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 EO 13430 Title 3--The President (3) For purposes of paragraph (1), the blood alcohol content limit with respect to alcohol concentration in a person's blood is 0A0 grams of al- cohol per \17700 milliliters of blood and with respect to alcohol concentra- tion in a person's breath is 0A0 grams of alcohol per 2\1770 liters of breath, as shown by chemical analysis. (4) In this subsection: (A) The term "blood alcohol content limit" means the amount of alcohol concentration in a person's blood or breath at which operation or control of a vehicle, aircraft, or vessel is prohibited. (B) The term "United States" includes the District of Columbia, the Com- monwealth of Puerto Rico, the Virgin Islands, Guam, and American Samoa and the term "State" includes each of those jurisdictions. (d) Paragraph 35b(2)(c) is amended to read as follows: "(c) the alcohol concentration in the accused's blood or breath equaled to or exceeded the applicable limit under subparagraph (b) of paragraph 35a. [NOTE: If injury resulted add the following element]" (e) Para 35f is amended to read as follows: "In that (personal jurisdiction data), did (at/onboard location)(subject matter jurisdiction data, if 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 passenger car)] [an aircraft, to wit: (an AH 64 helicopter)(an F \1774 A fighter)(a KC 135 tank- er)][a vessel, to wit: (the aircraft carrier USS)(the Coast Cutter)], [while drunk][while impaired by ][while the alcohol concentration in his (blood or breath equaled or exceeded the applicable limit under subparagraph (b) of para- graph 35a) as shown by chemical analysis][in a (reckless)(wanton) man- ner by (attempting to pass another vehicle on a sharp curve)(by ordering that the aircraft be flown below the authorized altitude)] [and did thereby cause said (vehicle)(aircraft)(vessel) to (strike and )(injure (f) By inserting the new paragraph 44a: "44a. Article 11\365a--Death or injury of an unborn child a. Text. (a)(l) Any person subject to this chapter who engages in conduct that violates any of the provisions of law listed in subsection (b) and thereby causes the death of, or bodily injury (as defined in section \177365 of title \1778 to, a child who is in utero at the time the conduct takes place, is guilty of a separate offense under this section and shall, upon conviction, be punished by such punishment, other than death, as a court-martial may direct, which shall be consistent with the punishments prescribed by the President for that conduct had that injury or death occurred to the unborn child's mother. (2) An offense under this section does not require proof that -- 208

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 Executive Orders EO 13430 (i) the person engaging in the conduct had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or (ii) the accused intended to cause the death of, or bodily injury to, the unborn child. (3) If the person engaging in the conduct thereby intentionally kills or attempts to kill the unborn child, that person shall, instead of being pun- ished under paragraph (1), be punished as provided under sections 880, 918, and 919(a) of this title (articles 80, 118, and 119(a)) for intentionally killing or attempting to kill a human being. (4) Notwithstanding any other provision of law, the death penalty shall not be imposed for an offense under this section. (b) The provisions referred to in subsection (a) are sections 918, 919(a), 919(b)(2), 920(a), 922, 924, 926, and 928 of this title (articles 118, 119(a), 119(b)(2), 120(a), 122,124, 126, and 128). (c) Nothing in this section shall be construed to permit the prosecution (1) of any person authorized by state or federal law to perform abortions for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been ob- tained or for which such consent is implied by law; (2) of any person for any medical treatment of the pregnant woman or her unborn child; or (3) of any woman with respect to her unborn child. (d) As used in this section, the term "unborn child" means a child in utero, and the term "child in utero" or "child who is in utero" means a member of the species homo saplens, at any stage of development, who is carried in the womb. b. Elements. (1) Injuring un unborn child. (a) That the accused was engaged in the [(murder (artic]e 118)), (vo]- untary manslaughter (article 119(a))), (involuntary manslaughter (article 119(b)(2))), (rape (article 120)), (robbery (article 122)), (maiming (article 124)), (assault (article 128)), of] or [burning or setting afire, as arson (arti- cle 126), of (a dwelling inhabited by) (a structure or property (known to be occupied by) (belonging to))] a woman; (b) That the woman was then pregnant; and (c) That the accused thereby caused bodily injury to the unborn child of that woman. (2) Killing an unborn child. (a) That the accused was engaged in the [(murder (article 118)), (vol- untary manslaughter (article 119(a))), (involuntary manslaughter (article 119(b)(2))), (rape (article 120)), (robbery (article 122)), (maiming (article 124)), (assault (article 128)), of] or [burning or setting afire, as arson (arti- cle 126), of (a dwelling inhabited by) (a structure or property known to (be occupied by) (belong to))] a woman; (b) That the woman was then pregnant; and 209

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 EO 13430 Title 3--The President (c) That the accused thereby caused the death of the unborn child of that woman. (3) Attempting to kill an unborn child. (a) That the accused was engaged in the [(murder (article ll8)), (vol- untary manslaughter (article l\1779(a))), (involuntary manslaughter (article \1779(b)(2))), (rape (article \17720)), (robbery (article 122)), (maiming (article 124)), (assault (article 128)), of] or [burning or setting afire, as arson (arti- cle \17726), of (a dwelling inhabited by) (a structure or property (known to be occupied by) (belonging to))] a woman; (b) That the woman was then pregnant; and (c) That the accused thereby intended and attempted to kill the unborn child of that woman. (4) Intentionally killing an unborn child. (a) That the accused was engaged in the [(murder (article \17718)), (vol- untary manslaughter (article \1779(a))), (involuntary manslaughter (article \1779(b)(2))), (rape (article 120)), (robbery (article \17722)), (maiming (article 124)), (assault (article 128)), of] or [burning or setting afire, as arson (arti- cle \17726), of (a dwelling inhabited by) (a structure or property (known to be occupied by) (belonging to))] a woman; (b) That the woman was then pregnant; and (c) That the accused thereby intentionally killed the unborn child of that woman. c. Explanation. (\177) Nuture of of]bnse. This article makes it a separate, punishable crime to cause the death of or bodily injury to an unborn child while engaged in arson (article \17726, UCMJ); murder (article \1778, UCMJ); voluntary man- slaughter (article \17719(a), UCM\177); involuntary manslaughter (article \1779(b)(2), UCM\177); rape (article \17720(a), UCM\177); robbery (article \17722, UCM\177); maiming (article 124, UCMJ); or assault (article \17728, UCM\177) against a pregnant woman. For all underlying offenses, except arson, this article requires that the victim of the underlying offense be the pregnant mother. For purposes of arson, the pregnant mother must have some nexus to the arson such that she sustained some "bodily injury" due to the arson. For the purposes of this article the term "woman" means a female of any age. This article does not permit the prosecution of any (a) person for conduct relating to an abortion for which the consent of the pregnant woman, or a person authorized by law to act on her behalf, has been obtained or for which such consent is implied by law; (b) person for any medical treatment of the pregnant woman or her un- born child; or (c) woman with respect to her unborn child. (2) The offenses of "injuring an unborn child" and "killing an unborn child" do not require proof that -- (a) the person engaging in the conduct (the accused) had knowledge or should have had knowledge that the victim of the underlying offense was pregnant; or 210

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 Executive Orders EO 13430 (b) the accused intended to cause the death of, or bodily iniury to, the unborn child. (3) The offense of "attempting to kill an unborn child" requires that the accused intended by his conduct to cause the death of the unborn child (See paragraph b(3)(c) above). (4) Bodily injmy. For the purpose of this offense, the term "bodily in- iury" is that which is provided by section 1365 of title 18, to wit: a cut, abrasion, bruise, burn, or disfigurement; physical pain; illness; impair- ment of the function of a bodily member, organ, or mental faculty; or any other iniury to the body, no matter how temporary. (5) Unborn child. "Unborn child" means a child in utero or a member of the species homo saplens who is carried in the womb, at any stage of development, from conception to birth. d. Lesser included ofl\177nses. (\177) Killing an unborn child. Article 119a--injuring an unborn child (2) Intentionully killing un unborn child. (a) Artic]e ll9a--ki]]ing an unborn chi]d (b) Artic]e ll9a--iniuring an unborn chi]d (c) Artic]e ll9a--attempts (attempting to ki]] an unborn chi]d) e. Muximum punishment. The maximum punishment for (1) Injuring un unborn child; (2) Killing un unborn child; (3) Attempting to kill un unborn child; or (4) Intentionully killing un unborn child is such punishment, other than death, as a court- martiM may direct, but sha]] be consistent with the punishment had the bodi]y iniury, death, attempt to ki]], or intentiona] ki]]ing occurred to the unborn chi]d's mother. f. Sample specifications. (\177) Injuring an unborn child. In that (persona] jurisdiction data), did (at/on board--]ocation), (subject-matter jurisdic- tion data, if required), on or about 20, cause bodi]y injury to the unborn chi]d of, a pregnant woman, by engaging in the [(murder) (vo]untary mans]aughter) (invo]untary mans]aughter) (rape) (robbery) (maiming) (assau]t) of] [(burning) (setting afire) of (a dwe]]ing inhabited by) (a structure or property known to (be occupied by) (be]ong to))] that woman. (2) Killing un unborn child. In that (persona] jurisdiction data), did (at/on board--]ocation), (subject-matter jurisdic- tion data, if required), on or about 20, cause the death of the unborn chi]d of, a pregnant woman, by engaging in the [(murder) (vo]untary mans]aughter) (invo]untary mans]aughter) (rape) (robbery) (maiming) (assau]t) of] [(burning) (setting afire) of (a dwe]]ing inhabited by) (a structure or property known to (be occupied by) (be]ong to))] that woman. (3) Attempting to kill un unborn child.

