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 Executive Orders EO 13392 (it) The plan shall include specific activities that the agency will imple- ment to eliminate or reduce the agency's FOIA backlog, including (as ap- plicable) changes that will make the processing of FOIA requests more streamlined and effective, as well as increased reliance on the dissemina- tion of records that can be made available to the public through a website or other means that do not require the public to make a request for the records under the FOIA. (iii) The plan shall also include activities to increase public awareness of FOIA processing, including as appropriate, expanded use of the agen- cy's Center and its FOIA Public Liaisons. (iv) The plan shall also include, taking appropriate account of the re- sources available to the agency and the mission of the agency, concrete milestones, with specific timetables and outcomes to be achieved, by which the head of the agency, after consultation with the OMB Director, shall measure and evaluate the agency's success in the implementation of the plan. (c) Agency Reports to the Attorney General and OMB Director. (i) The head of each agency shall submit a report, no later than 6 months from the date of this order, to the Attorney General and the OMB Direc- tor that summarizes the results of the review under section 3(a) of this order and encloses a copy of the agency's plan under section 3(b) of this order. The agency shall publish a copy of the agency's report on the agency's website or, in the case of an agency without a website, on the Firstgov.gov website, or, in the case of any agency with neither a website nor the capability to publish on the Firstgov.gov website, in the Federal Register. (it) The head of each agency shall include in the agency's annual FOIA reports for fiscal years 2006 and 2007 a report on the agency's develop- ment and implementation of its plan under section 3(b) of this order and on the agency's performance in meeting the milestones set forth in that plan, consistent with any related guidelines the Attorney General may issue under section 552(e) of title 5, United States Code. (iii) If the agency does not meet a milestone in its plan, the head of the agency shall: (A) identify this deficiency in the annual FOIA report to the Attorney General; (B) explain in the annual report the reasons for the agency's failure to meet the milestone; (C) outline in the annual report the steps that the agency has already taken, and will be taking, to address the deficiency; and (D) report this deficiency to the President's Management Council. Sec. 4. Attorney General. (a) Report. The Attorney General, using the reports submitted by the agencies under subsection 3(c)(i) of this order and the information sub- mitted by agencies in their annual FOIA reports for fiscal year 2005, shall submit to the President, no later than l0 months from the date of this order, a report on agency FOIA implementation. The Attorney General shall consult the OMB Director in the preparation of the report and shall include in the report appropriate recommendations on administrative or other agency actions for continued agency dissemination and release of

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 EO 13393 Title 3--The President public information. The Attorney General shall thereafter submit two fur- ther annual reports, by June 1, 2007, and June 1, 2008, that provide the President with an update on the agencies' implementation of the FOIA and of their plans under section 3(b) of this order. (b) Guidance. The Attorney General shall issue such instructions and guidance to the heads of departments and agencies as may be appropriate to implement sections 3(b) and 3(c) of this order. Sec. 5. OMB Director. The OMB Director may issue such instructions to the heads of agencies as are necessary to implement this order, other than sec- tions 3(b) and 3(c) of this order. Sec. 6. Definitions. As used in this order: (a) the term "agency" has the same meaning as the term "agency" under section 552(0(1) of title 5, United States Code; and (b) the term "record" has the same meaning as the term "record" under section 552(0(2) of title 5, United States Code. Sec. 7. General Provisions. (a) The agency reviews under section 3(a) of this order and agency plans under section 3(b) of this order shall be conducted and developed in ac- cordance with applicable law and applicable guidance issued by the Presi- dent, the Attorney Genera], and the OMB Director, including the laws and guidance regarding information technology and the dissemination of infor- mation. (b) This order: (i) shall be implemented in a manner consistent with applicable law and subject to the availability of appropriations; (ii) shall not be construed to impair or otherwise affect the functions of the OMB Director relating to budget, legislative, or administrative pro- posa]s; and (iii) is intended only to improve the internal management of the execu- tive branch and is not intended to, and does not, create any right or ben- efit, substantive or procedural enforceable at law or in equity by a party against the United States, its departments, agencies, instrumenta]ities, or entities, its officers or employees, or any other person. GEORGE W. BUSH The White House, December 14, 2005. Executive Order 13393 of December 22, 2005 Adjustments of Certain Rates of Pay By the authority vested in me as President by the Constitution and the laws of the United States of America, including the laws cited herein, it is here- by ordered as follows: Section 1. Statutmy Pay Systems. The rates of basic pay or salaries of the statutory pay systems (as defined in 5 U.S.C. 5302(1)), as adjusted under 220

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 Executive Orders EO 13393 5 U.S.C. 5303(a), are sot 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; section 3(d) of Public Law 108-445) 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) 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, and section 405 of Public Law 109-115) at Schedule 7. Sec. 4. Uniformed Services. Pursuant to section 601(a)-(b) of Public Law 108-375, 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. Locality-Based Comparability Payments. (a) Pursuant to section 5304 of title 5, United States Code, and section 843 of Public Law 109-115, locality-based comparability payments shall be paid in accordance with Schedule 9 attached hereto and made a part here- of. (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 administra- tive law judges, as adjusted under 5 U.S.C. 5372(b)(4), are set forth on Schedule 10 attached hereto and made a part hereof. Sec. 7. Ef]\177ctive Dates. Schedule 8 is effective on January 1, 2006. The other schedules contained heroin are effective on the first day of the first applicable pay period beginning on or after January % 2006. Sec. 8. Prior Order Superseded. Executive Order 13368 of December 30, 2004, is superseded. GEORGE W. BUSH The White House, December 22, 2005. 221

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 EO 13393 Title 3--The President SCHEDULE 3--VETERANS \177EALTHADMINISTRATION SCHEDULES DEPARTMENT OF VETEP\177%NS AFFAIRS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2006) Schedule for the Office of the Under Secretary for Health (38 U.S.C. 7306)* Assistant Under Secretaries for Health .............. 144,459 ** (only applies to incumbents who are not physicians or dentists) Minimum Maximum Service Directors ................... 107,320 133,284 Director, National Center for Preventive Health ................ 91,507 133,284 Physician and Dentist Base and Longevity Schedule*** Physician Grade .................... 90,000 $132,000 Dentist Grade ..................... 90,000 132,000 Clinical Podiatrist, Chiropractor, and Optometrist Schedule Chief Grade ...................... $91,507 $118,957 Senior Grade ...................... 77,793 101,130 Intermediate Grade ................... 65,832 85,578 Full Grade ....................... 55,360 71,965 Associate Grade .................... 46,189 60,049 Physician Assistant and Expanded-Function Dental Auxiliary Schedule **** Director Grade ..................... $91,507 $118,957 Assistant Director Grade ................ 77,793 101,130 Chief Grade ...................... 65,832 85,578 Senior Grade ...................... 55,360 71,965 Intermediate Grade ................... 46,189 60,049 Full Grade ....................... 38,175 49,632 Associate Grade .................... 32,851 42,706 Junior Grade ...................... 28,085 36,509 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 section 7431 of title 38, United States Code, for physicians and dentists, and under section 7451 of title 38, United States Code, for registered nurses. basic pay payable to these employees is limited to the rate for level V of the Executive Schedule, which is $133,900. United States Code, Veterans Health Administration physicians and dentists may also be paid market pay and performance pay. according to the Nurse Schedule in section 4107(b) of title 38, United States Code, as in effect on August 14, 1990, with subsequent adjustments. 224
 * This schedule does not apply to the Deputy Under Secretary for Health, the
 * Pursuant to section 7404(d) of title 38, United States Code, the rate of
 * Pursuant to section 3 of Public Law 108-445 and section 7431 of title 38,
 * Pursuant to section 301(a) of Public Law 102-40, these positions are paid

