10, United States Code. (b) This order shall be implemented consistent with applicable law, sub- ject to the availability of appropriations, and shall terminate 3 years from the date of this order. (c) As used in this order, the term "agency" has the meaning set forth for the term "executive agency" in section 105 of title 5, United States Code, excluding the Government Accountability Office. (d) This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. GEORGE W. BUSH The White House, November 1, 2005. Executive Order 13391 of November 22, 2005 Blocking Property of Additional Persons Undermining Democratic Processes or Institutions in Zimbabwe By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 1601 et seq.), and section 301 of title 3, United States Code, and in order to take additional steps with respect to the con- tinued actions and policies of certain persons who undermine Zimbabwe's 206

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 Executive Orders EO 13391 democratic processes and with respect to the national emergency described and declared in Executive Order 13288 of March 6, 2003, I, GEORGE W. BUSH, President of the United States of America, hereby order: Section 1. The Annex to Executive Order 13288 of March 6, 2003, is re- placed and superseded in its entirety by the Annex to this order. Sec. 2. Section 6 of Executive Order \1773288 is renumbered as section 8. Sec- tions \177 through 5 of Executive Order \1773288 are replaced with new sections \177 through 7 as follows: "Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. \177702(b)(\177), (3), and (4)), and in regulations, orders, directives, or licenses that may be issued pursuant to this order, and not- withstanding any contract entered into or any license or permit granted prior to the effective date of this order, all property and interests in prop- erty of the following persons, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, including their overseas branches, are blocked and may not be transferred, paid, exported, with- drawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; and (ii) any person determined by the Secretary of the Treasury, in con- sultation with the Secretary of State: (A) to have engaged in actions or policies to undermine Zimbabwe's democratic processes or institutions; (B) to have materially assisted, sponsored, or provided financial, material, or technological support for, or goods or services in support of, such actions or policies or any person whose property and interests in property are blocked pursuant to this order; (C) to be or have been an immediate family member of any person whose property and interests in property are blocked pursuant to this order; or (D) to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person whose property and interests in property are blocked pursuant to this order. (b) I hereby determine that the making of donations of the type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. \177702(b)(2)) by, to, or for the benefit of any person whose property and interests in property are blocked pursuant to paragraph (a) of this section would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by paragraph (a) of this sec- tion. (c) The prohibitions in paragraph (a) of this section include but are not limited to (i) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person whose property and in- terests in property are blocked pursuant to this order, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. 207

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 EO 13391 Title 3--The President Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoid- ing, or attempts to violate any of the prohibitions set forth in this order is prohibited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For the purposes of this order: (a) the term "person" means an individual or entity; (b) the term "entity" means a partnership, association, trust, joint ven- ture, corporation, group, subgroup, or other organization; and (c) the term "United States person" means any United States citizen, per- manent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 4. For those persons whose property and interests in property are blocked pursuant to this order who might have a constitutional presence in the United States, I find that, because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render these measures ineffectual. I therefore determine that, for these measures to be effective in addressing the national emergency declared in this order, there need be no prior notice of a listing or determination made pursuant to section l(a) of this order. Sec. 5. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulga- tion of rules and regulations, and to employ all powers granted to the Presi- dent by IEEPA, as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government, consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to determine, subsequent to the issuance of this order, that circumstances no longer warrant the inclusion of a person in the Annex to this order and that the property and interests in property of that person are therefore no longer blocked pursuant to section l(a) of this order. Sec. 7. This order is not intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law or in eq- uity by any party against the United States, its departments, agencies, in- strumentalities, or entities, its officers or employees, or any other person." Sec. 3. This order is not intended to create, nor does it create, any right, benefit, or privilege, substantive or procedural, enforceable at law or in eq- uity by any party against the United States, its departments, agencies, in- strumentalities, or entities, its officers or employees, or any other person. Sec. 4. This order shall take effect at \1772:0\177 a.m. eastern standard time, No- vember 23, 2005. 208

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 Executive Orders EO 13391 Sec. 5. This order shall be transmitted to the Congress and published in the Federal Register. GEORGE W. BUSH The White House, November 22, 2005. 2O9