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 EO 13430 Title 3--The President In that (personal jurisdiction data), did (at/on board--location), (subject-matter jurisdic- tion data, if required), on or about 20, attempt to kill the unborn child of, a pregnant woman, by engaging in the [(mur- der) (voluntary manslaughter) (involuntary manslaughter) (rape) (rob- bery) (maiming) (assault) of] [(burning) (setting afire) of (a dwelling in- habited by) (a structure or property known to (be occupied by) (belong to))] that woman. (4) Intentionully killing un unborn child. In that (persona] jurisdiction data), did (at/on board--location), (subject-matter jurisdic- tion data, if required), on or about 20, inten- tionally kill the unborn child of, a pregnant woman, by engaging in the [(murder) (voluntary manslaughter) (involuntary manslaughter) (rape) (robbery) (maiming) (assault) of] [(burning) (setting afire) of (a dwelling inhabited by) (a structure or property known to (be occupied by) (belong to))] that woman." (g) t\177y inserting the new paragraph 45a to read: "45a. Article 120a Stalking a. Text (a) Any person subject to this section: (1) who wrongfully engages in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family; (2) who has knowledge, or should have knowledge, that the specific per- son will be placed in reasonable fear of death or bodily harm, including sexual assault, to himself or herself or a member of his or her immediate family; and (3) whose acts induce reasonable fear in the specific person of death or bodily harm, including sexual assault, to himself or herself or to a mem- ber of his or her immediate family; is guilty of stalking and shall be pun- ished as a court-martial may direct. (b) In this section: (1) The term "course of conduct" means: (A) a repeated maintenance of visual or physical proximity to a specific person; or (B) a repeated conveyance of verbal threat, written threats, or threats im- plied by conduct, or a combination of such threats, directed at or to- wards a specific person. (2) The term "repeated," with respect to conduct, means two or more oc- casions of such conduct. (3) The term "immediate family," in the case of a specific person, means a spouse, parent, child, or sibling of the person, or any other family member, relative, or intimate partner of the person who regularly resides in the household of the person or who within the six months preceding 212

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 Executive Orders EO 13430 the commencement of the course of conduct regularly resided in the household of the person. b. Elements. (1) That the accused wrongfully engaged in a course of conduct directed at a specific person that would cause a reasonable person to fear death or bodily harm to himself or herself or a member of his or her immediate family; (2) That the accused had knowledge, or should have had knowledge, that the specific person would be placed in reasonable fear of death or bodily harm to himself or herself or a member of his or her immediate family; and (3) That the accused's acts induced reasonable fear in the specific person of death or bodily harm to himself or herself or to a member of his or her immediate family. c. Explanation. See Paragraph 54.c(1)(a) for an explanation of "bodily harm". d. Lesser included of/\177nses. Article 80--attempts. e. Maximum punishment. Dishonorable discharge, forfeiture of all pay and allowances, and confinement for 3 years. fi Sample Specification. In that (personal jurisdiction data), who (knew)(should have known) that would be placed in reasonable fear of (death)(bodily harm) to (himself) (herself) (, a member of his or her immediate family) did (at/on board-- location), (subject-matter jurisdiction data, if required), (on or about 20 )(from about to about 20 ), wrongfully engage in a course of conduct directed at , to wit: thereby inducing in, a reasonable fear of (death)(bodily harm) to (himself)(herself) ( , a member of his or her immediate family)." Sec. 3. Part V of the Manual for Courts-Martial, United States, is amended as follows: (a) Paragraph 5.c.(8) is amended by replacing the word "foreign" with the word "hardship." (b) Paragraph 7(e) is amended by replacing the word "Transportation" with the words "Homeland Security". Sec. 4. Part IV of the Manual for Courts-Martial, United States, is amended by replacing the word "Transportation" with the words "Homeland Secu- rity." 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 proceedings, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior 213

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 EO 13431 Title 3--The President to the effective date of this order, and any such nonjudicial punishment, restraint, investigation, referral of charges, trial, or other action may pro- ceed in the same manner and with the same effect as if these amend- ments had not been prescribed. GEORGE W. BUSH The White House, April 18, 2007. Executive Order 13431 of May 8, 2007 Establishment of Temporary Organization To Facilitate United States Government Assistance for Transition in Iraq By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 202 of the Revised Stat- utes (22 U.S.C. 2656) and section 3161 of title 5, United States Code, it is hereby ordered as follows: Section 1. Establishment. There is established within the Department of State, in accordance with section 316\177 of title 5, United States Code, a tem- porary organization to be known as the Iraq Transition Assistance Office (ITAO). Sec. 2. Purpose of the Tempermy Organization. The purpose of the ITAO shall be to perform the specific project of supporting executive departments and agencies in concluding remaining large infrastructure projects expedi- tiously in Iraq, in facilitating Iraq's transition to self-sufficiency, and in maintaining an effective diplomatic presence in Iraq. Sec. 3. Functions of the Tempermy Organization. In carrying out its pur- pose set forth in section 2, the ITAO shall: (a) support executive departments and agencies in Iraq in their implemen- tation of United States Government foreign assistance in Iraq; (b) continue coordination, oversight, and reporting concerning remaining Iraq Relief and Reconstruction Fund (IRRF) monies; (c) assume the functions assigned to the Iraq Reconstruction Management Office (IRMO) remaining as of the date of this order; and (d) perform such other functions related to the specific project set forth in section 2 as the Secretary of State (Secretary) may assign. Sec. 4. Personnel and Administration. (a) The ITAO shall be headed by a Director selected by the Secretary. (b) The Secretary shall transfer from the IRMO to the ITAO the personnel, assets, liabilities, and records of the IRMO. Sec. 5. General Provisions. (a) This order shall be implemented in accord- ance with applicable law, subject to the availability of appropriations, and consistent with presidential guidance. (b) This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by 214

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 Executive Orders EO 13432 any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. (c) The ITAO shall terminate at the end of the maximum period permitted by section 3161(a)(1) of title 5, United States Code, unless sooner termi- nated by the Secretary. GEORGE W. BUSH The White House, May 8, 2007. Executive Order 13432 of May 14, 2007 Cooperation Among Agencies in Protecting the Environment With Respect to Greenhouse Gas Emissions From Motor Vehicles, Nonroad Vehicles, and Nonroad Engines By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to ensure the coordi- nated and effective exercise of the authorities of the President and the heads of the Department of Transportation, the Department of Energy, and the Environmental Protection Agency to protect the environment with re- spect to greenhouse gas emissions from motor vehicles, nonroad vehicles, and nonroad engines, in a manner consistent with sound science, analysis of benefits and costs, public safety, and economic growth. Sec. 2. Definitions. As used in this order: (a) "agencies" refers to the Department of Transportation, the Department of Energy, and the Environmental Protection Agency, and all units thereof, and "agency" refers to any of them; (b) "alternative fuels" has the meaning specified for that term in section 301(2) of the Energy Policy Act of 1992 (42 U.S.C. 13211(2)); (c) "authorities" include the Clean Air Act (42 U.S.C. 7401-7671q), the En- ergy Policy Act of 1992 (Public Law 102-486), the Energy Policy Act of 2005 (Public Law 109-58), the Energy Policy and Conservation Act (Public Law 94-163), and any other current or future laws or regulations that may authorize or require any of the agencies to take regulatory action that di- rectly or indirectly affects emissions of greenhouse gases from motor vehi- cles; (d) "greenhouse gases" has the meaning specified for that term in Executive Order 13423 of January 24, 2007; (e) "motor vehicle" has the meaning specified for that term in section 216(2) of the Clean Air Act (42 U.S.C. 7550(2)); (f) "nonroad engine" has the meaning specified for that term in section 216(10) of the Clean Air Act (42 U.S.C. 7550(10)); (g) "nonroad vehicle" has the meaning specified for that term in section 216(ll) of the Clean Air Act (42 U.S.C. 7550(ll)); 215

