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 EO 13280 Title 3--The President or impede the effectuation of the purposes of this Order: and provided fur- ther, that in the absence of such an exemption all facilities shall be covered by the provisions of this Order." Sec. 5. General Provisions. (a) This order supplements but does not supersede the requirements con- tained in Executive Orders 13198 and 13\17799 of January 29, 200% (b) The agencies shall coordinate with the White House OFBCI con- cerning the implementation of this order. (c) Nothing in this order shall be construed to require an agency to take any action that would impair the conduct of foreign affairs or the national security. Sec. 6. Responsibilities of Executive Departments and Agencies. All execu- tive departments and agencies (agencies) shall: (a) designate an agency employee to serve as the liaison and point of contact with the White House OFBCI; and (b) cooperate with the White House OFBCI and provide such informa- tion, support, and assistance to the White House OFBCI as it may request, to the extent permitted by law. Sec. 7. Judicial Review. This order is intended only to improve the internal management of the ex- ecutive branch, and it is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, or entities, its officers, employ- ees or agents, or any person. GEORGE W. BUSH THE WHITE HOUSE, December 12, 2002. Executive Order 13280 of December 12, 2002 Responsibilities of the Department of Agriculture and the Agency for International Development With Respect to Faith- Based and Community Initiatives By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to help the Federal Govern- ment coordinate a national effort to expand opportunities for faith-based and other community organizations and to strengthen their capacity to bet- ter meet social needs in America's communities, it is hereby ordered as fol- lows: Section 1. Establishment of Centers for Faith-Based and Community Initia- tives at the Department of Agriculture and the Agency for International De- velopment. (a) The Secretary of Agriculture and the Administrator of the Agency for International Development shall each establish within their re- spective agencies a Center for Faith-Based and Community Initiatives (Cen- ter). 262

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 Executive Orders EO 13280 (b) Each of these Centers shall be supervised by a Director, appointed by the agency head in consultation with the White House Office of Faith- Based and Community Initiatives (White House OFBCI). (c) Each agency shall provide its Center with appropriate staff, adminis- trative support, and other resources to meet its responsibilities under this order. (d) Each Center shall begin operations no later than 45 days from the date of this order. Sec. 2. Purpose of Executive Branch Centers for Faith-Based and Commu- nity Initiatives. The purpose of the agency Centers will be to coordinate agency efforts to eliminate regulatory, contracting, and other programmatic obstacles to the participation of faith-based and other community organiza- tions in the provision of social services. Sec. 3. Responsibilities of the Centers for Faith-Based and Community Ini- tiatives. Each Center shall, to the extent permitted by law: (a) conduct, in coordination with the White House OFBCI, an agency- wide audit to identify all existing barriers to the participation of faith-based and other community organizations in the delivery of social services by the agency, including but not limited to regulations, rules, orders, procure- ment, and other internal policies and practices, and outreach activities that either facially discriminate against or otherwise discourage or disadvantage the participation of faith-based and other community organizations in Fed- eral programs; (b) coordinate a comprehensive agency effort to incorporate faith-based and other community organizations in agency programs and initiatives to the greatest extent possible; (c) propose initiatives to remove barriers identified pursuant to section 3(a) of this order, including but not limited to reform of regulations, pro- curement, and other internal policies and practices, and outreach activities; (d) propose the development of innovative pilot and demonstration pro- grams to increase the participation of faith- based and other community or- ganizations in Federal as well as State and local initiatives; and (e) develop and coordinate agency outreach efforts to disseminate infor- mation more effectively to faith-based and other community organizations with respect to programming changes, contracting opportunities, and other agency initiatives, including but not limited to Web and Internet resources. Sec. 4. Reporting Requirements. (a) Report. Not later than 180 days from the date of this order and annu- ally thereafter, each of the two Centers described in section 1 of this order shall prepare and submit a report to the White House OFBCI. (b) Contents. The report shall include a description of the agency's ef- forts in carrying out its responsibilities under this order, including but not limited to: (i) a comprehensive analysis of the barriers to the full participation of faith-based and other community organizations in the delivery of social services identified pursuant to section 3(a) of this order and the pro- posed strategies to eliminate those barriers; and 263

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 EO 13281 Title 3--The President (ii) a summary of the technical assistance and other information that will be available to faith-based and other community organizations re- garding the program activities of the agency and the preparation of appli- cations or proposals for grants, cooperative agreements, contracts, and procurement. (c) Performance Indicators. The first report, filed 180 days after the date of this order, shall include annual performance indicators and measurable objectives for agency action. Each report filed thereafter shall measure the agency's performance against the objectives set forth in the initial report. Sec. 5. Hesponsibilities of the Secretmy of Agriculture and the Adminis- trator of the Agency for International Development. The Secretary and the Administrator shall: (a) designate an employee within their respective agencies to serve as the liaison and point of contact with the White House OFBCI; and (b) cooperate with the White House OFBCI and provide such informa- tion, support, and assistance to the White House OFBCI as it may request, to the extent permitted by law. Sec. 6. Administration and Judicial HeyJew. (a) The agency actions directed by this executive order shall be carried out subject to the availability of ap- propriations and to the extent permitted by law. (b) This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, or entities, its officers, employees or agents, or any other person. GEORGE W. BUSH THE WHITE HOUSE, December 12, 2002. Executive Order 13281 of December 19, 2002 Half-Day Closing of Executive Departments and Agencies of the Federal Government on Tuesday, December 24, 2002 By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered as follows: Section 1. All executive branch departments and agencies of the Federal Government shall be closed and their employees excused from duty for the last half of the scheduled workday on Tuesday, December 24, 2002, the day before Christmas Day, except as provided in section 2 below. Sec. 2. The heads of executive branch departments and agencies may deter- mine that certain offices and installations of their organizations, or parts thereof, must remain open and that certain employees must report for duty for the full scheduled workday on December 24, 2002, for reasons of na- tional security or defense or other public reasons. Sec. 3. Tuesday, December 24, 2002, shall be considered as falling within the scope of Executive Order 1\177582 of February \177, 1971, and of 5 U.S.C. 264

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 Executive Orders EO 13282 5546 and 6103(b) and other similar statutes insofar as they relate to the pay and leave of employees of the United States. GEORGE W. BUSH THE WHITE HOUSE, December \1779, 2002. Executive Order 13282 of December 31, 2002 Adjustments of Certain Rates of Pay By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is here- by ordered as follows: Section 1. Statutmy Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 5 U.S.C. 5303(a), are set forth on the schedules attached hereto and made a part hereof: (a) The General Schedule (5 U.S.C. 5332(a)) at Schedule 1; (b) The Foreign Service Schedule (22 U.S.C. 3963) at Schedule 2; and (c) The schedules for the Veterans Health Administration of the Depart- ment of Veterans Affairs (38 U.S.C. 7306, 7404; section 301(a) of Public Law 102-40) at Schedule 3. Sec. 2. Senior Executive Sezvice. The rates of basic pay for senior execu- tives in the Senior Executive Service, as adjusted under 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof. Sec. 3. Executive Salaries. The rates of basic pay or salaries for the fol- lowing offices and positions are set forth on the schedules attached hereto and made a part hereof: (a) The Executive Schedule (5 U.S.C. 5311-5318) at Schedule 5; (b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a), and sec- tion 140 of Public Law 97-92) at Schedule 7. Sec. 4. Uniformed Seivices. Pursuant to section 601(a)-(b) of Public Law 107-314, the rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services and the rate of monthly cadet or midshipman pay (37 U.S.C. 203(c)) are set forth on Schedule 8 attached hereto and made a part hereof. Sec. 5. Locality-Based Comparability Payments. (a) Pursuant to sections 5304 and 5304a of title 5, United States Code, locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part hereof. (b) The Director of the Office of Personnel Management shall take such actions as may be necessary to implement these payments and to publish appropriate notice of such payments in the Federal Register. 265

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 EO 13282 Title 3--The President Sec. 6. Administrative Law Judges. The rates of basic pay for administrative law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Ef/\177ctive Dates. Schedule 8 is effective on January 1, 2003. The other schedules contained herein are effective on the first day of the first applicable pay period beginning on or after January 1, 2003. Sec. 8. Prior Order Superseded. Executive Order 13249 of December 28, 2001, is superseded. GEORGE W. BUSH THE WHITE HOUSE, December 31, 2002. 266