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 Executive Orders EO 13393 SCHEDULE 4--SENIOR EXECUTIVE SERVICE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2006) Agencies with a Certified SES Minimum Maximum Performance Appraisal System .......... $109,808 $165,200 Agencies without a Certified SES Performance Appraisal System .......... $109,808 $152,000 SCHEDULE 5--EXECUTIVE SCHEDULE (Effective on the first day of the first applicable pay period beginning on or after January 1, 2006) Level I .......................... $183,500 Level II .......................... 165,200 Level III .......................... 152,000 Level IV .......................... 143,000 Level V .......................... 133,900 SCHEDULE 6--VICE PRESIDENT AND MEMBERS OF CONGRESS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2006) Vice President ....................... $212,100 Senators .......................... 165,200 Members of the House of Representatives ........... 165,200 Delegates to the House of Representatives. . .. ....... 165,200 Resident Commissioner from Puerto Rico ........... 165,200 President pro tempore of the Senate ............. 183,500 Majority leader and minority leader of the Senate ...... 183,500 Majority leader and minority leader of the House of Representatives .................... 183,500 Speaker of the House of Representatives ........... 212,100 SCHEDULE 7--JUDICIAL SALARIES (Effective on the first day of the first applicable pay period beginning on or after 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 ......... 165,200 225

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 EO 13393 Title 3--The President SCHEDULE 8-PAY OF THE UNIFORMED SERVICES (PAGE 3) Part II-\177ATE OF MONTHLY CADET OR MIDSHIPMAN PAY The rate of monthly cadet or midshipman pay authorized by section 203(c) of title 37, United States Code, is $845.70. 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. 228

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 Executive Orders EO 13393 SCHEDULE 9--LOCAlITY-BASED COMPARABILITY PAYMENTS (Effective on the first day of the first applicable pay period beginning on or after January 1, 2006) Locality Pay Area 1 Rate Atlanta-Sandy Springs-Gainesville, GA-AL ......... 15.10% Boston-Worcester-Manchester, MA-NH-ME-RI ......... 19.99% Buffalo-Niagara-Cattaraugus, NY ............. 13.52% Chicago-Naperville-Michigan City, IL-IN-WI ........ 21.15% Cincinnati-Middletown-Wilmington, OH-KY-IN ....... 17.08% Cleveland-Akron-Elyria, OH ............... 15.41% Columbus-Marion-Chillicothe, OH ............. 14.85% Dallas-Fort Worth, TX .................. 16.39% Dayton-Springfield-Greenville, OH ............ 13.83% Denver-Aurora-Boulder, CO ................ 19.49% Detroit-Warren-Flint, MI ................ 21.00% Hartford-West Hartford-Willimantic, CT-MA ........ 21.30% Houston-Baytown-Huntsville, TX ............. 26.37% Huntsville-Decatur, AL .................. 13.35% Indianapolis-Anderson-Columbus, IN ............ 12.85% Los Angeles-Long Beach-Riverside, CA ........... 23.18% Miami-Fort Lauderdale-Miami Beach, FL .......... 17.84% Milwaukee-Racine-Waukesha, WI .............. 14.74% Minneapolis-St. Paul-St. Cloud, MN-WI .......... 17.31% New York-Newark-Bridgeport, NY-NJ-CT-PA ......... 22.97% Philadelphia-Camden-Vineland, PA-NJ-DE-MD ....... 18.04% Phoenix-Mesa-Scottsdale, AZ ............... 12.65% Pittsburgh-New Castle, PA ................ 13.81% Portland-Vancouver-Beaverton, OR-WA ........... 17.16% Raleigh-Durham-Cary, NC ................. 15.57% Richmond, VA ....................... 14.15% Sacramento--Arden-Arcade--Truckee, CA-NV ........ 17.91% San Diego-Carlsbad-San Marcos, CA ............ 19.19% San Jose-San Francisco-Oakland, CA ........... 28.68% Seattle-Tacoma-Olympia, WA ................ 17.93% Washington-Baltimore-Northern Virginia, DC-MD-PA-VA-WV 17.50% Rest of U.S ....................... 12.52% SCHEDULE 10-ADMINISTRATIVE LAW JUDGES (Effective on the first day of the first applicable pay period beginning on or after January 1, 2006) AL-3/A ........................... $95,500 AL-3/B ........................... 102,700 AL-3/C ........................... 110,100 AL-3/D ........................... 117,400 AL-3/E ........................... 124,800 AL-3/F ........................... 132,000 AL-2 ............................ 139,500 AL-1 ............................ 143,000 1Locality Pay Areas are defined in 5 CFR 531.603. 229

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 EO 13394 Title 3--The President Executive Order 13394 of December 22, 2005 Providing an Order of Succession Within the Department of Defense By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Federal Vacancies Reform Act of 1998, 5 U.S.C. 3345 et. seq., it is hereby ordered as follows: Section 1. Subject to the provisions of section 3 of this order, the officers named in section 2, in the order listed, shall act as and perform the func- tions and duties of the office of the Secretary of Defense (Secretary) during any period when the Secretary has died, resigned, or is otherwise unable to perform the functions and duties of the office of Secretary. Sec. 2. Order of Succession. (a) Deputy Secretary of Defense; (b) Under Secretary of Defense for Intelligence; (c) Under Secretary of Defense for Policy; (d) Under Secretary of Defense for Acquisition, Technology, and Logis- tics; (e) Secretary of the Army; (f) Secretary of the Air Force; (g) Secretary of the Navy; (h) Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense (Comptroller); (i) Deputy Under Secretary of Defense for Acquisition and Technology, Deputy Under Secretary of Defense for Policy, and Deputy Under Secretary of Defense for Personnel and Readiness; (j) General Counsel of the Department of Defense, the Assistant Secre- taries of Defense, and the Director of Operational Test and Evaluation; (k) Deputy Under Secretary of Defense for Logistics and Material Readi- ness and the Director of Defense Research and Engineering; (1) Under Secretaries of the Army, the Navy, and the Air Force; and (m) Assistant Secretaries of the Army, the Navy, and the Air Force, and General Counsels of the Army, the Navy, and the Air Force. Sec. 3. Exceptions. (a) No individual who is serving in an office listed in section 2(a)-(m) in an acting capacity shall act as Secretary pursuant to this order. (b) Precedence among officers designated within the same subsection of section 2 of this order shall be determined by the order in which they have been appointed to such office by the President. Where officers designated within the same subsection of section 2 of this order are appointed on the same date, precedence will be determined by the order in which they have taken the oath to serve in that office. 230

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 Executive Orders EO 13394 (c) Notwithstanding the provisions of this order, the President retains discretion, to the extent permitted by law, to depart from this order in des- ignating an acting Secretary. Sec. 4. Judicial BeyJew. This order is intended to improve the internal man- agement of the executive branch and is not intended to, and does not, cre- ate any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, en- tities, officers, employees or agents, or any other person. See. 5. l\177evocation. Executive Order No. 13000 of April 24, 1996, and the President's memorandum of June 2, 2005, entitled: "Order of Succession of Officers to Act as Secretary of Defense," are hereby revoked. GEORGE W. BUSH The White House, December 22, 2005. 231