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 EO 13432 Title 3--The President (h) "regulation" has the meaning specified for that term in section 3(d) of Executive Order 12866 of September 30, 1993, as amended (Executive Order \1772866); and (i) "regulatory action" has the meaning specified for that term in section 3(e) of Executive Order \1772866. Sec. 3. Coordination Among the Agencies. In carrying out the policy set forth in section \177 of this order, the head of an agency undertaking a regu- latory action that can reasonably be expected to directly regulate emissions, or to substantially and predictably affect emissions, of greenhouse gases from motor vehicles, nonroad vehicles, nonroad engines, or the use of motor vehicle fuels, including alternative fuels, shall: (a) undertake such a regulatory action, to the maximum extent permitted by law and determined by the head of the agency to be practicable, iointly with the other agencies; (b) in undertaking such a regulatory action, consider, in accordance with applicable law, information and recommendations provided by the other agencies; (c) in undertaking such a regulatory action, exercise authority vested by law in the head of such agency effectively, in a manner consistent with the effective exercise by the heads of the other agencies of the authority vested in them by law; and (d) obtain, to the extent permitted by law, concurrence or other views from the heads of the other agencies during the development and preparation of the regulatory action and prior to any key decision points during that de- velopment and preparation process, and in no event later than 30 days prior to publication of such action. Sec. 4. Duties of the Heads of Agencies. (a) To implement this order, the head of each agency shall: (\177) designate appropriate personnel within the agency to (i) direct the agen- cy's implementation of this order, (ii) ensure that the agency keeps the other agencies and the Office of Management and Budget informed of the agency regulatory actions to which section 3 refers, and (iii) coordinate such actions with the agencies; (2) in coordination as appropriate with the Committee on Climate Change Science and Technology, continue to conduct and share research designed to advance technologies to further the policy set forth in section 1 of this order; (3) facilitate the sharing of personnel and the sharing of information among the agencies to further the policy set forth in section \177 of this order; (4) coordinate with the other agencies to avoid duplication of requests to the public for information from the public in the course of undertaking such regulatory action, consistent with the Paperwork Reduction Act (44 U.S.C. 350\177et seq.); and (5) consult with the Secretary of Agriculture whenever a regulatory action will have a significant effect on agriculture related to the production or use of ethanol, biodiesel, or other renewable fuels, including actions under- taken in whole or in part based on authority or requirements in title XV 216

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 Executive Orders EO 13433 of the Energy Policy Act of 2005, or the amendments made by such title, or when otherwise appropriate or required by law. (b) To implement this order, the heads of the agencies acting iointly may allocate as appropriate among the agencies administrative responsibilities relating to regulatory actions to which section 3 refers, such as publication of notices in the Federal Register and receipt of comments in response to notices. Sec. 5. Duties of the Director of the Of]\177'ce of Management and Budget and the Chairman of the Council on Environmental Quality. (a) The Director of the Office of Management and Budget, with such assistance from the Chair- man of the Council on Environmental Quality as the Director may require, shall monitor the implementation of this order by the heads of the agencies and shall report thereon to the President from time to time, and not ]ess often than semiannually, with any recommendations of the Director for strengthening the implementation of this order. (b) To implement this order and further the policy set forth in section 1, the Director of the Office of Management and Budget may require the heads of the agencies to submit reports to, and coordinate with, such Office on matters related to this order. Sec. 6. General Provisions. (a) This order shall be implemented in accord- ance with applicable law and subject to the availability of appropriations. (b) This order shall not be construed to impair or otherwise affect the func- tions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals. (c) This order is not intended to, and does not, create any right, benefit or privilege, substantive or procedural enforceable at law or in equity by any party against the United States, its departments, agencies, instrumenta]ities, or entities, its officers or employees, or any other person. GEORGE W. BUSH The White House, May 14, 2007. Executive Order 13433 of May 16, 2007 Protecting American Taxpayers From Payment of Contingency Fees By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Policy. To help ensure the integrity and effective supervision of the legal and expert witness services provided to or on behalf of the United States, it is the policy of the United States that organizations or individuals that provide such services to or on behalf of the United States shall be 217

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 EO 13433 Title 3--The President compensated in amounts that are reasonable, not contingent upon the out- come of litigation or other proceedings, and established according to cri- teria set in advance of performance of the services, except when otherwise required by law. Sec. 2. Duties of Agency Heads. (a) Heads of agencies shall implement within their respective agencies the policy set forth in section l, consistent with such instructions as the Attorney General may prescribe. (b) After the date of this order, no agency shall enter into a contingency fee agreement for legal or expert witness services addressed by section 1 of this order, unless the Attorney General has determined that the agency's entry into the agreement is required by law. (c) Within 90 days after the date of this order, the head of each agency shall notify the Attorney General and the Director of the Office of Manage- ment and Budget of any contingency fee agreements for services addressed by section \177 of this order that are in effect as of the date of this order. Sec. 3. Definitions. For purposes of this order: (a) The term "agency" means an executive agency as defined in section \17705 of title 5, United States Code, and the United States Postal Service and the Postal Regulatory Commission, but shall exclude the Government Account- ability Office and elements of the intelligence community (as defined in section 3(4) of the National Security Act of \177947 as amended (50 U.S.C. 40\177a(4)). (b) The term "contingency fee agreement" means a contract or other agree- ment to provide services under which the amount or the payment of the fee for the services is contingent in whole or in part on the outcome of the matter for which the services were obtained. The term does not include: (i) qualified tax collection contracts defined in section 6306 of title 26, United States Code, and (ii) contracts described in sections 371\177 and 37\1778 of title 3% United States Code. Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subiect to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to an agency or the head thereof; or (ii) functions of the Director of the Office of Management and Budget re- lating to budget, administrative, or legislative proposals. (c) This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. GEORGE W. BUSH The White House, May 16, 2007. 218

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 Executive Orders EO 13434 Executive Order 13434 of May 17, 2007 National Security Professional Development By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to enhance the national secu- rity, it is hereby ordered as follows: Section 1. Policy. In order to enhance the national security of the United States, including preventing, protecting against, responding to, and recov- ering Dom natural and manmade disasters, such as acts of terrorism, it is the policy of the United States to promote the education, training, and ex- perience of current and future professionals in national security positions (security professionals) in executive departments and agencies (agencies). Sec. 2. Nutionul Strutegy for Professionul Development. Not later than 60 days after the date of this order, the Assistant to the President for Home- land Security and Counterterrorism (APHS/CT), in coordination with the Assistant to the President for National Security Affairs (APNSA), shall sub- mit to the President for approval a National Strategy for the Development of Security Professionals (National Strategy). The National Strategy shall set forth a Damework that will provide to security professionals access to inte- grated education, training, and professional experience opportunities for the purpose of enhancing their mission-related knowledge, skills, and expe- rience and thereby improve their capability to safeguard the security of the Nation. Such opportunities shall be provided across organizations, levels of government, and incident management disciplines, as appropriate. Sec. 3. Executive Steering Committee. (a) There is established the Security Professional Development Executive Steering Committee (Steering Com- mittee), which shall facilitate the implementation of the National Strategy. Not later than 120 days after the approval of the National Strategy by the President, the Steering Committee shall submit to the APHS/CT and the APNSA an implementation plan (plan) for the National Strategy, and annu- ally thereafter shall submit to the APHS/CT and the APNSA a status report on the implementation of the plan and any recommendations for changes to the National Strategy. (b) The Steering Committee shall consist exclusively of the following mem- bers (or their designees who shall be full-time officers or employees of the members' respective agencies): (i) the Director of the Office of Personnel Management, who shall serve as Chair; (ii) the Secretary of State; (iii) the Secretary of the Treasury; (iv) the Secretary of Defense; (v) the Attorney General; (vi) the Secretary of Agriculture; (vii) the Secretary of Labor; (viii) the Secretary of Health and Human Services; (ix) the Secretary of Housing and Urban Development;

