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 Proc. 7964 Title 3--The President laws of the United States, do hereby proclaim Thursday, November 24, 2005, as a National Day of Thanksgiving. I encourage all Americans to gath- er together in their homes and places of worship with family, friends, and loved ones to reinforce the ties that bind us and give thanks for the free- doms and many blessings we enioy. IN WITNESS WHEREOF, I have hereunto set my hand this eighteenth day of November, in the year of our Lord two thousand five, and of the Inde- pendence of the United States of America the two hundred and thirtieth. GEORGE W. BUSH Proclamation 7964 of November 21, 2005 National Family Week, 2005 By the President of the United States of Arnerica A Proclamation Families give our society direction and purpose. During National Family Week, we celebrate the many contributions families make to our country. Throughout America's history, families have been the foundation of our so- ciety and a source of stability and love for every generation. Strong families teach children to live moral lives and help us pass down the values that define a caring society. By nurturing a child's personal development and providing a safe environment for growth, families prepare our Nation's youth to realize the promise of America. Family is one of the three corner- stones of the Helping America's Youth initiative, led by First Lady Laura Bush. We are working with families, schools, and communities to help children make right choices and build healthy, successful lives. Through USA Freedom Corps, my Administration is also providing opportunities for families to volunteer together and make a positive difference in their com- munities. At this crucial hour in the history of freedom, our Nation is grateful for the sacrifice of our military families who love and support the men and women of our Armed Forces. My Administration is committed to providing a better quality of life for our military families and helping them plan for the future. During National Family Week and throughout the year, Ameri- cans stand solidly behind the men and women of our Armed Forces and join all military families as they pray for the safety and strength of their sons and daughters, husbands and wives, and fathers and mothers. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim November 20 through No- vember 26, 2005, as National Family Week. I invite the States, commu- nities, and all the people of the United States to join together in observing this week with appropriate ceremonies and activities to honor our Nation's families. 142

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 Proclamations Proc. 7965 IN WITNESS WHEREOF, I have hereunto set my hand this twenty-first day of November, in the year of our Lord two thousand five, and of the Inde- pendence of the United States of America the two hundred and thirtieth. GEORGE W. BUSH Proclamation 7965 of November 22, 2005 National Drunk and Drugged Driving Prevention Month, 2005 By the President of the United States of America A Proclamation During National Drunk and Drugged Driving Prevention Month, we renew our efforts to educate all Americans about the tragic consequences of im- paired driving and encourage all Americans to drive responsibly. Every year, too many of our citizens get behind the wheel of an automobile after drinking alcohol or using drugs. This puts drivers, passengers, and others on the road at risk. Last year alone, drunk driving killed more than 16,000 people and accounted for more than 30 percent of all motor vehicle deaths. My Administration remains committed to saving lives and preventing in]u- ties resulting from drunk and drugged driving. The Department of Trans- portation's National Highway Traffic Safety Administration oversees the "You Drink & Drive. You Lose." program, which educates our citizens about the dangers of driving under the influence. This campaign also en- courages lifesaving measures to help keep impaired drivers off the road-- including sobriety checkpoints, saturation patrols, and prosecution of those who break the law. To protect our Nation's young people and deter under- age drinking, the Helping America's Youth initiative, led by First Lady Laura Bush, is promoting positive youth development and educating our children about the dangers associated with alcohol and drug use. With the help of parents, educators, and faith-based and community organizations, this initiative teaches our children to avoid alcohol and drug use, make healthy choices, and build lives of purpose. Keeping drunk and drugged drivers off the road is vital for the safety of our loved ones and fellow citizens. All Americans can encourage respon- sible actions and work to ensure that those around them do not operate a vehicle while under the influence. When law enforcement, communities, and individuals unite against impaired driving, lives are saved and our Na- tion's roadways are made safer for everyone. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim December 2005 as National Drunk and Drugged Driving Prevention Month. I encourage all Americans to help keep our Nation's roadways safe by making responsible decisions and taking appropriate measures to prevent drunk and drugged driving. 143

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 Proc. 7966 Title 3--The President IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of November, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thir- tieth. GEORGE W. BUSH Proclamation 7966 of November 28, 2005 National Pearl Harbor Remembrance Day, 2005 By the President of the United States of Arnerica A Proclamation On National Pearl Harbor Remembrance Day, we pray for those lost on De- cember 7, 1941, and we honor the courage of a generation of Americans who devoted themselves to one of the great missions in our country's his- tory. After the surprise attack on Pearl Harbor took more than 2,400 Amer- ican lives, millions of our citizens answered the call to defend our liberty, and the world witnessed the power of freedom to overcome tyranny. Liberty's ultimate triumph was far from clear in the early days of World War II. When our country was attacked at Pearl Harbor, America was emerging from the Great Depression, and several nations had larger armies than the United States. In Asia and Europe, country after country had fall- en before the armies of militaristic tyrants. However, the brave and deter- mined men and women of our Nation maintained their faith in the power of freedom and democracy. They fought and won a world war against two of the most ruthless regimes the world has ever known. In the years since those victories, the power of freedom and democracy has transformed America's enemies in World War II into close friends. Today, our goal is to continue to spread freedom and democracy and to se- cure a more peaceful world for our children and grandchildren. We are grateful to the men and women who are defending our flag and our free- dom in the first war of the 21st century. These patriots are protecting our country and our way of life by upholding the tradition of honor, bravery, and integrity demonstrated by those who fought for our Nation in World War II. The service and sacrifice of our World War II veterans continue to inspire people across our country, and we remain deeply grateful for all that these heroes have done for the cause of freedom. The Congress, by Public Law 103-308, as amended, has designated Decem- ber 7 of each year as "National Pearl Harbor Remembrance Day." NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim December 7, 2005, as National Pearl Harbor Remembrance Day. I encourage all Americans to observe this solemn occa- sion with appropriate ceremonies and activities. I urge all Federal agencies, interested organizations, groups, and individuals to fly the flag of the United States at half-staff this December 7 in honor of those who died as a result of their service at Pearl Harbor. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-eighth day of November, in the year of our Lord two thousand five, and of the 144

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 Proclamations Proc. 7967 Independence of the United States of America the two hundred and thir- tieth. GEORGE W. BUSH Proclamation 7967 of December 1, 2005 World AIDS Day, 2005 By the President of the United States of Arnerica A Proclamation On World AIDS Day, we remember those who have lost their lives to AIDS, and we recommit ourselves to fighting and preventing HIV/AIDS and to comforting those infected and their loved ones. The United States is working with its partners around the world to turn the tide against HIV/AIDS. In May 2003, we committed $15 billion over 5 years to support treatment, prevention, and care. This plan is designed to support and strengthen the AIDS-fighting strategies of many nations, in- cluding 15 affected countries in Africa, Asia, and the Caribbean. Approxi- mately 400,000 men, women, and children in sub-Saharan Africa have re- ceived life-saving treatment supported through this program. This is a re- markable improvement from 2 years ago, when just 50,000 people in sub- Saharan Africa were receiving treatment for HIV/AIDS. The plan focuses on the ABC prevention message--Abstain, Be faithful, and use Condoms-- with abstinence being the only sure way to prevent the sexual transmission of HIV/AIDS. We are also working with faith-based and community organi- zations and local leaders around the world to expand testing facilities, up- grade clinics and hospitals, and train and support medical personnel. Here at home, more than 1 million people suffer from HIV/AIDS. To stop the spread of this virus, we are focusing extraordinary Federal efforts and resources to increase routine voluntary testing, improve access to life-ex- tending care, and develop a vaccine. We are also grateful for the work of faith-based and community programs whose efforts in these areas are help- ing to improve the lives of our citizens. On World AIDS Day, we recognize the effect of HIV/AIDS and renew our commitment to defeat this pandemic. Americans believe that every life matters and every person counts. The United States will continue to spread a vision of hope as we stand with people from around the world to face the challenges of HIV/AIDS with courage and determination. Together, we can build a better future for all. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim December 1, 2005, as World AIDS Day. I urge the Governors of the States and the Commonwealth of Puerto Rico, officials of the other territories subject to the jurisdiction of the United States, and the American people to join me in appropriate ac- tivities to remember those who have lost their lives to this deadly disease and to comfort and support those living with HIV/AIDS. 145