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 Executive Orders EO 13282 SCHEDULE 3--VETERANS HEALTH ADMINISTRATION SCHEDULES DEPARTMENT OF VETERANS AFFAIRS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2003) Schedule for the Office of the Under Secretary for Health (38 U.S.C. 7306)* Deputy Under Secretary for Health ................. $144,591 Associate Deputy Under Secretary for Health ............ 138,491 Assistant Under Secretaries for Health .............. 134,408 *** Minimum Maximum Medical Directors ................... $114,678 $129,972 Service Directors ................... 99,853 124,011 Director, National Center for Preventive Health ................ 85,140 124,011 Physician and Dentist Schedule Director Grade .................... $99,853 $124,011 Executive Grade .................... 92,204 117,511 Chief Grade ...................... 85,140 i10,682 Senior Grade ...................... 72,381 94,098 Intermediate Grade ................... 61,251 79,629 Full Grade ...................... 51,508 66,961 Associate Grade .................... 42,976 55,878 Clinical Podiatrist and Optometrist Schedule Chief Grade ...................... $85,140 $110,682 Senior Grade ...................... 72,381 94,098 Intermediate Grade ................... 61,251 79,629 Full Grade ....................... 51,508 66,961 Associate Grade .................... 42,976 55,873 Physician Assistant and Expanded-Function Dental Auxiliary Schedule Director Grade ..................... $85,140 $110,682 Assistant Director Grade ................ 72,381 94,098 Chief Grade ...................... 61,251 79,629 Senior Grade ...................... 51,508 66,961 Intermediate Grade ................... 42,976 55,873 Full Grade ....................... 35,519 46,175 Associate Grade .................... 30,565 39,736 Junior Grade ...................... 26,130 33,9\1779 Programs or the Director of Nursing Services. Pay for these positions is set by the Under Secretary for Health ueder 38 U.S.C. 745]. basic pay payable to this employee is limited to the rate for level IV of the Executive Schedule, which Is $134,000. basic pay payable to these eraployees is limited to the rate for level V of the Executive Schedule, which is $125,400. according to the Nurse Schedule in 38 U.S.C. 4107{b) as in effect on August 14, 1990, with subsequent adjustments. 269
 * This schedule does not apply to the Assistant Under Secretary for Nursing
 * Pursuant to section 7404(d)(1) of title 38, United States Code, the rate of
 * Pursuant to section 7404(d){2) of title 38, United States Code, the rate of
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 EO 13282 Title 3--The President SCHEDULE 4--SENIOR EXECUTIVE SERVICE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2003) ES-1 ............................ $116,500 ES-2 ............................ 122,000 ES-3 ............................ 127,500 ES-4 ............................ 133,800 ES-5 ............................ 134,000 ES-6 ............................ 134,000 SCHEDULE 5--EXECUTIVE SCHEDULE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2003) level I .......................... $171,900 level II .......................... 154,700 level III .......................... 142,500 level IV .......................... 134,000 level V .......................... 125,400 SCHEDULE 6--VICE PRESIDENT AND MEMBERS OF CONGRESS (Effecsive on the first day of the first applicable pay period beginning on or after January 1, 2003) Vice President ....................... $198,600 Senators .......................... 154,700 Members of the House of Representatives ........... 154,700 Delegates to the House of Representatives .......... 154,700 Resident Commissioner from Puerto Rico ........... 154,700 President pro tempore of the Senate ............. 171,900 Majority leader and minority leader of the Senate ...... 171,900 Majority leader and minority leader of the House of Representatives .................... 171,900 Speaker of the House of Representatives ........... 198,600 SCHEDULE 7--JUDICIAL SALARIES (Effective on the first day of the first applicable pay period beginning on or after January 1, 2003) Chief Justice of the United States ............. $192,600 Associate Justices of the Supreme Court ........... 184,400 Circuit Judges ....................... 159,100 District Judges ....................... 150,000 Judges of the Court of International Trade ......... 150,000 270

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 Executive Orders EO 13282 SCHEDULE 8-PAY OF THE UNIFORMED SERVICES (PAGE 3) Part II-RATE OF MONTHLY CADET OR MIDSHIPMAN PAY The rate of monthly cadet or midshipman pay authorized by section 203(c) of title 37, United States Code, is $764.40. Note: As a result of the enactment of sections 602-694 of Public Law 105-85, the NaEional Defense Authorization Act for Fiscal Year 1998, the Secretary of Defense now has the authority to adjust the rates of basic allowances for subsistence and housing. Therefore, these allowances are no longer adjusted by the President in conjunction with the adjustment of basic pay for members of the uniformed services. Accordingly, the tables of allowances Included in previous orders are not included here. 273

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 EO 13282 Title 3--The President SCHEDULE 9--LOCALITY-BASED COMPARABILITY D' (Effective on the first day of the first \177 \177able pay period beginning on or after Janus', 2003) Locality Pay Area \177 Rate Atlanta, GA ....................... 9.74% Boston-Worcester-Lawrence, MA-NH-ME-CT-RI ........ 13.57% Chicago-Gary-Kenosha, IL-IN-WI ............. 14.58% Cincinnati-Hamilton, OH-KY-IN .............. 12.09% Cleveland-Akron, OH ................... 10.33% Co!u\177bus, OH ...................... 10.70% Dallas-Fort Worth, TX .................. 10.90% Dayton-Springfield, OH ................. 9.62% Denver-Boulder-Greeley, CO ............... 13.34% Detroit-A\177nn Arbor-Flint, MI ............... 14.71% Hartford, CT ...................... 14.11% Houston-Galveston.\177Brazoria, TX ............. 18.61% Huntsville, AL ..................... 9.08% Indianapolis, IN .................... 8.85% Kansas City, MO-KS ................... 9.28% Los Angeles-Riverside-Orange County, CA ......... 16.05% Miami-Fort Lauderdale, FL ................ 12.45% Milwaukee-Racine, WI .................. 10.05% Minneapolis-St. Paul, MN-WI ............... 11.S6% New York-Northern New Jersey-Long Island, NY-NJ-CT-PA. . 15.23% Orlando, FL ....................... 8.67% Philadelphia-Wilmington-Atlantic City, PA\177NJ-DE-MD. . . 12.11% Pittsburgh, PA ..................... 9.52% Portland-Salem, OR-WA .................. 11.64% Richmond-Petersburg, VA ................. 9.67% Sacramento-Yolo, CA ................... 11.99% St. Louis, MO-IL .................... 8.98% San Diego, CA ...................... 12.70% San Francisco-Oakland-San Jose, CA ........... 19.04% Seattle-Tacoma-Bremerton, WA .............. 11.77% Washington-Baltimore, DC-MD-VA-WV ............ 11.48% Rest of U.S ....................... 8.64% SCHEDULE 10-ADMINISTRATIVE LAW JUDGES (Effective on the first day of the first applicable pay period beginning on or after January 1, 2003) AL-3/A ........................... $ 89,200 AL-3/B ........................... 96,000 AL-3/C ........................... 102,900 AL-3/D ........................... 109,800 AL-3/E ........................... 116,600 AL-3/F ........................... 123,400 AL-2 ............................ 130,400 AL-t ............................ 134,000 \177Locality Pay Areas are defined in 5 CFR 531.603. 274

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 OTHER PRESIDENTIAL DOCUMENTS P\177ge Subchapter A--[Reserved] Subchapter B--Administrative Orders ................................................. 275 Subchapter C--Reorganization Plans ................................................... [None] Subchapter D--Designations ................................................................ [None] Appendix A--List of Messages to Congress Transmitting Budget Rescissions and Deferrals ................................................................. 339 Appendix B--List of Presidential Determinations .............................. 339 Appendix C--List of Final Rule Documents ....................................... 339 Subchapter B--Administrative Orders Notice of }anuary 3, 2002 Continuation of Libya Emergency On January 7, 1986, by Executive Order 12543, President Reagan declared a national emergency to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions and policies of the Government of Libya. On January 8, \177986, by Executive Order \1772544, the President took additional measures to block Libyan assets in the United States. The President has transmitted a notice continuing this emergency to the Congress and the Federal Register every year since \177986. The crisis between the United States and Libya that led to the declaration of a national emergency on January 7, \177986, has not been resolved. Despite the United Nations Security Council's suspension of U.N. sanctions against Libya upon the Libyan government's hand over of the Pan Am 103 bomb- ing suspects, Libya has not yet complied with its obligations under U.N. Security Council Resolutions 73\177 (\177992), 748 (\177992), and 883 (\177993), which include Libya's obligation to accept responsibility for the actions of its offi- cials and pay compensation. 275

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 Title 3--The President Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to Libya. This notice shall be published in the Federal Reg- ister and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, January 3, 2002. Notice of January 15, 2002 Continuation of the National Emergency With Respect to Sierra Leone and Liberia On January 18, 2001, by Executive Order 13194, the President declared a national emergency with respect to Sierra Leone pursuant to the Inter- national Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the foreign policy of the United States constituted by the actions and policies of the insurgent Revo- lutionary United Front (RUF) in Sierra Leone and pursuant to which the United States imposed a general ban on the direct and indirect importation of all rough diamonds from Sierra Leone to the United States, except those imports controlled through the Certificate of Origin regime of the Govern- ment of Sierra Leone. On May 22, 2001, I issued Executive Order 13213, which expanded the scope of the national emergency to include actions of the Government of Liberia in support of the RUF and prohibited the impor- tation of all rough diamonds from Liberia. Because the actions and policies of the RUF continue to pose an unusual and extraordinary threat to the foreign policy of the United States, the na- tional emergency declared on January 18, 2001, as expanded on May 22, 2001, and the measures adopted on those dates to deal with that emergency must continue in effect beyond January 18, 2002. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for i year the national emergency with respect to Sierra Leone and Liberia. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, Junuuzy 15, 2002. 276