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 EO 13391 Title 3--The President ANNEX Individuals 1. Rob\177t Gabriel MUGABE [President of the Republic of Zimbabwe, born 21 Feb. 1924] 2. Flora BUKA [Minister of State for Special Affairs, Land and Resettlement Program, born 25 Feb. 1968] 3. Abina CHAPFIKA [Spouse of David Chapfika, born 23 Aug. 1961] 4. David CHAPFIKA [Deputy Minister of Finance, born 7 Apr. 1957] 5. George CHARAMBA [Permanent Secretary, Ministry of Information and Publicity, born 4 Apr. 1963] 6. Rude Grace CHARAMBA [Spouse of George Charamba, born 20 June 1964] 7. Fortune Zefanaya CHARUMBIRA [Member ofParliamant & Central Committee Member, born 10 June 1962] 8. Tinaye Elisha Nzirasha CHIGUDU [Manicaiand Provincial Governor, born 13 Aug. ' 1942] 9. Aeneas Soko CHIGWEDERE [Minister of Education, Spore and Culture, born 25 Nov. 1939] 10. Phineas CHIHOTA [Deputy Minister of Industry and International Trade, born 23 Nov. 1950] 11. Augustine CHIHURI [Police Commissioner, born 10 Mar. 1953] 12. Enos CHIKOWORE [Former Central Committee Membef, born 17 July 1942] 13. Chenhamo Chakezha Chen CHIMUTENGWENDE [Minister of State for Public and Interactive Affairs, born 28 Aug. 1943] 14. Gamuchirai CHINAMASA [Child of Patrick Chinawasa, born 11 Nov. 1991] 15. Monica CHINAMASA [Spouse of Patrick Chinamasa, born 1950] 16. Patrick CI-ffNAMASA [Minister of Justice, Legal and Parliamentary Affairs, born 25 Jan. 1947] 17. Edward CHINDORI-CHININGA [Member of Parliament for Guruve South, born 14 Mar. 1955] 18. Victoria CHITEPO [Politburo, born 27 Mar. 1928] 19. Constantine Gureya CHIWENGA [Lt. Gan., Commander of Zimbabwe Defense Forces, born 25 Aug. 1956] 20. Jocelyn Manchaza CHIWENGA [Spouse of Constantine Chiwenga, born 19 May 1955] 21. George CHIWESHE [Chairman of Zimbabwe Electoral Commission, born 4 June 1953]' 22. Willard CI-HWEWE [Masvingn Provincial Governor, born 19 Mar. 1949] 23. Ever CHOMBO [Spouse of Ignatius Chombo, born 20 Sept. 1956] 24. Ignatius Morgan CHOMBO [Minister of Local Government, Public Works and National Housing, born 1 Aug. 1952] 25. Marian CHOMBO [Spouse of Ignatius Chombo, born 11 Aug. 1960] 26. Dumiso DABENGWA [Politburo Committee Member, born 6 Dec. 1939] 210