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 Proc. 7968 Title 3--The President IN WITNESS WHEREOF, I have hereunto set my hand this first day of De- cember, in the year of our Lord two thousand five, and of the Independ- ence of the United States of America the two hundred and thirtieth. GEORGE W. BUSH Proclamation 7968 of December 9, 2005 Human Rights Day, Bill of Rights Day, and Human Rights Week, 2005 By the President of the United States of Arnerica A Proclamation Americans believe that freedom is God's gift to every man and woman in the world. The Founders adopted our Constitution to secure the blessings of liberty for the people of the United States, and since 1789, generations of Americans have defended and advanced freedom in our Nation. Throughout our history, the United States has also worked to extend the promise of liberty to other countries. We are continuing those efforts today. We are promoting democracies that respect freedom of speech, freedom of worship, and freedom of the press and that protect the rights of minorities and women. We are standing with dissidents and exiles against oppressive regimes and tyranny. This year has seen great advances in the spread of democracy and human rights. In }anuary, more than eight million Iraqi men and women braved threats of violence to vote for a provisional government. In October, Iraqis voted in even greater numbers to approve a draft constitution for their country, and on December 15, they will return to the polls to elect a Coun- cil of Representatives. Millions of Afghans voted in September in the first free legislative elections in Afghanistan in decades. Countries of the former Soviet bloc are emerging as thriving democracies. A free press is gaining ground in Kyrgyzstan, and civil institutions are being strengthened in Ukraine and Georgia. We have witnessed good progress this year, and America will continue this historic work to advance the cause of freedom. We remain confident in this cause because we have seen the power of free- dom to overcome the dark ideologies of tyranny and terror. Freedom en- ables men and women to live lives of dignity. And freedom gives the citi- zens of a nation confidence in a future of peace for their children and grandchildren. As we observe Human Rights Day, Bill of Rights Day, and Human Rights Week, we renew our commitment to building a world where human rights are respected and protected by the rule of law and where all people can enjoy freedom and dignity. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim December 10, 2005, as Human Rights Day; December 15, 2005, as Bill of Rights Day; and the week beginning December 10, 2005, as Human Rights Week. I call upon the peo- ple of the United States to mark these observances with appropriate cere- monies and activities. 146

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 Proclamations Proc. 7969 IN WITNESS WHEREOF, I have hereunto set my hand this ninth day of December, in the year of our Lord two thousand five, and of the Independ- ence of the United States of America the two hundred and thirtieth. GEORGE W. BUSH Proclamation 7969 of December 16, 2005 Wright Brothers Day, 2005 By the President of the United States of Arnerica A Proclamation On December 17, 1903, a wooden aircraft lifted from the sands of Kitty Hawk, North Carolina, remaining airborne for 12 seconds and covering a distance of 40 yards. That first powered flight was a heroic moment in our Nation's history and in the story of mankind. On Wright Brothers Day, we celebrate the journey that began at Kitty Hawk and commemorate the imagination, ingenuity, and determination of Orville and Wilbur Wright. The American experience in air and space is an epic of endurance and dis- covery. The past 102 years have brought supersonic flight, space travel, and the exploration of the Moon and Mars. Charles Lindbergh's solo, nonstop passage across the Atlantic Ocean and the record-breaking flights of Amelia Earhart captured the public's imagination and encouraged the growth of aviation. Americans such as Chuck Yeager, the first man to break the sound barrier, and Alan Shepard, the first American in space, and Nell Armstrong and Buzz Aldrin, the first men on the Moon, led our Nation on a voyage of discovery. These pioneers explored the unknown and brought the bold dream of the Wright Brothers into the future. Their dedication and skill and that of countless others reflect the finest values of our country and have helped ensure that the United States continues to lead the world in flight. Americans will always be risk-takers for the sake of exploration. As we re- member the achievements of the Wright Brothers, we look forward to chal- lenging the frontiers of knowledge in a new century. The Congress, by a joint resolution approved December 17, 1963 (77 Stat. 402; 36 U.S.C. 143) as amended, has designated December 17 of each year as "Wright Brothers Day" and has authorized and requested the President to issue annually a proclamation inviting the people of the United States to observe that day with appropriate ceremonies and activities. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, do hereby proclaim December 17, 2005, as Wright Brothers Day. IN WITNESS WHEREOF, I have hereunto set my hand this sixteenth day of December, in the year of our Lord two thousand five, and of the Inde- pendence of the United States of America the two hundred and thirtieth. GEORGE W. BUSH 147

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 Proc. 7970 Title 3--The President Proclamation 7970 of December 22, 2005 To Take Certain Actions Under the African Growth and Opportunity Act By the President of the United States o/America A Proclamation 1. Section 506A(a)(1) of the Trade Act of 1974 (the "1974 Act") (19 U.S.C. 2466a(a)(1)), as added by section 111(a) of the African Growth and Oppor- tunity Act (title I of Public Law 106-200) (AGOA), authorizes the President to designate a country listed in section 107 of the AGOA (19 U.S.C. 3706) as a "beneficiary sub-Saharan African country" if the President determines that the country meets the eligibility requirements set forth in section 104 of the AGOA (19 U.S.C. 3703), as well as the eligibility criteria set forth in section 502 of the 1\36574 Act (19 U.S.C. 2462). 2. Section 104 of the AGOA authorizes the President to designate a country listed in section 107 of the AGOA as an "eligible sub-Saharan African country" if the President determines that the country meets certain eligi- bility requirements. 3. Section 112(b)(3)(B) of the AGOA (19 U.S.C. 3721(b)(3)(B)) provides spe- cial rules for certain apparel articles imported from "lesser developed bene- ficiary sub-Saharan African countries." 4. In Proclamation 7350 of October 2, 2000, the President designated the Islamic Republic of Mauritania (Mauritania) as a beneficiary sub-Saharan African country pursuant to section 506A(a)(1) of the 1974 Act and pro- vided that it would be considered a lesser developed beneficiary sub-Saha- ran African country for purposes of section 112(b)(3)(B) of the AGOA. 5. Section 506A(a)(3) of the 1974 Act (19 U.S.C. 2466a(a)(3)) authorizes the President to terminate the designation of a country as a beneficiary sub-Sa- haran African country for purposes of section 506A if he determines that the country is not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 Act. 6. Pursuant to section 104 of the AGOA and section 506A(a)(1) of the 1974 Act, I have determined that the Republic of Burundi (Burundi) meets the eligibility requirements set forth or referenced therein, and I have decided to designate Burundi as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country. 7. I further determine that Burundi satisfies the criterion for treatment as a "lesser developed beneficiary sub-Saharan African country" under sec- tion 112(b)(3)(B) of the AGOA. 8. Pursuant to section 506A(a)(3) of the 1974 Act, I have determined that Mauritania is not making continual progress in meeting the requirements described in section 506A(a)(1) of the 1974 Act. Accordingly, I have de- cided to terminate the designation of Mauritania as a beneficiary sub-Saha- ran African country for purposes of section 506A of the 1974 Act, effective on January 1, 2006. 9. Section 604 of the 1974 Act (19 U.S.C. 2483), as amended, authorizes the President to embody in the Harmonized Tariff Schedule (HTS) of the 148

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 Proclamations Proc. 7971 United States the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under authority vested in me by the Constitution and the laws of the United States of America, including but not limited to sec- tion 104 of the AGOA and sections 506A and 604 of the 1974 Act, do pro- claim that: (\177) Burundi is designated as an eligible sub-Saharan African country and as a beneficiary sub-Saharan African country. (2) In order to reflect this designation in the HTS, general note 16(a) to the HTS is modified by inserting in alphabetical sequence in the list of beneficiary sub-Saharan African countries "Republic of Burundi." (3) For purposes of section l12(b)(3)(B) of the AGOA, Burundi is a lesser developed beneficiary sub-Saharan African country. (4) The designation of Mauritania as a beneficiary sub-Saharan African country for purposes of section 506A of the 1974 Act is terminated, ef- fective on January \177, 2006. (5) In order to reflect in the HTS that beginning January \177, 2006, Mau- titania shall no longer be designated as a beneficiary sub-Saharan African country, general note 16(a) to the HTS is modified by deleting "Islamic Republic of Mauritania" from the list of beneficiary sub-Saharan African countries. Further, U.S. note 2(d) to subchapter XIX of chapter 98 of the HTS is modified by removing "Islamic Republic of Mauritania" from the list of lesser developed beneficiary sub-Saharan African countries. (6) The modifications to the HTS made by paragraphs 2 and 5 of this proclamation shall be effective with respect to articles entered, or with- drawn from warehouse for consumption, on or after January \177, 2006. (7) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are su- perseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thir- tieth. GEORGE W. BUSH Proclamation 7971 of December 22, 2005 To Implement the United States-Morocco Free Trade Agreement By the President of the United States of Arnerica A Proclamation 1. On June 15, 2004, the United States entered into the United States-Mo- rocco Free Trade Agreement (USMFTA). The USMFTA was approved by the Congress in section 101(a) of the United States-Morocco Free Trade 149