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 Other Presidential Documents Notice of January 18, 2002 Continuation of the National Emergency With Respect to Terrorists who Threaten To Disrupt the Middle East Peace Process On January 23, 1995, by Executive Order 12947, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraor- dinary threat to the national security, foreign policy, and economy of the United States posed by grave acts of violence committed by foreign terror- ists who threaten to disrupt the Middle East peace process. On August 20, 1998, by Executive Order 13099, the President identified four additional persons, including Usama bin Laden, who threaten to disrupt the Middle East peace process. Because these terrorist activities continue to threaten the Middle East peace process and continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the na- tional emergency declared on January 23, 1995, as expanded on August 20, 1998, and the measures adopted on those dates to deal with that emer- gency, must continue in effect beyond January 23, 2002. Therefore, in ac- cordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for i year the national emergency with respect to foreign terrorists who threaten to disrupt the Middle East peace process. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, January 18, 2002. Presidential Determination No. 2002-06 of January 25, 2002 Waiver of Section 907 of the FREEDOM Support Act With Respect to Assistance to the Government of Azerbaijan Memorandum for the Secretary of State Pursuant to the authority contained in Title II of the "Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropria- tions Act, 2002" (Public Law 107-115), I hereby determine and certify that a waiver of section 907 of the FREEDOM Support Act of 1992 (Public Law \17702-5\177): \337 is necessary to support U.S. efforts to counter international terrorism; \337 is necessary to support the operational readiness of U.S. Armed Forces or coalition partners to counter international terrorism; \337 is important to Azerbaijan's border security; and 277

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 Title 3--The President \337 will not undermine or hamper ongoing efforts to negotiate a peaceful settlement between Armenia and Azerbaijan or be used for offensive pur- poses against Armenia. Accordingly, I hereby waive section 907 of the FREEDOM Support Act. You are authorized and directed to notify the Congress of this determina- tion and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, January 25, 2002. Memorandum of February 1, 2002 Report to the Congress Regarding Conditions in Burma and U.S. Policy Toward Burma Memorandum for the Secretary of State Pursuant to the requirements set forth under the heading "Policy Toward Burma" in section 570(d) of the Fiscal Year 1997 Foreign Operations Ap- propriations Act, as contained in the Omnibus Consolidated Appropria- tions Act (Public Law 104-208), a report is required every 6 months fol- lowing enactment concerning: \177) progress toward democratization in Burma; 2) progress on improving the quality of life of the Burmese people, in- cluding progress on market reforms, living standards, labor standards, use of forced labor in the tourism industry, and environmental quality; and 3) progress made in developing a comprehensive, multilateral strategy to bring democracy to and improve human rights practices and the quality of life in Burma, including the development of a dialogue between the State Peace and Development Council and democratic opposition groups in Burma. You are hereby authorized and directed to transmit the attached report ful- filling these requirements to the appropriate committees of the Congress and to arrange for publication of this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, Feb\177my 1, 2002. 278

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 Other Presidential Documents Presidential Determination No. 2002-07 of February 23, 2002 President's Report to Congress on Major Drug Transit or Major Illicit Drug Producing Countries under the FY 2002 Modification to the Annual Drug Certification Procedures Memorandum for the Secretary of State This report is submitted under section 59] of the Kenneth H. Ludden For- eign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (P.L. ]07-]]5) (the "FY 2002 FOAA"). Pursuant to section 59] of the FY 2002 FOAA, I hereby identify the following countries as major drug-transit or major illicit drug producing countries: Afghanistan, The Ba- hamas, Bolivia, Brazil, Burma, China, Colombia, Dominican Republic, Ec- uador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Nigeria, Pakistan, Panama, Paraguay, Peru, Thailand, Venezuela, and Vietnam. I previously identified these same countries as major drug-transit or major illicit drug producing countries on November ], 200], pursuant to section 490(h) of the Foreign Assistance Act of ]96], as amended (the "FAA"). Pursuant to section 59] of the FY 2002 FOAA, I hereby designate Afghani- stan, Burma and Haiti as countries that failed demonstrably, during the pre- vious ]2 months, to adhere to their obligations under international counter- narcotics agreements and to take the counternarcotics measures set forth in section 489(a) (]) of the FAA. I have attached a justification for each of the countries so designated, as required by section 59]. Pursuant to section 59](3), I hereby also determine that provision of United States assistance to Afghanistan and Haiti in FY 2002 under the FY 2002 FOAA is vital to the national interests of the United States. You are hereby authorized and directed to transmit this report to the Con- gress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, Feb\177my 23, 2002. STATEMENT OF EXPLANATION Afghanistan Afghanistan has failed demonstrably during the previous ]2 months to make significant efforts to adhere to its obligations under international counternarcotics agreements and to take the counternarcotics measures set forth in section 489(a)(]) of the Foreign Assistance Act of ]96], as amend- ed. Provision of United States assistance to Afghanistan in Fiscal Year 2002 under the Kenneth M. Ludden Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (P.L. ]07-]]5) is vital to the national interests of the United States. After the Tallban began enforcing a ban on the cultivation of opium poppy in September 2000, the total production of opium in Afghanistan dropped 279

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 Title 3--The President by 94 percent, thereby reducing the global annual supply by nearly 75 per- cent. Although the Tallban successfully prevented cultivation, opium traf- ficking and heroin processing continued unabated through 200% indicating the existence of large stockpiles of opium in the region used to control the opium market. At no point did the Tallban take any steps to adhere to its international obligations to interrupt opium trafficking or trade. In addition, cultivation and opium production increased in former Northern Alliance territory of Afghanistan. Drug traffickers in Afghanistan have switched alle- giances from the Tallban to local commanders and warlords and available information indicates that poppy cultivation has resumed in several areas of Afghanistan since last fall. Although the new Afghan Interim Authority led by Hamid Karzai has made a commitment to fight the production and trafficking of drugs in Afghani- stan consistent with the Bonn Agreement of December 200% it will take several months and significant assistance from the international community before the Interim Authority can take concrete measures to eradicate poppy and counter drug trafficking in Afghanistan. In the coming months, I will continue to monitor the Interim Authority's counternarcotics efforts close- ly. In the meantime, it is in the vital national interest of the United States to provide the full range of U.S. assistance to support the reconstruction of Afghanistan. Afghanistan poppy farmers must have viable alternatives to poppy cultivation that provide a sustainable income. The Afghan Interim Authority will need to establish rule of law and a basic law enforcement capacity at the local and regional level for its counternarcotics strategy to succeed. More broadly, although the United States' military campaign in Afghanistan has been successful, it is essential to ensure that Afghanistan does not again become a haven for terrorists. Stabilizing Afghanistan by providing various forms of assistance, including economic and military as- sistance in addition to counternarcotics, anti-crime, and humanitarian as- sistance is essential. STATEMENT OF EXPLANATION Burma Burma has failed demonstrably during the last \1772 months to make substan- tial efforts to adhere to its obligations under international counternarcotics agreements and to take the counternarcotics measures set forth in section 489(a)(\177) of the Foreign Assistance Act of \17796\177, as amended. With the ban on opium production in Afghanistan imposed by the Tallban in 200% Burma returned to its position as the world's largest producer of illicit opium. Burma is also the primary source of methamphetamines trafficked throughout Southeast Asia and has done little to stop the production of an estimated 800 million tablets annually and trafficking of these drugs. Burma has taken some useful counternarcotics measures in the last year, but these measures are too limited in duration and scope to constitute a substantial effort to meet the standards set forth under U.S. law. Burma's \177993 Narcotic Drugs and Psychotropic Substances Law conforms to the \177988 UN Drug Convention and contains useful legal tools for ad- dressing money laundering, seizing drug-related assets, and prosecuting drug conspiracy cases, but the Government of Burma (GOB) has been slow to implement the law. Burma has not enforced its existing money-laun- dering laws. In 200% Burma was placed on the Financial Action Task 280

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 Other Presidential Documents Force's List of Non-Cooperating Countries and Territories. To its credit Burma responded by drafting new anti-money-laundering legislation, but its passage has been delayed until sometime in 2002. In 200% the GOB took stronger, more aggressive law-enforcement actions against some ethnic groups, notably the Kokang Chinese, engaged in drug production and trafficking and considerably improved counternarcotics co- operation with China and Thailand. In areas controlled by the United Wa State Army (the principal drug-producing and drug-trafficking organization in Burma) the government has been very cautious, only slowly expanding its administrative presence, but not yet attempting any aggressive law-en- forcement operations comparable to those it has staged elsewhere. Al- though unwilling to risk confronting the Wa, a potent organization with a well-manned and well-trained military force, the GOB did take the modest steps of establishing a police presence in the Wa territories in 2001 and, in December 200% opening its first military intelligence office in the Wa territories. Seizures of opium in 200\177 modestly exceeded the amounts seized last year, but seizures of heroin declined for the fourth straight year. Burmese law- enforcement agencies seized approximately %629 kilograms of raw opium and 98 kilograms of heroin during 200\177. Heroin seized in 2000 totaled 159 kilograms compared to 273 kilograms in \177999 and 404 kilograms in \177998. The GOB has not yet taken effective action against methamphetamine pro- duction and trafficking. Considering that an estimated 800 million meth- amphetamine tablets are produced in Burma each year, the amounts seized in each of the past two years represent only small fraction of the total pro- duced and have no real effect on the overall scope of the problem. In 200% Burma seized 32.4 million methamphetamine pills, compared to 26.7 mil- lion pills seized during 2000. The GOB continued to refuse to transfer to U.S. custody drug lord Chang Qifu (Khun Sa), who resides in Rangoon, on grounds that he had not vio- lated his \177996 surrender agreement. The 1988 UN Drug Convention obli- gates parties, including Burma, to prosecute such traffickers. While recognizing that Burma has intensified its counternarcotics efforts in 200% particularly during the second half of the year, those efforts must be sustained and expanded, if they are to have a significant impact on the overall scope of the production and trafficking problem. Burma has not yet curbed involvement in illicit narcotics perpetrated by the largest, most powerful and most important trafficking organization within its borders, the United Wa State Army. On balance, the United States Government remains concerned that the GOB's efforts are not commensurate with the extent of Burma's illicit drug problem and believes that Burma has failed demonstrably to make substan- tial efforts to adhere to its obligations under international counternarcotics agreements and to take the counternarcotics measures set forth in section 489(a)(\177) of the Foreign Assistance Act. Large-scale poppy cultivation and opium production continue and enormous quantities of methamphetamines are produced in and trafficked from Burma, having serious adverse effects on neighboring countries and throughout the region. Its toleration of money laundering, its unwillingness to implement fully its counterdrug laws, and its failure to transfer notorious trafficker Chang Qifu (Khun Sa) under in- dictment in the United States are all serious concerns. 281