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 OTHER PRESIDENTIAL DOCUMENTS P\177ge Subchapter A-- [Reserved] Subchapter B-- Administrative Orders ............................................... 233 Subchapter C-- Reorganization Plans .................................................. [None] Subchapter D-- Designations ............................................................... [None] Subchapter B-- Administrative Orders Presidential Determination No. 2005-16 of January 4, 2005 Provision of Emergency Disaster Relief Assistance to Twelve Countries Affected by the Asian Tsunami, including the Dradown Under Section 506(a)(2) of the Foreign Assistance Act of 1961, as Amended, of Articles and Services Memorandum for the Secretary of State [and/the Secretary of Defense Pursuant to the authority vested in me by the Constitution and the laws of the United States, including my authority as Commander in Chief, I hereby direct the Secretary of Defense to provide such disaster assistance to Indonesia, Thailand, Sri Lanka, India, Maidives, Malaysia, Burma, Kenya, Somalia, Tanzania, Bangladesh, and the Seychelles as is necessary to prevent further loss of life, as determined by the Secretary of Defense and the Secretary of State. In addition, pursuant to section 506(a)(2) of the Foreign Assistance Act of 1961, as amended, 22 U.S.C. 2318(a)(2) (FAA), I hereby determine that it is in the national interest of the United States to draw down articles and services from the inventory and resources of the Department of Defense, for the purpose of providing international disaster relief assistance to countries affected by the Asian tsunami. I therefore direct the drawdown of up to $65 million of defense articles and services from the inventory and resources of the Department of Defense for 233

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 Title 3--The President these countries for the purposes and under the authorities of chapter 9 of part I of the FAA related to international disaster assistance. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to arrange for its publication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, January 4, 2005. Presidential Determination No. 2005-17 of January 7, 2005 Implementation of Section 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law o7-zzs) Memorandum for the Secretaz\177 of State Consistent with the authority contained in section 604 of the Foreign Rela- tions Authorization Act, Fiscal Year 2003 (Public Law 107-228) (the "Act"), and with reference to the determinations set out in the report to Congress transmitted on the date hereof, pursuant to section 603 of that Act, regarding noncompliance by the PLO and the Palestinian Authority with certain commitments, I hereby impose the sanction set out in section 604 (a) (2), "Downgrade in Status of the PLO Office in the United States." This sanction is imposed for a period of 180 days from the date hereof or until such time as the next report required by section 603 of the Act is transmitted to the Congress, whichever is later. You are authorized and directed to transmit to the appropriate congres- sional committees the report prepared by my Administration that is de- scribed in section 603 of the Act. Furthermore, I hereby determine that it is in the national security interest of the United States to waive that sanction, pursuant to section 604(c) of the Act. This waiver shall be effective for a period of 180 days from the date hereof or until such time as the next report required by section 603 of the Act is transmitted to the Congress, whichever is later. 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, Junuu\177 7, 2005. 234

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 Other Presidential Documents Presidential Determination No. 2005-18 of January 13, 2005 Extension of Waiver of Section 907 of the FREEDOM Support Act with respect to Assistance to the Government of Azerbaijan Memorandum for the Secretary of State Pursuant to the authority contained in title II of the Kenneth M. Luddon Foreign Operations, Export Financing, and Related Programs Appropria- tions Act, 2002 (Public Law 107-115), I hereby determine and certify that extending the waiver of section 907 of the FREEDOM Support Act of 1992 (Public Law \17702-5\177): \337 is necessary to support United States efforts to counter international terrorism; \337 is necessary to support the operational readiness of United States Armed Forces or coalition partners to counter international ter- rorism; \337 is important to Azerbaijan's border security; and \337 will not undermine or hamper ongoing efforts to negotiate a peace- ful settlement between Armenia and Azerbaijan or be used for of- fensive purposes against Armenia. Accordingly, I hereby extend the waiver of section 907 of the FREEDOM Support Act. You are authorized and directed to notify the Congress of this determina- tion and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, January 13, 2005. Notice of January 17, 2005 Continuation of the National Emergency With Respect to Terrorists Who Threaten To Disrupt the Middle East Peace Process On January 23, \177995, by Executive Order 12947, the President declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. a70a-a706) 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, \177998, by Executive Order 13099, the President modified the Annex to Executive Order a2947 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 235

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 Title 3--The President national security, foreign policy, and economy of the United States, the na- tional emergency declared on January 23, 1995, as expanded on August 20, 1998, and the measures adopted on those dates to deal with that emergency must continue in effect beyond January 23, 2005. 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, January 17, 2005. Presidential Determination No. 2005-19 of January 27, 2005 Determination to Authorize a Drawdown for Afghanistan Memorundum for Seceretu\177y of Stute [und] the Secretmy o/Defense Pursuant to the authority vested in me by the Constitution and ]aws of the United States, inc]uding section 202 and other re]evant provisions of the Afghanistan Freedom Support Act (Pub]Jr 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 $88.5 mi]]ion of defense arti- cles, defense services, and mi]itary education and training from the Depart- ment of Defense for the Government of Afghanistan. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to arrange for its pub]ication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, January 27, 2005. Memorandum of February 9, 2005 Delegation of Reporting Authority Memorandum for the Chairman of the Railroad Retirement Board By the authority vested in me as President by the Constitution and the laws of the United States, including section 30\177 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by section 7(b)(6) of the Railroad Retirement Act and section \1772(1) of the Railroad Unemployment Insurance Act to provide the specified re- port to the Congress. 236

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 Other Presidential Documents You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, Februm:y 9, 2005. Presidential Determination No. 2005-20 of February 10, 2005 Waiving Prohibition on Use of Fiscal Year 2005 Economic Support Funds with Respect to Jordan Memorandum for Secretmy of State Consistent with the authority vested in me by section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (the "Act"), Division D of Public Law 108-447, I hereby: \337 Determine that it is important to the national security interests of the United States to waive, for a period of 6 months from the date of this determination, the prohibition of section 574(a) of the Act with respect to Jordan; and \337 Waive the prohibition with respect to this country for that period. You are authorized and directed to report this determination to the Con- gress, and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, Februmy 10, 2005. Presidential Determination No. 2005-21 of February 15, 2005 Determination to Waive Military Coup-Related Provisions of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005, with Respect to Pakistan Memorandum for the Secretazy of State Pursuant to the authority vested in me by the Constitution and laws of the United States, including Public Law 107-57, as amended, I hereby deter- mine and certify, with respect to Pakistan, that a waiver of any provision of the Foreign Operations, Export Financing, and Related Program Appro- priations Act, 2005 (Division D, Public Law \17708-447), that prohibits direct assistance to the government of any country whose duly elected head of government was deposed by decree or military coup: \337 would facilitate the transition to democratic rule in Pakistan; and 237

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 Title 3--The President \337 is important to United States efforts to respond to, deter, or prevent acts of international terrorism. Accordingly, I hereby waive, with respect to Pakistan, any such provision. 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, Febz\177uzy 15, 2005. Memorandum of February 17, 2005 Delegation of Reporting Authority Memorandum for the Director of the National Science Foundation By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby delegate to you the functions and authority conferred upon the President by Public Law 98-373 (15 U.S.C. 4107(b) and 4108(a)), to provide the specified report and plan to the Congress. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, Febz,aat\177y 17, 2005. Memorandum of February 18, 2005 Assignment of Certain Functions Relating to Climate Change Reporting Activities Memorandum for the Director of the Office of Management and Budget By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the function of the President under section 576(b) of the Foreign Operations, Export Financing, and Related Programs Appro- priations Act, 2005 (Division D of Public Law 108-447). Heads of depart- ments and agencies shall furnish promptly to the Director of the Office of Management and Budget, to the extent permitted by law, information the Director requests to perform such function. Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. 238

