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 Executive 0 rders EO 13406 Executive Order 13406 of June 23, 2006 Protecting the Property Rights of the American People By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the rights of the Amer- ican people against the taking of their private property, it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the tak- ing is for public use, with just compensation, and for the purpose of bene- fiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken. Sec. 2. Implementation. (a) The Attorney General shall: (i) issue instructions to the heads of departments and agencies to imple- ment the policy set forth in section i of this order; and (it) monitor takings by departments and agencies for compliance with the policy set forth in section i of this order. (b) Heads of departments and agencies shall, to the extent permitted by law: (i) comply with instructions issued under subsection (a)(i); and (it) provide to the Attorney General such information as the Attorney General determines necessary to carry out subsection (a)(ii). Sec. 3. Specific Exclusions. Nothing in this order shall be construed to pro- hibit a taking of private property by the Federal Government, that other- wise complies with applicable law, for the purpose of: (a) public ownership or exclusive use of the property by the public, such as for a public medical facility, roadway, park, forest, governmental office building, or military reservation; (b) proiects designated for public, common carrier, public transportation, or public utility use, including those for which a fee is assessed, that serve the general public and are subject to regulation by a governmental entity; (c) conveying the property to a nongovernmental entity, such as a tele- communications or transportation common carrier, that makes the property available for use by the general public as of right; (d) preventing or mitigating a harmful use of land that constitutes a threat to public health, safety, or the environment; (e) acquiring abandoned property; (f) quieting title to real property; (g) acquiring ownership or use by a public utility; (h) facilitating the disposal or exchange of Federal property; or (i) meeting military, law enforcement, public safety, public transpor- tation, or public health emergencies. 235

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 EO 13407 Title 3--The President Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subiect to the availability of appropriations. (b) Nothing in this order shall be construed to impair or otherwise affect: (i) authority granted by law to a department or agency or the head there- of; or (ii) functions of the Director of the Office of Management and Budget re- lating to budget, administrative, or legislative proposals. (c) This order shall be implemented in a manner consistent with Execu- tive Order 12630 of March 15, 1988. (d) This order is not intended to, and does not, create any right or ben- efit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person. GEORGE W. BUSH The White House, June 23, 2006. Executive Order 13407 of June 26, 2006 Public Alert and Warning System By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 5121 et seq.), and the Homeland Security Act of 2002, as amended (6 U.S.C. 101 et seq.), it is hereby ordered as follows: Section 1. Policy. It is the policy of the United States to have an effective, reliable, integrated, flexible, and comprehensive system to alert and warn the American people in situations of war, terrorist attack, natural disaster, or other hazards to public safety and well-being (public alert and warning system), taking appropriate account of the functions, capabilities, and needs of the private sector and of all levels of government in our Federal system, and to ensure that under all conditions the President can commu- nicate with the American people. Sec. 2. Functions of the Secretmy of Homelund Security. (a) To implement the policy set forth in section 1 of this order, the Sec- retary of Homeland Security shall: (i) inventory, evaluate, and assess the capabilities and integration with the public alert and warning system of Federal, State, territorial, tribal, and local public alert and warning resources; (ii) establish or adopt, as appropriate, common alerting and warning pro- tocols, standards, terminology, and operating procedures for the public alert and warning system to enable interoperability and the secure delivery of coordinated messages to the American people through as many commu- nication pathways as practicable, taking account of Federal Communica- tions Commission rules as provided by law; 236

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 Executive 0 rders EO 13407 (iii) ensure the capability to adapt the distribution and content of com- munications on the basis of geographic location, risks, or personal user preferences, as appropriate; (iv) include in the public alert and warning system the capability to alert and warn all Americans, including those with disabilities and those with- out an understanding of the English language; (v) through cooperation with the owners and operators of communication facilities, maintain, protect, and, if necessary, restore communications fa- cilities and capabilities necessary for the public alert and warning system; (vi) ensure the conduct of training, tests, and exercises for the public alert and warning system; (vii) ensure the conduct of public education efforts so that State, terri- torial, tribal, and local governments, the private sector, and the American people understand the functions of the public alert and warning system and how to access, use, and respond to information from the public alert and warning system; (viii) consult, coordinate, and cooperate with the private sector, includ- ing communications media organizations, and Federal, State, territorial, tribal, and local governmental authorities, including emergency response providers, as appropriate; (ix) administer the Emergency Alert System (EAS) as a critical compo- nent of the public alert and warning system; and (x) ensure that under all conditions the President of the United States can alert and warn the American people. (b) In performing the functions set forth in subsection (a) of this section, the Secretary of Homeland Security shall coordinate with the Secretary of Commerce, the heads of other departments and agencies of the executive branch (agencies), and other officers of the United States, as appropriate, and the Federal Communications Commission. (c) The Secretary of Homeland Security may issue guidance to imple- ment this order. Sec. 3. Duties of Heads of Departments and Agencies. (a) The heads of agencies shall provide such assistance and information as the Secretary of Homeland Security may request to implement this order. (b) In addition to performing the duties specified under subsection (a) of this section: (i) the Secretary of Commerce shall make available to the Secretary of Homeland Security, to assist in implementing this order, the capabilities and expertise of the Department of Commerce relating to standards, tech- nology, telecommunications, dissemination systems, and weather; (ii) the Secretary of Defense shall provide to the Secretary of Homeland Security requirements for the public alert and warning system necessary to ensure proper coordination of the functions of the Department of Defense with the use of such system; (iii) the Federal Communications Commission shall, as provided by law, adopt rules to ensure that communications systems have the capacity to 237

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 EO 13407 Title 3--The President transmit alerts and warnings to the public as part of the public alert and warning system; and (iv) the heads of agencies with capabilities for public alert and warning shall comply with guidance issued by the Secretary of Homeland Security under subsection 2(c) of this order, and shall develop and maintain such capabilities in a manner consistent and interoperable with the public alert and warning system. Sec. 4. Reports on Implementation. Not later than 90 days after the date of this order, the Secretary of Homeland Security shall submit to the Presi- dent, through the Assistant to the President for Homeland Security and Counterterrorism, a plan for the implementation of this order, and shall thereafter submit reports from time to time, and not less often than once each year, on such implementation, together with any recommendations the Secretary finds appropriate. Sec. 5. Amendment, Revocation, and Transition. (a) Section 3(b)(4) of Executive Order 12472 of April 3, 1984, as amended, is further amended by striking "Emergency Broadcast System" and insert- ing in lieu thereof "Emergency Alert System". (b) Not later than 120 days after the date of this order, the Secretary of Homeland Security, after consultation with the Assistant to the President for Homeland Security and Counterterrorism, shall issue guidance under section 2(c) of this order that shall address the subject matter of the presi- dential memorandum of September 15, 1995, for the Director, Federal Emergency Management Agency, on Presidential Communications with the General Public During Periods of National Emergency, and upon issuance of such guidance such memorandum is revoked. (c) The Secretary of Homeland Security shall ensure an orderly and ef- fective transition, without loss of capability, from alert and warning sys- tems available as of the date of this order to the public alert and warning system for which this order provides. Sec. 6. General Provisions. (a) This order shall be implemented in a man- ner consistent with: (i) applicable law and presidential guidance, including Executive Order 12472 of April 3, 1984, as amended, and subject to the availability of ap- propriations; and (ii) the authorities of agencies, or heads of agencies, vested by law. (b) This order shall not be construed to impair or otherwise affect the func- tions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals. (c) This order is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH The White House, June 26, 2006. 238

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 Executive 0 rders EO 13409 Executive Order 13408 of June 29, 2006 Amending Executive Order 13381, As Amended, To Extend its Duration by One Year By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to extend by 1 year the dura- tion of Executive Order 13381 of June 27, 2005, it is hereby ordered that: Section 1. Section 6(a) of Executive Order 13381 is amended by striking "April 1, 2006" and inserting in lieu thereof "April % 2007". Sec. 2. Section 6(b) of Executive Order 13381 is amended by striking "July % 2006" and inserting in lieu thereof "July 1, 2007". GEORGE W. BUSH The White House, June 29, 2006. Executive Order 13409 of July 3, 2006 Establishing an Emergency Board To Investigate a Dispute Between Southeastern Pennsylvania Transportation Authority and Its Locomotive Engineers Represented by the Brotherhood of Locomotive Engineers and Trainmen A dispute exists between Southeastern Pennsylvania Transportation Au- thority (SEPTA) and its employees represented by the Brotherhood of Loco- motive Engineers and Trainmen (BLET). The dispute has not heretofore been adjusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151-188 (RLA). A party empowered by the RLA has requested that the President establish an emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a). Section 9A(c) of the RLA provides that the President, upon such request, shall appoint an emergency board to investigate and report on the dispute. NOW, THEREFORE, by the authority vested in me as President by the Con- stitution and the laws of the United States, including section 9A of the RLA, it is hereby ordered as follows: Section 1. Establishment of Emergency Board (Board). There is established, effective 12:01 a.m. eastern daylight time on July 8, 2006, a Board of three members to be appointed by the President to investigate and report on this dispute. No member shall be pecuniarily or otherwise interested in any or- ganization of railroad employees or any carrier. The Board shall perform its functions subject to the availability of funds. Sec. 2. Report. The Board shall report to the President with respect to this dispute within 30 days of its creation. Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the RLA, from the date of the creation of the Board and for 120 days thereafter, no 239