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 Executive Orders EO 13391 27. Ijeoma DABENGWA [Child ofDumiso Dabengwa, born 27 Oct. 1971] 28. Abigail DAMASANE [Deputy Minister for Women's Affairs, Gender, and Community Development, born 27 May 1952] 29. Theophiins Pharaoh GAMBE [Chairman, Electoral Supervisory Commission, born 20 June 1959] 30. Nicholas Tasunungurwa GOCItE [Minister of Public Works, Labor and Social Welfare, born 1 Aug. 1946] 31. Gideon GONO [Governor of the Reserve Bank of Zimbabwe, born 29 Nov. 1959] 32. Hellin Mushanymri GONO [Spouse of Gideun Gone, born 6 May 1962] 33. Aleck Rugare Ngidi GUMBO [Minister for Economic Development, born 8 Mar. 1940] 34. Richard Chemist HOVE [Politburo Secretary for Economic Affairs, born 23 Sept. 1939] 35. Tichaona Joseph Benjamin JOKONYA [Minister of Information and Publicity, born 27 Dec. 1938] 36. Kumbirai KANGAI [Politburo Deputy Secretary for External Relations, born 17 Feb. 1938] 37. David KARIMANZIRA [Ilarare Provincial Governor & Politburo Secretary for Finance, born 25 May 1947] 38. Savior KASUKUWERE [Deputy Minister for Youth Development and Employment Creation & Deputy Secretary for Youth Affairs, born 23 Oct. 1970] 39. Ray Joseph KAUKONDE [Mashounland East Provincial Governor, born 4 Mar. 19637 40. Andrew LANGA [Deputy Minister of Environment and Tourism, born 13 Jan. 1965] 41. Thenjiwe LESABE [Politburo Committee Member; born 5 Jan. 1933] 42. Jalson Max Kokeral MACHAYA [Member of Parliament for Gokwe Kana, born 13 June 1952] 43. Joseph Mtakwese MADE [Minister of Agricultnre, born 21 Nov. 1954] 44. Edna MADZONGWE [Deputy Speaker of Parliament, born 11 July 1945] 45. Shuval Ben MAItOFA [Member of Parliament for Gum South, born 4 Apr. 1941 ] 46. Joshua MALINGA [Deputy Secretary for Disabled and Disadvantaged, born 28 Apr. '1944] 47. Barbara MANDIZHA [Deputy Police Commissioner, born 24 Oct. 1959] 48. Munyaradzi Paul MANGWANA [Minister of State for Anti-Corruption and Anti- Monopolies, born 10 Aug. 1961] 49. Witness MANGWENDE [Former Minister of Transport and Communications, born 15 Aug. 1946] 50. Elliot MANYIKA [Minister Without Portfolio, born 30 July 1955] 51. Kenneth MANYONDA [CenWal Committee Member, born 10 Aug. 1934] 52. Rueben MARUIVIAHOKO [Deputy Minister for Home Affairs, born 4 Apr. 1948] 53. Angeline MASUKU [Matebeleland South Provincial Governor & Politburo Secretary for Gender and Culture, born 14 Oct. 1936] 54. Godwin MATANGA [Deputy Police Commissioner, born 5 Feb. 1962] 55. Cain MATHEMA [Bulawayo Provincial Governor, born 28 Jan. 1948] 56. Sithokozile MATI-IUTHU [Matabeleland North Provincial Governor & Deputy Secretary for Transport and Social Welfare]

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 EO 13391 Title 3--The President 57. Innocent Tondemi MATIBIRI [Deputy Police Commissioner, born 9 Oct. 1968] 58. Biggie Joel MATIZA [Deputy Minister of Rural Housing and Social Amenities, born 17 Aug. 1960] 59. Bright MATONGA [Deputy Minister of Information and Publicity, born 1969] 60. Ober\177 MATSHALAGA [Deputy Minister of Foreign Affairs, born 21 Apr. 1951] 61. Amos Bernard Muvenga MIDZI [Minister for Mines and Mining Development, born 4 July 1952] 62. Emmerson Dambudzo MNANGAGWA [Minister of Rural Housing and Social Amenities, born 15.Sept\177 1946] 63. Kembo Campbell Dugishi MOHADI [Minister of Home Affairs, born 15 Nov. 1949] 64. Swithun MOMBESHORA [Former Minister of Higher Education, born 20 Aug. 1945] 65. Jonathan Nathaniel MOYO [Member of Parliament for Tsholotsho & Former Minister of Information and Publicity, born 12 Jan. 1957] 66. Simon Khaya MOYO [Politburo Member, born 1 Oct. 1945] 67. Obert Moses MPOFU [Deputy Secretary for National Security, born 12 Oct. 1951] 68. Joseph MSIKA [First Vice President, born 6 Dec. 1923] 69. Cephas George MSIPA [Midlands Provincial Governor, b0m 7 July 1931] 70. Sharlottie MSIPA [Spouse ofCcphas Msipa, born 6 May 1936] 71. Olivia.Nyembezi MUCHENA [Minister of State for Science and Technology Development, born 18 Aug. 1946] 73. Oppah Chamu Zvipange MUCH1NGURI [Minister of Women's Affairs, Gender and Community Development, bern 14 Dec. 1958] 74. Tanya MUCHINGUR.I [Child ofOppah Muehinguri, born 1989] 75. Isack Stan Gorerazvo MUDENGE [Minister of Higher and Tertiary Education, born 17 Dec. 1948] 76. Grace MUGABE [Spouse of Robert Mugabe, born 23 July 1965] 77. Sabina MUGABE [Politburo Senior Committee Member, born 14 Oct. 1934] 78. Edwin MUGUTI [Deputy Minister of Health and Child Welfare, born 2 May 1964] 79. Joyce Teurai Ropa MUJURU [Second Vice President, born 15 Apr. 1955] 80. Solomon Tapfumaneyi Ruzambo MUJURU (a.k.a. Rex NANOO)[Politburo Senior Committee Member, born 1 May 1949] 81. Samuel Simbarashe Simbanenduku MUMBENGEGWI [Non-Constituency Member of Parliament, born 20 July 1945] 82. Herbert Muchemwa MURERWA [Minister of Finance, born 31 July 1941] 83. Ruth Chipo MLrRERWA [Child of Herbert Murerwa, born 27 July 1947] 84. Christopher Chindoti MUSHOHWE [Minister of Transport and Communications, born 6 Feb. 1954] 85. Didymus Noel Edwin MUTASA [Minister of State for National Security, born 27 July 1935] 86. Munacho Thomas Alvar MUTEZO [Minister of Water Resources and Infi'astructural Development, born 14 Feb. 1954] 212