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 Other Presidential Documents You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington. Febt,am:y 18. 2005. Notice of February 18, 2005 Continuation of the National Emergency Relating to Cuba and the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels On March 1, 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, 1996, destruction by the Cuban gov- ernment of two unarmed U.S.-registered civilian aircraft in international airspace north of Cuba. In July 1996 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. Further, Cuba's most senior officials re- peatedly asserted that the United States intended to invade Cuba, despite explicit denials from the U.S. Secretaries of State and Defense that such ac- tion is planned. Therefore, in accordance with section 202(d) of the Na- tional Emergencies Act (50 U.S.C. 1622(d)), I am continuing 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 Proclama- tion 6867 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, Februa\177:y 18, 2005. 239

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 Title 3--The President Notice of March 2, 2005 Continuation of the National Emergency Blocking 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. 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 to deal with that emergency, must continue in effect beyond March 6, 2005. 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 blocking the property of 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, March 2, 2005. Notice of March 10, 2005 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, including its support for international terrorism, ef- forts to undermine the Middle East peace process, and acquisition of weap- ons of mass destruction and the means to deliver them. On May 6, 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. 240

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United States Code/Title 11/Chapter 7/Section 704

§ 704. Duties of trustee

 * (a) The trustee shall—
 * (1) collect and reduce to money the property of the estate for which such trustee serves, and close such estate as expeditiously as is compatible with the best interests of parties in interest;
 * (2) be accountable for all property received;
 * (3) ensure that the debtor shall perform his intention as specified in section 521 (2)(B) of this title;
 * (4) investigate the financial affairs of the debtor;
 * (5) if a purpose would be served, examine proofs of claims and object to the allowance of any claim that is improper;
 * (6) if advisable, oppose the discharge of the debtor;
 * (7) unless the court orders otherwise, furnish such information concerning the estate and the estate’s administration as is requested by a party in interest;
 * (8) if the business of the debtor is authorized to be operated, file with the court, with the United States trustee, and with any governmental unit charged with responsibility for collection or determination of any tax arising out of such operation, periodic reports and summaries of the operation of such business, including a statement of receipts and disbursements, and such other information as the United States trustee or the court requires;
 * (9) make a final report and file a final account of the administration of the estate with the court and with the United States trustee;
 * (10) if with respect to the debtor there is a claim for a domestic support obligation, provide the applicable notice specified in subsection (c);
 * (11) if, at the time of the commencement of the case, the debtor (or any entity designated by the debtor) served as the administrator (as defined in section 3 of the Employee Retirement Income Security Act of 1974) of an employee benefit plan, continue to perform the obligations required of the administrator; and
 * (12) use all reasonable and best efforts to transfer patients from a health care business that is in the process of being closed to an appropriate health care business that—
 * (A) is in the vicinity of the health care business that is closing;
 * (B) provides the patient with services that are substantially similar to those provided by the health care business that is in the process of being closed; and
 * (C) maintains a reasonable quality of care.

 * (b)
 * (1) With respect to a debtor who is an individual in a case under this chapter—
 * (A) the United States trustee (or the bankruptcy administrator, if any) shall review all materials filed by the debtor and, not later than 10 days after the date of the first meeting of creditors, file with the court a statement as to whether the debtor’s case would be presumed to be an abuse under section 707 (b); and
 * (B) not later than 7 days after receiving a statement under subparagraph (A), the court shall provide a copy of the statement to all creditors.
 * (2) The United States trustee (or bankruptcy administrator, if any) shall, not later than 30 days after the date of filing a statement under paragraph (1), either file a motion to dismiss or convert under section 707 (b) or file a statement setting forth the reasons the United States trustee (or the bankruptcy administrator, if any) does not consider such a motion to be appropriate, if the United States trustee (or the bankruptcy administrator, if any) determines that the debtor’s case should be presumed to be an abuse under section 707 (b) and the product of the debtor’s current monthly income, multiplied by 12 is not less than—
 * (A) in the case of a debtor in a household of 1 person, the median family income of the applicable State for 1 earner; or
 * (B) in the case of a debtor in a household of 2 or more individuals, the highest median family income of the applicable State for a family of the same number or fewer individuals.

 * (c)
 * (1) In a case described in subsection (a)(10) to which subsection (a)(10) applies, the trustee shall—
 * (A)
 * (i) provide written notice to the holder of the claim described in subsection (a)(10) of such claim and of the right of such holder to use the services of the State child support enforcement agency established under sections 464 and 466 of the Social Security Act for the State in which such holder resides, for assistance in collecting child support during and after the case under this title;
 * (ii) include in the notice provided under clause (i) the address and telephone number of such State child support enforcement agency; and
 * (iii) include in the notice provided under clause (i) an explanation of the rights of such holder to payment of such claim under this chapter;
 * (B)
 * (i) provide written notice to such State child support enforcement agency of such claim; and
 * (ii) include in the notice provided under clause (i) the name, address, and telephone number of such holder; and
 * (C) at such time as the debtor is granted a discharge under section 727, provide written notice to such holder and to such State child support enforcement agency of—
 * (i) the granting of the discharge;
 * (ii) the last recent known address of the debtor;
 * (iii) the last recent known name and address of the debtor’s employer; and
 * (iv) the name of each creditor that holds a claim that—
 * (I) is not discharged under paragraph (2), (4), or (14A) of section 523 (a); or
 * (II) was reaffirmed by the debtor under section 524 (c).
 * (2)
 * (A) The holder of a claim described in subsection (a)(10) or the State child support enforcement agency of the State in which such holder resides may request from a creditor described in paragraph (1)(C)(iv) the last known address of the debtor.
 * (B) Notwithstanding any other provision of law, a creditor that makes a disclosure of a last known address of a debtor in connection with a request made under subparagraph (A) shall not be liable by reason of making such disclosure.


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 Other Presidential Documents 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 \1775, 2005. There- fore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for \177 year the national emergency with re- spect to Iran. Because the emergency declared by Executive Order \1772957 constitutes an emergency separate from that declared on November 14, \177979, by Executive Order \1772\17770, this renewal is distinct from the emer- gency renewal of November 2004. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, March 10, 2005. Memorandum of March 14, 2005 Delegation of Reporting Function Related to the Sudan Peace Act Memorandum for the Secretary of State By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 30\177 of title 3, United States Code, I hereby delegate to you the reporting function conferred upon the President by section 6(0) of the Sudan Peace Act (Public Law 107-245). You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, March 14, 2005. Memorandum of March 31, 2005 Assignment of Function to Submit a Report Relating to Millennium Challenge Corporation Activities Memorandum for the Secretary of State Consistent with section 30\177 of title 3, United States Code, the function of the President under section 6\1773 of the Foreign Operations, Export Financ- ing, and Related Programs Appropriations Act, 2004 (Division D of Public Law \17708-\17799) is assigned to the Secretary of State. The Secretary of State shall perform such function in a manner consistent with the President's constitutional authority to withhold information the 241

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 Title 3--The President disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Execu- tive's constitutional duties. Heads of departments and agencies shall, to the extent permitted by law, furnish to the Secretary information the Secretary requests to perform such function, in the format and on the schedule speci- fied by the Secretary. Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, March 31, 2005. Presidential Determination No. 2005-22 of April 14, 2005 Waiver and Certification of Statutory Provisions Regarding the Palestine Liberation Organization Memorandum for the Secretary 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, 2005, Public Law 108-447, 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 14, 2005. 242