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 Title 3--The President Although the GOt\177's actions in 200% particularly in cooperation with China and Thailand, demonstrated a new commitment to effective counter- narcotics measures; the GOB has failed to enforce its narcotics laws, to eradicate systematically all forms of illicit drugs, including methamphetamines, and to address meaningfully the growing problem of drug abuse and HIV/AIDS. The GOB must aggressively pursue drug traffickers, including the most prominent trafficking groups and organizations, most particularly the United Wa State Army. The GOB should continue and expand its coopera- tion with other countries in the region, particularly those most seriously af- fected by drugs trafficked from Burma. Although t\177urma's counternarcotics record in 2001 is noticeably improved over that of prior years, its efforts need to be sustained, expanded, and intensified over the next year. STATEMENT OF EXPLANATION Haiti Haiti has failed demonstrably during the last \1772 months to make substantial efforts to adhere to its obligations under international counternarcotics agreements and to take the counternarcotics measures set forth in section 489(a)(1) of the Foreign Assistance Act of 196% as amended. However, it is in the vital national interests of the United States to continue to provide assistance to the Government of Haiti (GOH) under the Kenneth M. Ludden, Foreign Operations, Export Financing, and Related Programs Act, 2002 (P.L. 107-115). Haiti remains a significant transshipment point for drugs, primarily cocaine, moving through the Caribbean from South Amer- ica to the United States. Although tactical cooperation by the GOH modestly improved, Haiti's over- all counterdrug commitment remined weak, in part due to political insta- bility and low levels of assistance. Such instability coupled with economic degradation has led to an increase in criminal and political violence and compromised internal security. Aristide has attempted to shore up his per- sonal and political security by politicizing the police. Continued politicization of the Haitian National Police, in contravention to one of President Aristide's commitments to the United States Government, bodes ill for an effective counternarcotics effort. Amid political and economic instability and in spite of limited resources, the GOH made some efforts to cooperate with counternarcotics initiatives. Due largely to the efforts of the Haitian Minister of }ustice, the GOH made efforts to curb corruption in the iudiciary, ioined the Caribbean Financial Action Task Force (CFATF), and formed a Financial Intelligence Unit to combat money laundering. The GOH also, with the assistance of U.S. law enforcement, increased the amount of cocaine seized in 2001 over that seized in 2000. The GOH honored all United States Government requests for expulsion and extradition in 200\177 by expelling two non-Haitian drug traffickers. The GOH cooperated with U.S. and DominicJan Republic law enforcement by participating in a two-week counternarcotics operation and maintaining subsequent contact with U.S. and Dominican anti-drug units. Finally, the GOH honored the terms of a Bilateral Maritime Counter- narcotics Interdiction Agreement pending formal official acceptance by the GOH since 1997. 282

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 Other Presidential Documents However, Haiti failed to take many other significant counterdrug actions. These actions can be categorized into the areas of anti-corruption, anti- money laundering, law enforcement, prosecution, and international co- operation: the GOH did not deposit an instrument of ratification of the OAS Inter-American Convention Against Corruption; introduce anti-corrup- tion legislation; prosecute drug-related public (including police) corruption; put into force the anti-money laundering law passed in January 2001; en- force existing anti-money laundering guidelines issued by the Central Bank; require cross-border currency declarations and provide penalties for non- compliance; increase the number of arrests of maior traffickers; increase the size of the antidrug squad (BLTS) to 75 officers; establish a permanent BLTS office outside Port au Prince; take steps to ensure the integrity of the BLTS; provide training to iudges, prosecutors, and law enforcement offi- cials; waive Haiti's primary right to exercise prosecutorial iurisdiction over non-Haitian flag vessels interdicted by the U.S. Coast Guard in Haitian wa- ters; or put into force the 1997 U.S.-Haiti Bilateral Maritime Counter- narcotics Interdiction Agreement. The GOH did not sign a counterdrug Let- ter of Agreement with the United States Government. Despite Haiti's demonstrable failure on counternarcotics issues, U.S. vital national interests require that U.S. assistance to Haiti continue. Because Haiti is the hemisphere's poorest country, there is need for continued as- sistance to programs that alleviate hunger, increase access to education, combat environmental degradation, fight the spread of HIV/AIDS, and fos- ter the development of civil society. These programs create an environment conductive to building democracy and reducing illegal migration. They also address the root causes of poverty and hopelessness in Haiti, which are im- portant contributing factors behind Haitian involvement in the drug trade. Additionally, suspension of assistance to Haiti would result in the further deterioration of Haitian institutions essential to combat increasing crimi- nality. Notice of February 26, 2002 Continuation of the National Emer\365ency Relatin\365 to Cuba and of the Emer\365ency Authority Relatin\365 to the Re\365ulation of the Anchora\365e and Movement of Vessels On March \177, \177996, by Proclamation 6867, President Clinton declared a na- tional emergency to address the disturbance or threatened disturbance of international relations caused by the February 24, \177996, destruction by the Government of Cuba of two unarmed U.S.-registered civilian aircraft in international airspace north of Cuba. In July \177996 and on subsequent occa- sions, the Government of Cuba stated its intent to forcefully defend its sov- ereignty against any U.S.-registered vessels or aircraft that might enter Cuban territorial waters or airspace while involved in a flotilla and peace- ful protest. Since these events, the Government of Cuba has not dem- onstrated that it will refrain from the future use of reckless and excessive force against U.S. vessels or aircraft that may engage in memorial activities or peaceful protest north of Cuba. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am con- 283

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 Title 3--The President tinuing the natlena] emergency with respect to Cuba and the emergency au- thority relating to the regulation of the anchorage and movement of vessels set out in Proclamation 6867. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, Februa\177 26, 2002. Presidential Determination No. 2002-08 of March 4, 2002 Determination Pursuant to Section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, (Public Law 107-115) Memorandum for the Secretary of State Pursuant to section 523 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, (Public Law 107-115), I hereby certify that withholding from international financial institutions and other international organizations and programs funds appropriated or otherwise made available pursuant to that Act is contrary to the national interest. You are authorized and directed to publish this determination in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, March 4, 2002. Memorandum of March 5, 2002 Action Under Section 203 of the Trade Act of 1974 Concerning Certain Steel Products Memorandum for the Secretary of the Treasury(,] the Secretary of Commerce[, and the] United States Trade Representative On December 19, 2001, the United States International Trade Commission (ITC) submitted a report to me that contained determinations pursuant to section 202 of the Trade Act of 1974, as amended (the "Trade Act"), that (a) certain carbon fiat rolled steel, including carbon and alloy steel slabs, plate (including cut-to-length plate and clad plate), hot-rolled steel (includ- ing plate in coils), cold-rolled steel (other than grain-oriented electrical steel), and corrosion-resistant and other coated steel (collectively, "certain fiat steel"); (b) carbon and alloy hot-rolled bar and light shapes ("hot-rolled bar"); (c) carbon and alloy cold-finished bar ("cold-finished bar"); (d) car- bon and alloy rebar ("rebar"); (e) carbon and alloy welded tubular products (other than oil country tubular goods) ("certain tubular products"); (f) car- 284