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 Proc. 7971 Title 3--The President Agreement Implementation Act (the "USMFTA Act") (Public Law 108-302, 1\1778 Stat. \17703) (\1779 U.S.C. 3805 note). 2. Section 105(a) of the USMFTA Act authorizes the President to establish or designate within the Department of Commerce an office that shall be re- sponsible for providing administrative assistance to panels established under Chapter 20 of the USMFTA. 3. Section 20\177 of the USMFTA Act authorizes the President to proclaim such modifications or continuation of any duty, such continuation of duty- free or excise treatment, or such additional duties as the President deter- mines to be necessary or appropriate to carry out or apply Articles 2.3, 2.5, 2.6, 4A, 4.3.9, 4.3A0, 4.3A1, 4.3A3, 4.3A4, and 4.3A5, and the schedule of reductions with respect to Morocco set forth in Annex IV of the USMFTA. 4. Consistent with section 20\177(a)(2) of the USMFTA Act, Morocco is to be removed from the enumeration of designated beneficiary developing coun- tries eligible for the benefits of the Generalized System of Preferences (GSP). Further, consistent with section 604 of the Trade Act of 1974 (the "\177974 Act") (\1779 U.S.C. 2483), as amended, I have determined that other technical and conforming changes to the Harmonized Tariff Schedule of the United States (HTS) are necessary to reflect that Morocco is no longer eligi- ble to receive benefits of the GSP. 5. Section 203 of the USMFTA Act provides certain rules for determining whether a good is an originating good for the purposes of implementing preferential tariff treatment under the USMFTA. I have decided that it is necessary to include these rules of origin, together with particular rules ap- plicable to certain other goods, in the HTS. 6. Section 204 of the USMFTA Act authorizes the President to take certain enforcement actions relating to trade with Morocco in textile and apparel goods. 7. Subtitle B of title III of the USMFTA Act authorizes the President to take certain actions in response to a request by an interested party for relief from serious damage or actual threat thereof to a domestic industry pro- ducing certain textile or apparel articles. 8. Executive Order \177651, as amended, establishes the Committee for the Implementation of Textile Agreements (CITA) to supervise the implementa- tion of textile trade agreements. 9. Section 604 of the \177974 Act, as amended, authorizes the President to em- body in the HTS the substance of relevant provisions of that Act, or other acts affecting import treatment, and of actions taken thereunder. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, acting under authority vested in me by the Constitution and the laws of the United States of America, including but not limited to sec- tions 20\177, 203, 204, and 32\177-328 of the USMFTA Act, section 30\177 of title 3, United States Code, and section 604 of the 1974 Act, do proclaim that: (\177) In order to provide generally for the preferential tariff treatment being accorded under the USMFTA, to set forth rules for determining whether goods imported into the customs territory of the United States are eligible for preferential tariff treatment under the USMFTA, to pro- vide certain other treatment to originating goods for the purposes of the 150

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 Proclamations Proc. 7971 USMFTA, to provide tariff-rate quotas with respect to certain originating goods, to reflect Morocco's removal from the enumeration of designated beneficiary developing countries for purposes of the GSP, and to make technical and conforming changes in the general notes to the HTS, the HTS is modified as set forth in Annex I of Publication No. 3721 of the United States International Trade Commission, entitled "Modifications to the Harmonized Tariff' Schedule of the United States Implementing the United States-Morocco Free Trade Agreement" (Publication 3721), which is incorporated by reference into this proclamation. (2) In order to implement the initial stage of duty elimination provided for in the USMFTA, and to provide for future staged reductions in duties for products of Morocco for purposes of the USMFTA, the HTS is modi- fied as provided in Annex II of Publication 372% effective on the dates specified in the relevant sections of such publication and on any subse- quent dates set forth for such duty reductions in that publication. (3) The Secretary of Commerce is authorized to exercise my authority under section 105(a) of the USMFTA Act to establish or designate an of- fice within the Department of Commerce to carry out the functions set forth in that section. (4) (a) The amendments to the HTS made by paragraphs (1) and (2) of this proclamation shall be effective with respect to goods entered, or withdrawn from warehouse for consumption, on or after the relevant dates indicated in Annex II to Publication 3721. (b) Except as provided in paragraph 4(a) of this proclamation, this proclamation shall be effective with respect to goods entered, or with- drawn from warehouse for consumption, on or after January l, 2006. (5) The CITA is authorized to exercise my authority under section 204 of the USMFTA Act to exclude textile and apparel goods from the customs territory of the United States; to determine whether an enterprise's produc- tion of, and capability to produce, goods are consistent with statements by the enterprise; to find that an enterprise has knowingly or willfully engaged in circumvention; and to deny preferential tariff treatment to textile and ap- parel goods. (6) The CITA is authorized to exercise my authority under subtitle B of title III of the USMFTA Act to review requests, and to determine whether to commence consideration of such requests; to cause to be published in the Federal Register a notice of commencement of consideration of a request and notice seeking public comment; to determine whether imports of a Mo- roccan textile or apparel article are causing serious damage, or actual threat thereof, to a domestic industry producing an article that is like, or directly competitive with, the imported article; and to provide relief from imports of an article that is the subject of such a determination. (7) Any provisions of previous proclamations and Executive Orders that are inconsistent with the actions taken in this proclamation are superseded to the extent of such inconsistency. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand five, and of the

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 Proc. 7972 Title 3--The President Independence of the United States of America the two hundred and thir- tieth. GEORGE W. BUSH Proclamation 7972 of December 22, 2005 National Mentoring Month, 2006 By the President of the United States of Arnerica A Proclamation Through countless acts of kindness, mentors across America are changing our Nation for the better. Every child deserves the opportunity to realize the promise of our country, and mentors show that a single soul can make a difference in a young person's life. During National Mentoting Month, we recognize the many individuals who dedicate their time, talents, and en- ergy to help children develop character and integrity. Mentors are soldiers in the armies of compassion, sharing their time to help provide a supportive example for a young person. Mentors help children resist peer pressure, achieve results in school, stay off drugs, and make the right choices. Many people become mentors because of the impact of a mentor in their own lives, creating a chain of compassion over the course of generations. My Administration remains committed to promoting mentoting as an op- portunity to strengthen our country. Through the Helping America's Youth initiative, led by First Lady Laura Bush, we will continue to focus on iden- tifying best practices and programs across this great Nation that are chang- ing lives for the better and helping young people grow up to be responsible and successful adults. In 2006, my Administration will support funding programs to mentor chil- dren who have a parent in prison and for youth at risk of gang influence and involvement. The Federal Government can also help local communities by fostering communication between those who are running successful pro- grams and those who want to get involved. Americans can find valuable mentoting opportunities in their hometown by visiting the USA Freedom Corps website at www. USAFreedomCorps.gov or calling 1-877-USACORP. I appreciate the faith-based and community organizations and all those dedicated to improving the lives of America's children through mentoting. By showing love, support, and compassion, one person can make a dif- ference in the life of a child and help that child learn the importance of serving a cause greater than self. The teachers, coaches, religious leaders, relatives, and other caring adults who mentor contribute to a culture of good citizenship. Their efforts strengthen our country and demonstrate the great influence of one person's kindness and its ability to touch a life. NOW, THEREFORE, I, GEORGE W. BUSH, President of the United States of America, by virtue of the authority vested in me by the Constitution and laws of the United States, do hereby proclaim }anuary 2006 as National Mentoting Month. I call upon the people of the United States to recognize the importance of mentoting, to look for opportunities to serve as mentors 152

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 Proclamations Proc. 7972 in their communities, and to observe this month with appropriate activities and programs. IN WITNESS WHEREOF, I have hereunto set my hand this twenty-second day of December, in the year of our Lord two thousand five, and of the Independence of the United States of America the two hundred and thir- tieth. GEORGE W. BUSH 153

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 EXECUTIVE ORDERS Executive Order 13369 of January 7, 2005 President's Advisory Panel on Federal Tax Reform By the authority vested in me as President by the Constitution and the laws of the United States of America, and to assist in reforming the Federal In- ternal Revenue Code to benefit all Americans, it is hereby ordered as fol- lows: Section 1. Establishment. There is established the President's Advisory Pane] on Federal Tax Reform (Advisory Pane]). Sec. 2. Membership. (a) The Advisory Pane] shall be composed of up to nine members appointed by the President. (b) The President shall designate one member of the Advisory Pane] to serve as Chair and one member to serve as Vice Chair. Sec. 3. Purpose. The purpose of the Advisory Pane] shall be to submit to the Secretary of the Treasury in accordance with this order a report with revenue neutral policy options for reforming the Federal Internal Revenue Code. These options should: (a) simplify Federal tax laws to reduce the costs and administrative bur- dens of compliance with such laws; (b) share the burdens and benefits of the Federal tax structure in an ap- propriately progressive manner while recognizing the importance of homeownership and charity in American society; and (c) promote long-run economic growth and job creation, and better en- courage work effort, saving, and investment, so as to strengthen the com- petitiveness of the United States in the global marketplace. At ]east one option submitted by the Advisory Pane] should use the Fed- era] income tax as the base for its recommended reforms. Sec. 4. Administration. (a) The Department of the Treasury shall provide, to the extent permitted by law, administrative support and funding for the Advisory Pane]. The Advisory Pane] is established within the Department of the Treasury for administrative purposes only. (b) The Chair of the Advisory Pane] shall convene and preside at the meetings of the Advisory Pane], determine its agenda after consultation with the Vice Chair, and direct its work. The Advisory Pane] shall have 155