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 EO 13434 Title 3--The President (x) the Secretary of Transportation; (xi) the Secretary of Energy; (xii) the Secretary of Education; (xiii) the Secretary of Homeland Security; (xiv) the Director of National Intelligence; (xv) the Director of the Office of Management and t\177udget; and (xvi) such other officers of the United States as the Chair of the Steering Committee may designate from time to time. (c) The Steering Committee shall coordinate, to the maximum extent prac- ticable, national security professional development programs and guidance issued by the heads of agencies in order to ensure an integrated approach to such programs. (d) The Chair of the Steering Committee shall convene and preside at the meetings of the Steering Committee, set its agenda, coordinate its work, and, as appropriate to deal with particular subiect matters, establish sub- committees of the Steering Committee that shall consist exclusively of members of the Steering Committee (or their designees under subsection (b) of this section), and such other full-time or permanent part-time officers or employees of the Federal Government as the Chair may designate. Sec. 4. Besponsibilities. The head of each agency with national security functions shall: (a) identify and enhance existing national security professional develop- ment programs and infrastructure, and establish new programs as nec- essary, in order to fulfill their respective missions to educate, train, and employ security professionals consistent with the National Strategy and, to the maximum extent practicable, the plan and related guidance from the Steering Committee; and (b) cooperate with the Steering Committee and provide such information, support, and assistance as the Chair of the Steering Committee may request from time to time. Sec. 5. Additional Besponsibilities. (a) Except for employees excluded by law, and subiect to subsections (b), (c), and (d) of this section, the Director of the Office of Personnel Management, after consultation with the Steering Committee, shall: (i) consistent with applicable merit-based hiring and advancement prin- ciples, lead the establishment of a national security professional develop- ment program in accordance with the National Strategy and the plan that provides for interagency and intergovernmental assignments and fellow- ship opportunities and provides for professional development guidelines for career advancement; and (ii) issue to agencies rules and guidance or apply existing rules and guid- ance relating to the establishment of national security professional devel- opment programs to implement the National Strategy and the plan; 220

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 Executive Orders EO 13434 (b) The Secretary of Defense shall issue rules or guidance on professional development programs for Department of Defense military personnel, in- cluding interagency and intergovernmental assignments and fellowship op- portunities, to implement the National Strategy and the plan, as appro- priate, and shall coordinate such programs, to the maximum extent prac- ticable, with the Steering Committee; (c) The Secretary of State shall issue rules or guidance on national security professional development programs for the Foreign Service, including interagency and intergovernmental exchanges and fellowship opportunities, to implement the National Strategy and the plan, as appropriate, and shall coordinate such programs, to the maximum extent practicable, with the Steering Committee; (d) The Director of National Intelligence, in coordination with the heads of agencies of which elements of the intelligence community are a part, shall issue rules or guidance on national security professional development pro- grams for the intelligence community, including interagency and intergov- ernmental assignments and fellowship opportunities, to implement the Na- tional Strategy and the plan, as appropriate, and shall coordinate such pro- grams, to the maximum extent practicable, with the Steering Committee; and (e) The Secretary of Homeland Security shall develop a program to provide to Federal, State, local, and tribal government officials education in disaster preparedness, response, and recovery plans and authorities, and training in crisis decision-making skills, consistent with applicable presidential guid- ance. Sec. 6. General Provisions. This order: (a) shall be implemented consistent with applicable law and authorities of agencies, or heads of agencies, vested by law, and subject to the availability of appropriations; (b) shall not be construed to impair or otherwise affect the authorities of any agency, instrumentality, officer, or employee of the United States under applicable law, including the functions of the Director of the Office of Man- agement and Budget relating to budget, administrative, or legislative pro- posals, or the functions assigned by the President to the Director of the Of- fice of Personnel Management; and (c) is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. GEORGE W. BUSH The White House, May 17, 2007. 221

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 EO 13435 Title 3--The President Executive Order 13435 of June 20, 2007 Expanding Approved Stem Cell Lines in Ethically Responsible Ways By the authority vested in me as President by the Constitution and the laws of the United States of America, and to provide leadership with respect to research on pluripotent stem cells derived by ethically responsible tech- niques so that the potential of pluripotent stem cells can be explored with- out violating human dignity or demeaning human life, it is hereby ordered as follows: Section 1. Research on Alternative Sources of Pluripotent Stem Cells. (a) The Secretary of Health and Human Services (Secretary) shall conduct and support research on the isolation, derivation, production, and testing of stem cells that are capable of producing all or almost all of the cell types of the developing body and may result in improved understanding of or treatments for diseases and other adverse health conditions, but are derived without creating a human embryo for research purposes or destroying, dis- carding, or subjecting to harm a human embryo or fetus. (b) Within 90 days of this order, the Secretary, after such consultation with the Director of the National Institutes of Health (Director), shall issue a plan, including such mechanisms as requests for proposals, requests for ap- plications, program announcements and other appropriate means, to imple- ment subsection (a) of this section, that: (i) specifies and reflects a determination of the extent to which specific techniques may require additional basic or animal research to ensure that any research involving human cells using these techniques is clearly consistent with the standards established under this order and applicable law; (ii) prioritizes research with the greatest potential for clinical benefit; (iii) takes into account techniques outlined by the President's Council on Bioethics, and any other appropriate techniques and research, provided they clearly meet the standard set forth in subsection (a) of this section; (iv) renames the "Human Embryonic Stem Cell Registry" the "Human Pluripotent Stem Cell Registry;" and (v) adds to the registry new human pluripotent stem cell lines that clear- ly meet the standard set forth in subsection (a) of this section. (c) Not later than December 31 of each year, the Secretary shall report to the President on the activities carried out under this order during the past fiscal year, including a description of the research carried out or supported by the Department of Health and Human Services, including the National Institutes of Health, and other developments in the science of pluripotent stem cells not derived from human embryos. Sec. 2. Policy. The activities undertaken and supported by and under the direction of the Secretary shall be clearly consistent with the following policies and principles: (a) the purposes of this order are (i) to direct the Department of Health and Human Services, including the National Institutes of Health, to intensify 222

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 Executive Orders EO 13435 peer reviewed research that may result in improved understanding of or treatments for diseases and other adverse health conditions, and (ii) to pro- mote the derivation of human pluripotent stem cell lines from a variety of alternative sources while clearly meeting the standard set forth in section l(a) of this order; (b) it is critical to establish moral and ethical boundaries to allow the Na- tion to move forward vigorously with medical research, while also main- taining the highest ethical standards and respecting human life and human dignity; (c) the destruction of nascent life for research violates the principle that no life should be used as a mere means for achieving the medical benefit of another; (d) human embryos and fetuses, as living members of the human species, are not raw materials to be exploited or commodities to be bought and sold; and (e) the Federal Government has a duty to exercise responsible stewardship of taxpayer funds, both supporting important medical research and respect- ing ethical and moral boundaries. Sec. 3. Interpretation of this Order. (a) For purposes of this order, the term "human embryo" shall mean any organism, not protected as a human sub- ject under 45 CFR 46 as of the date of this order, that is derived by fer- tilization, parthenogenesis, cloning, or any other means from one or more human gametes or human diploid cells. (b) For purposes of this order, the term "subjecting to harm a human em- bryo" shall mean subjecting such an embryo to risk of injury or death great- er than that allowed for research on fetuses in utero under 45 CFR 46.204(b) and section 498(b) of the Public Health Service Act (42 U.S.C. 289g(b)) as of the date of this order. (c) Nothing in this order shall be construed to affect any policy, guideline, or regulation regarding embryonic stem cell research, human cloning by so- matic cell nuclear transfer, or any other research not specifically authorized by this order, or to forbid the use of existing stem cell lines deemed eligible for other federally funded research in accordance with the presidential pol- icy decision of August 9, 200% for research specifically authorized by this order. Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (b) This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity, by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH The White House, June 20, 2007. 223

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 EO 13436 Title 3--The President Executive Order 13436 of June 28, 2007 Further Amending Executive Order 13381, as Amended, To Extend Its Duration by One Year By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to extend by 1 year the dura- tion of Executive Order 13381 of June 27, 2005 (Strengthening Processes Relating to Determining Eligibility for Access to Classified National Secu- rity Information), as amended, it is hereby ordered that: Section 1. Section 6(a) of Executive Order 13381, as amended, is further amended by striking "April % 2007" and inserting in lieu thereof "April % 2008". Sec. 2. Section 6(b) of Executive Order 13381, as amended, is further amended by striking "July % 2007" and inserting in lieu thereof "July 1, 2008". GEORGE W. BUSH The White House, June 28, 2007. Executive Order 13437 of June 28, 2007 Waiver Under the Trade Act of 1974 With Respect to Turkmenistan By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections 402(c)(2) and (d) of the Trade Act of 1974, as amended (the "Act")(19 U.S.C. 2432(c)(2) and (d)), and having made the report to the Congress set forth in section 402(c)(2), I hereby waive the application of subsections (a) and (b) of section 402 of the Act with respect to Turkmenistan. GEORGE W. BUSH The White House, June 28, 2007. Executive Order 13438 of July 17, 2007 Blocking Property of Certain Persons Who Threaten Stabilization Efforts in Iraq By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et seq.)(IEEPA), the Na- tional Emergencies Act (50 U.S.C. 1601 et seq.)(NEA), and section 301 of title 3, United States Code, 224