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 Other Presidential Documents bon and alloy flanges, fittings, and tool joints ("carbon and alloy fittings"); (g) stainless steel bar and light shapes ("stainless steel bar"); and (h) stain- less steel rod are being imported into the United States in such increased quantities as to be a substantial cause of serious injury, or the threat there- of, to the domestic industries producing like or directly competitive arti- cles. The ITC commissioners were equally divided with respect to the de- termination required under section 202(b) regarding whether (i) carbon and alloy tin mill products ("tin mill products"); (j) stainless steel wire; (k) tool steel, all forms; and (1) stainless steel flanges and fittings ("stainless steel fittings") are being imported into the United States in such increased quan- tities as to be a substantial cause of serious injury, or threat of serious in- jury, to the domestic industries producing like or directly competitive arti- cles. The ITC provided detailed definitions of the products included in cat- egories (a) through (1) and their corresponding subheadings under the Har- monized Tariff Schedule of the United States (HTS) in Appendix A to its determination, set out at 66 Fed. Beg. 67304, 67308-67311 (December 28, 2001}. The report of the ITC also contained findings pursuant to section 31l(a) of the North American Free Trade Agreement Implementation Act (the "NAFTA Implementation Act") as to whether imports from Canada and Mexico, considered individually, account for a substantial share of total im- ports and contribute importantly to the serious injury, or threat thereof, caused by imports. The ITC made negative findings with respect to imports from Canada of certain fiat steel, tin mill products, rebar, stainless steel rod, and stainless steel wire; and also made negative findings with respect to imports from Mexico of tin mill products, hot-rolled bar, cold-finished bar, rebar, certain tubular products, stainless steel bar, stainless steel rod, and stainless steel wire. The ITC made affirmative findings with respect to imports from Canada of hot-rolled bar, cold-finished bar, carbon and alloy fittings, and stainless steel bar; and also made affirmative findings with re- spect to imports from Mexico of certain fiat steel, and carbon and alloy steel fittings. The ITC commissioners were equally divided with respect to imports from Canada of certain tubular products. By February 4, 2002, the ITC provided additional information in response to a request under section 203(a)(5) of the Trade Act ("supplemental report") made by the United States Trade Representative (the "USTR") on January 3, 2002. Having considered the determinations of both groups of commissioners with regard to tin mill products, tool steel, stainless steel wire, and stain- less steel fittings, I have determined, pursuant to section 330(d)(\177) of the Tariff Act of \177930, as amended, to consider the determinations of the groups of commissioners voting in the affirmative with regard to tin mill products and stainless steel wire to be the determination of the ITC, and the determinations of the groups of commissioners voting in the negative with regard to tool steel and stainless steel fittings to be the determination of the ITC. By Proclamation signed today (the "Proclamation") and after considering all relevant aspects of the investigation, including the factors set forth in section 203(a)(2) of the Trade Act and the supplemental report, I have im- plemented actions of a type described in section 203(a)(3). I have deter- mined that the most appropriate actions are safeguard measures in the form of an increase in duties on imports of certain fiat steel, other than slabs (including plate, hot-rolled steel, cold-rolled steel, and coated steel), hot- 285

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 Title 3--The President rolled bar, cold-finished bar, rebar, certain welded tubular products, carbon and alloy fittings, stainless steel bar, stainless steel rod, tin mill products, and stainless steel wire, as defined in paragraph 7 of the Proclamation, and in the form of a tariff rate quota (TRO,) on imports of slabs, with an increase in currently scheduled rates of duties for imports over the TRQ limits. I have implemented these safeguard measures for a period of 3 years plus 1 day. Specifically, I have established the following safeguard measures: (a) certain fiat steel: with regard to slabs, a TRQ of 4.90 million metric tons in the first year of the measure, 5.35 million metric tons in the second year, and 5.81 million metric tons in the third year, with no increase in duties for imports below the within-quota level and an increase in duties of 30% ad valorem for imports above the within-quota level in the first year of the measure, 24% in the second year, and \1778% in the third year; and with re- gard to certain fiat steel, other than slab (including plate, hot-rolled steel, cold-rolled steel and coated steel), an increase in duties of 30% ad valorem in the first year, 24% in the second year, and \1778% in the third year; (b) hot-rolled bar: an increase in duties of 30% ad valorem in the first year of the measure, 24% in the second year, and \1778% in the third year; (c) cold-finished bar: a increase in duties of 30% ad valorem in the first year of the measure, 24% in the second year, and \1778% in the third year; (d) rebar: an increase in duties of 15% ad valorem in the first year of the measure, \1772% in the second year, and 9% in the third year; (e) certain welded tubular products: an increase in duties of \1775% ad valo- rem in the first year of the measure, \1772% in the second year, and 9% in the third year; (f) carbon and alloy fittings: an increase in duties of \1773% ad valorem in the first year of the measure, 10% in the second year, and 7% in the third year; (g) stainless steel bar: an increase in duties of \1775% ad valorem in the first year of the measure, \1772% in the second year, and 9% in the third year; (h) stainless steel rod: an increase in duties of \1775% ad valorem in the first year of the measure, \1772% in the second year, and 9% in the third year; (i) tin mill products: an increase in duties of 30% ad valorem in the first year of the measure, 24% in the second year, and 18% in the third year; and (j) stainless steel wire: an increase in duties of 8% ad valorem in the first year of the measure, 7% in the second year, and 6% in the third year. Pursuant to section 3\1772(a) of the NAFTA Implementation Act, after consid- eration of the report and supplemental reports of the ITC, I further deter- mine that imports of certain fiat steel, hot-rolled bar, cold-finished bar, rebar, certain tubular products, carbon and alloy fittings, stainless steel bar, stainless steel rod, tin mill products, and stainless steel wire that are prod- ucts of Canada and Mexico either do not account for a substantial share of total imports of these products, or are not contributing importantly to serious injury or the threat of serious injury. Therefore, pursuant to section 3\1772(b) of the NAFTA Implementation Act, the safeguard measure will not apply to imports of certain fiat steel, hot-rolled bar, cold-finished bar, rebar, 286

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 Other Presidential Documents certain tubular products, carbon and alloy fittings, stainless steel bar, stain- less steel rod, tin mill products, and stainless steel wire that are the prod- uct of Canada or Mexico. Similarly, the safeguard measures will not apply to imports of these products that are the product of Israel or }ordan. The safeguard measures also will not apply to imports of certain fiat steel, tin mill products, hot-rolled bar, cold-finished bar, rebar, certain tubular products, carbon and alloy fittings, stainless steel bar, stainless steel rod, or stainless steel wire that are the product of a developing country that is a member of the World Trade Organization (WTO), as long as that country's share of imports into the United States of the product, based on a recent representative period, does not exceed 3 percent, provided that all such de- veloping country WTO members collectively account for not more than 9 percent of total imports of that product. For purposes of the safeguard measures established under the Proclamation, I determine that the bene- ficiary countries under the Generalized System of Preferences are devel- oping countries. Subdivision (d)(i) of U.S. Note ll to subchapter III of chapter 99 of the Harmonized Tariff Schedule of the United States (Note l\177) in the Annex to the Proclamation identifies those developing countries that are WTO members, and subdivision (d)(ii) identifies the products of such countries to which the safeguard measures shall not apply. I instruct the USTR to review data on imports of products listed in para- graph 7 of the Proclamation from countries listed in subdivision (d)(i) of Note \177 on a quarterly basis. If imports of such a product from such a country increase by a material amount, I instruct the USTR to initiate con- sultations with the country regarding the circumstances under which the increase occurred and whether the country plans to take action to reduce imports to historical levels. If, on the basis of the information exchanged during consultations, data on imports, domestic steel demand, growth in the U.S. economy, shifts in other countries' trade patterns, and any other relevant factors, the USTR determines that the increase in imports of such product from such country undermines the effectiveness of the pertinent safeguard measure, he is authorized, upon publication of a notice of such determination in the Federal Register, to modify subdivision (d)(ii) of Note \177l in the Annex to the Proclamation to include such product from such country. I also authorize the USTR, upon publication of a notice in the Federal Register, to change the list of developing countries to which the safeguard measures do not apply. The steel products listed in clauses (i) through (ix) of subdivision (b) of Note \177 in the Annex to the Proclamation were excluded from the deter- minations of the ITC described in paragraph 2 of that Proclamation, and are excluded from these safeguard measures. I have also determined to ex- clude from these safeguard measures the steel products listed in the subse- quent clauses of subdivision (b) of Note \177 in the Annex to the Proclama- tion. The Trade Policy Staff Committee (TPSC) is currently evaluating re- quests, submitted in response to 66 Fed. Beg. 5432% 54322-54323 (October 26, 200\177), that particular products be excluded from any safeguard measure with regard to certain steel products. I instruct the USTR to determine whether these particular products should be excluded and, if so, within \17720 days of the date of the Proclamation, to publish in the Federal Register a notice to modify subchapter III of chapter 99 to exclude them from the safeguard measures. In making this determination, the USTR shall consider any advice rendered by the TPSC. 287

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 Title 3--The President Similarly, I instruct the USTR, after receiving advice from the TPSC, to de- termine whether any particular products should be added to the list of those excluded from the safeguard measures and, if so, to publish a notice in the Federal Register in March of any year in which he receives such a recommendation to modify subchapter III of chapter 99 to exclude such particular products from the measures. I further instruct the USTR, no later than 90 days from today, to publish in the Federal Register a notice of the procedures by which interested persons may request the TPSC to rec- ommend whether to exclude a particular product. I also instruct the USTR, prior to the effective date of the safeguard meas- ures established in the Proclamation, to conduct consultations under Arti- cle 12.3 of the Agreement on Safeguards with any WTO member having a substantial interest as an exporter of a product subiect to such safeguard measures, provided that the WTO member requests such consultations in a timely fashion. I instruct the USTR to report to me on the results of such consultations. I instruct the Secretary of the Treasury, pursuant to section 505(a) of the Tariff Act of 1930 (\1779 U.S.C. \177505(a)), to prescribe by regula- tion a date no later than 45 days after today at which estimated duties for merchandise entered, or withdrawn from warehouse for consumption, on or after \1772:0\177 a.m., EST, March 20, 2002, and up to the 30th day after today, shall be deposited. I instruct the Secretary of the Treasury and the Secretary of Commerce to establish a system of import licensing to facilitate the monitoring of im- ports of certain steel products. Pursuant to the authority granted me by sec- tion 203(g) of the Trade Act to provide for the efficient and fair administra- tion of all actions taken for the purpose of providing import relief under section 203, I further instruct the Secretary of Commerce, within 120 days of the effective date of the safeguard measures established by the Proclama- tion, to publish regulations in the Federal Register establishing such a sys- tem of import licensing. I have determined that the safeguard measures will facilitate efforts by the domestic industries to make a positive adiustment to import competition and will provide greater economic and social benefits than costs. If I deter- mine that further action is appropriate and feasible to facilitate efforts by the pertinent domestic industry to make a positive adiustment to import competition and to provide greater economic and social benefits than costs, or if I determine that the conditions under section 204(b)(\177) of the Trade Act are met, I shall reduce, modify, or terminate the safeguard measures. In making this determination, I shall consider the pertinent factors set out in section 203(a)(2) of the Trade Act and, in particular, changes in capital and labor productivity in the domestic industries; actual and planned per- manent closures of inefficient steel production facilities in the United States and in other countries; consolidation of United States steel pro- ducers; capital expenditures in the domestic industries; prices for certain steel products in the United States; and the overall effect that maintaining the measure will have on consuming industries, workers, and the United States economy as a whole. 288