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 EO 13410 Title 3--The President change in the conditions out of which the dispute arose shall be made by the parties to the controversy, except by agreement of the parties. Sec. 4. Becords Maintenance. The records and files of the Board are records of the Office of the President and upon the Board's termination shall be maintained in the physical custody of the National Mediation Board. Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order. GEORGE W. BUSH The White House, July 3, 2006. Executive Order 13410 of August 22, 2006 Promoting Quality and Efficient Health Care in Federal Government Administered or Sponsored Health Care Programs By the authority vested in me as President by the Constitution and the laws of the United States, and in order to promote federally led efforts to imp]e- ment more transparent and high-quality health care, it is hereby ordered as follows: Section 1. Purpose. It is the purpose of this order to ensure that health care programs administered or sponsored by the Federal Government promote quality and efficient delivery of health care through the use of health infor- mation technology, transparency regarding health care quality and price, and better incentives for program beneficiaries, enrollees, and providers. It is the further purpose of this order to make relevant information available to these beneficiaries, enrollees, and providers in a readily useable manner and in collaboration with similar initiatives in the private sector and non- Federal public sector. Consistent with the purpose of improving the quality and efficiency of health care, the actions and steps taken by Federal Gov- ernment agencies should not incur additional costs for the Federal Govern- ment. Sec. 1. Definitions. For purposes of this order: (a) "Agency" means an agency of the Federal Government that administers or sponsors a Federal health care program. (b) "Federal health care program" means the Federal Employees Health Benefit Program, the Medicare program, programs operated directly by the Indian Health Service, the TRICARE program for the Department of Defense and other uniformed services, and the health care program operated by the Department of Veterans Affairs. For purposes of this order, "Federal health care program" does not include State operated or funded federally sub- sidized programs such as Medicaid, the State Children's Health Insurance Program, or services provided to Department of Veterans' Affairs bene- ficiaries under 38 U.S.C. 1703. (c) "Interoperability" means the ability to communicate and exchange data accurately, effectively, securely, and consistently with different information 24O

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 Executive 0 rders EO 13410 technology systems, software applications, and networks in various set- tings, and exchange data such that clinical or operational purpose and meaning of the data are preserved and unaltered. (d) "Recognized interoperability standards" means interoperability stand- ards recognized by the Secretary of Health and Human Services (the "Sec- retary"), in accordance with guidance developed by the Secretary, as exist- ing on the date of the implementation, acquisition, or upgrade of health in- formation technology systems under subsections (1) or (2) of section 3(a) of this order. Sec. 3. Directives for Agencies. Agencies shall perform the following func- tions: (a) Health Information Technology. (1) For Federal Agencies. As each agency implements, acquires, or up- grades health information technology systems used for the direct ex- change of health information between agencies and with non-Federal en- tities, it shall utilize, where available, health information technology sys- tems and products that meet recognized interoperability standards. (2) For Contracting Purposes. Each agency shall require in contracts or agreements with health care providers, health plans, or health insurance issuers that as each provider, plan, or issuer implements, acquires, or up- grades health information technology systems, it shall utilize, where available, health information technology systems and products that meet recognized interoperability standards. (b) Transparency of Quality Measurements. (\177) In General. Each agency shall implement programs measuring the quality of services supplied by health care providers to the beneficiaries or enrollees of a Federal health care program. Such programs shall be based upon standards established by multi-stakeholder entities identified by the Secretary or by another agency subject to this order. Each agency shall develop its quality measurements in collaboration with similar ini- tiatives in the private and non-Federal public sectors. (2) Facilitation. An agency satisfies the requirements of this subsection if it participates in the aggregation of claims and other appropriate data for the purposes of quality measurement. Such aggregation shall be based upon standards established by multi-stakeholder entities identified by the Secretary or by another agency subject to this order. (c) Transparency of Pricing Information. Each agency shall make available (or provide for the availability) to the beneficiaries or enrollees of a Federal health care program (and, at the option of the agency, to the public) the prices that it, its health insurance issuers, or its health insurance plans pay for procedures to providers in the health care program with which the agency, issuer, or plan contracts. Each agency shall also, in collaboration with multi-stakeholder groups such as those described in subsection (b)(\177), participate in the development of information regarding the overall costs of services for common episodes of care and the treatment of common chronic diseases. (d) Promoting Quality and Efficiency of Care. Each agency shall develop and identify, for beneficiaries, enrollees, and providers, approaches that en- courage and facilitate the provision and receipt of high-quality and efficient 241

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 EO 13411 Title 3--The President health care. Such approaches may include pay-for-performance models of reimbursement consistent with current law. An agency will satisfy the re- quirements of this subsection if it makes available to beneficiaries or enroll- ees consumer-directed health care insurance products. Sec. 4. Implementation Date. Agencies shall comply with the requirements of this order by January l, 2007. Sec. 5. Administration and Judicial l?eview. (a) This order does not assume or rely upon additional Federal resources or spending to promote quality and efficient health care. Further, the ac- tions directed by this order shall be carried out subiect to the availability of appropriations and to the maximum extent permitted by law. (b) This order shall be implemented in new contracts or new contract cy- cles as they may be renewed from time to time. Renegotiation outside of the normal contract cycle processes should be avoided. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH The White House, August 22, 2006. Executive Order 13411 of August 29, 2006 Improving Assistance for Disaster Victims By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Robert T. Stafford Disaster Relief and Emergency Assistance Act, as amended (42 U.S.C. 512\177 et seq.) (the "Stafford Act"), and to take further actions to improve the delivery of Federal disaster assistance, it is hereby ordered as follows: Section 1. Policy. It is the policy of the Federal Government to ensure that individuals who are victims of a terrorist attack, natural disaster, or other incident that is the subject of an emergency or major disaster declaration under the Stafford Act, and who are thereby eligible for financial or other assistance delivered by any department or agency of the executive branch (Federal disaster assistance), have prompt and efficient access to Federal disaster assistance, as we]] as information regarding assistance available from State and local government and private sector sources. Sec. 2. Task Force on Disaster Assistance Coordination. (a) P]an to Im- prove Delivery of Federal Disaster Assistance. To further the policy in sec- tion \177 of this order, there is established the interagency "Task Force on Dis- aster Assistance Coordination" (Task Force). The Task Force shall develop a plan to streamline and otherwise improve the delivery of Federal disaster assistance (Plan). The Plan shall: (i) include an inventory of Federal disaster assistance programs and as- sess the effectiveness of their respective delivery mechanisms; 242

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 Executive 0 rders EO 13411 (ii) recommend specific actions to improve the delivery of Federal dis- aster assistance, which shall include actions to provide a centralized appli- cation process for Federal disaster assistance, provide a centralized and continuously updated clearinghouse from which disaster victims may ob- tain information regarding Federal disaster assistance and State and local government and private sector sources of disaster assistance, reduce unnec- essarily duplicative application forms and processes for Federal disaster as- sistance, and strengthen controls designed to prevent improper payments and other forms of fraud, waste, and abuse; and (iii) include an implementation schedule for the Plan's recommendations that provides for the phased implementation of the Plan by December 2008, including quarterly milestones and metrics to be used to measure and evaluate implementation. (b) Membership of the Task Force. (i) The Task Force shall consist exclu- sively of the following members, or their designees who shall be at the As- sistant Secretary level (or its equivalent) or higher: (A) the Secretary of Homeland Security, who shall serve as Chair; (B) the Secretary of the Treasury; (C) the Secretary of Defense; (D) the Attorney General; (E) the Secretary of Agriculture; (F) the Secretary of Commerce; (G) the Secretary of Labor; (H) the Secretary of Health and Human Services; (I) the Secretary of Housing and Urban Development; (J) the Secretary of Education; (K) the Secretary of Veterans Affairs; (L) the Director of the Office of Personnel Management; (M) the Commissioner of Social Security; (N) the Administrator of the Small Business Administration; (O) the Director of the Office of Management and Budget; and (P) such other officers of the United States as the Secretary of Homeland Security may designate from time to time. (ii) The Secretary of Homeland Security, or the Secretary's designee, shall convene and preside at meetings of the Task Force, determine its agenda, direct its work, and, as appropriate to address specific subject matters, es- tablish and direct subgroups of the Task Force. A member of the Task Force may designate, to perform Task Force subgroup functions of the member, any person who is part of such member's department or agency and who is either an officer of the United States appointed by the President or a member of the Senior Executive Service. (c) Plan Approval and Implementation. Not later than March l, 2007, the Secretary of Homeland Security shall submit the Plan to the President for approval through the Assistant to the President for Homeland Security and 243