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 EO 13369 Title 3--The President a staff headed by an Executive Director who shall be selected by the Presi- dent and report to the Chair. (c) Members of the Advisory Panel shall serve without compensation for their work on the Advisory Panel. Members of the Advisory Panel who are not officers or employees in the executive branch, while engaged in the work of the Advisory Panel, may be allowed travel expenses, including per diem in lieu of subsistence, as authorized by law for persons serving inter- mittently in Government service (5 U.S.C. 5701 through 5707), consistent with the availability of funds. (d) Consistent with applicable law, heads of executive departments and agencies shall provide to the Advisory Panel such assistance, including as- signment or detail of personnel, and information as may be necessary for the Advisory Panel to perform its functions. (e) The Advisory Panel may conduct meetings in appropriate locations throughout the United States to obtain information and advice from Ameri- cans of diverse backgrounds and experience and from a diverse range of American entities, including large and small for-profit and non-profit orga- nizations, State, local, and tribal governments, and from other individuals and entities as appropriate. Public hearings shall be held at the call of the Chair. (f) Insofar as the Federal Advisory Committee Act, as amended (5 U.S.C. App.) (the "Act"), may apply to the Advisory Panel, any functions of the President under that Act, except for those in section 6 of that Act, shall be performed by the Secretary of the Treasury in accordance with the guidelines that have been issued by the Administrator of General Services. Sec. 5. tieport. The Advisory Panel shall submit to the Secretary of the Treasury a report containing policy options in accordance with section 3 of this order as soon as practicable, but not later than July 3% 2005. Sec. 6. Provisions. (a) Nothing in this order shall be construed to impair or otherwise affect the functions of the Director of the Office of Manage- ment and Budget relating to budget, administrative, or legislative proposals. (b) This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. Sec. 7. Termination. The Advisory Pane] shall terminate 30 days after sub- mitting its report pursuant to section 5 of this order. GEORGE W. BUSH The White House, Junumy 7, 2005. '156

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 Executive Orders EO 13370 Executive Order 13370 of January 13, 2005 Providing an Order of Succession in the Office of Management and Budget By the authority vested in me as President by the Constitution and the laws of the United States of America and pursuant to the Federal Vacancies Re- form Act of 1998, 5 U.S.C. 3345 et seq., it is hereby ordered that: Section 1. During any period when the Director of the Office of Manage- ment and Budget (Director) and the Deputy Director of the Office of Man- agement and Budget (Deputy Director) have died, resigned, or otherwise be- come unable to perform the functions and duties of the office of Director, the following officers of the Office of Management and Budget, in the order listed, shall perform the functions and duties of the office of Director, if they are eligible to act as Director under the provisions of the Federal Va- cancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Director: Deputy Director for Management; Executive Associate Director; Associate Director (National Security Programs); Associate Director (General Government Programs); Associate Director (Human Resource Programs); Associate Director (Natural Resource Programs); General Counsel; Administrator for Federal Procurement Policy; Administrator of the Office of Information and Regulatory Affairs; Controller, Office of Federal Financial Management; and Administrator of the Office of Electronic Government. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section \177 in an acting capacity, by virtue of so serving, shall act as Director pursuant to this order. (b) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in des- ignating an acting Director. GEORGE W. BUSH The White House, Junumy 13, 2005. '157

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 EO 13371 Title 3--The President Executive Order 13371 of January 27, 2005 Amendments to Executive Order 13285, Re]ating to the President's Council on Service and Civic Participation By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to modify the mission and functions of the President's Council on Service and Civic Participation (Council) and to extend the Council it is hereby ordered that Executive Order 13285 of January 29, 2003, is amended as follows: Section 1. (a) Sections 2(a) and 2(b) of Executive Order 13285 are revised to read as follows: "(a) The mission and functions of the Council shall be to: (i) promote volunteer sea'vice and civic participation in American soci- ety; (ii) encourage the recognition of outstanding volunteer sea'vice through the presentation of the President's Volunteer Sea'vice Award by Council members and Certifying Organizations, thereby encouraging more such ac- tivity; (iii) promote the efforts and needs of local non-profits and volunteer or- ganizations, including volunteer centers; (iv) promote greater public access to information about existing volunteer opportunities, including via the Internet; (v) assist with the promotion of Federally administered volunteer pro- grams and the link that they have to increasing and strengthening commu- nity volunteer sea'vice; and (vi) promote increased and sustained private sector sponsorship of and engagement in volunteer service. (b) In carrying out its mission, the Council shall: (i) encourage broad participation in the President's Volunteer Service Award program by qualified individuals and groups, especially students in primary schools, secondary schools, and institutions of higher learning; (ii) exchange information and ideas with interested individuals and orga- nizations on ways to expand and improve volunteer sea'vice and civic par- ticipation; (iii) advise the Chief Executive Officer of the CNCS on broad dissemina- tion, especially among schools and youth organizations, of information re- garding recommended practices for the promotion of volunteer sea'vice and civic participation, and other relevant educational and promotional mate- rials; (iv) monitor and advise the Chief Executive Officer of the CNCS on the need for the enhancement of materials disseminated pursuant to subsection 2(b)(iii) of this order; and (v) make recommendations from time to time to the President, through the Director of the USA Freedom Corps, on ways to encourage greater lev- els of volunteer se\177wice and civic participation by individuals, schools, and organizations."

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 Executive Orders EO 13372 Sec. 2. Section 4(b) of Executive Order 13285 is revised to read as follows: "(b) Unless further extended by the President, this order shall expire on January 29, 2007." GEORGE W. BUSH The White House, Junuuzy 27, 2005. Executive Order 13372 of February 16, 2005 Clarification of Certain Executive Orders Blocking Property and Prohibiting Certain Transactions By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act, as amended (50 U.S.C. \17770\177 et seq.) (IEEPA), the Na- tional Emergencies Act (50 U.S.C. \17760\177 et seq.) (NEA), section 5 of the United Nations Participation Act of \177945, as amended (22 U.S.C. 287c) (UNPA), and section 301 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, in order to clarify the steps taken in Executive Order \1772947 of January 23, \177995, as amended by Executive Order \1773099 of August 20, \177998; and Executive Order 13224 of September 23, 200% as amended by Executive Order \1773268 of July 2, 2002, and Executive Order \1773284 of January 23, 2003, in par- ticular with respect to the implementation of section 203(b)(2) of IEEPA (50 U.S.C. \177702(b)(2)), hereby order: Section 1. Section 4 of Executive Order 13224 is hereby amended to read as follows: "Sec. 4. I hereby determine that the making of donations of the type of arti- cles specified in section 203(b)(2) of IEEPA (50 U.S.C. \177702(b)(2)), by, to, or for the benefit of, any persons determined to be subject to this order would seriously impair my ability to deal with the national emergency de- clared in this order, and would endanger Armed Forces of the United States that are in a situation where imminent involvement in hostilities is clearly indicated by the circumstances, and I hereby prohibit such dona- tions as provided by section \177 of this order. Furthermore, I hereby deter- mine that the Trade Sanctions Reform and Export Enhancement Act of 2000 (Title IX, Public Law \17706-387) shall not affect the imposition or the continuation of the imposition of any unilateral agricultural sanction or unilateral medical sanction on any person determined to be subject to this order because imminent involvement of the Armed Forces of the United States in hostilities is clearly indicated by the circumstances." Sec. 2. Section 3 of Executive Order \1772947 is hereby amended to read as follows: "Sec. 3. I hereby determine that the making of donations of the type of arti- cles specified in section 203(b)(2) of IEEPA (50 U.S.C. 1702(b)(2)), by, to, or for the benefit of, any person whose property or interests in property are J59

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 EO 13373 Title 3--The President blocked pursuant to section i of this order would seriously impair my abil- ity to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by section 1." Sec. 3. (a) 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 and the UNPA as may be necessary to carry out the pur- poses of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Govern- ment consistent with applicable law. All agencies of the United States Gov- ernment are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order. (b) Nothing contained in this order shall relieve a person from any re- quirement to obtain a license or other authorization in compliance with ap- plicable laws and regulations. (c) Amendments to Executive Orders made by this order shall take effect as of the date of this order. Sec. 4. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, offi- cers, employees, or agents, or any other person. Sec. 5. This order shall be transmitted to the Congress and published in the Federal Register. GEORGE W. BUSH The White House, February 16, 2005. Executive Order 13373 of March 10, 2005 Amendments to Executive Order 11926 Relating to the Vice Presidential Service Badge 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. Amendments to Executive Order 11926. Executive Order 11926 of July 19, 1976, as amended by Executive Order 13286 of February 28, 2003, is further amended as follows: (a) in section 1, by striking "and Coast Guard" and inserting in lieu thereof "Coast Guard, commissioned corps of the National Oceanic and At- mospheric Administration, and commissioned corps of the Public Health Service"; (b) in section 1, by inserting ", or who have been assigned to perform duties predominantly for the Vice President for a period of at least one year subsequent to January 20, 2001, in the implementation of Public Law 93- 346, as amended, or in military units and support facilities to which sec- tion i of Executive Order 12793 of March 20, 1992, as amended, refers" immediately preceding the period; 160