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 Other Presidential Documents The United States Trade Representative is authorized and directed to pub- lish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, March 5, 2002. Presidential Determination No. 2002-09 of March 12, 2002 Eligibility of Palau, Kiribati, and Tuvalu to Receive Defense Articles and Services Under the Foreign Assistance Act and the Arms Export Control Act Memorandum for the Secretary of State Pursuant to the authority vested in me by section 503(a) of the Foreign As- sistance Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control Act, I hereby find that the furnishing of defense articles and serv- ices to the Governments of Palau, Kiribati, and Tuvalu will strengthen the security of the United States and promote world peace. You are authorized and directed to report this finding to the Congress and to publish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, March 12, 2002. Notice of March 13, 2002 Continuation of the National Emergency with Respect to Iran On March \1775, \177995, by Executive Order \1772957, the President declared a na- tional emergency with respect to Iran pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. \177701-\177706) to deal with the un- usual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions and policies of the Government of Iran, including its support for international terrorism, ef- forts to undermine the Middle East peace process, and acquisition of weap- ons of mass destruction and the means to deliver them. On May 6, \177995, the President issued Executive Order \1772959 imposing more comprehensive sanctions to further respond to this threat, and on August \1779, 1997, the President issued Executive Order \1773059 consolidating and clarifying the previous orders. Because the actions and policies of the Government of Iran continue to pose an unusual and extraordinary threat to the national security, foreign policy, and economy of the United States, the national emergency declared 289

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 Title 3--The President on March 15, 1995, must continue in effect beyond March \1775, 2002. There- fore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for \177 year the national emergency with re- spect to Iran. Because the emergency declared by Executive Order \1772957 constitutes an emergency separate from that declared on November 14, \177979, by Executive Order \1772\17770, this renewal is distinct from the emer- gency renewal of November 200% This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, March 13, 2002. Presidential Determination No. 2002-10 of March 14, 2002 Designation of Bahrain as a Major Non-NATO Ally Memorandum for the Secreta\177:y of State Pursuant to the authority vested in me, by section 517 of the Foreign As- sistance Act of \17796% as amended (the "Act"), I hereby designate the King- dom of Bahrain as a major non-NATO ally of the United States for the pur- poses of the Act and the Arms Export Control Act. You are authorized and directed to publish this determination in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, March 14, 2002. Presidential Determination No. 2002-11 of March 20, 2002 Cooperation by Vietnam in Accounting for United States Prisoners of War and Missing in Action Memorandum for the Secreta\177:y of State As provided in section 6\1770 of the Departments of Commerce, ]ustico, and State, the ]udiciary and Related Agencies Appropriations Act, 2002, Public Law \17707-77, and laws referenced therein, I hereby determine, based on all information available to the United States Government, that the Govern- ment of the Socialist Republic of Vietnam is fully cooperating in good faith with the United States in the following four areas related to achieving the fullest possible accounting for Americans unaccounted for as a result of the Vietnam War: l) resolving discrepancy cases, live sightings, and field activities; 2) recovering and repatriating American remains; 3) accelerating efforts to provide documents that will help lead to the fullest possible accounting of prisoners of war and missing in action (POW/MIAs); and 290

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 Other Presidential Documents 4) providing further assistance in implementing trilateral investiga- tions with Laos. I further determine that the appropriate laboratories associated with POW/ MIA accounting are thoroughly analyzing remains, material, and other in- formation and fulfilling their responsibilities as set forth in subsection (B) of section 609 of the Departments of Commerce, Justice, and State, the Judi- ciary, and Related Agencies Appropriations Act, 1999, which is incor- porated by reference in section 610. The Department of Justice has advised that section 6\1770 is unconstitutional because it purports to use a condition on appropriations as a means to di- rect my execution of responsibilities that the Constitution commits exclu- sively to the President. I am providing this determination as a matter of comity, while reserving the position that the condition enacted in section 6\1770 is unconstitutional. In making this determination, I have taken into account all information available to the United States Government as reported to me, the full range of ongoing accounting activities in Vietnam, including joint and unilateral Vietnamese efforts, and the concrete results we have attained as a result. As we look to further strengthen cooperation, Vietnam's unilateral provi- sion of POW/MIA-related documents and records should be improved, fo- cused initially on archival data pertaining to Americans captured, missing, or killed in areas of Laos and Cambodia under wartime Vietnamese control. Vietnam should also focus greater attention on locating and providing in- formation on discrepancy cases, with priority on those last known alive in captivity or in immediate proximity to capture, and to locating and repa- triating the remains of those who died while in Vietnamese control that have not yet been returned. Finally, in making this determination, I wish to reaffirm my continuing personal commitment to the entire POW/MIA community, especially to the immediate families, relatives, friends, and supporters of these brave indi- viduals, and to reconfirm that achieving the fullest possible accounting of our prisoners of war and missing in action remains one of the most impor- tant priorities in our relations with Vietnam. You are authorized and directed to report this determination to the appro- priate committees of the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, March 20, 2002. 291

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 Title 3--The President Presidential Determination No. 2002-12 of April 1, 2002 U.S. Contribution to the Korean Peninsula Energy Development Organization (KEDO): Determination Regarding Funds Under the Heading "Nonproliferation, Anti-terrorism, Demining and Related Programs" in Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115) Memorandum for the Secretary of State Pursuant to the authority vested in me by section 565(c) of the Foreign Op- erations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115) (the "Act"), I hereby determine that it is vital to the national security interests of the United States to furnish up to $95 million in funds made available under the heading "Nonproliferation, Anti-ter- rorism, Domining and Related Programs" of that Act, for assistance to KEDO, and, therefore, I hereby waive the requirement in section 565(b) to certify that: (1) The parties to the Agreed Framework have taken and continue to take demonstrable stops to implement the Joint Declaration on Donucloarization of the Korean Peninsula; (2) North Korea is complying with all provisions of the Agreed Frame- work; and (3) The United States is continuing to make significant progress on elimi- nating the North Korean ballistic missrio threat, including further missile tests and its ballistic missile exports. You are hereby authorized and directed to report this determination and the accompanying Memorandum of Justification to the Congress, and to range for publication of this determination in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 1, 2002. Presidential Determination No. 2002-13 of April 12, 2002 Determination Pursuant to Section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as Amended Memorandum for the Secretary of State Pursuant to section (2)(c)(\177) of the Migration and Refugee Assistance Act of 1962, as amended, 22 U.S.C. 2601(c)(1), I hereby determine that it is im- portant to the national interest that up to $20 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund for a con- tribution to the United Nations Relief and Works Agency for Palestine Ref- ugees in the Near East (UNRWA) to meet unexpected urgent refugee needs due to the crisis in the West Bank and Gaza. 292

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 Other Presidential Documents You are authorized and directed to inform the appropriate committees of the Congress of this determination and the obligation of funds under this authority, and to arrange for the publication of this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 12, 2002. Presidential Determination No. 2002-14 of April 16, 2002 Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization Memorandum for the Secretary of State Pursuant to the authority vested in me under section 534(d) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002, Public Law 107-115, I hereby determine and certify that it is impor- tant to the national security interests of the United States to waive the pro- visions of section 1003 of the Anti-Terrorism Act of \177987, Public Law \17700- 204. This waiver shall be effective for a period of 6 months from the date hereof. You are hereby authorized and directed to transmit this determination to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 16, 2002. Presidential Determination No. 2002-15 of April 18, 2002 Eligibility of Armenia, Azerbaijan, and Tajikistan to Receive Defense Articles and Services under the Foreign Assistance Act and the Arms Export Control Act Memorandum for the Secretary of State Pursuant to the authority vested in me by section 503(a) of the Foreign As- sistance Act of \17796\177, as amended, and section 3(a)(1) of the Arms Export Control Act, I hereby find that the furnishing of defense articles and se\177w- ices to the Governments of Armenia, Azerbaijan, and Tajikistan will strengthen the security of the United States and promote world peace. You are hereby authorized and directed to report this determination to the Congress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 18, 2002. 293