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 EO 13412 Title 3--The President Counterterrorism and the Director of the Office of Management and Budget. Upon approval of the Plan by the President, the Secretary of Homeland Se- curity, assisted by the Task Force, shall coordinate the implementation of the Plan. Until the completion of such implementation, the Secretary of Homeland Security shall submit a quarterly progress report to the Assistant to the President for Homeland Security and Counterterrorism and the Di- rector of the Office of Management and Budget. Sec. 3. Assistance and Support. To the extent permitted by law, the heads of all executive departments and agencies shall provide such assistance and information as the Secretary of Homeland Security may request in carrying out the Secretary's responsibilities under this order. Consistent with appli- cable law and subiect to the availability of appropriations, the Department of Homeland Security shall provide necessary funding and administrative support for the Task Force. Sec. 4. Administration. This order shall: (a) be implemented in a manner consistent with applicable laws, including Federal laws protecting the in- formation privacy rights and other legal rights of Americans, and subiect to the availability of appropriations; (b) be implemented in a manner consistent with the statutory authority of the principal officers of executive departments and agencies as heads of their respective departments or agencies; and (c) not be construed to impair or otherwise affect the functions of the Direc- tor of the Office of Management and Budget relating to budget, administra- tive, regulatory, and legislative responsibilities. Sec. 5. Judicial l?eview. This order is intended only to improve the internal management of the Federal Government and is not intended to, and does not, create any rights or benefits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agen- cies, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH The White House, August 29, 2006. Executive Order 13412 of October 13, 2006 Blocking Property of and Prohibiting Transactions With the Government of Sudan By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.)(IEEPA), the National Emer- gencies Act (50 U.S.C. 160\177 et seq.)(NEA), and section 30\177 of title 3, United States Code, and taking appropriate account of the Darfur Peace and Ac- countability Act of 2006 (the "Act"), I, GEORGE W. BUSH, President of the United States of America, find that, due to the continuation of the threat to the national security and foreign policy of the United States created by certain policies and actions of the 244

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 Executive 0 rders EO 13412 Government of Sudan that violate human rights, in particular with respect to the conflict in Darfur, where the Government of Sudan exercises admin- istrative and legal authority and pervasive practical influence, and due to the threat to the national security and foreign policy of the United States posed by the pervasive role played by the Government of Sudan in the pe- troleum and petrochemical industries in Sudan, it is in the interests of the United States to take additional steps with respect to the national emer- gency declared in Executive Order 13067 of November 3, 1997. Accord- ingly, I hereby order: Section 1. Except to the extent provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) or in regulations, orders, directives, or licenses that may be issued pursuant to this order, all property and interests in property of the Government of Sudan that are in the United States, that hereafter come within the United States, or that are or hereafter come within the posses- sion or control of United States persons, including their overseas branches, are blocked and may not be transferred, paid, exported, withdrawn, or oth- erwise dealt in. Sec. 2. Except to the extent provided in section 203(b) of IEEPA (50 U.S.C. 1702(b)) or in regulations, orders, directives, or licenses that may be issued pursuant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, all transactions by United States persons relating to the petroleum or petro- chemical industries in Sudan, including, but not limited to, oilfield serv- ices and oil or gas pipelines, are prohibited. Sec. 3. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, or at- tempts to violate any of the prohibitions set forth in this order is prohib- ited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 4. (a) Subject to paragraph (b) of this section, restrictions imposed by this order shall be in addition to, and do not derogate from, restrictions im- posed in and under Executive Order 13067. (b)(i) None of the prohibitions in section 2 of Executive Order 13067 shall apply to activities or related transactions with respect to Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas in and around Khartoum, provided that the activities or transactions do not involve any property or interests in property of the Government of Sudan. (ii) The Secretary of State, after consultation with the Secretary of the Treasury, may define the term "Southern Sudan, Southern Kordofan/Nuba Mountains State, Blue Nile State, Abyei, Darfur, or marginalized areas in and around Khartoum" for the purposes of this order. (c) The function of the President under subsection 6(c)(1) of the Com- prehensive Peace in Sudan Act of 2004 (Public Law 108-497), as amended by section 5(a)(3) of the Act, is assigned to the Secretary of the Treasury as appropriate in the performance of such function. (d) The functions of the President under subsection 6(c)(2) and the last sen- tence of 6(d) of the Comprehensive Peace in Sudan Act of 2004 (Public 245

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 EO 13412 Title 3--The President Law 108-497), as amended by subsections 5(a)(3) and (b), respectively, of the Act, are assigned to the Secretary of State, except that the function of denial of entry is assigned to the Secretary of Homeland Security. (e) The functions of the President under sections 7 and 8 of the Act are assigned to the Secretary of State. Sec. 5. Nothing in this order shall prohibit: (a) transactions for the conduct of the official business of the Federal Gov- ernment or the United Nations by employees thereof; or (b) transactions in Sudan for journalistic activity by persons regularly em- ployed in such capacity by a news-gathering organization. Sec. 6. For the purposes of this order: (a) the term "person" means an individual or entity; (b) the term "entity" means a partnership, association, trust, joint venture, corporation, group, subgroup, or other organization; (c) the term "United States person" means any United States citizen, per- manent resident alien, entity organized under the laws of the United States or any jurisdiction within the United States (including foreign branches), or any person in the United States; and (d) the term "Government of Sudan" includes the Government of Sudan, its agencies, instrumentalities, and controlled entities, and the Central Bank of Sudan, but does not include the regional government of Southern Sudan. Sec. 7. For those persons whose property and interests in property are blocked pursuant to section 1 of this order who might have a constitutional presence in the United States, I find that, because of the ability to transfer funds or other assets instantaneously, prior notice to such persons of meas- ures to be taken pursuant to this order would render these measures inef- fectual. I therefore determine that for these measures to be effective in ad- dressing the national emergency declared in Executive Order \1773067 there need be no prior notice of a determination made pursuant to section \177 of this order. Sec. 8. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to take such actions, including the promulga- tion of rules and regulations, and to employ all powers granted to the Presi- dent by IEEPA as may be necessary to carry out the purposes of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Government, consistent with applicable law. All executive agencies of the United States Govern- ment are hereby directed to take all appropriate measures within their au- thority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. The Secretary of the Treasury shall ensure compliance with those provisions of section 40\177 of the NEA (50 U.S.C. \177641) applicable to the De- partment of the Treasury in relation to this order. Sec. 9. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. 246

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 Executive 0 rders EO 13413 Sec. 10. This order shall take effect upon the enactment of the Darfur Peace and Accountability Act of 2006. GEORGE W. BUSH The White House, October 13, 2006. Executive Order 13413 of October 27, 2006 Blocking Property of Certain Persons Contributing to the Conflict in the Democratic Republic of the Congo By the authority vested in me as President by the Constitution and the laws of the United States of America, including the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), the National Emer- gencies Act (50 U.S.C. 160\177 et seq.) (NEA), section 5 of the United Nations Participation Act, as amended (22 U.S.C. 287c) (UNPA), and section 30\177 of title 3, United States Code, I, GEORGE W. BUSH, President of the United States of America, determine that the situation in or in relation to the Democratic Republic of the Congo, which has been marked by widespread violence and atrocities that con- tinue to threaten regional stability and was addressed by the United Na- tions Security Council in Resolution \177596 of April \1778, 2005, Resolution 1649 of December 2% 2005, and Resolution \177698 of July 3% 2006, con- stitutes an unusual and extraordinary threat to the foreign policy of the United States and hereby declare a national emergency to deal with that threat. To address that threat, I hereby order: Section 1. (a) Except to the extent that section 203(b)(\177), (3), and (4) of the IEEPA (50 U.S.C. 1702(b)(\177), (3), and (4)) may apply, or to the extent pro- vided in regulations, orders, directives, or licenses that may be issued pur- suant to this order, and notwithstanding any contract entered into or any license or permit granted prior to the effective date of this order, all prop- erty and interests in property that are in the United States, that hereafter come within the United States, or that are or hereafter come within the possession or control of United States persons, including their overseas branches, of the following persons are blocked and may not be transferred, paid, exported, withdrawn, or otherwise dealt in: (i) the persons listed in the Annex to this order; and (it) any person determined by the Secretary of the Treasury, after con- sultation with the Secretary of State: (A) to be a political or military leader of a foreign armed group operating in the Democratic Republic of the Congo that impedes the disarmament, repatriation, or resettlement of combatants; (B) to be a political or military leader of a Congolese armed group that impedes the disarmament, demobilization, or reintegration of combat- ants; 247