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 Executive Orders EO 13374 (c) in section 2, by striking "Military Assistant to the Vice President" and inserting in lieu thereof "Vice President's designee (with the concur- rence of the Director of the White House Military Office in the case of per- sonnel in military units or support facilities to which section i of Execu- tive Order 12793, as amended, refers)"; (d) in section 2, by inserting "and, in the case of members of the com- missioned corps of the National Oceanic and Atmospheric Administration or the commissioned corps of the Public Health Service so assigned, by the Secretary of Commerce or the Secretary of Health and Human Services, re- spectively" immediately preceding the period; (e) in section 5, by adding at the end of the section "No award shall be made to an individual under this Order based on a period of service with respect to which, in whole or in part, the individual was awarded the Pres- idential Service Badge."; (f) in section 6, by striking "and Coast Guard," and inserting in lieu thereof "Coast Guard, commissioned corps of the National Oceanic and At- mospheric Administration, and commissioned corps of the Public Health Service,"; (g) in section 6, by inserting ", or who has been assigned to perform du- ties predominantly for the Vice President, in the implementation of Public Law 93-346, as amended, or in military units and support facilities to which section 1 of Executive Order 12793, as amended, refers," after "Of- rice of the Vice President"; (h) in section 6, by inserting ", unless otherwise directed by the Director of the White House Military Office in the case of personnel in military units or support facilities to which section 1 of Executive Order 12793, as amended, refers," after "is authorized"; (i) in section 6, by inserting "or her" after "his"; and (i) in section 6, by striking "first day of duty in the Office of the Vice President" and inserting in lieu thereof "first day of such duty". Sec. 2. 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 departments, agencies, entities, officers, em- ployees or agents, or any other person. GEORGE W. BUSH The White House, March 10, 2005. Executive Order 13374 of March 14, 2005 Amendments to Executive Order 12293--The Foreign Service of the United States By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 402 of the Foreign Serv- ice Act of 1980, as amended (22 U.S.C. 3962), and in order to adiust the 161

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United States Code/Title 11/Chapter 7/Section 701

§ 701. Interim trustee

 * (a)
 * (1) Promptly after the order for relief under this chapter, the United States trustee shall appoint one disinterested person that is a member of the panel of private trustees established under section 586 (a)(1) of title 28 or that is serving as trustee in the case immediately before the order for relief under this chapter to serve as interim trustee in the case.
 * (2) If none of the members of such panel is willing to serve as interim trustee in the case, then the United States trustee may serve as interim trustee in the case.

 * (b) The service of an interim trustee under this section terminates when a trustee elected or designated under section 702 of this title to serve as trustee in the case qualifies under section 322 of this title.

 * (c) An interim trustee serving under this section is a trustee in a case under this title.


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 EO 13375 Title 3--The President basic salary rates for each class of the Senior Foreign Service, it is hereby ordered as follows: Section 1. Section 4 of Executive Order 12293 of February 23, 1981, as amended, is amended to read as follows: "Sec. 4. Pursuant to section 402 of the Foreign Service Act (22 U.S.C. 3962), and subject to any restrictions therein, there are established the fol- lowing salary classes with titles for the Senior Foreign Service, at the fol- lowing ranges of basic rates of pay: (a) Career Minister Range from 100 percent of the minimum rate of basic pay for sen- ior-level positions under 5 U.S.C. 5376 to 100 percent of the rate payable for level II of the Executive Schedule. (b) Minister-Counselor Range from 100 percent of the minimum rate of basic pay for sen- ior-level positions under 5 U.S.C. 5376 to 107 percent of the rate payable for level III of the Executive Schedule. (c) Counselor Range from 100 percent of the minimum rate of basic pay for sen- ior-level positions under 5 U.S.C. 5376 to 102 percent of the rate payable for level III of the Executive Schedule." Sec. 2. Section 2 of Executive Order 12293, as amended, is amended by striking "the Director of the International Communication Agency, the Di- rector of the United States International Development Cooperation Agency" and inserting in lieu thereof "the Administrator of the United States Agen- cy for International Development". Sec. a. Executive Order 13325 of January 23, 2004, is revoked. Sec. 4. This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable by any party at law or in equity against the United States, its departments, agencies, entities, officers, em- ployees, or agents, or any other person. GEORGE W. BUSH The White House, March 14, 2005. Executive Order 13375 of April 1, 2005 Amendment to Executive Order 13295 Relating to Certain Influenza Viruses and Quarantinable Communicable Diseases By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 361(b) of the Public Health Service Act (42 U.S.C. 264(b)), it is hereby ordered as follows: Section 1. Based upon the recommendation of the Secretary of Health and Human Services, in consultation with the Surgeon General, and for the pur- pose set forth in section 1 of Executive Order 13295 of April 4, 2003, sec- tion 1 of such order is amended by adding at the end thereof the following new subsection: 162

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 Executive Orders EO 13377 "(c) Influenza caused by novel or reemergent influenza viruses that are causing, or have the potential to cause, a pandemic.". Sec. 2. 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 departments, agencies, entities, officers, em- ployees or agents, or any other person. GEORGE W. BUSH The White House, April 1, 2005. Executive Order 13376 of April 13, 2005 Amendments to Executive Order 12863, Relating to the President's Foreign Intelligence Advisory Board By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Intelligence Reform and Ter- rorism Prevention Act of 2004 (Public Law 108-458), and to update and clarify Executive Order 12863, which created the President's Foreign Intel- ligence Advisory Board, Executive Order 12863 of September 13, 1993, as amended by Executive Orders 13070 of December 15, 1997, and 13301 of May 14, 2003, is further amended as follows: (a) effective upon appointment of the Director of National Intelligence, by striking "Director of Central Intelligence" each place it appears and inserting in lieu thereof "Director of National Intelligence"; and (b) by adding at the end thereof the following new section: "Sec. 3.4. This order is intended only to improve the internal manage- ment of the executive branch of the Federal Government, and is not in- tended to, and does not, create any right or benefit, substantive or proce- dural, enforceable at law or in equity, against the United States, its depart- ments, agencies, or other entities, its officers or employees, or any other person.". GEORGE W. BUSH The White House, April 13, 2005. Executive Order 13377 of April 13, 2005 Designating the African Union as a Public International Organization Entitled To Enjoy Certain Privileges, Exemptions, and Immunities By the authority vested in me as President by the Constitution and the laws of the United States of America, including sections i and 12 of the Inter- national Organizations Immunities Act (22 U.S.C. 288 and 288f-2), as amended by section 569(h) of the Foreign Operations, Export Financing, 163

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 EO 13378 Title 3--The President and Related Programs Appropriations Act, 2005 (Division D of Public Law 108-447), it is hereby ordered as follows: Section 1. Designation. The African Union is hereby designated as a public international organization entitled to enioy the privileges, exemptions, and immunities provided by the International Organizations Immunities Act. Sec. 2. Non-Abridgement. The designation in section i of this order is not intended to abridge in any respect privileges, exemptions, or immunities that the African Union otherwise may have acquired or may acquire by law. Sec. 3. l\177evocation. Executive Order 11767 of February 19, 1974, is revoked. GEORGE W. BUSH The White House, April 13, 2005. Executive Order 13378 of May 12, 2005 Amendments to Executive Order 12788 Relating to the Defense Economic Adjustment Program By the authority vested in me as President by the Constitution and the laws of the United States of America, including 10 U.S.C. 2391 and the Defense Economic Adjustment, Diversification, Conversion, and Stabilization Act of 1990, enacted as Division D, section 4001 et seq., of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101-510, and in order to update the Defense Economic Adjustment Program, it is hereby ordered that Executive Order 12788 of January 15, 1992, as amended, is further amended as follows: Section 1. The text of section 2 of Executive Order 12788 is revised to read as follows: "The Defense Economic Adjustment Program shall (1) assist substantially and seriously affected communities, businesses, and workers from the effects of major Defense base closures, realignments, and Defense contract-related adjustments, and (2) assist State and local governments in preventing the encroachment of civilian communities from impairing the operational utility of military installations." Sec. 2. (a) The text of section 3(c) is amended by deleting "and commu- nities" and inserting in lieu thereof "communities, and businesses"; (b) The text of section 3(1) is amended by deleting "and" after the semi- colon; (c) The text of section 3(m) is amended by adding "and" after "dimin- ish;" and (d) A new section 3(n) is added to read: "(n) Encourage resolution of reg- ulatory issues that impede encroachment prevention and local economic adjustment efforts." Sec. 3. (a) Section 4(a) is amended by: (i) deleting "(19) Director of the United States Arms Control and Disarmament Agency;" (ii) deleting "(21) 164