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 Title 3--The President Presidential Determination No. 2002-16 of April 18, 2002 Determination to Authorize the Furnishing of Emergency Military Assistance to the Government of Nigeria Memorandum for the Secretazy of State, the Secretmy of Defense Pursuant to the authority vested in me by section 506(a)(1) of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2318(a)(1) (the "Act"), I hereby determine that: (1) an unforeseen emergency exists that requires immediate military as- sistance to the Government of Nigeria; and (2) the emergency requirement cannot be met under the authority of the Arms Export Control Act or any other law except section 506(a) of the Act. I therefore direct the drawdown of defense articles and defense services from the Department of Defense, and military education and training, of an aggregate value not to exceed $4 million, to provide assistance to the Gov- ernment of Nigeria. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to arrange for its publication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 18, 2002. Presidential Determination No. 2002-17 of April 24, 2002 Military Drawdown for Georgia Memorandum for the Secretazy of State [and/the Secretazy of Defense Pursuant to the authority vested in me by the Constitution and laws of the United States, including title III (Foreign Military Financing) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2001 (Public Law \17706-429), as amended by title III (Foreign Military Fi- nancing) of the Kenneth M. Luddon Foreign Operations, Export Financing, and Related Programs Appropriations Act, Fiscal Year 2002 (Public Law \17707-\1775), I hereby direct the drawdown of defense articles from the stocks of the Department of Defense, defense services from the Department of De- fense, and military education and training of an aggregate value of $4 mil- lion for Georgia, for the purposes of part II of the Foreign Assistance Act of 196% as amended. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 24, 2002. 294

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 Other Presidential Documents Presidential Determination No. 2002-18 of April 27, 2001 Determination to (1) Waive Section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2002 (Public Law 107-115) and Section 620(q) of the Foreign Assistance Act of 1961, as amended to Provide Assistance to Afghanistan and (2) Authorize a Drawdown Under Section 506(a)(1) of the Foreign Assistance Act of 1961, as Amended, to Provide Emergency Military Assistance to Afghanistan Memorandum for the Secretary of State [and/the Secretary of Defense Pursuant to tho authority vostod in mo by tho Constitution and laws of tho Unitod Statos, including sootion 512 of tho Konnoth M. Luddon Foroign Oporations, Export Financing, and Rolatod Programs Appropriations Act, Fiscal Yoar 2002 (Public Law 107-\1775) (FOAA) and sootions 506(a)(\177) and 620(q) of tho Foroign Assistance Act of \177\3656% as amondod, 22 U.S.C. 23\1778(a)(\177) (FAA), I horoby dotormino that: (\177) assistance to Afghanistan is in tho national intorost of tho Unitod States; and (2) an unforeseen emergency exists that requires immediate military as- sistance to the Government of Afghanistan for purposes of training and equipping the Afghan national armed forces; and the emergency requirement cannot be met under the authority of the Arms Export Control Act or any other law except section 506(a)(\177) of the FAA. Accordingly, I hereby waive section 512 of the FOAA and section 620(q) of the FAA with respect to assistance to Afghanistan. Further, I hereby di- rect the drawdown of up to $2 million of defense articles, services, and training from the inventory and resources of the Department of Defense for military assistance for Afghanistan. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to arrange for its publication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 27, 2001. Order of May 6, 2002 Designation Under Executive Order 12958 In accordance with the provisions of section \177.4 of Executive Order \1772958 of April \1777, \177995, entitled "Classified National Security Information," I hereby designate the Administrator of the Environmental Protection Agen- cy to classify information originally as "Secret." 295

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 Title 3--The President Any delegation of this authority shall be in accordance with section 1.4(c) of Executive Order 12958. This order shall be published in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, May 6, 2002. Notice of May 16, 2002 Continuation of the National Emergency With Respect to Burma On May 20, 1997, the President issued Executive Order 13047, certifying to the Congress under section 570(b) of the Foreign Operations, Export Fi- nancing, and Related Programs Appropriations Act, \177997 (Public Law \17704- 208) that the Government of Burma had committed large-scale repression of the democratic opposition in Burma after September 30, 1996, thereby invoking the prohibition on new investment in Burma by United States persons contained in that section. The President also declared a national emergency to deal with the threat posed to the national security and for- eign policy of the United States by the actions and policies of the Govern- ment of Burma, invoking the authority, inter alia, of the International Emer- gency Economic Powers Act, 50 U.S.C. 1703(c). Because actions and policies of the Government of Burma continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on May 20, 1997, and the measures adopted on that date to deal with that emergency must continue in effect beyond May 20, 2002. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for \177 year the national emergency with respect to Burma. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, May 16, 2002. Notice of May 27, 2002 Continuation of Emergency With Respect to the Federal Republic of Yugoslavia (Serbia and Montenegro) In accordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for 1 year the national emergency declared on May 30, \177992, with respect to the Federal Republic of Yugoslavia (Ser- bia and Montenegro) (the "FRY (S&M)"), as expanded on October 25, 1994, in response to the actions and policies of the Bosnian Serbs. In addition, 296

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 Other Presidential Documents I am continuing for 1 year the national emergency declared on June 9, 1998, with respect to the FRY (S&M)'s policies and actions in Kosovo. This notice shall be published in the Federal Register and transmitted to the Congress. On May 30, \177992, by Executive Order \1772808, President Bush declared a na- tional emergency to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States con- stituted by the actions and policies of the Governments of Serbia and Mon- tenegro. Under this emergency, President Bush first blocked all property and interests in property of the Governments of the FRY (S&M), Serbia, and Montenegro and subsequently prohibited trade and other transactions with the FRY (S&M). On October 25, \177994, President Clinton expanded the scope of the national emergency by issuing Executive Order \1772934 to address the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States posed by the actions and policies of the Bosnian Serb forces and the authorities in the territory that they controlled within Bosnia and Herzegovina. On December 27, 1995, President Clinton issued Presidential Determination 96-7, directing the Secretary of the Treasury, inter alia, to suspend the ap- plication of sanctions imposed on the FRY (S&M) pursuant to the above- referenced Executive Orders and to continue to block property previously blocked until provision is made to address claims or encumbrances, includ- ing the claims of the other successor states of the former Yugoslavia. This sanctions relief, in conformity with United Nations Security Council Reso- lution \177022 of November 22, \177995, was an essential factor motivating the FRY (S&M)'s acceptance of a peace agreement initialed by the parties in Dayton on November 2% \177995, and signed in Paris on December 14, \177995 (hereinafter the "Peace Agreement"). Sanctions against both the FRY (S&M) and the Bosnian Serb forces were terminated in coniunction with United Nations Security Council Resolution \177074 of October \177, \177996. This termi- nation, however, did not end a requirement that those blocked funds and assets that are subiect to claims or encumbrances remain blocked, until unblocked in accordance with applicable law. Until the status of all remaining blocked property is resolved, the Peace Agreement implemented, and the terms of the United Nations Security Council Resolution 1022 met, the national emergency declared on May 30, \177992, and the measures adopted pursuant thereto to deal with that emer- gency, must continue beyond May 30, 2002. On June 9, \177998, by Executive Order \1773088, President Clinton found that the actions and policies of the FRY (S&M) and the Republic of Serbia with respect to Kosovo, constituted an unusual and extraordinary threat to the national security and foreign policy of the United States. President Clinton therefore declared a national emergency to deal with that threat. On January \1777, 200% President Clinton issued Executive Order \1773\17792 amending Executive Order \1773088 to lift and modify, with respect to future transactions, most of the economic sanctions imposed against the FRY (S&M). At the same time, Executive Order \1773192 imposes restrictions on transactions with certain persons described in section \177(a) of the order, namely persons under open indictment for war crimes by the International Criminal Tribunal for the Former Yugoslavia (ICTY). It also provides for the 297

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 Title 3--The President continued blocking of property or interests in property blocked prior to the order's effective date due to the need to address claims or encumbrances involving such property. Because the crisis with respect to the situation in Kosovo and with respect to Slobodan Milosevic, his close associates and supporters and persons under open indictment for war crimes by the ICTY has not been resolved, and because the status of all previously blocked property has yet to be re- solved, I have determined that the national emergency declared on June 9, 1998, and the measures adopted pursuant thereto to deal with that emer- gency, must continue beyond June 9, 2002. GEORGE W. BUSH THE WHITE HOUSE, May 27, 2002. Presidential Determination No. 2002-19 of May 27, 2002 Presidential Determination on Eligibility of East Timor to Receive Defense Articles and Services Under the Foreign Assistance Act of 1961, as amended, and the Arms Export Control Act Memorandum for the Secreta\177 7' of State Pursuant to the authority vested in me by the laws and Constitution of the United States, including section 503(a) of the Foreign Assistance Act of 1961, as amended, and section 3(a)(1) of the Arms Export Control Act, I hereby find that the furnishing of Defense articles and services to East Timer will strengthen the security of the United States and promote world peace. You are authorized and directed to report this finding to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, May 27, 2002. Presidential Determination No. 2002-20 of May 30, 2002 Provision of $25.5 Million to Support a Train and Equip Program in Georgia Memorandum for the Secreta\177y of State [and] the Secreta\177y of Defense Pursuant to the authority vested in me by the laws and Constitution of the United States, including sections 6\1774(a)(2) and 506(a)(\177) of the Foreign As- sistance Act of \17796% as amended, I hereby determine that it is vital to the national security interests of the United States to provide up to $4.5 mil- lion in fiscal year 1997 and \177998 Foreign Military Financing Funds for as- 298