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 Other Presidential Documents Memorandum of April 21, 2005 Assignment of Reporting Functions under the Intelligence Reform and Terrorism Prevention Act of 2004 Memorandum/or the Sectcrazy of State[,] the Sectcrazy o/Defense[,] the Di- rector of National Intelligence[,] the Attorney General[, and] the Secretazy of Home]and Security By the authority vested in me as President by the Constitution and ]aws of the United States, inc]uding section 301 of tit]e 3, United States Code: 1. The reporting functions of the President under sections 4026(a)(4)(A), 4026(c)(2), 7\17704(e)(4)(A), 7202(d), 7204(c)(\177)-(2), and 7\1779(a) of the Inte]- ligence Reform and Terrorism Prevention Act of 2004 (Public Law 108- 458, \1778 Stat. 3638) (the "Act") are hereby assigned to the Secretary of State. The reporting function under section 7202(d) of the Act on the Human Smuggling and Trafficking Center shall be coordinated with the Attorney General and the Secretary of Homeland Security. Heads of departments and agencies shall, to the extent permitted by law, furnish to the Secretary of State information the Secretary requests to perform such functions, in the format and on the schedule specified by the Secretary. 2. The reporting function of the President under section 7\17704(i) of the Act is hereby assigned to the Secretary of Defense. Heads of departments and agencies shall, to the extent permitted by law, furnish to the Secretary of Defense information the Secretary requests to perform such functions, in the format and on the schedule specified by the Secretary. 3. The reporting functions under sections \177022 and 1094 of the Act are hereby assigned to the Director of National Intelligence. Heads of departments and agencies shall, to the extent permitted by law, furnish to the Director of National Intelligence information the Director requests to perform such functions, in the format and on the schedule specified by the Director. The Secretaries of State and Defense, and the Director of National Intel- ligence shall perform such functions in a manner consistent with the Presi- dent's constitutional authority to withhold information the disclosure of which could impair foreign relations, national security, the deliberative processes of the Executive, or the performance of the Executive's constitu- tional duties. Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. 243

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 Title 3--The President The Secretary of State is authorized and directed to publish this memo- randum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 21, 2005. Memorandum of April 21, 2005 Effective Dates of Provisions in Title I of the Intelligence Reform and Terrorism Prevention Act of 2004 Memorandum for the Secretary of State[,] the Secretary of the Tmasmy[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Energy[,] the Secretazy of Homeland Security[,] the Director of the Office of Manage- ment and Budget[, and] the Director of National Intelligence Subsection 1097(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458, December \1777, 2004)(the Act) provides: (a) IN GENERAL- Except as otherwise expressly provided in this Act, this title and the amendments made by this title shall take effect not later than 6 months after the date of the enactment of this Act. Subsection \177097(a) clearly contemplates that one or more of the provisions in Title I of the Act may take effect earlier than the date that is 6 months after the date of enactment of the Act, but does not state explicitly the mechanism for determining when such earlier effect shall occur, leaving it to the President in the execution of the Act. Moreover, given that section \177097(a) evinces a legislative intent to afford the President flexibility, and such flexibility is constitutionally appropriate with respect to intelligence matters (see United States v. CurUss-Wright Export Corporation, 299 U.S. 304 (\177936)), the executive branch shall construe section 1097(a) to author- ize the President to select different effective dates that precede the 6-month deadline for different provisions in Title I. Therefore, pursuant to the Constitution and the laws of the United States of America, including subsection \177097(a) of the Act, I hereby determine and direct: \177. Sections \177097(a) and \177103 of the Act, relating respectively to effective dates of provisions and to severability, shall take effect immediately upon the signing of this memorandum to any extent that they have not already taken effect. 2. Provisions in Title I of the Act other than those addressed in num- bered paragraph \177 of this memorandum shall take effect immediately upon the signing of this memorandum, except: (a) any provision in Title I of the Act for which the Act expressly pro- vides the date on which the provision shall take effect; and (b) sections \17702\177 and \177092 of the Act, relating to the National Counterterrorism Center. 244

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 Other Presidential Documents The taking of effect of a provision pursuant to section 1097(a) of the Act and this memorandum shall not affect the construction of such provision by the executive branch as set forth in my Statement of December 17, 2004, upon signing the Act into law. The Director of the Office of Management and Budget is authorized and di- rected to publish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 21, 2005. Order of April 21, 2005 Designation Under Executive Order 12958 Consistent with the provisions of section %3 of Executive Order \1772958 of April \1777, \177995, as amended, entitled "Classified National Security Informa- tion," I hereby designate the following officers to classify information origi- nally as "Top Secret:" Director of National Intelligence; and Director of the Central Intelligence Agency. Any delegation of this authority shall be in accordance with section 1.3(c) of Executive Order \1772958, as amended. This order shall be published in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 21, 2005. Presidential Determination No. 2005-23 of April 29, 2005 Determination Pursuant to Section 2(c)(1) of the Migration and Refugee Assistance Act of 1962, as Amended Memorandum for the Secreta\177 of State Pursuant to section 2(c)(\177) of the Migration and Refugee Assistance Act of \177962, as amended, 22 U.S.C. 260\177(c)(1), I hereby determine that it is impor- tant to the national interest that up to $34.7 million be made available from the U.S. Emergency Refugee and Migration Assistance Fund to support un- expected urgent humanitarian needs in the West Bank and Gaza, and ref- ugee repatriation to Burundi and the Democratic Republic of the Congo. These funds may be used, as appropriate, to provide contributions to inter- national, governmental, and nongovernmental organizations, and, as nec- essary, for administrative expenses of the Bureau of Population, Refugees, and Migration. 245

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 Title 3--The President You are authorized and directed to inform the appropriate committees of the Congress of this determination and the obligation of funds under this authority, and to arrange for the publication of this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 29, 2005. Memorandum of May 5, 2005 Designation of Officers of the Office of Personnel Management to Act as Director of the Office of Personnel Management Memorandum for the Director of the Ofl)'ce of Personnel Management By the authority vested in me as President under the Constitution and laws of the United States of America and pursuant to the Federal Vacancies Re- form Act of 1998, 5 U.S.C. 3345 et seq., I hereby order that: Section 1. Order of Succession. During any period when the Director of the Office of Personnel Manage- ment (Director), or the Deputy Director of the Office of Personnel Manage- ment, has died, resigned, or otherwise become unable to perform the func- tions and duties of the office of Director, the following officers of the Office of Personnel Management, in the order listed, shall perform the functions and duties of the office of Director, if they are eligible to act as Director under the provisions of the Federal Vacancies Reform Act of 1998, until such time as at least one of the officers mentioned above is able to perform the functions and duties of the office of Director: General Counsel; Chief of Staff; Director, Office of Communications and Public Liaison; Director, Office of Congressional Relations; Associate Director, Human Resources Products and Services; Associate Director for Management; Associate Director, Strategic Human Resources Policy; Chief Financial Officer; Associate Director, Human Capital Leadership and Merit Systems Ac- countability; Deputy Associate Director, Center for Investigations Services; and Director, Federal Executive Institute. Sec. 2. Exceptions. (a) No individual who is serving in an office listed in section \177 in an acting capacity, by virtue of so serving, shall act as Director pursu- ant to this memorandum. 246