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 Executive Orders EO 13391 87. Ambrose MUTINHIRI [Minister of Youth Development and Employment Creation, born 22 Feb. 1944] 88. Kenneth Keparadza MUTIWEKUZIVA [Deputy Minister for Small and Medium Enterprise Development, born 27 May 1948] 89. Simon Vengesai MUZENDA [Former Vice President, born 28 Oct. 1922] 90. Tsitsi MUZENDA [Politburo Senior Committee Member, born 22 Aug. 1922] 91. Elisha MUZONZINI [Former Director of the Central Intelligence Organization, born 24 June 1957] 92. Abedinico NCUBE [Deputy Minister of Public Service, Labor and Social Welfare, born 13 March 1954] 93. Naison K. NDLOVU [Politburo Secretary for Production and Labor, born 22 Oct. 1930] 94. Richard NDLOVU [Politburo Deputy Commissariat, born 26 June 1942] 95. Rose Jade NDLOVU [Spouse of Sikhanyiso Ndlovu, born 27 Sept. 1939] 96. Sikhanyiso Duke NDLOVU [Deputy Minister of Higher and Tertiary Education, born 4 May 1937] 97. Sylvester Robert NGUNI [Deputy Minister of Agriculture, born 4 May 1955] 98. Chenayalmoyo Dunstan Francis NI-IEMA [Minister of Enviroument and Tourism, born 17 Apr. 1959] 99. Georgina Ngwenya NKOMO [Spouse of John Nkomo, born 4 Aug. 1966] 100. John Landa NKOMO [Speaker of Parliament & ZANU-PF National Chairman, born ?\177 A,\177. 1934] 101. Louise S. NKOMO (a.k.a. Louise Sehulle NHEMA)[Spouse of Francis Nhema, born 25 Aug. 1964] 102. Stephen NKOMO [Former Politburo Senior Committee Member, born 3 Oct. 1926] 103. Michael Rueben NYAMBUYA [Minister of Energy and Power Development, born 23 July 1955] 104. Peter Baka NYONI [Spouse of Sithembiso Nyoni, born 10 Jan. 1950] 105. Sithembiso NYONI [Minister of Small and Medium Enterprises Development, born 20 Sept. 1949] 106. David Pagwese PARIRENYATWA [Minister of Health and Child Welfare, born 2 Aug. 1950] 107. Khantibhal PATEL [Politburo Deputy Secretary for Finance, born 28 Oct. 1928] 108. Selina POTE [Deputy Secretary for Gender and Culture] 109. Tinos RUSERE [Deputy Minister of Mines and Mining Development, born 10 May 1945] 110. Morris SAKABUYA [Deputy Minister of Local Government, Public Works, and Urban Development] 111. Stanley SAKUPWANYA [Deputy Secretary for Disabled and Disadvantaged, born 1945] 112. Tendai SAVANHU [Politburo Deputy Secretary of Transport and Social Welfare, born 21 March 1968] 113. Lovemore SEKERAMAYI [Chief Elections Officer] 114. Sidney Tigere SEKERAMAYI [Minister of Defense, born 30 Mar. 1944] 213