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 Executive Orders EO 13438 I, GEORGE W. BUSH, President of the United States of America, find that, due to the unusual and extraordinary threat to the national security and foreign policy of the United States posed by acts of violence threatening the peace and stability of Iraq and undermining efforts to promote eco- nomic reconstruction and political reform in Iraq and to provide humani- tarian assistance to the Iraqi people, it is in the interests of the United States to take additional steps with respect to the national emergency de- clared in Executive Order 13303 of May 22, 2003, and expanded in Execu- tive Order 133\1775 of August 28, 2003, and relied upon for additional steps taken in Executive Order \1773350 of }uly 29, 2004, and Executive Order \1773364 of November 29, 2004. I hereby order: Section 1. (a) Except to the extent provided in section 203(b)(\177), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(\177), (3), and (4)), or 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 date of this order, all property and interests in property of the following persons, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: any person determined by the Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense, (i) to have committed, or to pose a significant risk of committing, an act or acts of violence that have the purpose or effect of: (A) threatening the peace or stability of Iraq or the Government of Iraq; or (B) undermining efforts to promote economic reconstruction and polit- ical reform in Iraq or to provide humanitarian assistance to the Iraqi people; (ii) to have materially assisted, sponsored, or provided financial, mate- rial, logistical, or technical support for, or goods or services in support of, such an act or acts of violence or any person whose property and in- terests in property are blocked pursuant to this order; or (iii) to be owned or controlled by, or to have acted or purported 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) The prohibitions in subsection (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. 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 avoiding, or at- tempts to violate any of the prohibitions set forth in this order is prohib- ited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For purposes of this order: 225

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 EO 13438 Title 3--The President (a) the term "person" means an individual or entity; (b) the term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and (c) the term "United States person" means any United States citizen, 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. I hereby determine that the making of donations of the type speci- fied in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of, any person whose property and interests in property are blocked pursuant to this order would seriously impair my ability to deal with the national emergency declared in Executive Order 13303 and expanded in Executive Order \17733\1775, and I hereby prohibit such donations as provided by section \177 of this order. Sec. 5. 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 Executive Order \1773303 and expanded in Executive Order 133\1775, there need be no prior notice of a listing or deter- mination made pursuant to section l(a) of this order. Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State and the Secretary of Defense, is hereby authorized to take such ac- tions, including the promulgation of rules and regulations, and to employ all powers granted to the President by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redele- gate 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 meas- ures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely man- ner of the measures taken. Sec. 7. Nothing in this order is intended to affect the continued effective- ness of any rules, regulations, orders, licenses, or other forms of administra- tive action issued, taken, or continued in effect heretofore or hereafter under 3\177 C.F.R. chapter V, except as expressly terminated, modified, or suspended by or pursuant to this order. Sec. 8. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. GEORGE W. BUSH The White House, July 17, 2007. 226

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 Executive Orders EO 13439 Executive Order 13439 of July 18, 2007 Establishing an Interagency Working Group on Import Safety By the authority vested in me as President by the Constitution and the laws of the United States of America, and to ensure that the executive branch takes all appropriate steps to promote the safety of imported products, it is hereby ordered as follows: Section 1. Establishment of Interagency Working Group on Import Safety. The Secretary of Health and Human Services shall establish within the De- partment of Health and Human Services for administrative purposes only an Interagency Working Group on Import Safety (Working Group). Sec. 2. Membership and Operation of Working Group. (a) The Working Group shall consist exclusively of the following members, or their designees who shall be officers of the United States appointed by the President or members of the Senior Executive Service: (i) the Secretary of Health and Human Services, who shall serve as Chair; (ii) the Secretary of State; (iii) the Secretary of the Treasury; (iv) the Attorney General; (v) the Secretary of Agriculture; (vi) the Secretary of Commerce; (vii) the Secretary of Transportation; (viii) the Secretary of Homeland Security; (ix) the Director of the Office of Management and Budget; (x) the United States Trade Representative; (xi) the Administrator of the Environmental Protection Agency; (xii) the Chairman of the Consumer Product Safety Commission; and (xiii) other officers or full-time or permanent part-time employees of the United States, as determined by the Chair, with the concurrence of the head of the department or agency concerned. (b) The Chair shall convene and preside at meetings of the Working Group, determine its agenda, and direct its work. The Chair may establish and di- rect subgroups of the Working Group, as appropriate to deal with particular subiect matters, that shall consist exclusively of members of the Working Group. The Chair shall designate an officer or employee of the Department of Health and Human Services to serve as the Executive Secretary of the Working Group. The Executive Secretary shall head any staff assigned to the Working Group and any subgroups thereof, and such staff shall consist exclusively of full-time or permanent part-time Federal employees. Sec. 3. Mission of Working Group. The mission of the Working Group shall be to identify actions and appropriate steps that can be pursued, within ex- isting resources, to promote the safety of imported products, including the following: 227

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 EO 13439 Title 3--The President (a) reviewing or assessing current procedures and methods aimed at ensur- ing the safety of products exported to the United States, including review- ing existing cooperation with foreign governments, foreign manufacturers, and others in the exporting country's private sector regarding their inspec- tion and certification of exported goods and factories producing exported goods and considering whether additional initiatives should be undertaken with respect to exporting countries or companies; (b) identifying potential means to promote all appropriate steps by U.S. im- porters to enhance the safety of imported products, including identifying best practices by U.S. importers in selection of foreign manufacturers, in- specting manufacturing facilities, inspecting goods produced on their be- half either before export or before distribution in the United States, identi- fying origin of products, and safeguarding the supply chain; and (c) surveying authorities and practices of Federal, State, and local govern- ment agencies regarding the safety of imports to identify best practices and enhance coordination among agencies. Sec. 4. Administration of Working Group. The Chair shall, to the extent permitted by law, provide administrative support and funding for the Working Group. Sec. 5. Recommendations of Working Group. The Working Group shall pro- vide recommendations to the President, through the Assistant to the Presi- dent for Economic Policy, on the matters set forth in section 3 within 60 days of the date of this order, unless the Chair determines that an extension is necessary. The Working Group may take other actions it considers appro- priate to promote the safety of imported products. Sec. 6. Termination of Working Group. Following consultation with the As- sistant to the President for Economic Policy, the Chair shall terminate the Working Group upon the completion of its duties. Sec. 7. General Provisions. (a) Nothing in this order sha]] be construed to impair or otherwise affect (i) authority granted by ]aw to a department, agency, or the head thereof, or (ii) functions of the Director of the Office of Management and Budget re]ating to budget, administrative, or ]egis]ative proposa]s. (b) This order sha]] be imp]emented consistent with app]icab]e ]aw and subject to the avai]abi]ity of appropriations. (c) This order is not intended to, and does not, create any right, benefit, or privi]ege, substantive or procedural enforceab]e at ]aw or in equity, by any party against the United States, its departments, agencies, or entities, its officers, emp]oyees, or agents, or any other person. GEORGE W. BUSH The White House, July 18, 2007. 228

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 Executive Orders EO 13440 Executive Order 13440 of July 20, 2007 Interpretation of the Geneva Conventions Common Article 3 as Applied to a Program of Detention and Interrogation Operated by the Central Intelligence Agency By the authority vested in me as President and Commander in Chief of the Armed Forces by the Constitution and the laws of the United States of America, including the Authorization for Use of Military Force (Public Law 107-40), the Military Commissions Act of 2006 (Public Law 109-366), and section 30\177 of title 3, United States Code, it is hereby ordered as follows: Section 1. General Determinations. (a) The United States is engaged in an armed conflict with al Qaeda, the Tallban, and associated forces. Members of al Qaeda were responsible for the attacks on the United States of Sep- tember \177, 200% and for many other terrorist attacks, including against the United States, its personnel, and its allies throughout the world. These forces continue to fight the United States and its allies in Afghanistan, Iraq, and elsewhere, and they continue to plan additional acts of terror through- out the world. On February 7, 2002, I determined for the United States that members of al Qaeda, the Tallban, and associated forces are unlawful enemy combatants who are not entitled to the protections that the Third Geneva Convention provides to prisoners of war. I hereby reaffirm that de- termination. (b) The Military Commissions Act defines certain prohibitions of Common Article 3 for United States law, and it reaffirms and reinforces the authority of the President to interpret the meaning and application of the Geneva Conventions. Sec. 2. Definitions. As used in this order: (a) "Common Article 3" means Article 3 of the Geneva Conventions. (b) "Geneva Conventions" means: (i) the Convention for the Amelioration of the Condition of the Wounded and Sick in Armed Forces in the Field, done at Geneva August 12, \177949 (6 UST 3114); (it) the Convention for the Amelioration of the Condition of Wounded, Sick and Shipwrecked Members of Armed Forces at Sea, done at Geneva August 12, 1949 (6 UST 3217); (iii) the Convention Relative to the Treatment of Prisoners of War, done at Geneva August 12, 1949 (6 UST 3316); and (iv) the Convention Relative to the Protection of Civilian Persons in Time of War, done at Geneva August 12, 1949 (6 UST 3516). (c) "Cruel, inhuman, or degrading treatment or punishment" means the cruel, unusual, and inhumane treatment or punishment prohibited by the Fifth, Eighth, and Fourteenth Amendments to the Constitution of the United States. Sec. 3. Compliance of u Central Intel]igence Agency Detention and Interro- gation Program with Common Article 3. (a) Pursuant to the authority of the 229