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 EO 13413 Title 3--The President (C) to be a political or military leader recruiting or using children in armed conflict in the Democratic Republic of the Congo in violation of applicable international law; (D) to have committed serious violations of international law involving the targeting of children in situations of armed conflict in the Democratic Republic of the Congo, including killing and maiming, sexual violence, abduction, and forced displacement; (E) to have directly or indirectly supplied, sold, or transferred to the Democratic Republic of the Congo, or been the recipient in the territory of the Democratic Republic of the Congo of, arms and related material, including military aircraft and equipment, or advice, training, or assist- ance, including financing and financial assistance, related to military ac- tivities; (F) to have materially assisted, sponsored, or provided financial, mate- rial, or technological support for, or goods or services in support of, the activities described in subsections (a)(ii)(A) through (E) of this section or any person listed in or designated pursuant to this order; or (G) to be owned or controlled by, or acting or purporting to act for or on behalf of, directly or indirectly, any person listed in or designated pursuant to this order. (b) I hereby determine that, to the extent section 203(b)(2) of the IEEPA (50 U.S.C. 1702(b)(2)) may apply, the making of donations of the type of articles specified in such section by, to, or for the benefit of any person listed in or designated pursuant to subsection (a) of this section would seriously impair my ability to deal with the national emergency declared in this order, and I hereby prohibit such donations as provided by sub- section (a) of this section. (c) The prohibitions in subsection (a) of this section include but are not limited to (i) the making of any contribution or provision of funds, goods, or services by, to, or for the benefit of any person listed in or des- ignated pursuant to subsection (a) of this section, and (ii) the receipt of any contribution or provision of funds, goods, or services from any such person. Sec. 2. (a) Any transaction by a United States person or within the United States that evades or avoids, has the purpose of evading or avoiding, or at- tempts to violate any of the prohibitions set forth in this order is prohib- ited. (b) Any conspiracy formed to violate any of the prohibitions set forth in this order is prohibited. Sec. 3. For the purposes of this order: (a) the term "person" means an individual or entity; (b) the term "entity" means a partnership, association, trust, ]oint venture, corporation, group, subgroup, or other organization; and (c) the term "United States person" means any United States citizen, per- manent resident alien, entity organized under the laws of the United States or any ]urisdiction within the United States (including foreign branches), or any person in the United States. 248

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 Executive 0 rders EO 13413 Sec. 4. For those persons listed in or designated pursuant to this order who might have a constitutional presence in the United States, I find that, be- cause of the ability to transfer funds or other assets instantaneously, prior notice to such persons of measures to be taken pursuant to this order would render these measures ineffectual. I therefore determine that for these measures to be effective in addressing the national emergency de- clared in this order, there need be no prior notice of a listing or determina- tion made pursuant to subsection l(a) of this order. Sec. 5. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to take such actions, including the promulga- tion of rules and regulations, and to employ all powers granted to the Presi- dent by the IEEPA and the UNPA as may be necessary to carry out the pur- poses of this order. The Secretary of the Treasury may redelegate any of these functions to other officers and agencies of the United States Govern- ment, consistent with applicable law. All executive agencies of the United States Government are hereby directed to take all appropriate measures within their authority to carry out the provisions of this order and, where appropriate, to advise the Secretary of the Treasury in a timely manner of the measures taken. The Secretary of the Treasury shall ensure compliance with those provisions of section 401 of the NEA (50 U.S.C. \17764\177) applicable to the Department of the Treasury in relation to this order. Sec. 6. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized to submit the recurring and final reports to the Congress on the national emergency declared in this order, consistent with section 401(c) of the NEA (50 U.S.C. 1641(c)) and section 204(c) of the IEEPA (50 U.S.C. 1703(c)). Sec. 7. The Secretary of the Treasury, after consultation with the Secretary of State, is hereby authorized, subsequent to the issuance of this order, to determine, and to take necessary action to give effect to that determination, that circumstances no longer warrant the blocking of the property and in- terests in property of, or the prohibiting of transactions with, a person list- ed in the Annex to this order. Sec. 8. This order is not intended to, and does not, create any right, benefit, or privilege, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, instrumental- ities, or entities, its officers or employees, or any other person. Sec. 9. This order is effective at \1772:0\177 a.m. eastern standard time on Octo- ber 30, 2006. GEORGE W. BUSH The White House, October 27, 2006. 249

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 EO 13414 Title 3--The President Executive Order 13414 of November 3, 2006 Amendment to Executive Order 13402, Strengthening Federal Efforts To Protect Against Identity Theft By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to amend the date by which the Identity Theft Task Force shall submit to the President its coordinated strategic plan, it is hereby ordered that section 3(a) of Executive Order 13402 of May 10, 2006, is amended to read as follows: "review the activi- ties of executive branch departments, agencies, and instrumentalities relat- ing to the policy set forth in section \177, and building upon these prior ac- tivities, prepare and submit in writing to the President by February 9, 2007, or as soon as practicable thereafter as the Chairman and Co-Chairman shall determine, a coordinated strategic plan to further improve the effectiveness and efficiency of the Federal Government's activities in the areas of iden- tity theft awareness, prevention, detection, and prosecution.". GEORGE W. BUSH The White House, November 3, 2006. Executive Order 13415 of December 1, 2006 Assignment of Certain Pay-Related Functions By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 30\177 of title 3, United States Code, it is hereby ordered as follows: Section 1. Assignment of Functions. The functions of the President under sections 4505a, 5305, and 5377 of title 5, United States Code, are assigned to the Director of the Office of Personnel Management. Sec. 2. Revocations. (a) Sections 3 and 6 of Executive Order 12748 of Feb- ruary l, 1991, as amended, are revoked. Sections 4, 5, 7, 8, and 9 of Execu- tive Order 12748 are renumbered as sections 3, 4, 5, 6, and 7, respectively. (b) Section 2 of Executive Order 12828 of January 5, 1993, is revoked. Sec- tion 3 of Executive Order 12828 is renumbered as section 2. Sec. 3. General Provision. This order is not intended to, and does not, cre- ate any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person. GEORGE W. BUSH The White House, December 1, 2006. 250

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 Executive 0 rders EO 13416 Executive Order 13416 of December 5, 2006 Strengthening Surface Transportation Security By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the security of the Na- tion's surface transportation systems and thereby enhance the protection of the people, property, and territory of the United States of America against terrorist attacks, it is hereby ordered as follows: Section 1. Policy. The security of our Nation's surface transportation sys- tems is a national priority, vital to our economy, and essential to the secu- rity of our Nation. Federal, State, local, and tribal governments, the private sector, and the public share responsibility for the security of surface trans- portation. It is the policy of the United States to protect the people, prop- erty, and territory of the United States by facilitating the implementation of a comprehensive, coordinated, and efficient security program to protect surface transportation systems within and adiacent to the United States against terrorist attacks. Sec. 2. Definitions. For purposes of this order: (a) "agencies" means those executive departments enumerated in 5 U.S.C. 101, independent establishments as defined by 5 U.S.C. 104(1), government corporations as defined by 5 U.S.C. 103(1), and the United States Postal Service; (b) "Secretary" means the Secretary of Home]and Security; (c) "security guideline" means any security-related guidance that the Sec- retary recommends, for implementation on a voluntary basis, to enhance the security of surface transportation; (d) "security requirement" means any "regulatory action" as defined in sec- tion 3 of Executive Order 12866 of September 30, 1993, as amended (Regu- latory Planning and Review), including security directives when appro- priate, to implement measures to enhance the security of surface transpor- tation; (e) "surface transportation modes" means mass transit, commuter and long- distance passenger rail freight rail commercial vehicles (including inter- city buses), and pipdines, and related infrastructure (including roads and highways), that are within the territory of the United States, but does not include electric grids; and (f) "surface transportation" means any conveyance of people, goods, or commodities using one or more surface transportation modes. Sec. 3. Functions of the Secretmy of Homeland Security. The Secretary is the principal Federal official responsible for infrastructure protection ac- tivities for surface transportation. To implement the policy set forth in sec- tion 1 of this order, the Secretary shall, consistent with the National Infra- structure Protection Plan (NIPP), in coordination with the Secretary of Transportation, and in consultation with the heads of other relevant agen- cies: (a) assess the security of each surface transportation mode and evaluate the effectiveness and efficiency of current Federal Government surface trans- portation security initiatives; 251