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 EO 13391 Title 3--The President 115. Tsitsi Chihuri SEKERAMAYI [Spouse of Sydney Sekeramayi, born 1944] 116. Webster Kotiwani SHAMU [Minister of Policy Implementation, born 6 June 1945] 117. Nathan Marwirakuwa SHAMUYARIRA [Politburo Secretary for Information and Publicity, born 29 Sept. 1928] 118. Perence SHIRI [Zimbabwean Air Marshal (Air Force), born 11 Jan. 1955] 119. Isaiah Masvayamwanda SHUMBA [Deputy Minister for Education, Sports and Culture, born 3 Jan. 1949] 120. Levy SIBANDA [Deputy Police Commissioner] 121. Absolom SIKOSANA [Politburo Secretary for Youth Affairs] 122. Solomon TAWENGWA [Former Executive Mayor of Harare, born 15 June 1940] '123. Josiah TUNGAMIRAI [Former Minister of State for lndigenization and Empowerment, born 8 Oct. 1948] 124. Charles Manhamu UTETE [Former Cabinet Secretary, born 30 Oct. 1938] 125. Beauty Lily ZHUWAO [Spouse of Patrick Zhuwao, born 10 Jan. 1965] 126. Patrick ZHUWAO [Deputy Minister of Science and Technology, born 23 May 1967] 127. Paradzai ZIMONDI [Zimbabwe Prisons Chief, born Mar. 1947] 128. Vitalis ZVINAVASHE [Politburo Member & Retired Commander of Zimbabwe Defense Forces, born 27 Sept. 1943] Entities 1. Allan Grange Farm [Chegutu, Zimbabwe] 2. Auchenburg Farm [Nyamandlovu, Zimbabwe] 3. Bamboo Creek Fram [Shamva, Zimbabwe] 4. Bourne Farm [Chegutu, Zimbabwe] 5. Calgary Farm [Mazowe, Zimbabwe] 6. Cold Comfort Farm Trust Co-Operative [Harare, Zimbwabe] 7. Corbum 13 Farm [Chegutu, Zimbabwe] 8. Duiker Flats Farm [Zimbabwe] 9. Eirin Farm [Marondera, Zimbabwe] 10. Eyrie Farm [Mashvingo, Zimbabwe] 11. Fountain Farm [Insiza, Zimbabwe] 12. Gowrie Farm [Norton, Zimbabwe] 13. Harmony Farm [Mazowe, Zimbabwe] 14. Little Connemara 1 Farm [Nyanga, Zimbabwe] 15. Lochinvar Farm [Mashvingo, Zimbabwe] 16. Longwood Farm [Zimbabwe] 17. Lot 3A of Dete Valley Farm [Lupane, Zimbabwe] 18. Lothain Farm [Gum, Zimbabwe] 19. M & S Syndicate (Pvt) Ltd. [Hamre, Zimbabwe] 20. Marondera Maple Leaf Farm [Zimbabwe] 21. Ndlovu Motorways [Hamre, Zimbabwe] 22. Oldham Farm [Chegutu, Zimbabwe] 23. Patterson Farm [Mazowe, Zimbabwe] 24. Pimento Farm [Mashonaland, Zimbabwe] 214