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 EO 13440 Title 3--The President President under the Constitution and the laws of the United States, includ- ing the Military Commissions Act of 2006, this order interprets the mean- ing and application of the text of Common Article 3 with respect to certain detentions and interrogations, and shall be treated as authoritative for all purposes as a matter of United States law, including satisfaction of the international obligations of the United States. I hereby determine that Com- mon Article 3 shall apply to a program of detention and interrogation oper- ated by the Central Intelligence Agency as set forth in this section. The re- quirements set forth in this section shall be applied with respect to detain- ees in such program without adverse distinction as to their race, color, reli- gion or faith, sex, birth, or wealth. (b) I hereby determine that a program of detention and interrogation ap- proved by the Director of the Central Intelligence Agency fully complies with the obligations of the United States under Common Article 3, pro- vided that: (i) the conditions of confinement and interrogation practices of the pro- gram do not include: (A) torture, as defined in section 2340 of title 18, United States Code; (B) any of the acts prohibited by section 2441(d) of title \1778, United States Code, including murder, torture, cruel or inhuman treatment, mutilation or maiming, intentionally causing serious bodily iniury, rape, sexual assault or abuse, taking of hostages, or performing of bio- logical experiments; (C) other acts of violence serious enough to be considered comparable to murder, torture, mutilation, and cruel or inhuman treatment, as de- fined in section 244\177(d) of title \1778, United States Code; (D) any other acts of cruel, inhuman, or degrading treatment or pun- ishment prohibited by the Military Commissions Act (subsection 6(c) of Public Law \17709-366) and the Detainee Treatment Act of 2005 (sec- tion 1003 of Public Law \17709-\17748 and section \177403 of Public Law \17709- 163); (E) willful and outrageous acts of personal abuse done for the purpose of humiliating or degrading the individual in a manner so serious that any reasonable person, considering the circumstances, would deem the acts to be beyond the bounds of human decency, such as sexual or sexually indecent acts undertaken for the purpose of humiliation, forcing the individual to perform sexual acts or to pose sexually, threatening the individual with sexual mutilation, or using the indi- vidual as a human shield; or (F) acts intended to denigrate the religion, religious practices, or reli- gious objects of the individual; (ii) the conditions of confinement and interrogation practices are to be used with an alien detainee who is determined by the Director of the Central Intelligence Agency: (A) to be a member or part of or supporting al Qaeda, the Tallban, or associated organizations; and (B) likely to be in possession of information that: (\177) could assist in detecting, mitigating, or preventing terrorist at- tacks, such as attacks within the United States or against its Armed Forces or other personnel, citizens, or facilities, or against allies or 230

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 Executive Orders EO 13440 other countries cooperating in the war on terror with the United States, or their armed forces or other personnel, citizens, or facili- ties; or (2) could assist in locating the senior leadership of al Qaeda, the Tallban, or associated forces; (iii) the interrogation practices are determined by the Director of the Cen- tral Intelligence Agency, based upon professional advice, to be safe for use with each detainee with whom they are used; and (iv) detainees in the program receive the basic necessities of life, includ- ing adequate food and water, shelter from the elements, necessary cloth- ing, protection from extremes of heat and cold, and essential medical care. (c) The Director of the Central Intelligence Agency shall issue written poli- cies to govern the program, including guidelines for Central Intelligence Agency personnel that implement paragraphs (i)(C), (E), and (F) of sub- section 3(b) of this order, and including requirements to ensure: (i) safe and professional operation of the program; (ii) the development of an approved plan of interrogation tailored for each detainee in the program to be interrogated, consistent with sub- section 3(b)(iv) of this order; (iii) appropriate training for interrogators and all personnel operating the program; (iv) effective monitoring of the program, including with respect to med- ical matters, to ensure the safety of those in the program; and (v) compliance with applicable law and this order. Sec. 4. Assignment of Function. With respect to the program addressed in this order, the function of the President under section 6(c)(3) of the Mili- tary Commissions Act of 2006 is assigned to the Director of National Intel- ligence. Sec. 5. General Provisions. (a) Subject to subsection (b) of this section, this order is not intended to, and does not, create any right or benefit, sub- stantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, or other entities, its officers or employees, or any other person. (b) Nothing in this order shall be construed to prevent or limit reliance upon this order in a civil, criminal, or administrative proceeding, or other- wise, by the Central Intelligence Agency or by any individual acting on be- half of the Central Intelligence Agency in connection with the program ad- dressed in this order. GEORGE W. BUSH The White House, July 20, 2007. 23'1

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 EO 13441 Title 3--The President Executive Order 13441 of August 1, 2007 Blocking Property of Persons Undermining the Sovereignty of Lebanon or Its Democratic Processes and Institutions 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 e! seq.)(IEEPA), the National Emer- gencies Act (50 U.S.C. 160\177 e! seq.)(NEA), and section 30\177 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, determine that the actions of certain persons to undermine Lebanon's legitimate and democratically elected government or democratic institutions, to contribute to the deliberate breakdown in the rule of law in Lebanon, including through politically motivated violence and intimidation, to reassert Syrian control or contribute to Syrian interference in Lebanon, or to infringe upon or undermine Lebanese sovereignty contribute to political and economic instability in that country and the region and constitute an unusual and ex- traordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to deal with that threat. I hereby order: Section 1. (a) Except to the extent provided in section 203(b)(\177), (3), and (4) of IEEPA (50 U.S.C. \177702(b)(1), (3), and (4)), or 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 date of this order, all property and interests in property 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 any United States person, including any overseas branch, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or other- wise dealt in: (i) any person determined by the Secretary of the Treasury, in consultation with the Secretary of State: (A) to have taken, or to pose a significant risk of taking, actions, includ- ing acts of violence, that have the purpose or effect of undermining Leb- anon's democratic processes or institutions, contributing to the break- down of the rule of law in Lebanon, supporting the reassertion of Syrian control or otherwise contributing to Syrian interference in Lebanon, or infringing upon or undermining Lebanese sovereignty; (B) to have materially assisted, sponsored, or provided financial, mate- rial, or technological support for, or goods or services in support of, such actions, including acts of violence, or any person whose property and in- terests in property are blocked pursuant to this order; (C) to be a spouse or dependent child 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 inter- ests in property are blocked pursuant to this order. 232

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 Executive Orders EO 13441 (b) I hereby determine that the making of donations of the type of articles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)) by, to, or for the benefit of any person whose property 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 lim- ited 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 inter- ests in property are blocked pursuant to this order, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, or at- tempts to violate any of the prohibitions set forth in this order is prohib- ited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. a. For the purposes of this order: (a) the term "person" means an individual or entity; (b) the term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; and (c) the term "United States person" means any United States citizen, 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 1 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. The Secretary of the Treasury shall ensure compliance with those provisions of section 40\177 of the NEA (50 U.S.C. \17764\177) applicable to the Department of the Treasury in relation to this order. 233

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 EO 13442 Title 3--The President Sec. 6. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of IEEPA (50 U.S.C. 1703(c)). 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. GEORGE W. BUSH The White House, August 1, 2007. Executive Order 13442 of August 13, 2007 Amending the Order of Succession in the Department of Homeland Security By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345, et seq., it is hereby ordered as follows: Section 1. Section 88 of Executive Order 13286 of February 28, 2003 ("Amendment of Executive Orders, and Other Actions, in Connection With the Transfer of Certain Functions to the Secretary of Homeland Security"), is amended by striking the text of such section in its entirety and inserting the following in lieu thereof: "Sec. 88. Order of Succession. Subiect to the provisions of subsection (b) of this section, the officers named in subsection (a) of this section, in the order listed, shall act as, and perform the functions and duties of the office of, the Secretary of Home- land Security (Secretary), if they are eligible to act as Secretary under the provisions of the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq. (Vacancies Act), during any period in which the Secretary has died, resigned, or otherwise become unable to perform the functions and duties of the office of Secretary. (a) Order of Succession. "(i) Deputy Secretary of Homeland Security; (ii) Under Secretary for National Protection and Programs; (iii) Under Secretary for Management; (iv) Assistant Secretary of Homeland Security (Policy); (v) Under Secretary for Science and Technology; (vi) General Counsel; (vii) Assistant Secretary of Homeland Security (Transportation Security Administration); 234