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 EO 13416 Title 3--The President (b) building upon current security initiatives, not later than December 3% 2006, develop a comprehensive transportation systems sector specific plan, as defined in the NIPP; (c) not later than 90 days after the comprehensive transportation systems sector specific plan is completed, develop an annex to such plan that ad- dresses each surface transportation mode, which shall also include, at a minimum- (i) an identification of existing security guidelines and security require- ments and any security gaps, a description of how the transportation sys- tems sector specific plan will be implemented for such mode, and the respective roles, responsibilities, and authorities of Federal, State, local, and tribal governments and the private sector; (ii) schedules and protocols for annual reviews of the effectiveness of surface transportation security-related information sharing mechanisms in bringing about the timely exchange of surface transportation security information among Federal, State, local, and tribal governments and the private sector, as appropriate; and (iii) a process for assessing (A) compliance with any security guidelines and security requirements issued by the Secretary for surface transpor- tation, and (B) the need for revision of such guidelines and requirements to ensure their continuing effectiveness; (d) in consultation with State, local, and tribal government officials and the private sector, not later than 180 days after the date of this order, identify surface transportation modes, or components thereof, that are subject to high risk of terrorist attack, draft appropriate security guidelines or security requirements to mitigate such risks, and ensure that, prior to their issuance, draft security requirements are transmitted to the Office of Management and Budget for review in accordance with Executive Order \1772866 and draft security guidelines receive appropriate interagency review; (e) develop, implement, and lead a process, in collaboration with other agencies, State, local, and tribal governments, and the private sector, as ap- propriate, to coordinate research, development, testing, and evaluation of technologies (including alternative uses for commercial off-the-shelf tech- nologies and products) relating to the protection of surface transportation, including- (i) determining product and technology needs to inform the requirements for and prioritization of research, development, testing, and evaluation, based on the security guidelines and security requirements developed pursuant to subsection (c) of this section and evolving terrorist threats to the security of surface transportation; (ii) collecting information on existing and planned research, develop- ment, testing, and evaluation efforts; and (iii) not later than \17780 days after the date of this order, consistent with section 3\1773 of the Homeland Security Act of 2002, as amended (6 U.S.C. \17793), establishing and making available to Federal, State, local, and tribal government entities, and private sector owners and operators of surface transportation systems, lists of available technologies and products relat- ing to the protection of surface transportation; and 252

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 Executive 0 rders EO 13417 (f) use security grants authorized by law to assist in implementing security requirements and security guidelines issued pursuant to law and consistent with subsection (c) of this section. Sec. 4. Duties of Heads of Other Agencies. Heads of agencies, as appro- priate, shall provide such assistance and information as the Secretary may request to implement this order. Sec. 5. General Provisions. This order: (a) shall be implemented consistent with applicable law and the authorities of agencies, or heads of agencies, vested by law, and subject to the avail- ability of appropriations; (b) shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, admin- istrative, and legislative proposals; and (c) is not intended to, and does not, create any rights or benefits, sub- stantive or procedural, enforceable at law or in equity by a party against the United States, its agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH THE WHITE HOUSE, December 5, 2006. Executive Order 13417 of December 6, 2006 Establishing an Emergency Board To Investigate Disputes Between Metro-North Railroad and Certain of Its Employees Represented by Certain Labor Organizations Disputes exist between Metro-North Railroad (Metro-North) and certain of its employees represented by certain labor organizations. The labor organi- zations involved in these disputes are designated on the attached list, which is made a part of this order. The disputes have not heretofore been adiusted under the provisions of the Railway Labor Act, as amended, 45 U.S.C. 151 et. seq. (RLA). A party empowered by the RLA has requested that the President establish an emergency board pursuant to section 9A of the RLA (45 U.S.C. 159a). Section 9A(c) of the RLA provides that the President, upon such request, shall appoint an emergency board to investigate and report on the disputes. NOW, THEREFORE, by the authority vested in me as President by the Con- stitution and the laws of the United States, including section 9A of the RLA, it is hereby ordered as follows: Section 1. Establishment of Emergency Board (Board). There is established, effective \1772:0\177 a.m. eastern standard time on December 7, 2006, a Board of three members to be appointed by the President to investigate and report on these disputes. No member shall be pecuniarily or otherwise interested in any organization of railroad employees or any carrier. The Board shall perform its functions subject to the availability of funds. 253

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 EO 13417 Title 3--The President Sec. 2. Heport. The Board shall report to the President with respect to the disputes within 30 days of its creation. Sec. 3. Maintaining Conditions. As provided by section 9A(c) of the RLA, from the date of the creation of the Board and for 120 days thereafter, no change in the conditions out of which the disputes arose shall be made by the parties to the controversy, except by agreement of the parties. Sec. 4. Becords Maintenance. The records and files of the Board are records of the Office of the President and upon the Board's termination shall be maintained in the physical custody of the National Mediation Board. Sec. 5. Expiration. The Board shall terminate upon the submission of the report provided for in section 2 of this order. GEORGE W. BUSH THE WHITE HOUSE, December 6, 2006. 254

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 Executive 0 rders EO 13417 Labor Organizations International Association of Machinists & Aerospace Workers International Brotherhood of Electrical Workers International Brotherhood of Teamsters Service Employees International Union-National Conference of Firemen & Oilers Sheet Metal Workers' International Association Transportation Communications International Union (including Transpor- tation Communications International Union - American Railway and Air- line Supervisors Association) Transport Workers Union of America 255

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 EO 13418 Title 3--The President Executive Order 13418 of December 14, 2006 Amendment to Executive Order 13317, Volunteers for Prosperity By the authority vested in me as President by the Constitution and the laws of the United States of America, and to add combating malaria as one of the obiectives of the global prosperity agenda, it is hereby ordered that sec- tion l(a) of Executive Order 13317 of September 25, 2003, is amended by: (a) striking ", and stemming the spread of HIV/AIDS." and inserting in lieu thereof ", stemming the spread of HIV/AIDS and controlling ma- laria."; and (b) striking ", and the Middle East Partnership Initiative." and inserting in lieu thereof ", the Middle East Partnership Initiative, and the Presi- dent's Malaria Initiative.". GEORGE W. BUSH THE WHITE HOUSE, December 14, 2006. Executive Order 13419 of December 20, 2006 National Aeronautics Research and Development By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 204 of the National Science and Technology Policy, Organization, and Priorities Act of \177976, as amended (42 U.S.C. 6613), section 101(c) of the National Aeronautics and Space Administration Authorization Act of 2005 (Public Law \17709-\17755), and section 30\177 of title 3, United States Code, it is hereby ordered as fol- lows: Section 1. National Aeronautics Hosearch and Development Policy. Contin- ued progress in aeronautics, the science of flight, is essential to America's economic success and the protection of America's security interests at home and around the globe. According]y, it shall be the policy of the United States to facilitate progress in aeronautics research and development (R&D) through appropriate funding and activities of the Federal Govern- ment, in cooperation with State, territorial tribal local, and foreign govern- ments, international organizations, academic and research institutions, pri- vate organizations, and other entities, as appropriate. The Federal Govern- ment shall only undertake roles in supporting aeronautics R&D that are not more appropriately performed by the private sector. The National Aero- nautics Research and Development Policy prepared by the National Science and Technology Council should, to the extent consistent with this order and its implementation, guide the aeronautics R&D programs of the United States through 2020. Sec. 2. Functions of the Director of the Office of Science and Technology Policy. To implement the policy set forth in section 1 of this order, the Di- rector of the Office of Science and Technology Policy (the "Director") shall: 256

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 Executive 0 rders EO 13419 (a) review the funding and activities of the Federal Government relating to aeronautics R&D; (b) recommend to the President, the Director of the Office of Manage- ment and Budget, and the heads of executive departments and agencies, as appropriate, such actions with respect to funding and activities of the Fed- eral Government relating to aeronautics R&D as may be necessary to (i) advance United States technological leadership in aeronautics; (ii) support innovative research leading to significant advances in aero- nautical concepts, technologies, and capabilities; (iii) pursue and develop advanced aeronautics concepts and tech- nologies, including those for advanced aircraft systems and air transpor- tation management systems, to benefit America's security and effective and efficient national airspace management; (iv) maintain and advance United States aeronautics research, develop- ment, test and evaluation infrastructure to provide effective experimental and computational capabilities in support of aeronautics R&D; (v) facilitate the educational development of the future aeronautics work- force as needed to further Federal Government interests; (vi) enhance coordination and communication among executive depart- ments and agencies to maximize the effectiveness of Federal Government R&D resources; and (vii) ensure appropriate Federal Government coordination with State, ter- ritorial, tribal, local, and foreign governments, international organiza- tions, academic and research institutions, private organizations, and other entities. Sec. 3. Implementation of National Aeronautics Research and Development Policy. To implement the policy set forth in section 1 of this order, the Di- rector shall: (a) develop and, not later than 1 year after the date of this order, submit for approval by the President a plan for national aeronautics R&D and for related infrastructure, (the "plan"), and thereafter submit, not less often than biennially, to the President for approval any changes to the plan; (b) monitor and report to the President as appropriate on the implemen- tation of the approved plan; (c) ensure that executive departments and agencies conducting aero- nautics R&D: (i) obtain and exchange information and advice, as appropriate, from or- ganizations and individuals outside the Federal Government in support of Federal Government planning and performance of aeronautics R&D; (ii) develop and implement, as appropriate, measures for improving dis- semination of R&D results and facilitating technology transition from R&D to applications; and (iii) identify and promote innovative policies and approaches that com- plement and enhance Federal Government aeronautics R&D investment; and 257