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 Executive Orders EO 13379 Director of the Federal Emergency Management Agency;" and (iii) tenum- bering the remaining subsections listing the officials on the Economic Ad- iustment Committee (the "Committee") accordingly; (b) The text of section 4(b) is revised to read as follows: "The Secretary of Defense, or the Secretary's designee, shall chair the Committee."; and (c) The text of section 4(c) is revised to read as follows: "The Secretaries of Labor and Commerce shall serve as Vice Chairmen of the Committee. The Vice Chairmen shall co-chair the Committee in the absence of both the Chairman and the Chairman's designee and may also preside over meetings of designated representatives of the concerned executive agencies." Sec. 4. This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable by any party at law or in equity against the United States, its departments, agencies, entities, officers, em- ployees, agents, or any other person. GEORGE W. BUSH The White House, May 12, 2005. Executive Order 13379 of June 16, 2005 Amendment to Executive Order 13369, Relating to the President's Advisory Panel on Federal Tax Reform By the authority vested in me as President by the Constitution and the laws of the United States of America, and to extend the reporting deadline of the President's Advisory Panel on Federal Tax Reform, it is hereby ordered as follows: Section 1. Section 5 of Executive Order 13369 of January 7, 2005, is amend- ed by deleting "July 3% 2005" and inserting in lieu thereof "September 30, 2005". Sec. 2. This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. GEORGE W. BUSH The White House, June 16, 2005. 165

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 EO 13380 Title 3--The President Executive Order 13380 of June 17, 2005 Imp]ementing Amendments to Agreement on Border Environment Cooperation Commission and North American Development Bank By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 533 of the North Amer- ican Free Trade Agreement Implementation Act (]9 U.S.C. 3473), it is here- by ordered as follows: Section 1. Executive Order ]29]6 of May ]3, ]994, is amended as follows: (a) in section ], by inserting ", as amended by the Protocol of Amend- ment done at Washington and Mexico City, November 25 and 26, 2002" after "North American Development Bank"; (b) by striking section 2 and inserting in lieu thereof the following: "Sec. 2. (a) The Secretary of State, the Secretary of the Treasury, and the Administrator of the Environmental Protection Agency shall be mem- bers of the Board of Directors of the Border Environment Cooperation Commission and the North American Development Bank ("Board") as provided in clauses (]), (3), and (5) of article II in chapter III of the Agreement. (b) Appointments to the Board under clauses (7) and (9) of article II in chapter III of the Agreement shall be made by the President. Individ- uals so appointed shall serve at the pleasure of the President. (c) The Secretary of the Treasury is selected to be the Chairperson of the Board during any period in which the United States is to select the Chairperson under article III in chapter III of the Agreement. (d) Except with respect to functions assigned by section 4, 5, 6, or 7 of this order, the Secretary of the Treasury shall coordinate with the Sec- retary of State, the Administrator of the Environmental Protection Agen- cy, such other agencies and officers as may be appropriate, and the indi- viduals appointed under subsection 2(b) as may be appropriate, the de- velopment of the policies and positions of the United States with respect to matters coming before the Board."; (c) in section 3, by striking subsections (a), (b), and (c), striking "(d)", and striking "representatives" and inserting in lieu thereof "members of the Board listed in subsections 2(a) and (b)"; (d) in section 6, by striking "Advisory Committee" and inserting in lieu thereof "Community Adjustment and Investment Program Advisory Com- mittee ("Advisory Committee") established pursuant to section 543(b) of the NAFTA Implementation Act"; and (e) in section 7(c), by striking "Members" and inserting in lieu thereof "members". Sec. 2. This order is intended only to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any

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 Executive Orders EO 13381 party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person. GEORGE W. BUSH The White House, June 17, 2005. Executive Order 13381 of June 27, 2005 Strengthening Processes Relating to Determining Eligibility for Access to Classified National Security Information By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to assist in determining eligi- bility for access to classified national security information, while taking ap- propriate account of title III of Public Law 108-458, it is hereby ordered as follows: Section 1. Policy. To the extent consistent with safeguarding the security of the United States and protecting classified national security information from unauthorized disclosure, agency functions relating to determining eli- gibility for access to classified national security information shall be appro- priately uniform, centralized, efficient, effective, timely, and reciprocal. Sec. 2. Functions of the Of J\177'ce of Management and Budget. The Director of the Office of Management and Budget (Director): (a) may, to ensure the effective implementation of the policy set forth in section 1 of this order, assign, in whole or in part, to the head of any agen- cy (solely or jointly) any process relating to determinations of eligibility for access to classified national security information, with the agency's exer- cise of such assigned process to be subject to the Director's supervision and to such terms and conditions (including approval by the Office of Manage- ment and Budget) as the Director determines appropriate; (b) shall carry out any process that the Director does not assign to an- other agency (or agencies) under subsection (a); (c) may, after consultation with the Secretary of State, Secretary of De- fense, the Attorney General, the Secretary of Energy, the Secretary of Home- land Security, the Director of National Intelligence (DNI), and the Director of the Office of Personnel Management, issue guidelines and instructions to the heads of agencies to ensure appropriate uniformity, centralization, ef- ficiency, effectiveness, and timeliness in processes relating to determina- tions by agencies of eligibility for access to classified national security in- formation; (d) may, with regard to determining eligibility for access to Sensitive Compartmented Information (SCI) and "special access programs pertaining to intelligence activities; including special activities, but not including military operational, strategic, and tactical programs" (Intelligence SAPs) under section 4.3(a) of Executive Order 12958 of April 17, 1995, as amend- ed, issue guidelines and instructions with the concurrence of the DNI to 167

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 EO 13381 Title 3--The President the heads of agencies to ensure appropriate uniformity, centralization, effi- ciency, effectiveness, and timeliness in making such determinations relat- ing to those programs; (e) may, with regard to determining eligibility for access to special access programs (SAP) as defined in Executive Order 12958 other than Intel- ligence SAPs, issue guidelines and instructions with the concurrence of the agency head with responsibility for the SAP to ensure appropriate uni- formity, centralization, efficiency, effectiveness, and timeliness in making such determinations relating to those programs; (f) may report periodically to the President on implementation by agen- cies of the policy set forth in section l; and (g) shall submit reports to the Congress relating to the subject matter of this order to the extent required by law. Sec. 3. Functions of the Heads of Agencies. (a) Heads of agencies shall: (i) carry out any process assigned to the agency head by the Director under subsection 2(a) of this order, and shall assist the Director in carrying out any process under subsection 2(b); (ii) implement guidelines and instructions issued by the Director under subsections 2(c), 2(d), and 2(e) of this order; (iii) to the extent permitted by law, make available to the Director such information as the Director may request to implement this order; (iv) ensure that all actions taken under this order take appropriate ac- count of the counterintelligence interests of the United States; and (v) ensure that all actions taken under this order are consistent with the DNI's responsibility to protect intelligence sources and methods. (b) The Director and other heads of agencies shall ensure that all actions taken under this order are consistent with the President's constitutional au- thority to (i) conduct the foreign affairs of the United States, (ii) withhold information the disclosure of which could impair the foreign relations, the national security, the deliberative processes of the Executive, or the per- formance of the Executive's constitutional duties, (iii) recommend for con- gressional consideration such measures as the President may iudge nec- essary or expedient, and (iv) supervise the unitary executive branch. Sec. 4. Definitions. As used in this order: (a) the term "agencies" means: (i) any "executive department" as defined in section \1770\177 of title 5, United States Code, as well as the Department of Homeland Security; (ii) any "military department" as defined in section \17702 of title 5, United States Code; (iii) any "government corporation" as de- fined in section \17703 of title 5, United States Code; and (iv) any "inde- pendent establishment" as defined in section 104 of title 5, United States Code, but excluding the Government Accountability Office and including the United States Postal Service and the Postal Rate Commission. (b) the term "classified national security information" means information that is classified pursuant to Executive Order \1772958; (c) the term "counterintelligence" has the meaning specified for that term in section 3 of the National Security Act of \177947 (50 U.S.C. 40\177a); and (d) the term "process" means: (i) oversight of determinations of eligi- bility for access to classified national security information, including for

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 Executive Orders EO 13381 SCI and SAPs made by any agency, as well as the acquisition of informa- tion through investigation or other means upon which such determinations are made; (ii) developing and implementing uniform and consistent poli- cies and procedures to ensure the effective, efficient, and timely comple- tion of access eligibility determinations, to include for SAPs; (iii) desig- nating an authorized agency for making access eligibility determinations and an authorized agency for collecting information through investigation upon which such determinations are made; (iv) ensuring reciprocal rec- ognition of determinations of eligibility for access to classified information among the agencies of the United States Government, including resolution of disputes involving the reciprocity of security clearances and access to SCI and SAPs; (v) ensuring the availability of resources to achieve clear- ance and investigative program goals regarding the making of access deter- minations as well as the collection of information through investigation and other means upon which such determinations are made; and (vi) devel- oping tools and techniques for enhancing the making of access eligibility determinations as well as the collection of information through investiga- tion and other means upon which such determinations are made. Sec. 5. General Provisions. (a) Nothing in this order shall be construed to supersede, impede, or otherwise affect: (1) Executive Order 10865 of February 20, 1960, as amended; (2) Executive Order 12333 of December 4, 1981, as amended; (3) Executive Order 12958, as amended; (4) Executive Order 12968 of August 2, 1995; (5) Executive Order 12829 of January 6, 1993, as amended; (6) subsections 102A(i) and (j) of the National Security Act of 1947 (50 U.S.C. 403-1(i) and (j)); and (7) sections 141 through 146 of the Atomic Energy Act of 1954 (42 U.S.C. 2161 through 2166). (b) Executive Order 12171 of November 19, 1979, as amended, is further amended by inserting after section after 1-215 the following new section: "1-216. The Center for Federal Investigative Services, Office of Personnel Management." (c) Nothing in this order shall be construed to impair or otherwise affect any authority of the Director, including with respect to budget, legislative, or administrative proposals. The Director may use any authority of the Of- rice of Management and Budget in carrying out this order. (d) Existing delegations of authority to any agency relating to granting ac- cess to classified information and conducting investigations shall remain in effect, subject to the authority of the Office of Management and Budget under section 2 of this order to revise or revoke such delegation. (e) This order is intended solely to improve the internal management of the executive branch and is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person. Sec. 6. Submission of Report and Expiration of Order. (a) The Director shall submit a report to the President, on or before April 1, 2006, on the implementation of this order and the policy set forth in sec- tion i of this order. 169