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 Executive Orders EO 13443 (viii) Administrator of the Federal Emergency Management Agency; (ix) Commissioner of U.S. Customs and Border Protection; (x) Assistant Secretary of Homeland Security (U.S. Immigration and Cus- toms Enforcement); (xi) Director of U.S. Citizenship and Immigration Services; (xii) Chief Financial Officer; (xiii) Regional Administrator, Region V, Federal Emergency Management Agency; (xiv) Regional Administrator, Region VI, Federal Emergency Management Agency; (xv) Regional Administrator, Region VII, Federal Emergency Management Agency; (xvi) Regional Administrator, Region IX, Federal Emergency Management Agency; and (xvii) Regional Administrator, Region I, Federal Emergency Management Agency. "(b) Exceptions. (i) No individual who is serving in an office listed in subsection (a) in an acting capacity, by virtue of so serving, shall act as Secretary pursuant to this section. (ii) Notwithstanding the provisions of this section, the President retains discretion, to the extent permitted by the Vacancies Act, to depart from this order in designating an acting Secretary." Sec. 2. Executive Order 13362 of November 29, 2004 ("Designation of Ad- ditional Officers for the Department of Homeland Security Order of Succes- sion"), is hereby revoked. GEORGE W. BUSH The White House, August 13, 2007. Executive Order 13443 of August 16, 2007 Facilitation of Hunting Heritage and Wildlife Conservation By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Purpose. The purpose of this order is to direct Federal agencies that have programs and activities that have a measurable effect on public land management, outdoor recreation, and wildlife management, including the Department of the Interior and the Department of Agriculture, to facili- tate the expansion and enhancement of hunting opportunities and the man- agement of game species and their habitat. Sec. 2. Federal Activities. Federal agencies shall, consistent with agency missions: 235

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 EO 13443 Title 3--The President (a) Evaluate the effect of agency actions on trends in hunting participation and, where appropriate to address declining trends, implement actions that expand and enhance hunting opportunities for the public; (b) Consider the economic and recreational values of hunting in agency ac- tions, as appropriate; (c) Manage wildlife and wildlife habitats on public lands in a manner that expands and enhances hunting opportunities, including through the use of hunting in wildlife management planning; (d) Work collaboratively with State governments to manage and conserve game species and their habitats in a manner that respects private property rights and State management authority over wildlife resources; (e) Establish short and long term goals, in cooperation with State and tribal governments, and consistent with agency missions, to foster healthy and productive populations of game species and appropriate opportunities for the public to hunt those species; (f) Ensure that agency plans and actions consider programs and rec- ommendations of comprehensive planning efforts such as State Wildlife Action Plans, the North American Waterfowl Management Plan, and other range-wide management plans for big game and upland game birds; (g) Seek the advice of State and tribal fish and wildlife agencies, and, as appropriate, consult with the Sporting Conservation Council and other or- ganizations, with respect to the foregoing Federal activities. Sec. a. North American Wildli]\177 Policy Conference. The Chairman of the Council on Environmental Quality (Chairman) shall, in coordination with the appropriate Federal agencies and in consultation with the Sporting Conservation Council and in cooperation with State and tribal fish and wildlife agencies and the public, convene not later than 1 year after the date of this order, and periodically thereafter at such times as the Chairman deems appropriate, a White House Conference on North American Wildlife Policy (Conference) to facilitate the exchange of information and advice re- lating to the means for achieving the goals of this order. Sec. 4. Recreational Hunting and Wildli]\177 Resource Conservation Plan. The Chairman shall prepare, consistent with applicable law and subject to the availability of appropriations, in coordination with the appropriate Federal agencies and in consultation with the Sporting Conselwation Council, and in cooperation with State and tribal fish and wildlife agencies, not later than 1 year following the conclusion of the Conference, a comprehensive Recreational Hunting and Wildlife Conselwation Plan that incorporates ex- isting and ongoing activities and sets forth a 10-year agenda for fulfilling the actions identified in section 2 of this order. Sec. 5. Judicial Review. This order is not intended to, and does not, create any right, benefit, trust responsibility, or privilege, substantive or proce- dural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumentalities, or entities, its officers or employees, or any other person. GEORGE W. BUSH The White House, August 16, 2007. 236

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 Executive Orders EO 13445 Executive Order 13444 of September 12, 2007 Extending Privileges and Immunities to the African Union Mission to the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 7(a)(2) of the Department of State Authorities Act of 2006 (Public Law 109-472), I hereby extend to the African Union Mission to the United States of America, and to its mem- bers, the privileges and immunities enjoyed by diplomatic missions accred- ited to the United States, and by members of such missions, subject to cor- responding conditions and obligations. This extension of privileges and immunities is not intended to abridge in any respect privileges and immunities that the African Union Mission to the United States of America and its members otherwise may have acquired or may acquire by law. GEORGE W. BUSH The White House, September 12, 2007. Executive Order 13445 of September 27, 2007 Strengthening Adult Education By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to use existing Fed- eral programs that serve adults, including new Americans, to strengthen lit- eracy skills, improve opportunities for postsecondary education and em- ployment, and facilitate participation in American life. Sec. 2. Definitions. As used in this order: (a) "agency" means an executive agency as defined in section 105 of title 5, United States Code, other than the Government Accountability Office; and (b) "adult education" means teaching or instruction below the postsec- ondary level, for individuals who are \1776 years of age or older, designed to provide: (i) mastery of basic education skills needed to function effectively in so- ciety; (it) a secondary school diploma or its equivalent; or (iii) the ability to speak, read, or write the English language. Sec. 3. Establishment of Interagency Adult Education Working Group. The Secretary of Education shall establish within the Department of Education for administrative purposes on]y, an Interagency Adult Education Working Group (Working Group), consistent with this order. Sec. 4. Membership and Operation of the Working Group. 237

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 EO 13445 Title 3--The President (a) The Working Group shall consist exclusively of: (i) the Secretary of Education, who shall serve as Chair; (ii) the Secretary of the Treasury, the Attorney General, and the Secre- taries of the Interior, Labor, Health and Human Services, Housing and Urban Development, and Veterans Affairs; and (iii) other officers or full-time or permanent part-time employees of the United States, as determined by the Chair, with the concurrence of the head of the agency concerned. (b) The Chair, or the Chair's designee under subsection (c) of this sec- tion, in implementing section 5 of this order, shall convene and preside at the meetings of the Working Group, determine its agenda, direct its work, and establish and direct subgroups of the Working Group, as ap- propriate to deal with particular subject matters, that shall consist exclu- sively of members of the Working Group or their designees under sub- section (c) of this section. (c) A member of the Working Group may designate, to perform the Work- ing Group or Working Group subgroup functions of the member, any per- son who is a part of the member's agency and who is either an officer of the United States appointed by the President or a member of the Sen- ior Executive Service. Sec. 5. Functions of the Working Group. Consistent with the policy set forth in section 1 of this order, the Working Group shall: (a) identify Federal programs that: (i) focus primarily on improving the basic education skills of adults; (ii) have the goal of transitioning adults from basic literacy to postsec- ondary education, training, or employment; or (iii) constitute programs of adult education; (b) as appropriate, review the programs identified under subsection (a) of this section and submit to the heads of the agencies administering those programs recommendations to: (i) promote the transition of adults from such programs to postsecondary education, training, or employment; (ii) increase the effectiveness, efficiency, and availability of such pro- grams; (iii) minimize unnecessary duplication among such programs; (iv) measure and evaluate the performance of such programs; and (v) undertake and disseminate the results of research related to such pro- grams; (c) identify gaps in the research about effective ways to teach adult edu- cation for postsecondary readiness, recommend areas for further research to improve adult education programs and services, and identify prom- ising practices in disseminating valid existing and future research find- ings; and (d) obtain information and advice as appropriate, in a manner that seeks individual advice and does not involve collective judgment or consensus advice or deliberation, concerning adult education from: 238