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 EO 13420 Title 3--The President (d) report to the President on the results of the efforts of executive de- partments and agencies to implement paragraphs (c)(i) through (iii) of this section. Sec. 4. General Provisions. (a) In implementing this order, the Director shall: (i) obtain as appropriate the assistance of the National Science and Tech- nology Council in the performance of the Director's functions under this order, consistent with Executive Order 12881 of November 23, 1993, as amended; (ii) coordinate as appropriate with the Director of the Office of Manage- ment and Budget; and (iii) obtain information and advice from all sources as appropriate, in- cluding individuals associated with academic and research institutions and private organizations. (b) The functions of the President under subsection (c) of section 101 of the National Aeronautics and Space Administration Authorization Act of 2005, except the function of designation, are assigned to the Director of the Office of Science and Technology Policy. In performing these assigned functions, the Director shall, as appropriate, consult the Administrator of the National Aeronautics and Space Administration, the Secretary of De- fense, the Secretary of Transportation, the Director of the Office of Manage- ment and Budget, and other heads of executive departments and agencies as appropriate. The Director also shall ensure that all actions taken in the performance of such functions are consistent with the authority set forth in subsections (a) through (d) of section 6 of Executive Order 13346 of July 8, 2004. (c) This order shall be implemented in a manner consistent with: (i) ap- plicable law, including section 102A (i) of the National Security Act of 1947, as amended (50 U.S.C. 403-1(i)), and subject to the availability of appropriations; and (ii) statutory authority of the principal officers of executive departments and agencies as the heads of their respective departments and agencies. (d) This order shall not be construed to impair or otherwise affect the functions of the Director of the Office of Management and Budget relating to budget, administrative, and legislative proposals. (e) This order is not intended to, and does not, create any rights or bene- fits, substantive or procedural, enforceable at law or in equity by a party against the United States, its departments, agencies, instrumentalities, or entities, its officers, employees, or agents, or any other person. GEORGE W. BUSH THE WHITE HOUSE, December 20, 2006. Executive Order 13420 of December 21, 2006 Adjustments of Certain Rates of Pay 258

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 Executive 0 rders EO 13420 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 Service. The ranges of rates of basic pay for senior executives in the Senior Executive Service, as established pursuant to 5 U.S.C. 5382, are set forth on Schedule 4 attached hereto and made a part hereof. Sec. 3. Certain Executive, Legislative, and Judicial Salaries. The rates of basic pay or salaries for the following offices and positions are set forth on the schedules attached hereto and made a part hereof: (a) The Executive Schedule (5 U.S.C. 5312-5318) at Schedule 5; (b) The Vice President (3 U.S.C. 104) and the Congress (2 U.S.C. 31, and section 137 of Public Law 109-289, division B, as amended by section 7 of Public Law 109-383) at Schedule 6; and (c) Justices and judges (28 U.S.C. 5, 44(d), 135, 252, and 461(a); section 140 of Public Law 97-92), at Schedule 7. Sec. 4. Uniformed Services. Pursuant to section 601(a)-(c) of Public Law 109-364, the rates of monthly basic pay (37 U.S.C. 203(a)) for members of the uniformed services, as adjusted under 37 U.S.C. 1009, 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. Loca]ity-Based Comparability Payments. (a) Pursuant to 5 U.S.C. 5304a, 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. 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]bctive Dates. Rates for the Congress, under Schedule 6, are effec- tive on February 16, 2007. Schedule 7 reflects continuation of the pay rates in effect as of the first day of the applicable pay period beginning on or after January 1, 2006. Schedule 8 is effective on January 1, 2007. The other schedules contained herein are effective on the first day of the first applica- ble pay period beginning on or after January 1, 2007. 259

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 EO 13420 Title 3--The President Sec. 8. Prior Order Superseded. Executive Order 13393 of December 22, 2005, is superseded. GEORGE W. BUSH The White House, December 21, 2006. 260

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 Executive 0 rders EO 13420 SCHEDULE 3--V\177TE\177ANS HEALTH ADMINISTP. ATION SCHEDULES DEPARTMENT OF VETERANS AFFAIRS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2007) Schedule for the Office of the Under Secretary for Health {38 U.S.C. 7306)* Assistant Under Secretaries for Health .............. 146,915'* (Only applies to incumbents who are not physicians or dentists) Minimum Maximum Service Directors ................... 109,144 135,550 Director, National Center for Preventive Health ................ 93,063 135,550 Physician and Dentist Base and Longevity Schedule*** Physician Grade .................... 91,530 $134,244 Dentist Grade ..................... 91,530 134,244 Clinical Podiatrist, Chiropractor, and Optometrist Schedule Chief Grade ...................... $93,063 $120,981 Senior Grade ...................... 79,115 102,848 Intermediate Grade ................... 66,951 87,039 Full Grade ....................... 56,301 73,194 Associate Grade .................... 46,974 61,068 Physician Assistant and Expanded-Function Dental Auxiliary Schedule **** Director Grade ..................... $93,063 $120,981 Assistant Director Grade ................ 79,115 102,848 Chief Grade ...................... 66,951 87,039 Senior Grade ...................... 56,301 73,194 Intermediate Grade ................... 46,974 61,068 Full Grade ....................... 38,824 50,470 Associate Grade .................... 33,409 43,435 Junior Grade ...................... 28,562 37,130 Associate Deputy Under Secretary for Health, Assistant Under Secretaries for Health who are physicians or dentists, Medical Directors, the Assistant Under Secretary for Nursing Programs, or the Director of Nursing Services. Pay for these positions is set under 38 U.S.C. 7431 for physicians and dentists, and under 38 U.S.C. 7451 for registered nurses. employees is limited to the rate for level V of the Executive Schedule, which is $136,200. Health Administration physicians and dentists may also be paid market pay and performance pay. according to the Nurse Schedule in 38 U.S.C. 4107(b), as in effect on August 14, 1990, with subsequent adjustments. 263
 * This schedule does not apply to the Deputy Under Secretary for Health, the
 * Pursuant to 38 U.S.C. 7404(d), the rate of basic pay payable to these
 * Pursuant to section 3 of Public Law 108-445 and 38 U.S.C. 7431, Veterans
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 EO 13420 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, 2007) Agencies with a Certified SES Minimum Maximum Performance Appraisal System .......... $111,676 $168,000 Agencies without a Certified SES Performance Appraisal System .......... $111,676 $154,600 SCHEDULE 5--EXECUTIVE SCHEDULE (Effective On the first day of the first applicable pay period be9inning on or after January 1, 2007) Level I .......................... $186,600 Level II .......................... 168,000 Level III .......................... 154,600 Level IV .......................... 145,400 Level V .......................... 136,200 SCHEDULE 6-~VICE PRESIDENT ARD MEMBERS OF CONGRESS (The rate of pay for the Vice President is effective on the first day of the first applicable pay period beginning on or after January 1, 2007, and the rates of pay for Members of Congress are effective February 16, 2007) Vice President ....................... $215,700 Senators .......................... 168,000 Members of the House of Representatives ........... 168,000 Delegates to the House of Representatives .......... 168,000 Resident Commissioner from Puerto Rico ........... 168,000 President pro tem9ore of the Senate ............. 186,600 Majority leader and minority leader of the Senate ...... 186,600 Majority leader and minority leader of the House of Representatives .................... 186,600 Speaker of the House of Representatives ........... 215,700 SCHEDULE 7--JUDICIAL SALARIES (Effective On the first day of the first applicable pay period beginning on or aftur January 1, 2006) Chief Justice of the United States ............. $212,100 Associate Justices of the Supreme Court ........... 203,000 Circuit Judges ....................... 175,100 District Judges ....................... 165,200 Judges of the Court of International Trade ......... 165,200 264

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 Executive 0 rders EO 13420 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 37 U.S.C. 203(c) is $864.30. Note: AS a result of the enactment of sections 602-694 of Public Law 105-85, the National 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. 267