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 Other Presidential Documents (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. 3345-3349d, to depart from this memorandum in designating an acting Director. Sec. 3. Prior Memorandum Superceded. This memorandum supercedes the Presidential Memorandum of March ii, 2003, entitled, "Designation of Officers of the Office of Personnel Manage- ment to Act as Director of the Office of Personnel Management." Sec. 4. Publication. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, May 5, 2005. Notice of May 5, 2005 Continuation of the National Emergency Blocking Property of Certain Persons and Prohibiting the Export of Certain Goods to Syria On May \177, 2004, pursuant to my authority under the International Emer- gency Economic Powers Act (50 U.S.C. \177701-\177706) and the Syria Account- ability and Lebanese Sovereignty Restoration Act of 2003 (Public Law \17708- \17775), I issued Executive Order \1773338 in which I declared a national emer- gency blocking the property of certain persons and prohibiting the expor- tation or reexportation of certain goods to Syria. I took this action to deal with the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States constituted by the actions of the Government of Syria in supporting terrorism, continuing its occupation of Lebanon, pursuing weapons of mass destruction and missile programs, and undermining United States and international efforts with respect to the sta- bilization and reconstruction of Iraq. Because the actions and policies of the Government of Syria 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 May l\177, 2004, and the measures adopted on that date to deal with that emergency, must continue in effect beyond May \177, 2005. Therefore, in ac- cordance with section 202(d) of the National Emergencies Act (50 U.S.C. \177622(d)), I am continuing for 1 year the national emergency blocking the property of certain persons and prohibiting the exportation or reexportation of certain goods to Syria. 247

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 Title 3--The President This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, May 5, 2005. Memorandum of May 13, 2005 Assignment of Function to Submit a Report to the Congress Memorandum for for the Director of the Ofl)'ce of Management and Budget By the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, the function of the President of providing to the Congress a report under section 9012 of the Department of Defense Appropriations Act, 2005 (Pub- lic Law ]08-287) is assigned to the Director of the Office of Management and Budget. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, May 13, 2005. Notice of May 17, 2005 Continuation of the National Emergency With Respect to Burma On May 20, \177997, the President issued Executive Order \1773047, certifying to the Congress under section 570(b) of the Foreign Operations, Export Fi- nancing, and Related Programs Appropriations Act, \177997 (Public Law 104- 208), that the Government of Burma has committed large-scale repression of the democratic opposition in Burma after September 30, \177996, thereby invoking the prohibition on new investment in Burma by United States persons contained in that section. The President also declared a national emergency to deal with the threat posed to the national security and for- eign policy of the United States by the actions and policies of the Govern- ment of Burma, invoking the authority, inter alia, of the International Emer- gency Economic Powers Act, 50 U.S.C. \17770\177 et seq. On July 28, 2003, I issued Executive Order \1773310 taking additional steps with respect to that national emergency by putting in place an import ban required by the Bur- mese Freedom and Democracy Act of 2003 and prohibiting exports of fi- nancial services to Burma and the dealing in property in which certain des- ignated Burmese persons have an interest. 248

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 Other Presidential Documents Because the actions and policies of the Government of Burma continue to pose an unusual and extraordinary threat to the national security and for- eign policy of the United States, the national emergency declared on May 20, 1997, and the measures adopted on that date to deal with that emer- gency must continue in effect beyond May 20, 2005. Therefore, in accord- ance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for \177 year the national emergency with respect to Burma. This notice shall be published in the Federal Register and trans- mitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, May 17, 2005. Notice of May 19, 2005 Continuation of the National Emergency Protecting the Development Fund for Iraq and Certain Other Property in Which Iraq has an Interest On May 22, 2003, by Executive Order \1773303, I declared a national emer- gency protecting the Development Fund for Iraq and certain other property in which Iraq has an interest, pursuant to the International Emergency Eco- nomic Powers Act (50 U.S.C. \17770\177-1706) (IEEPA). I took this action to deal with the unusual and extraordinary threat to the national security and for- eign policy of the United States posed by the obstacles to the orderly recon- struction of Iraq, the restoration and maintenance of peace and security in the country, and the development of political, administrative, and eco- nomic institutions in Iraq constituted by the threat of attachment or other iudicial process against the Development Fund for Iraq, Iraqi petroleum and petroleum products, and interests therein, and proceeds, obligations, or any financial instruments of any nature whatsoever arising from or related to the sale or marketing thereof. On August 28, 2003, in Executive Order \17733\1775, I expanded the scope of this national emergency to block the property of the former Iraqi regime, its senior officials and their family members as the removal of Iraqi prop- erty from that country by certain senior officials of the former Iraqi regime and their immediate family members constitutes an obstacle to the orderly reconstruction of Iraq, the restoration and maintenance of peace and secu- rity in the country, and the development of political, administrative, and economic institutions in Iraq. On July 29, 2004, in Executive Order \1773350, I amended the Annex to Exec- utive Order \1773315 to include certain persons determined to have been sub- iect to economic sanctions pursuant to Executive Orders \1772722 and \1772724. Because of their association with the prior Iraqi regime, I determined that these persons present an obstacle to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in that country, and the development of political, administrative, and economic institutions in Iraq and, therefore, such persons should be subiect to sanctions under Executive Order \17733\1775. 249

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 Title 3--The President Executive Order 13350 also amended Executive Order 13290 of March 20, 2003, in which, consistent with section 203(a)(1)(C) of IEEPA, 50 U.S.C. 1702(a)(1)(C), I ordered that certain blocked funds held in the United States in accounts in the name of the Government of Iraq, the Central Bank of Iraq, Rafidain Bank, Rasheed Bank, or the State Organization for Marketing Oil be confiscated and vested in the Department of the Treasury. I origi- nally exercised these authorities pursuant to Executive Order 12722. In light of the changed circumstances in Iraq and my decision to terminate the national emergency declared in Executive Order 12722, I determined that the exercise of authorities in Executive Order 13290 should continue in order to address the national emergency declared in Executive Order 13303 of May 22, 2003, as expanded in scope in Executive Order 13315 of August 28, 2003, regarding the obstacles posed to the orderly reconstruction of Iraq. Executive Order 13350 amends Executive Order 13290 to that effect. On November 29, 2004, in Executive Order 13364, I modified the scope of this national emergency to address the unusual and extraordinary threat to the national security and foreign policy of the United States posed by the threat of attachment or other judicial process against the Central Bank of Iraq. I also determined that, consistent with United Nations Security Coun- cil Resolutions 1483 and 1546, the steps taken in Executive Order 13303 to deal with this national emergency need to be limited so that such steps do not apply with respect to any final judgment arising out of a contractual obligation entered into by the Government of Iraq, including any agency or instrumentality thereof, after June 30, 2004, and so that, with respect to Iraqi petroleum and petroleum products and interests therein, such steps shall apply only until title passes to the initial purchaser. Because the obstacles to the orderly reconstruction of Iraq, the restoration and maintenance of peace and security in the country, and the develop- ment of political, administrative, and economic institutions in Iraq con- tinue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on May 22, 2003, and the measures adopted on that date, August 28, 2003, July 29, 2004, and November 29, 2004, to deal with that emergency must continue in effect beyond May 22, 2005. Therefore, in accordance with sec- tion 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am con- tinuing for i year the national emergency protecting the Development Fund for Iraq and certain other property in which Iraq has an interest. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, May 19, 2005. 25O