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 EO 13382 Title 3--The President (b) Unless extended by the President, this order shall expire on July 1, 2006. GEORGE W. BUSH The White House, June 27, 2005. Executive Order 13382 of June 28, 2005 Blocking Property of Weapons of Mass Destruction Proliferators and Their Supporters 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. 1601 et seq.), and section 301 of title 3, United States Code, I, George W. Bush, President of the United States of America, in order to take additional steps with respect to the national emergency described and declared in Executive Order 12938 of November 14, 1994, regarding the proliferation of weapons of mass destruction and the means of delivering them, and the measures imposed by that order, as expanded by Executive Order 13094 of July 28, 1998, hereby order: Section 1. (a) Except to the extent provided in section 203(b)(1), (3), and (4) of IEEPA (50 U.S.C. 1702(b)(1), (3), and (4)), or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and not- withstanding any contract entered into or any license or permit granted prior to the effective date of this order, all property and interests in prop- erty of the following persons, that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; (ii) any foreign person determined by the Secretary of State, in consulta- tion with the Secretary of the Treasury, the Attorney General, and other relevant agencies, to have engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of ma- terially contributing to, the proliferation of weapons of mass destruction or their means of delivery (including missiles capable of delivering such weapons), including any efforts to manufacture, acquire, possess, de- velop, transport, transfer or use such items, by any person or foreign country of proliferation concern; (iii) any person determined by the Secretary of the Treasury, in consulta- tion with the Secretary of State, the Attorney General, and other relevant agencies, to have provided, or attempted to provide, financial, material, technological or other support for, or goods or services in support of, any activity or transaction described in paragraph (a)(ii) of this section, or any person whose property and interests in property are blocked pursu- ant to this order; and 170

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 Executive Orders EO 13382 (iv) any person determined by the Secretary of the Treasury, in consulta- tion with the Secretary of State, the Attorney General, and other relevant agencies, 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 in- terests in property are blocked pursuant to this order. (b) Any transaction or dealing by a United States person or within the United States in property or interests in property blocked pursuant to this order is prohibited, including, but not limited to, (i) the making of any con- tribution or provision of funds, goods, or services by, to, or for the benefit of, any person whose property and interests in property are blocked pursu- ant to this order, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. (c) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, or attempts to violate any of the prohibitions set forth in this order is prohibited. (d) Any conspiracy formed to violate the prohibitions set forth in this order is prohibited. Sec. 2. For purposes of this order: (a) the term "person" means an individual or entity; (b) the term "entity" means a partnership, association, trust, ioint ven- ture, corporation, group, subgroup, or other organization; and (c) the term "United States person" means any United States citizen, per- manent resident alien, entity organized under the laws of the United States or any iurisdiction within the United States (including foreign branches), or any person in the United States. Sec. 3. I hereby determine that the making of donations of the type of arti- cles 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 this order would seriously impair my ability to deal with the national emergency declared in Executive Order 12938, and I hereby prohibit such donations as provided by section \177 of this order. Sec. 4. Section 4(a) of Executive Order 12938, as amended, is further amended to read as follows: "Sec. 4. Measures Against Foreign Persons. (a) Determination by Secretary of State; Imposition of Measures. Except to the extent provided in section 203(b) of the International Emergency Economic Powers Act (50 U.S.C. 1702(b)), where applicable, if the Sec- retary of State, in consultation with the Secretary of the Treasury, deter- mines that a foreign person, on or after November 16, 1990, the effective date of Executive Order 12735, the predecessor order to Executive Order 12938, has engaged, or attempted to engage, in activities or transactions that have materially contributed to, or pose a risk of materially contributing to, the proliferation of weapons of mass destruction or their means of deliv- ery (including missiles capable of delivering such weapons), including any efforts to manufacture, acquire, possess, develop, transport, transfer, or use such items, by any person or foreign country of proliferation concern, the measures set forth in subsections (b), (c), and (d) of this section shall be imposed on that foreign person to the extent determined by the Secretary of State, in consultation with the implementing agency and other relevant 171

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 EO 13382 Title 3--The President agencies. Nothing in this section is intended to preclude the imposition on that foreign person of other measures or sanctions available under this order or under other authorities." Sec. 5. For those persons whose property and interests in property are blocked pursuant to section 1 of this order who might have a constitutional presence in the United States, I find that because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of meas- ures to be taken pursuant to this order would render these measures inef- fectual. I therefore determine that for these measures to be effective in ad- dressing the national emergency declared in Executive Order 12938, as amended, there need be no prior notice of a listing or determination made pursuant to section 1 of this order. Sec. 6. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to take such actions, including the promulga- tion of rules and regulations, and to employ all powers granted to the Presi- dent by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government, consistent with applicable law. All agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. Sec. 7. The Secretary of the Treasury, in consultation with the Secretary of State, is hereby authorized to determine, subsequent to the issuance of this order, that circumstances no longer warrant the inclusion of a person in the Annex to this order and that the property and interests in property of that person are therefore no longer blocked pursuant to section 1 of this order. Sec. 8. 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 departments, agencies, instrumentalides, or entities, its officers or employees, or any other person. Sec. \365. (a) This order is effective at 12:01 a.m. eastern daylight time on June 29, 2005. (b) This order shall be transmitted to the Congress and published in the Federal Register. GEORGE W. BUSH The White House, June 28, 2005. ANNEX Korea Mining Development Trading Corporation Tanchon Commercial Bank Korea Ryonbong General Corporation Aerospace Industries Organization Shahid Hemmat Industrial Group 172

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 Executive Orders EO 13383 Shahid Bakeri Industrial Group Atomic Energy Organization of Iran Scientific Studies and Research Center Executive Order 13383 of July 15, 2005 Amending Executive Orders 12139 and 12949 in Light of Establishment of the Office of Director of National Intelligence 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. Section 1-103 of Executive Order 12139 of May 23, 1979, is amended by: (a) striking "(c) Director of Central Intelligence" and inserting in lieu thereof "(c) Director of National Intelligence"; (b) striking "(g) Deputy Director of Central Intelligence" and inserting in lieu thereof "(g) Director of the Central Intelligence Agency"; and (c) adding at the end thereof "(h) Principal Deputy Director of National Intelligence.". Sec. 2. Section 3 of Executive Order 12949 of February 9, 1995, is amended by: (a) striking "(c) Director of Central Intelligence" and inserting in lieu thereof "Director of National Intelligence"; (b) striking "and" at the end of subsection (f); (c) striking "(g) Deputy Director of Central Intelligence." and inserting in lieu thereof "(g) Director of the Central Intelligence Agency; and"; and (d) adding at the end thereof "(h) Principal Deputy Director of National Intelligence.". Sec. 3. This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable by any party at law or in equity against the United States, its departments, agencies, entities, officers, em- ployees, or agents, or any other person. GEORGE W. BUSH The White House, July 15, 2005. \17773

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 EO 13384 Title 3--The President Executive Order 13384 of July 27, 2005 Assignment of Functions Relating to Original Appointments as Commissioned Officers and Chief Warrant Officer Appointments in the Armed Forces By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, it is hereby ordered as follows: Section 1. Assignment of Functions to the Secretmy of Defense. The Sec- retary of Defense shall perform the functions of the President under the fol- lowing provisions of title 10, United States Code: (a) subsection 53\177(a)(\177); and (b) the second sentence of subsection 57\177(b). Sec. 2. Reassignment of Functions Assigned. The Secretary of Defense may not reassign the functions assigned to him by this order. Sec. 3. General Provisions. (a) Nothing in this order shall be construed to limit or otherwise affect the authority of the President as Commander in Chief of the Armed Forces of the United States, or under the Constitution and laws of the United States to nominate or to make or terminate appoint- ments. (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, entities, officers, em- ployees or agents, or any other person. GEORGE W. BUSH The White House, July 27, 2005. Executive Order 13385 of September 29, 2005 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 listed below is continued until Sep- tember 30, 2007. (a) Committee for the Preservation of the White House; Executive Order \1771\17745, as amended (Department of the Interior). (b) National Infrastructure Advisory Council; section 3 of Executive Order \177323% as amended (Department of Homeland Security). (c) Federal Advisory Council on Occupational Safety and Health; Execu- tive Order \1772196, as amended (Department of Labor). J74