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 EO 13420 Title 3--The President SCHEDULE 9--LOCALITY-BASED COMPARABILITY PAYMENTS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2007) Locality Pay Area x Rate Atlanta-Sandy Springs-Gainesville, GA-AL ......... 15.89% Boston-Worcester-Manchester, MA-NI{-ME-RI ......... 20.97% Buffalo-Niagara-Cattaraugus, N-Y ............. 14.15% Chicago-Naperville-Michigan City, IL-IN-WI ........ 21.79% Cincinnati-Middletown-Wilmington, 0H-KY-IN ....... 17.38% Cleveland-Akron-Elyria, OH ............... 15.96% Columbus-Marion-Chillicothe, OH ............. 15.00% Dallas-Fort Worth, TX .................. 17.34% Dayton-Springfield-Greenville, OH ............ 14.27% Denver-Aurora-Boulder, CO ................ 20.02% Detroit-Warren-Flint, MI ................ 21.53% Hartford-West Hartford-Willimantic, CT-MA ........ 22.44% Houston-Baytown-Huntsville, TX ............. 26.65% Huntsville-Decatur, AL .................. 13.60% Indianapolis-Anderson-Columbus, IN ............ 13.00% Los Angeles-Long Beach-Riverside, CA ........... 24.03% Miami-Fort Lauderdale-Miami Beach, FL .......... 18.30% Milwaukee-Racine-Waukesha, WI .............. 15.54% Minneapolis-St. Paul-St. Cloud, MN-WI .......... 18.17% New York-Newark-Bridgeport, NY-NJ-CT-PA ......... 24.57% Philadelphia-Camden-Vineland, PA-NJ-DE-MD ....... 18.85% Phoenix-Mesa-Scottsdale, AZ ............... 13.22% Pittsburgh-New Castle, PA ................ 14.16% Portland-Vancouver-Beaverton, 0R-WA ........... 17.63% Raleigh-Durham-Cary, NC ................. 16.18% Richmond, VA ....................... 14.41% Sacramento--Arden-Arcade--Truckee, CA-NV ........ 18.99% San Diego-Carlsbad-San Marcos, CA ............ 20.34% San Jose-San Francisco-Oakland, CA ........... 30.33% Seattle-Tacoma-Olympia, WA ................ 18.58% Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV 18.59% Rest of U.S ....................... 12.64% SCHEDULE 10-ADMINISTP\177ATIVE LAW JUDGES (Effective on the first day of the first applicable pay period beginning on or after January 1, 2007) AL-3/A ........................... $97,100 AL-3/B ........................... 104,400 AL-3/C ........................... 112,000 AL-3/D ........................... 119,400 AL-3/E ........................... 126,900 AL-3/F ........................... 134,200 AL-2 ............................ 141,900 AL-1 ............................ 145,400 1Locality Pay Areas are defined in 5 CFR 531.603. 268

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 Executive 0 rders EO 13421 Executive Order 13421 of December 28, 2006 Providing for the Closing of Government Departments and Agencies on January 2, 2007 By the authority vested in me as President by the Constitution and laws of the United States of America, it is hereby ordered as follows: Section 1. All executive departments, independent establishments, and other governmental agencies shall be closed on January 2, 2007, as a mark of respect for Gerald R. Ford, the thirty-eighth President of the United States. That day shall be considered as falling within the scope of Execu- tive Order 11582 of February l\177, \17797\177, and of 5 U.S.C. 5546 and 6\17703(b) and other similar statutes insofar as they relate to the pay and leave of em- ployees of the United States. Sec. 2. The first sentence of section 1 of this order shall not apply to those offices and installations, or parts thereof, in the Department of State, the Department of Defense, the Department of Justice, the Department of Home- land Security, or other departments, independent establishments, and gov- ernmental agencies that the heads thereof determine should remain open for reasons of national security or defense or other essential public busi- ness. GEORGE W. BUSH THE WHITE HOUSE, December 28, 2006. 269

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 OTHER PRESIDENTIAL DOCUMENTS Page Subchapter A-- [Reserved] Subchapter B-- Administrative Orders ............................................... 271 Subchapter C-- Reorganization Plans .................................................. [None] Subchapter D-- Designations ............................................................... [None] Appendix A-- List of Final Rule Documents ...................................... 331 Subchapter B-- Administrative Orders Notice of }anuary 6, 2006 Notice of Intention to Enter Into a Free Trade Agreement With Peru Consistent with section 2\17705(a)(\177)(A) of the Trade Act of 2002, I have noti- fied the Congress of my intention to enter into a free trade agreement with the Republic of Peru. Consistent with section 2105(a)(l)(A) of that Act, this notice shall be pub- lished in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Wushington, Junumy 6, 2006. 27'1

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 Title 3--The President Notice of January 10, 2006 Continuation of the National Emergency Relating to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels On March l, 1996, by Proclamation 6867, a national emergency was de- clared to address the disturbance or threatened disturbance of international relations caused by the February 24, \177996, destruction by the Cuban gov- ernment of two unarmed U.S.-registered civilian aircraft in international airspace north of Cuba. In July \177996 and on subsequent occasions, the Cuban government stated its intent to forcefully defend its sovereignty against any U.S.-registered vessels or aircraft that might enter Cuban terri- torial waters or airspace while involved in a flotilla or peaceful protest. Since these events, the Cuban government has not demonstrated that it will refrain from the future use of reckless and excessive force against U.S. ves- sels or aircraft that may engage in memorial activities or peaceful protest north of Cuba. On February 26, 2004, by Proclamation 7757, the scope of the national emergency was expanded in order to deny monetary and mate- rial support to the repressive Cuban government, which had taken a series of steps to alestabilize relations with the United States, including threat- ening to abrogate the Migration Accords with the United States and to close the United States Interests Section. 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 Cuba and the emergency authority relating to the regulation of the anchorage and movement of vessels set out in Proclamation 6687, as amended and expanded by Proclamation 7757. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, Washington, Junumy lO, 2006. Notice of January 18, 2006 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 \1772947, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. \17770\177-\177706) to deal with the unusual and extraor- dinary threat to the national security, foreign policy, and economy of the United States constituted by grave acts of violence committed by foreign terrorists who threaten to disrupt the Middle East peace process. On Au- gust 20, 1998, by Executive Order \1773099, the President modified the Annex 272

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 Other Presidential Documents to Executive Order 12947 to identify 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, \177998, and the measures adopted on those dates to deal with that emergency must continue in effect beyond January 23, 2006. 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 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, Januazy 18, 2006. Memorandum of February 3, 2006 Assignment of Certain Reporting Function Memorandum for the Secretazy of Labor By the authority vested in me as President by the Constitution and laws of the United States, including section 30\177 of title 3, United States Code, I hereby assign to you the function of the President contained within sec- tion 401(c) of the National Emergencies Act (50 U.S.C. \17764\177(c)), to provide the specified final report to the Congress in relation to Proclamation 7959 of November 3, 2005. This function may be further delegated to the Deputy Secretary of Labor. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, Feb\177my 3, 2006. 273

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 Title 3--The President Presidential Determination No. 2006-9 of February 7, 2006 Determination to Waive Military Coup-Related Provision of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2006, with respect to Pakistan Memorandum for the Secretary of State Pursuant to tho authority vostod in mo by tho Constitution and laws of tho Unitod Statos, including sortion 534(j) of tho Foroign Oporations, Export Fi- nancing, and Rolatod Programs Appropriations Act, 2006 (tho "Act") (Pub- lic Law 109-102), and Public Law 107-57, as amended, I hereby determine and certify, with respect to Pakistan, that a waiver of section 508 of the Act: (a) would facilitate the transition to democratic rule in Pakistan; and (b) is important to United States efforts to respond to, deter, or prevent acts of international terrorism. Accordingly, I hereby waive, with respect to Pakistan, the prohibition con- tained in section 508 of such Act. You are authorized and directed to transmit this determination to the Con- gress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, Febtomy 7, 2006. Presidential Determination No. 2006-10 of February 7, 2006 Determination to Authorize a Drawdown for Afghanistan Memorandum for the Secretary of State [and] the Secretmy of Defense Pursuant to the authority vested in me by the Constitution and laws of the United States, including section 202 and other relevant provisions of the Afghanistan Freedom Support Act (Public Law \17707-327, as amended) and section 506 of the Foreign Assistance Act of \17796% as amended, 22 U.S.C. 23\1778, I hereby direct the drawdown of up to $16.998 million of defense ar- ticles, defense se\177wices, and military education and training from the De- partment of Defense for the Government of Afghanistan. This determination also amends PD 2005-\1779, signed January 27, 2005, by substituting "$7%502" therein for "$88.5". 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, Febi\177my 7, 2006. 274