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 Other Presidential Documents sistance to Georgia under section 23 of the Arms Export Control Act with- out regard to any provision of law that might otherwise restrict provision of such funds. I further determine that an unforeseen emergency exists re- quiring immediate military assistance for Georgia that cannot be met under the Arms Control Export Act or any other law, and hereby direct the draw- down of defense articles and services from the stocks of the Department of Defense, and military education and training of the aggregate value of $21 million to meet that emergency requirement. I hereby authorize the fur- nishing of this assistance. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, May 30, 2002. Presidential Determination No. 2002-21 of June 3, 2002 Presidential Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as Amended--Continuation of Waiver Authority for the Republic of Belarus Memorandum for the Secretary of State Pursuant to the authority vested in me under the Trade Act of 1974, as amended, Public Law 93-618, 88 Stat. 1978 (hereinafter the "Act"), I deter- mine, pursuant to section 402(d)(1) of the waiver authority granted by sec- tion 402 of the Act will substantially promote the objectives of section 402 of the Act. I further determine that continuation of the waiver applicable to the Republic of Bolarus will substantially promote the objectives of sec- tion 402 of the Act. On my behalf, please transmit this determination to the Speaker of the House of Representatives and to the President of the Senate. You are authorized and directed to publish this determination in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, June 3, 2002. 299

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 Title 3--The President Presidential Determination No. 2002-22 of June 3, 2002 Presidential Determination Under Subsection 402(d)(1) of the Trade Act of 1974, as Amended--Continuation of Waiver Authority for Vietnam Memorandum for the Secretary of State Pursuant to the authority vested in me under the Trade Act of 1974, as amended, Public Law 93-618, 88 Stat. \177978 (hereinafter the "Act"), I deter- mine, pursuant to section 402(d)(\177) of the waiver authority granted by sec- tion 402 of the Act will substantially promote the objectives of section 402 of the Act. I further determine that continuation of the waiver applicable to Vietnam will substantially promote the objectives of section 402 of the Act. On my behalf, please transmit this determination to the Speaker of the House of Representatives and to the President of the Senate. You are authorized and directed to publish this determination in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, June 3, 2002. Presidential Determination No. 2002-23 of June 14, 2002 Suspension of Limitations Under the Jerusalem Embassy Act Memorandum for the Secretary of State Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Em- bassy Act of \177995 (Public Law \17704-45) (the "Act"), I hereby determine that it is necessary to protect the national security interests of the United States to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act. My Administration remains committed to begin- ning the process of moving our embassy to Jerusalem. You are hereby authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the Federal Register. This suspension shall take effect after transmission of this determination and report to the Congress. GEORGE W. BUSH THE WHITE HOUSE, Washington, June 14, 2002. 300

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 Other Presidential Documents Notice of June 18, 2002 Continuation of the National Emer\365ency with Respect to the Risk of Nuclear Proliferation Created by the Accumulation of Weapons-Usable Fissile Material in the Territory of the Russian Federation On June 21, 2000, the President issued Executive Order 13159 (the "Order") blocking property and interests in property of the Government of the Russian Federation that are in the United States, that hereafter come within the United States, or that are or hereinafter come within the posses- sion or control of United States persons that are directly related to the im- plementation of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Con- cerning the Disposition of Highly Enriched Uranium Extracted from Nu- clear Weapons, dated February 18, 1993, and related contracts and agree- ments (collectively, the "HEU Agreements"). The HEU Agreements allow for the downblending of highly enriched uranium derived from nuclear weapons to low enriched uranium for peaceful commercial purposes. The Order invoked the authority, inter alia, of the International Emergency Eco- nomic Powers Act, 50 U.S.C. 1701 et seq., and declared a national emer- gency to deal with the unusual and extraordinary threat to the national se- curity and foreign policy of the United States posed by the risk of nuclear proliferation created by the accumulation of a large volume of weapons-us- able fissile material in the territory of the Russian Federation. A major national security goal of the United States is to ensure that fissile material removed from Russian nuclear weapons pursuant to various arms control and disarmament agreements is dedicated to peaceful uses (such as downblended to low enriched uranium for peaceful commercial uses), sub- ject to transparency measures, and protected from diversion to activities of proliferation concern. Pursuant to the HEU Agreements, weapons-grade uranium extracted from Russian nuclear weapons is converted to low en- riched uranium for use as fuel in commercial nuclear reactors. The Order blocks and protects from attachment, judgment, decree, lien, execution, gar- nishment, or other judicial process the property and interests in property of the Government of the Russian Federation that are directly related to the implementation of the HEU Agreements and 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. The national emergency declared on June 21, 2000, must continue beyond June 21, 2002, to provide continued protection from attachment, judgment, decree, lien, execution, garnishment, or other judicial process for the prop- erty and interests in property of the Government of the Russian Federation that are directly related to the implementation of the HEU Agreements and subject to U.S. jurisdiction. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to weapons-usable fissile material 301

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 Title 3--The President in the territory of the Russian Federation. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, June 18, 2002. Notice of June 21, 2002 Continuation of the National Emergency With Respect to the Western Balkans On June 26, 2001, by Executive Order 13219, I declared a national emer- gency with respect to the Western Balkans pursuant to the International Emergency Economic Powers Act (50 U.$.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of persons engaged in, or assisting, sponsoring, or supporting, (i) extremist violence in the former Yugoslav Republic of Macedonia, and elsewhere in the Western Balkans re- gion, or (ii) acts obstructing implementation of the Dayton Accords in Bos- nia or United Nations Security Council Resolution 1244 of June 10, 1999, in Kosovo. Because the actions of these persons, which threaten the peace and international stabilization efforts in the Western Balkans, continue to pose an unusual and extraordinary threat to the national security and for- eign policy of the United States, the national emergency declared on June 26, 2001, and the measures adopted on that date to deal with that emer- gency must continue in effect beyond June 26, 2002. Therefore, in accord- ance with section 202(d) of the National Emergencies Act (50 U.$.C. 1622(d)), I am continuing for 1 year the national emergency with respect to the Western Balkans. This Notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, June 21, 2002. Presidential Determination No. 2002-24 of June 28, 2002 Presidential Determination to Authorize the Furnishing of Emergency Military Counterterrorism Assistance to the Armed Forces of the Philippines Memorandum for the Secretaz:y of State [and] the Secretaz:y of Defense Pursuant to the authority vested in me by section 506(a)(1) of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2318(a)(1) (the "Act"), I hereby determine that: 302

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 Other Presidential Documents (1) an unforeseen emergency exists that requires immediate military counterterrorism assistance to the Armed Forces of the Philippines; and (2) the emergency requirement cannot be met under the authority of the Arms Export Control Act or any other law except 506(a) of the Act. I therefore direct the drawdown of up to $10 million of defense articles and services from the inventory and resources of the Department of Defense to the Philippines for counterterrorism assistance. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to arrange for its publication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, June 28, 2002. Memorandum of July 2, 2002 Delegation of Authority Under Section 124 of the National Defense Authorization Act for Fiscal Year 2001 Memorandum for the Secretazy of Defense By the authority vested in me by the Constitution and laws of the United States of America, you are delegated the authority and assigned the respon- sibility of the President under section 124(b) of the Floyd D. Spence Na- tional Defense Authorization Act for Fiscal Year 200\177 (Public Law \17706- 398). The authority delegated by this memorandum may be redelegated, in writ- ing, not lower than the Under Secretary of Defense level. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 2, 2002. Presidential Determination No. 2002-25 of July 9, 2002 Delegation of Authority Under Sections 2(d) and 2(f) of the Migration and Refugee Assistance Act of 1962, as Amended Memorandum for the Secretazy of State By virtue of the authority vested in me by the Constitution and laws of the United States, including section 30\177 of title 3 of the United States Code, I hereby delegate the functions and authorities conferred upon the Presi- 303

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 Title 3--The President dent by sections 2(d) and 2(f) of the Migration and Refugee Assistance Act (MRAA) of 1962, as amended, 22 U.S.C. \3652601, insofar as they relate to ac- tions taken under the authority of section 2(b)(2) of the MRAA, to the Sec- retary of State, who should insure timely performance of any duties and obligations of the delegated authority and who is authorized to redelegate these functions and authorities consistent with applicable law. The Sec- retary of State, or his or her delegate, is directed to provide notice to the President of any use of the functions and authorities delegated by this de- termination. This delegation of authority supplements Presidential Determination No. 99-6, Delegation of Authority Under Section 2(b)(2) of the Migration and Refugee Assistance Act of 1962, as amended (November 30, 1998). Any reference in this memorandum to section 2 of the MRAA, as amended, shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. You are authorized and directed to publish this Determination in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 9, 2002. Presidential Determination No. 2002-26 of July 17, 2002 Determination Under Section 610(a) of the Foreign Assistance Act of 1961, as Amended, To Transfer $10.3 million to the Operating Expense Appropriation Memorandum for the Administrator of the United States Agency for Inter- national Development Pursuant to the authorities vested in me by section 610(a) of the Foreign Assistance Act of 196% as amended (the "Act"), I hereby determine that it is necessary for the purposes of the Act that $\1770.3 million appropriated to carry out chapter \177 of part I of the Act be transferred to, and consoli- dated with, appropriations made to carry out section 667(a) of the Act. I hereby authorize such transfer and consolidation. This determination shall be effective immediately and shall be published in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 17, 2002. 3O4

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