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 Executive Orders EO 13446 (i) State, local, territorial, and tribal officials; and (it) representatives of entities or other individuals; (e) at the request of the head of an a\365ency, unless the Chair declines the request, promptly review and provide advice on a proposed action by that agency relating to adult education; and (f) report to the President, through the Assistant to the President for Do- mestic Policy, on its work, and on the implementation of any rec- ommendations arising from its work, at such times and in such formats as the Chair may specify, with the first such report to be submitted no later than 9 months after the date of this order. Sec. 6. Administration of the Working Group. (a) To the extent permitted by law, the Department of Education shall provide the funding and admin- istrative support the Working Group needs, as determined by the Chair, to implement this order. (b) The heads of agencies shall provide, as appropriate, such assistance and information as the Chair may request to implement this order. Sec. 7. General 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; or (it) functions of the Director of the Office of Management and Budget re- lating to budget, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable at law or in equity, by any party against the United States, its agencies or entities, its officers, em- ployees, or agents, or any other person. GEORGE W. BUSH The White House, September 27, 2007. Executive Order 13446 of September 28, 2007 Continuance of Certain Federal Advisory Committees and Amendments to and Revocation of Other Executive Orders By the authority vested in me as President by the Constitution and the laws of the United States of America, and consistent with the provisions of the Federal Advisory Committee Act, as amended (5 U.S.C. App.), it is hereby ordered as follows: Section 1. Each advisory committee Ilsted below is continued until Sep- tember 30, 2009. (a) Committee for the Preservation of the White House; Executive Order 11145, as amended (Department of the Interior). 239

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 EO 13446 Title 3--The President (b) National Infrastructure Advisory Council; section 3 of Executive Order 13231, as amended (Department of Homeland Security). (c) Federal Advisory Council on Occupational Safety and Health; Executive Order 12196, as amended (Department of Labor). (d) President's Board of Advisors on Historically Black Colleges and Uni- versities; Executive Order 13256 (Department of Education). (e) President's Board of Advisors on Tribal Colleges and Universities; Exec- utive Order 13270 (Department of Education). (f) President's Commission on White House Fellowships; Executive Order \1771\17783, as amended (Office of Personnel Management). (g) President's Committee for People with Intellectual Disabilities; Execu- tive Order 12994, as amended (Department of Health and Human Services). (h) President's Committee on the Arts and the Humanities; Executive Order 12367, as amended (National Endowment for the Arts). (i) President's Committee on the International Labor Organization; Execu- tive Order 12216, as amended (Department of Labor). (i) President's Committee on the National Medal of Science; Executive Order 11287, as amended (National Science Foundation). (k) President's Council of Advisors on Science and Technology; Executive Order 13226, as amended (Office of Science and Technology Policy). (1) President's Council on Bioethics; Executive Order 13237 (Department of Health and Human Services). (m) President's Council on Physical Fitness and Sports; Executive Order 13265 (Department of Health and Human Services). (n) President's Export Council; Executive Order 12131, as amended (De- partment of Commerce). (o) President's National Security Telecommunications Advisory Committee; Executive Order 12382, as amended (Department of Homeland Security). (p) Trade and Environment Policy Advisory Committee; Executive Order 12905 (Office of the United States Trade Representative). Sec. 2. Notwithstanding the provisions of any other Executive Order, the functions of the President under the Federal Advisory Committee Act that are applicable to the committees listed in section \177 of this order shall be performed by the head of the department or agency designated after each committee, in accordance with the guidelines and procedures established by the Administrator of General Services. Sec. 3. The following Executive Order, which established a committee whose work has been completed, is revoked: Executive Order \1773369, as amended by Executive Orders 13379 and 13386, establishing the Presi- dent's Advisory Panel on Federal Tax Reform. Sec. 4. Sections 1 and 2 of Executive Order 13385 are superseded by sec- tions \177 and 2 of this order. Sec. 5. Executive Order 12994, as amended (President's Committee for Peo- ple with Intellectual Disabilities) is further amended to read as follows: 240

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 Executive Orders EO 13446 "By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to promote full par- ticipation of people with intellectual disabilities in their communities, it is hereby ordered as follows: "Section 1. Committee Continued and Responsibilities Expanded. The President's Committee on Mental Retardation, with expanded member- ship and expanded responsibilities, and renamed the President's Com- mittee for People with Intellectual Disabilities (Committee), is hereby continued in operation. "Sec. 2. Composition of Committee. (a) The Committee shall be com- posed of the following members: (1) The Attorney General; (2) The Secretary of the Interior; (3) The Secretary of Commerce; (4) The Secretary of Labor; (5) The Secretary of Health and Human Services; (6) The Secretary of Housing and Urban Development; (7) The Secretary of Transportation; (8) The Secretary of Education; (9) The Secretary of Homeland Security; (10) The Chief Executive Officer of the Corporation for National and Community Service; (11) The Commissioner of Social Security; (12) The Chairman of the Equal Employment Opportunity Commis- sion; (13) The Chairperson of the National Council on Disability; and (14) No more than 21 other members who shall be appointed to the Committee by the President. These citizen members shall consist of in- dividuals who represent a broad spectrum of perspectives, experience, and expertise on intellectual disabilities; persons with intellectual dis- abilities and members of families with a child or adult with intellec- tual disabilities; and persons employed in either the public or the pri- vate sector. Except as the President may from time to time otherwise direct, appointees under this paragraph shall serve for two-year terms, except that an appointment made to fill a vacancy occurring before the expiration of a term shall be made for the balance of the unexpired term. "(b) The President shall designate the Chair of the Committee from the 21 citizen members. The Chair shall preside over meetings of the Com- mittee and represent the Committee on appropriate occasions. "Sec. 3. Functions of the Committee. (a) Consistent with subsection (c) of this section, the Committee shall: (1) provide such advice concerning intellectual disabilities as the President or the Secretary of Health and Human Services may request; and (2) provide advice to the President concerning the following for people with intellectual disabilities: (A) expansion of educational opportunities; (t3) promotion of homeownership; 241

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 EO 13446 Title 3--The President (C) assurance of workplace integration; (D) improvement of transportation options; (E) expansion of full access to community living; and (F) increasing access to assistive and universally designed tech- nologies. "(b) The Committee shall provide an annual report to the President through the Secretary of Health and Human Services. Such additional reports may be made as the President may direct or as the Committee may deem appropriate. "(c) The members shall advise the President and carry out their advi- sory role consistent with the requirements of the Federal Advisory Committee Act, as amended (5 U.S.C. App.). "Sec. 4. Cooperation by Agencies. The heads of Federal departments and agencies shall: "(a) designate, when requested by the Secretary of Health and Human Services, an officer or employee of such department or agency to serve as a liaison with the Committee; and "(b) furnish such information and assistance to the Committee, to the extent permitted by law, as the Secretary of Health and Human Serv- ices may request to assist the Committee in performing its functions under this order. "Sec. 5. Administration. (a) The Department of Health and Human Services shall provide the Committee with necessary staff support, ad- ministrative services and facilities, and funding, to the extent per- mitted by law. "(b) Each member of the Committee, except any member who receives other compensation from the United States Government, may receive compensation for each day engaged in the work of the Committee, as authorized by law (5 U.S.C. 3109), and may also receive travel ex- penses, including per diem in lieu of subsistence, as authorized by law (5 U.S.C. 570\177-5707), for persons employed intermittently in the Gov- ernment service. Committee members with disabilities may be com- pensated for attendant expenses, consistent with Government proce- dures and practices. "(c) The Secretary of Health and Human Services shall perform such other functions with respect to the Committee as may be required by the Federal Advisory Committee Act, as amended (5 U.S.C. App.), ex- cept that of reporting to the Congress. "Sec. 6. General (a) Nothing in this order shall be construed as sub- iecting any Federal agency, or any function vested by law in, or as- signed pursuant to law to, any Federal agency, to the authority of the Committee or as abrogating or restricting any such function in any manner. "(b) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instru- mentalities, or entities, its officers or employees, or any other per- son.". 242

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 Executive Orders EO 13447 Sec. 6. This order shall be effective September 30, 2007. GEORGE W. BUSH The White House, September 28, 2007. Executive Order 13447 of September 28, 2007 Further 2007 Amendments to the Manual for Courts-Martial, United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including chapter 47 of title 10, United States Code (Uniform Code of Military Justice, l0 U.S.C. 80a-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order a2473, as amended, it is hereby or- dered as follows: Section 1. The second subparagraph of paragraph 4, of Part I, of the Manual for Courts-Martial, United States, as amended by section 2 of Executive Order a3262 of April al, 2002, is amended by striking the third sentence. Sec. 2. Parts II, III, and IV of the Manual for Courts- Martial, United States, are amended as described in the Annex attached and made a part of this order. Sec. 3. These amendments shall take effect on October % 2007. (a) Nothing in these amendments shall be construed to make punishable any act done or omitted prior to October a, 2007, that was not punishable when done or omitted. (b) Nothing in these amendments shall be construed to invalidate any non- judicial punishment proceedings, restraint, investigation, referral of charges, trial in which arraignment occurred, or other action begun prior to October \177, 2007, and any such nonjudicial punishment, restraint, inves- tigation, 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 pre- scribed. GEORGE W. BUSH The White House, September 28, 2007. 243

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