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 Other Presidential Documents Notice of February 27, 2006 Continuation of the Nationa] Emergency B]ocking Property of Persons Undermining Democratic Processes or Institutions in Zimbabwe On March 6, 2003, by Executive Order 13288, I declared a national emer- gency blocking the property of persons undermining democratic processes or institutions in Zimbabwe, pursuant to the International Emergency Eco- nomic Powers Act (50 U.S.C. 170\177-\177706). I took this action to deal with the unusual and extraordinary threat to the foreign policy of the United States constituted by the actions and policies of certain members of the Government of Zimbabwe and other persons to undermine Zimbabwe's democratic processes or institutions, thus contributing to the deliberate breakdown in the rule of law in Zimbabwe, to politically motivated vio- lence and intimidation in that country, and to political and economic insta- bility in the southern African region. On November 22, 2005, I issued Exec- utive Order \177339\177 to take additional steps with respect to the national emergency declared in Executive Order 13288 and to block the property of additional persons undermining democratic processes or institutions in Zimbabwe. Because the actions and policies of these persons continue to pose an un- usual and extraordinary threat to the foreign policy of the United States, the national emergency declared on March 6, 2003, and the measures adopted on that date and on November 22, 2005, to deal with that emer- gency, must continue in effect beyond March 6, 2006. Therefore, in accord- ance 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 persons undermining democratic processes or institutions in Zimbabwe. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, February 27, 2006. Presidential Determination No. 2006-11 of February 28, 2006 Export-Import Bank Programs for or in Libya Memorandum for the Secreta\177:y of Sta\177e By the authority vested in me as President by the Constitution and laws of the United States of America, including sections 620A and 62\177 of the Foreign Assistance Act of \177961, as amended (22 U.S.C. 237\177 and 238\177), section \1773 in Division J of the Consolidated Appropriations Act, 2005 (Public Law 108-447): \177. I hereby determine that: (a) national security interests justify a waiver of the prohibition in sub- section (a) of section 620A of the Foreign Assistance Act of \17796\177 with 275

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 Title 3--The President respect to the provision of assistance under the Export-Import Bank Act of 1945, as amended (12 U.S.C. 635 et seq.), for Libya; and (b) it is important to the national security interests of the United States that direct loans, credits, insurance, and guarantees of the Export-Im- port Bank or its agents may be made available for or in Libya, notwith- standing section 507 or similar provisions in the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (Di- vision D of Public Law 108-447), or prior acts making appropriations for foreign operations, export financing, and related programs. 2. I hereby waive, through the date that is 24 months from the date of this memorandum, the prohibition in subsection (a) of section 620A of the Foreign Assistance Act of 1961 with respect to the provision of assistance under the Export-Import Bank Act of 1945, as amended, for Libya. 3. The function of the President under subsection (d) of section 620A of the Foreign Assistance Act of 1961 is assigned to the Secretary of State, ef- fective on the date that is 22 months from the date of this memorandum, with respect to provision of assistance under the Export-Import Bank Act of 1945, as amended, for Libya. You are authorized and directed to transmit this determination to the Con- gress and publish in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, Feb\177my 28, 2006. Notice of March 13, 2006 Continuation of the National Emergency With Respect to Iran On March 15, 1995, by Executive Order 12957, the President declared a na- tional emergency with respect to Iran pursuant to the International Emer- gency Economic Powers Act (50 U.S.C. 1701-1706) 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. On May 6, 1995, the President issued Executive Order 12959 imposing more comprehensive sanctions to further respond to this threat, and on August 19, 1997, the President issued Executive Order 13059 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 on March 15, 1995, must continue in effect beyond March 15, 2006. There- fore, 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 re- spect to Iran. Because the emergency declared by Executive Order 12957 constitutes an emergency separate from that declared on November 14, 1979, by Executive Order 12170, this renewal is distinct from the emer- gency renewal of November 2005. 276

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 Other Presidential Documents This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, March 13, 2006. Memorandum of April 6, 2006 Assignment of Reporting Function on Iraq Policy Under the National Defense Authorization Act for Fiscal Year 2006 Memorandum for the Secreta\177:y of State By virtue of the authority vested in me as President by the Constitution and laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 1227(c) of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163). You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 6, 2006. Presidential Determination No. 2006-12 of April 13, 2006 Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization (PLO) Office Memorandum for the Secreta\177y of State Pursuant to the authority and conditions contained in section 534(d) of the Foreign Operations, Export Financing, and Related Programs Appropria- tions Act, 2006, Public Law \17709-\17702, I hereby determine and certify that it is important to the national security interests of the United States to waive the provisions 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 13, 2006. 277

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 Title 3--The President Memorandum of April 17, 2006 Desi\365nation of Officers of the Social Security Administration Memorandum for the Commissioner of Social Security By the authority vested in me as President under the Constitution and the laws of the United States of America, including the Federal Vacancies Re- form Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that: Section 1. Order of Succession. During any period when both the Commissioner of Social Security (Com- missioner) and the Deputy Commissioner of Social Security (Deputy Com- missioner) have died, resigned, or otherwise become unable to perform the functions and duties of the office of Commissioner, the following officers of the Social Security Administration, in the order listed, shall perform the functions and duties of the office of Commissioner, if they are eligible to act as Commissioner under the provisions of the Federal Vacancies Reform Act of 1998, until such time as the Commissioner or Deputy Commissioner is able to perform the functions and duties of the office of Commissioner: Chief of Staff; Deputy Commissioner for Operations; Regional Commissioner, Philadelphia; and Regional Commissioner, Dallas. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section 1 in an acting capacity, by virtue of so serving, shall act as Commissioner pursuant to this memorandum. (b) Notwithstanding the provisions of this memorandum, the President retains discretion, to the extent permitted by the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., to depart from this memorandum in designating an acting Commissioner. Sec. 3. Prior Memorundum Superseded. This memorandum supersedes the Presidential Memorandum of May 9, 2002, entitled "Designation of Officers of the Social Security Administra- tion." Sec. 4. Publication. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Wushington, April 17, 2006. 278

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 Other Presidential Documents Presidential Determination No. 2006-13 of May 4, 2006 Determination Pursuant to Section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as Amended Memorandum/or the Secreta\177 o/State Pursuant to section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as amended, 22 U.S.C. 260\177(c)(\177), I hereby determine that it is impor- tant to the national interest that up to $28 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund to support un- expected urgent humanitarian needs related to the U.N. High Commissioner for Refugees' new role to protect and assist Internally Displaced Persons; refugee repatriation to Burundi and the Democratic Republic of Congo; ref- ugee feeding operations; and drought relief affecting conflict areas of Soma- lia. These funds may be used, as appropriate, to provide contributions to international, governmental, and non-governmental organizations, and, as necessary, for administrative expenses of the Bureau of Population, Refu- gees, and Migration. 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, May 4, 2006. Memorandum of May 5, 2006 Assignment of Function Relating to Granting of Authority for Issuance of Certain Directives Memorandum for the Director of National Inelligence By virtue of the authority vested in me by the Constitution and laws of the United States, including section 30\177 of title 3, United States Code, I hereby assign to you the function of the President under section \1773(b)(3)(A) of the Securities Exchange Act of 1934, as amended (\1775 U.S.C. 78m(b)(3)(A)). In performing such function, you should consult the heads of departments and agencies, as appropriate. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, May 5, 2006. 279

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 Title 3--The President Memorandum of May 5, 2006 Assignment of Functions Relating to Import Restrictions on Iraqi Antiquities Memorandum for the Secretazy of State and the Secretazy of Homeland Se- curi o Pursuant to the authority vested in me by the Constitution and ]aws of the United States, inc]uding section 301 of tit]e 3, United States Code, the functions of the President under section 3002 of the Emergency Protection for Iraqi Cu]tura] Antiquities Act of 2004 (tit]e III of Pub]it Law 108-420) are assigned to the Secretary of State. In the performance of such functions, the Secretary of State sha]] consu]t the Secretary of Homo]and Security and the heads of other departments and agencies, as appropriate. The Secretary of State is authorized and directed to pub]ish this memo- randurn in the Federal Re\365ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, May 5, 2006. Memorandum of May 5, 2006 Certain Programs To Build the Capacity of Foreign Military Forces and Related Reporting Requirements Memorandum for the the Secretmy of State, the Secretazy of Defense, and the Director of the Office of Management and Budget Pursuant to the authority vested in me by the Constitution and ]aws of the United States, inc]uding section 30\177 of tit]e 3, United States Code and sec- tion \177206 of the Nationa] Defense Authorization Act for Fisca] Year 2006 (Pub]ic Law \17709-\17763), I direct the Secretary of Defense to conduct or sup- port, within avai]ab]e appropriations, programs that comp]y with section 1206 for the fo]]owing countries: A]geria, the Bahamas, Cameroon, Chad, Dominican Republic, Equatorial Guinea, Gabon, Indonesia, Jamaica, Leb- anon, Morocco, Nigeria, Pakistan, Panama, Sao Tome and Principe, Sen- egal, Sri Lanka, Thailand, Tunisia, and Yemen. The function of the President under subsection (f) of section \177206 is as- signed to the Secretary of State. In performing such function, the Secretary of State shou]d consu]t with the Secretary of Defense and the Director of the Office of Management and Budget. 280

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