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 Executive Orders EO 13391 25. R/E of Audrey Farm [Zimbabwe] 26. R/E of Mlembwe Farm [Mlembwe, Zimbabwe] 27. Spring SP Farm [Mashvinigo, Zimbabwe] 28. Subdivision 3 of Caledon Farm [Caledon, Zimbabwe] 29. Swift Investments (Pvt) Ltd. [Harare, Zimbwabe] 30. Ulva Farm [Marondera, Zimbabwe] 31. Umguza Block Farm [Umguza, Zimbabwe] 32. Zimbabwe Defence Industries (Pvt) Ltd. [Hamre, Zimbabwe] 33. Zvinavashe Investments Ltd. (a.k.a. Lamfontine Farm; a.k.a. Zvinavshe Transport) [Harare, Zimbabwe] Note: The bracketed identifying information with respect to each individual and entity listed in this Annex reflects information currently available and is provided solely to facilitate compliance with this order. Each individual listed in this Annex remains subject to the prohibitions of this order notwithstanding any change in title, position, or affiliation. 215

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 EO 13392 Title 3--The President Executive Order 13392 of December 14, 2005 Improving Agency Disclosure of Information By the authority vested in me as President by the Constitution and the laws of the United States of America, and to ensure appropriate agency disclo- sure of information, and consistent with the goals of section 552 of title 5, United States Code, it is hereby ordered as follows: Section 1. Policy. (a) The effective functioning of our constitutional democracy depends upon the participation in public life of a citizenry that is well informed. For nearly four decades, the Freedom of Information Act (FOIA) has pro- vided an important means through which the public can obtain information regarding the activities of Federal agencies. Under the FOIA, the public can obtain records from any Federal agency, subiect to the exemptions enacted by the Congress to protect information that must be held in confidence for the Government to function effectively or for other purposes. (b) FOIA requesters are seeking a service from the Federal Government and should be treated as such. Accordingly, in responding to a FOIA re- quest, agencies shall respond courteously and appropriately. Moreover, agencies shall provide FOIA requesters, and the public in general, with cit- izen-centered ways to learn about the FOIA process, about agency records that are publicly available (e.g., on the agency's website), and about the sta- tus of a person's FOIA request and appropriate information about the agen- cy's response. (c) Agency FOIA operations shall be both results-oriented and produce results. Accordingly, agencies shall process requests under the FOIA in an efficient and appropriate manner and achieve tangible, measurable im- provements in FOIA processing. When an agency's FOIA program does not produce such results, it should be reformed, consistent with available re- sources appropriated by the Congress and applicable law, to increase effi- ciency and better reflect the policy goals and obiectives of this order. (d) A citizen-centered and results-oriented approach will improve service and performance, thereby strengthening compliance with the FOIA, and will help avoid disputes and related litigation. Sec. 2. Agency Chief FOIA Officers. (a) Designation. The head of each agency shall designate within 30 days of the date of this order a senior official of such agency (at the Assistant Secretary or equivalent level), to serve as the Chief FOIA Officer of that agency. The head of the agency shall promptly notify the Director of the Office of Management and Budget (OMB Director) and the Attorney General of such designation and of any changes thereafter in such designation. (b) General Duties. The Chief FOIA Officer of each agency shall, subject to the authority of the head of the agency: (i) have agency-wide responsibility for efficient and appropriate compli- ance with the FOIA; 216