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 Other Presidential Documents Memorandum of June 2, 2005 Order of Succession of Officers to Act as Secretary of Defense Memorandum for the Sectcrazy of Defense Pursuant to the Constitution and laws of the United States, including sec- tion 3345(a) of title 5, United States Code, and notwithstanding Executive Order 13000 of April 24, 1996, I direct as follows: (1) In the event of the death, permanent disability, or resignation of the Secretary of Defense, the Secretary of the Navy shall act for and perform the duties of the Secretary of Defense as Acting Secretary of Defense. (2) In the event of the temporary absence or temporary disability of the Sec- retary of Defense, the Secretary of the Navy shall act for and perform the duties of the Secretary of Defense as Acting Secretary of Defense. In these instances, the designation as Acting Secretary of Defense applies only for the duration of the Secretary's absence or disability, and does not affect the authority of the Secretary to exercise during the absence, or to resume when the disability no longer exists, the powers of his office. (3) In all other respects, Executive Order 13000 of April 24, 1996, shall re- main in effect. (4) This memorandum shall expire upon the appointment of a Deputy Sec- retary of Defense, unless sooner terminated by operation of law or by the President. (5) You are authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, June 2, 2005. Presidential Determination No. 2005-24 of June 15, 2005 Suspension of Limitations Under the Jerusalem Embassy Act Memorandum for the Secreta\177 of State Pursuant to the authority vested in me as President by the Constitution and the laws of the United States, including section 7(a) of the Jerusalem Em- bassy Act of 1995 (Public Law 104-45) (the "Act"), I hereby determine that it is necessary to protect the national security interests of the United States to suspend for a period of 6 months the limitations set forth in sections 3(b) and 7(b) of the Act. My Administration remains committed to begin- ning the process of moving our Embassy to Jerusalem. 251

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 Title 3--The President You are hereby authorized and directed to transmit this determination to the Congress, accompanied by a report in accordance with section 7(a) of the Act, and to publish the determination in the Federal Register. This suspension shall take effect after transmission of this determination and report to the Congress. GEORGE W. BUSH THE WHITE HOUSE, Washington, June 15, 2005. Presidential Determination No. 2005-25 of June 15, 2005 Determination to Authorize a Drawdown for Afghanistan Memorandum for the Secreta\177y of State [and] the Secreta\177y of Defense Pursuant to the authority vested in me by the Constitution and the laws of the United States, including section 202 and other relevant provisions of the Afghanistan Freedom Support Act (Public Law 107-327) and section 506 of the Foreign Assistance Act of 196% as amended, 22 U.S.C. 23\1778, I hereby direct the drawdown of up to $\1776%5 million of defense articles, de- fense so\177wicos, and military education and training from the Department of Defense for the Islamic Republic of Afghanistan. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to arrange for its publication in the Federal Reg- ister. GEORGE W. BUSH THE WHITE HOUSE, Washington, June 15, 2005. Notice of June 17, 2005 Continuation of the National Emergency With Respect to the Risk of Nuclear Proliferation Created by the Accumulation of Weapons-Usable Fissile Material in the Territory of the Russian Federation On June 2% 2000, the President issued Executive Order \1773\17759 (the "Order") blocking property and interests in property of the Government of the Russian Federation that are in the United States, that hereafter come within the United States, or that are or hereinafter come within the posses- sion or control of United States persons that are directly related to the im- plementation of the Agreement Between the Government of the United States of America and the Government of the Russian Federation Con- cerning the Disposition of Highly Enriched Uranium Extracted from Nu- clear Weapons, dated February \1778, \177993, and related contracts and agree- ments (collectively, the "HEU Agreements"). The HEU Agreements allow 252

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 Other Presidential Documents for the downblending of highly enriched uranium derived from nuclear weapons to low enriched uranium for peaceful commercial purposes. The Order invoked the authority, inter alia, of the International Emergency Eco- nomic Powers Act, 50 U.S.C. 1701 et seq., and declared a national emer- gency to deal with the unusual and extraordinary threat to the national se- curity and foreign policy of the United States posed by the risk of nuclear proliferation created by the accumulation of a large volume of weapons-us- able fissile material in the territory of the Russian Federation. The national emergency declared on June 21, 2000, must continue beyond June 21, 2005, to provide continued protection from attachment, judgment, decree, lien, execution, garnishment, or other judicial process for the prop- erty and interests in property of the Government of the Russian Federation that are directly related to the implementation of the HEU Agreements and subject to U.S. jurisdiction. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency with respect to weapons-usable fissile material in the territory of the Russian Federation. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, June 17, 2005. Notice of June 23, 2005 Continuation of the National Emergency With Respect to the Western Balkans On June 26, 200% by Executive Order 132\1779, I declared a national emer- gency with respect to the Western Balkans pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701-1706) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the actions of persons engaged in, or assisting, sponsoring, or supporting (i) extremist violence in the Republic of Macedonia, and elsewhere in the Western Balkans region, or (ii) acts ob- structing implementation of the Dayton Accords in Bosnia or United Na- tions Security Council Resolution 1244 of June 10, 1999, in Kosovo. Subse- quent to the declaration of the national emergency, the actions of persons obstructing implementation of the Ohrid Framework Agreement of 2001 in Macedonia also became a pressing concern. I amended Executive Order 13219 on May 28, 2003, in Executive Order 13304 to address this concern and to take additional steps with respect to the national emergency. cause the actions of persons threatening the peace and international sta- bilization efforts in the Western Balkans continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, the national emergency declared on June 26, 2001, and the measures adopted on that date and thereafter to deal with that emergency, must continue in effect beyond June 26, 2005. Therefore, in accordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for i year the national emergency with respect to the West- ern Balkans. 253

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 Title 3--The President This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, June 23, 2005. Memorandum of June 29, 2005 Assignment of Certain Functions Relating to Telecommunications Memorandum for the Director of the Of J\177'ce of Management and Budget By virtue of the authority vested in me by the Constitution and the 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 414 of the Transportation, Treasury, Independent Agencies, and General Govern- ment Appropriations Act, 2005 (Division H of Public Law 108-447), and the authority to issue regulations to which section 414 refers. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, June 29, 2005. Memorandum of July 1, 2005 Assignment of Reporting Function Memorandum for the Secretazy of State My memorandum on "Assignment of Reporting Functions under the Intel- ligence Reform and Terrorism Prevention Act of 2004" of April 21, 2005, is amended by striking "7119(a)" and inserting in lieu thereof "7120." You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 1, 2005. 254

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 Other Presidential Documents Memorandum of July 4, 2005 Assignment of a Reporting Function Memorandum for the Secretary of State By virtue of the authority vested in me as President by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, I hereby assign to you the function of the President under section 582 of the Foreign Operations, Export Financing, and Related Programs Ap- propriations Act, 2005 (Division D, Public Law 108-447). References in this memorandum to section 582 shall deemed to include reference to any sub- sequently enacted provision of law that is the same or substantially the same as section 582. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 4, 2005. Presidential Determination No. 2005-26 of July 4, 2005 Waiving Prohibition on United States Military Assistance with Respect to the Dominican Republic Memorandum for for the Secretary of State Consistent with the authority vested in me by section 2007 of the American Servicemembers' Protection Act of 2002 (the "Act"), title II of Public Law ]07-206 (22 U.S.C. 742] et seq.), I hereby: \337 Determine that the Dominican Republic has entered into an agree- ment with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against U.S. personnel present in such country; and \337 Waive the prohibition of section 2007(a) of the Act with respect to this country for as long as such agreement remains in force. You are authorized and directed to report this determination to the Con- gress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 4, 2005. 255