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 Executive Orders EO 13385 (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; Ex- ecutive Order 13270 (Department of Education). (f) President's Commission on White House Fellowships; Executive Order 11183, as amended (Office of Personnel Management). (g) President's Committee 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). (j) 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; Execu- tive 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 Com- mittee; Executive Order 12382, as amended (Department of Homeland Se- curity). (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 i 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. a. The following Executive Orders that established committees that have terminated or whose work is completed are revoked: (a) Executive Order 13328, establishing the Commission on the Intel- ligence Capabilities of the United States Regarding Weapons of Mass De- struction; and (b) Executive Order 13326, establishing the President's Commission on Implementation of United States Space Exploration Policy. Sec. 4. Sections i and 2 of Executive Order 13316 are superseded by sec- tions i and 2 of this order. Sec. 5. Section 3 of Executive Order 13231, as amended, is further amend- ed by striking section 3, except subsection (c) thereof, and inserting imme- diately preceding subsection (c), the following: 175

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 EO 13385 Title 3--The President "Sec. 3. The Nutionul Infrustructure Adviso\177 Council. The National In- frastructure Advisory Council (NIAC), established on October 16, 200% shall provide the President through the Secretary of Home]and Security with advice on the security of the critical infrastructure sectors and their information systems. (a) Membership. The NIAC shall be composed of not more than 30 mem- bers appointed by the President, taking appropriate account of the benefits of having members (i) from the private sector, including but not limited to banking and finance, transportation, energy, communications, and emer- gency services organizations and institutions of higher ]earning, and State, local, and tribal governments, (ii) with senior leadership responsibilities for the reliability and availability, which include security, of the critical infra- structure and key resource sectors, (iii) with expertise relevant to the func- tions of the NIAC, and (iv) with experience equivalent to that of a chief executive of an organization. Unless otherwise determined by the Presi- dent, no full-time officer or employee of the executive branch shall be ap- pointed to serve as a member of the NIAC. The President shall designate from among the members of the NIAC a Chair and a Vice Chair, who shall perform the functions of the Chair if the Chair is absent, disabled, or in the instance of a vacancy in the Chair. (b) Functions of the NIAC. The NIAC shall meet periodically to: (i) enhance the partnership of the public and private sectors in pro- tecting critical infrastructures and their information systems and provide reports on this issue to the President through the Secretary of Home]and Security, as appropriate; (ii) propose and develop ways to encourage private industry to perform periodic risk assessments; (iii) monitor the development and operations of private sector coordi- nating councils and their information sharing mechanisms and provide recommendations to the President through the Secretary of Homeland Security on how these organizations can best foster improved coopera- tion among the sectors, the Department of Homeland Security, and other Federal Government entities; (iv) report to the President through the Secretary of Homeland Secu- rity, who shall ensure appropriate coordination with the Assistant to the President for Homeland Security and Counterterrorism, the Assistant to the President for Economic Policy, and the Assistant to the President for National Security Affairs under the terms of this order; and (v) advise sector specific agencies with critical infrastructure respon- sibilities to include issues pertaining to sector and government coordi- nating councils and their information sharing mechanisms." In implementing this order, the NIAC shall not advise or otherwise act on matters pertaining to National Security and Emergency Preparedness (NS/EP) Communications and, with respect to any matters to which the NIAC is authorized by this order to provide advice or otherwise act on that may depend upon or affect NS/EP Communications, shall coordinate with the National Security and Telecommunications Advisory Committee estab- lished by Executive Order \1772382, as amended. Sec. 6. Executive Order \1772367, as amended, is further amended by: (a) Striking "including the Millennium" in section 2;

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 Executive Orders EO 13386 (b) Changing the title of section 3 to read "Administrative and Proiect Support"; and (c) Adding the following new subsection 3(c): (c) Additional project support may be provided, to the extent per- mitted by law, by the Director of the Institute of Museum and Library Services after consultation with the Chairpersons of the National En- dowment for the Arts and the National Endowment for the Human- ities.". Sec. 7. Executive Order 12216, as amended, is further amended by revising subsection 1-101 to read as follows: "1-101. There is established the President's Committee on the Inter- national Labor Organization (ILO). The members will be the Secretaries of Labor, State, and Commerce, the Assistant to the President for Na- tional Security Affairs, the Assistant to the President for Economic Pol- icy, and one representative each from organized labor and the business community, to be designated by the Secretary of Labor." Sec. 8. Executive Order 13226, as amended, is further amended by: (a) Striking "not more than 25 members," in section i and inserting in lieu thereof "not more than 45 members,"; (b) Striking "24 of whom" in section i and inserting in lieu thereof "44 of whom"; and (c) Adding the following new subsection 2(d): "(d) PCAST shall serve as the President's Information Technology Ad- visory Committee under subsections 101(b) and 103(b) of the High-Per- formance Computing Act of 1991 (Public Law 102-194), as amended (15 U.S.C. 5511(b) and 5513(b)).". Sec. 9. Executive Order 13283 is revoked. Sec. 10. This order shall be effective September 30, 2005. GEORGE W. BUSH The White House, September 29, 2005. Executive Order 13386 of September 30, 2005 Further Amendment to Executive Order 13369, Relating to the President's Advisory Panel on Federal Tax Reform By the authority vested in me as President by the Constitution and the Jaws of the United States of America, and to further extend the reporting dead- line of the President's Advisory Pane] on Federal Tax Reform, it is hereby ordered as follows: Section 1. Section 5 of Executive Order 13369 of January 7, 2005, as amended by Executive Order \1773379 of June \1776, 2005, is further amended by deleting "September 30, 2005" and inserting in lieu thereof "November % 2005". 177

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United States Code/Title 11/Chapter 7/Section 702

§ 702. Election of trustee

 * (a) A creditor may vote for a candidate for trustee only if such creditor—
 * (1) holds an allowable, undisputed, fixed, liquidated, unsecured claim of a kind entitled to distribution under section 726 (a)(2), 726 (a)(3), 726 (a)(4), 752 (a), 766 (h), or 766 (i) of this title;
 * (2) does not have an interest materially adverse, other than an equity interest that is not substantial in relation to such creditor’s interest as a creditor, to the interest of creditors entitled to such distribution; and
 * (3) is not an insider.

 * (b) At the meeting of creditors held under section 341 of this title, creditors may elect one person to serve as trustee in the case if election of a trustee is requested by creditors that may vote under subsection (a) of this section, and that hold at least 20 percent in amount of the claims specified in subsection (a)(1) of this section that are held by creditors that may vote under subsection (a) of this section.

 * (c) A candidate for trustee is elected trustee if—
 * (1) creditors holding at least 20 percent in amount of the claims of a kind specified in subsection (a)(1) of this section that are held by creditors that may vote under subsection (a) of this section vote; and
 * (2) such candidate receives the votes of creditors holding a majority in amount of claims specified in subsection (a)(1) of this section that are held by creditors that vote for a trustee.

 * (d) If a trustee is not elected under this section, then the interim trustee shall serve as trustee in the case.


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 EO 13387 Title 3--The President Sec. 2. Section 7 of Executive Order 13369 of January 7, 2005, is further amended by deleting "30 days after submitting its report pursuant to sec- tion 5 of this order" and inserting in lieu thereof "November 15, 2005". Sec. 3. This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable at law or in equity, against the United States, its departments, agencies, entities, officers, employees or agents, or any other person. GEORGE W. BUSH The White House, September 30, 2005. Executive Order 13387 of October 14, 2005 2005 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 }ustice, \1770 U.S.C. 80\177-946), and in order to prescribe amendments to the Manual for Courts-Martial, United States, prescribed by Executive Order \1772473, as amended, it is hereby or- dered as follows: Section 1. Part II of the Manual for Courts-Martial, United States, is amended as follows: (a) R.C.M. \17703(2) is amended by replacing the word "without" with the word "with" and by replacing the word "noncapital" with the word "cap- ital". (b) R.C.M. 201(e)(2)(B) is amended by adding the word "general" be- tween the words "convene" and "courts-martial" and by inserting the fol- lowing words after "armed forces": "assigned or attached to a combatant command or ioint command". (c) R.C.M. 20\177(e)(2)(C) is amended by inserting the words "assigned or attached to a ioint command or ioint task force," immediately before the words "under regulations which the superior command may prescribe". (d) R.C.M. 20\177(e)(3) is amended by inserting the following immediately after the words "armed force": ", using the implementing regulations and procedures prescribed by the Secretary concerned of the military service of the accused,". (e) R.C.M. 20\177(e)(4) is amended by adding the words ", member, or coun- sel" after the words "military iudge". (f) R.C.M. 20\177(f)(1)(A)(iii)(b) is amended to read as follows: "(b) The case has not been referred with a special instruction that the case is to be tried as capital." (g) R.C.M. 307(c)(4) is amended by inserting the following at the end thereof: 178

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