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 Executive Orders EO 13392 (ii) monitor FOIA implementation throughout the agency, including through the use of meetings with the public to the extent deemed appro- priate by the agency's Chief FOIA Officer, and keep the head of the agen- cy, the chief legal officer of the agency, and the Attorney General appro- priately informed of the agency's performance in implementing the FOIA, including the extent to which the agency meets the milestones in the agency's plan under section 3(b) of this order and training and re- porting standards established consistent with applicable law and this order; (iii) recommend to the head of the agency such adjustments to agency practices, policies, personnel, and funding as may be necessary to carry out the policy set forth in section 1 of this order; (iv) review and report, through the head of the agency, at such times and in such formats as the Attorney General may direct, on the agency's per- formance in implementing the FOIA; and (v) facilitate public understanding of the purposes of the FOIA's statutory exemptions by including concise descriptions of the exemptions in both the agency's FOIA handbook issued under section 552(g) of title 5, United States Code, and the agency's annual FOIA report, and by pro- viding an overview, where appropriate, of certain general categories of agency records to which those exemptions apply. (c) FOIA Bequester Service Center and FOIA Public Liaisons. In order to ensure appropriate communication with FOIA requesters: (i) Each agency shall establish one or more FOIA Requester Service Cen- ters (Center), as appropriate, which shall serve as the first place that a FOIA requester can contact to seek information concerning the status of the person's FOIA request and appropriate information about the agen- cy's FOIA response. The Center shall include appropriate staff to receive and respond to inquiries from FOIA requesters; (ii) The agency Chief FOIA Officer shall designate one or more agency officials, as appropriate, as FOIA Public Liaisons, who may serve in the Center or who may serve in a separate office. FOIA Public Liaisons shall serve as supervisory officials to whom a FOIA requester can raise con- cerns about the service the FOIA requester has received from the Center, following an initial response from the Center staff. FOIA Public Liaisons shall seek to ensure a service-oriented response to FOIA requests and FOIA-related inquiries. For example, the FOIA Public Liaison shall as- sist, as appropriate, in reducing delays, increasing transparency and un- derstanding of the status of requests, and resolving disputes. FOIA Public Liaisons shall report to the agency Chief FOIA Officer on their activities and shall perform their duties consistent with applicable law and agency regulations; (iii) In addition to the services to FOIA requesters provided by the Center and FOIA Public Liaisons, the agency Chief FOIA Officer shall also con- sider what other FOIA-related assistance to the public should appro- priately be provided by the agency; (iv) In establishing the Centers and designating FOIA Public Liaisons, the agency shall use, as appropriate, existing agency staff and resources. A Center shall have appropriate staff to receive and respond to inquiries from FOIA requesters; 217

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 EO 13392 Title 3--The President (v) As determined by the agency Chief FOIA Officer, in consultation with the FOIA Public Liaisons, each agency shall post appropriate information about its Center or Centers on the agency's website, including contact in- formation for its FOIA Public Liaisons. In the case of an agency without a website, the agency shall publish the information on the Firstgov.gov website or, in the case of any agency with neither a website nor the capa- bility to post on the Firstgov.gov website, in the Federal Register; and (vi) The agency Chief FOIA Officer shall ensure that the agency has in place a method (or methods), including through the use of the Center, to receive and respond promptly and appropriately to inquiries from FOIA requesters about the status of their requests. The Chief FOIA Offi- cer shall also consider, in consultation with the FOIA Public Liaisons, as appropriate, whether the agency's implementation of other means (such as tracking numbers for requests, or an agency telephone or Inter- net hotline) would be appropriate for responding to status inquiries. Sec. 3. Review, Plan, and Report. (a) Review. Each agency's Chief FOIA Officer shall conduct a review of the agency's FOIA operations to determine whether agency practices are consistent with the policies set forth in section 1 of this order. In con- ducting this review, the Chief FOIA Officer shall: (i) evaluate, with reference to numerical and statistical benchmarks where appropriate, the agency's administration of the FOIA, including the agency's expenditure of resources on FOIA compliance and the ex- tent to which, if any, requests for records have not been responded to within the statutory time limit (backlog); (ii) review the processes and practices by which the agency assists and informs the public regarding the FOIA process; (iii) examine the agency's: (A) use of information technology in responding to FOIA requests, in- cluding without limitation the tracking of FOIA requests and commu- nication with requesters; (B) practices with respect to requests for expedited processing; and (C) implementation of multi-track processing if used by such agency; (iv) review the agency's policies and practices relating to the availability of public information through websites and other means, including the use of websites to make available the records described in section 552(a)(2) of title 5, United States Code; and (v) identify ways to eliminate or reduce its FOIA backlog, consistent with available resources and taking into consideration the volume and com- plexity of the FOIA requests pending with the agency. (b) Plan. (i) Each agency's Chief FOIA Officer shall develop, in consultation as ap- propriate with the staff of the agency (including the FOIA Public Liai- sons), the Attorney General, and the OMB Director, an agency-specific plan to ensure that the agency's administration of the FOIA is in accord- ance with applicable law and the policies set forth in section 1 of this order. The plan, which shall be submitted to the head of the agency for approval, shall address the agency's implementation of the FOIA during fiscal years 2006 and 2007. 218

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