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 Title 3--The President Presidential Determination No. 2005-27 of July 4, 2005 Implementation of Sections 603 and 604 of the Foreign Relations Authorization Act, Fiscal Year 2003 (Public Law lO7-228) Memorandum for the Secretary of State Consistent with the authority contained in section 604 of the Foreign Rela- tions Authorization Act, Fiscal Year 2003 (Public Law 107-228) (the "Act"), and with reference to the determinations set out in the report to Congress transmitted on the date hereof, pursuant to section 603 of that Act, regarding noncompliance by the PLO and the Palestinian Authority with certain commitments, I hereby impose the sanction set out in section 604(a)(2), "Downgrade in Status of the PLO Office in the United States." This sanction is imposed for a period of 180 days from the date hereof or until such time as the next report required by section 603 of the Act is transmitted to the Congress, whichever is later. You are authorized and di- rected to transmit to the appropriate congressional committees the report described in section 603 of the Act. Furthermore, I hereby determine that it is in the national security interest of the United States to waive that sanction, pursuant to section 604(c) of the Act. This waiver shall be effective for a period of \17780 days from the date hereof or until such time as the next report required by section 603 of the Act is transmitted to the Congress, whichever is later. 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, July 4, 2005. Presidential Determination No. 2005-28 of July 12, 2005 Presidential Determination Regarding Drawdown Under Section 506(a)(2) of the Foreign Assistance Act 1961, as amended, to Furnish Anti-Terrorism Assistance to the Philippines Memorandum for the Secretary of State [and/the Secretary of Defense Pursuant to the authority vested in me by the Constitution and laws of the United States, including section 50B(a)(2) of the Foreign Assistance Act of \1779B\177, as amended, 22 U.S.C. 23\1778(a)(2)(the "Act"), I hereby determine that it is in the national interest of the United States to draw down articles, stowices, military education, and training from the Department of Defense for the purpose of providing anti-terrorism assistance for the Philippines. I therefore direct the drawdown of up to $10 million of articles, stowices, military education, and training from the inventory and resources of the 256

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 Other Presidential Documents Department of Defense for the Philippines for the purposes and under the authorities of chapter g of part II of the Act. 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, July 12, 2005. Presidential Determination No. 2005-29 of July 14, 2005 Waiver of Restrictions on Providing Funds to the Palestinian Authority Memorandum for the Secreta\177y of State Pursuant to the authority vested in me as President by the Constitution and laws of the United States, including section 550(b) of the Foreign Oper- ations, Export Financing, and Related Programs Appropriations Act, 2005 (Div. D, Public Law 108-447)(the "Act"), I hereby certify that it is impor- tant to the national security interests of the United States to waive the pro- visions of section 550(a) of the Act, in order to provide funds appropriated to carry out chapter 4 of part II of the Foreign Assistance Act of 1961 to the Ministry of Finance of the Palestinian Authority in direct assistance for use on new projects in Gaza. You are authorized and directed to transmit this determination to the Con- gress, accompanied by a report in accordance with section 550(d) of the Act, and to publish the determination in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 14, 2005. Presidential Determination No. 2005-30 of July 15, 2005 Drawdown of Commodities and Services from the Department of Defense to Support African Union Peacekeeping in Darfur, Sudan Memorandum for the Secreta\177y of State [and/the Secreta\177y of Defense Pursuant to the authority vested in me by the Constitution and the laws of the United States, including section 552(c)(2) of the Foreign Assistance Act of 196% as amended, I hereby determine that: (\177) as a result of an unforeseen emergency, the provision of assistance under Chapter 6 of Part II of the Act in amounts in excess of funds otherwise available for such assistance is important to the national interests of the United States; and 257

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 Title 3--The President (2) such unforeseen emergency requires the immediate provision of as- sistance under Chapter 6 of Part II of the Act. I therefore direct the drawdown of up to $6 million in commodities and services from the Department of Defense to support the transportation of African Union forces to Darfur, Sudan. The Secretary of State is authorized and directed to report this determina- tion to the Congress and to publish it in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 15, 2005. Notice of July 19, 2005 Continuation of the National Emergency Blocking Property of Certain Persons and Prohibiting the Importation of Certain Goods From Liberia On July 22, 2004, by Executive Order 13348, I declared a national emer- gency and ordered related measures blocking the property of certain per- sons and prohibiting the importation of certain goods from Liberia, pursu- ant to the International Emergency Economic 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 former Liberian President Charles Taylor and other persons, in particular their unlawful depletion of Liberian resources and their removal from Liberia and secreting of Liberian funds and property, which have un- dermined Liberia's transition to democracy and the orderly development of its political, administrative, and economic institutions and resources. I fur- ther noted that the Comprehensive Peace Agreement signed on August \1778, 2003, and the related cease-fire have not yet been universally implemented throughout Liberia, and that the illicit trade in round logs and timber prod- ucts is linked to the proliferation of and trafficking in illegal arms, which perpetuate the Liberian conflict and fuel and exacerbate other conflicts throughout West Africa. 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 July 22, 2004, and the measures adopt- ed on that date to deal with that emergency, must continue in effect be- yond July 22, 2005. Therefore, in accordance with section 202(d), I am con- tinuing for \177 year the national emergency declared in Executive Order 13348. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, July 19, 2005. 258

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 Other Presidential Documents Memorandum of July 21, 2005 Assignment of Certain Functions Under Section 337 of the Tariff Act of 1930 Memorandum for the United States Trade Representative By the authority vested in me by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby assign to you the functions of the President under section 337(j)(1)(B), section 337(j)(2), and section 337(j)(4) of the Tariff Act of 1930, as amended (19 U.S.C. 1337(j)(1), (j)(2), and (j)(4)). You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 21, 2005. Memorandum of July 21, 2005 Assignment of Reporting Functions Memorandum for the Secretazy of the Interior By virtue of the authority vested in me by the Constitution and the 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 104(h) of the Compact of Free Association Amendments Act of 2003 (Public Law \1770s-\177ss). You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 21, 2005. 259

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 Title 3--The President Memorandum of July 30, 2005 Assignment of Functions Relating to Certain Funding for Unanticipated Needs Memorandum for Director of the Office of Management and Budget By virtue of the authority vested in me by the Constitution and the laws of the United States, including section 301 of title 3, United States Code, the functions of the President with respect to appropriations made under the heading "Unanticipated Needs" in the Military Construction Appro- priations and Emergency Hurricane Supplemental Appropriations Act, 2005 (Public Law 108-324) are assigned to the Director of the Office of Management and Budget and the Director shall administer such funds as provided under that heading. You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, July 30, 2005. Notice of August 2, 2005 Continuation of Emergency Regarding Export Control Regulations On August 17, 2001, consistent with the authority provided me under the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), I issued Executive Order 13222. In that order, I declared a national emer- gency with respect to the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States in light of the expiration of the Export Administration Act of 1979, as amended (50 U.S.C. App. 2401 et seq.). Because the Export Administration Act has not been re- newed by the Congress, the national emergency declared on August 17, 2001, must continue in effect beyond August 17, 2005. Therefore, in ac- cordance with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for i year the national emergency declared in Ex- ecutive Order 13222. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, August 2, 2005. 260

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 Other Presidential Documents Presidential Determination No. 2005-31 of August 2, 2005 Waiving Prohibition on U.S. Military Assistance with respect to Cambodia Memorandum for the Secretary of State Consistent with the authority vested in me by section 2007 of the American Servicemembers' Protection Act of 2002 (the "Act"), title II of Public Law 107-206 (22 U.S.C. 7421 et seq.), I hereby: \337 Determine that Cambodia has entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against U.S. per- sonnel present in such country; and \337 Waive the prohibition of section 2007(a) of the Act with respect to this country for as long as such agreement remains in force. You are authorized and directed to report this determination to the Con- gress, and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, August 2, 2005. Memorandum of August 5, 2005 Assignment of Reporting Function Memorandum for the Secretazy of Commerce By virtue of the authority vested in me as President by the Constitution and the 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 316 of the Coastal Zone Management Act of 1972, as amended (16 U.S.C. 1451, et seq.). You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, August 5, 2005. 261

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 Title 3--The President Presidential Determination No. 2005-32 of August 17, 2005 Continuation of U.S. Drug Interdiction Assistance to the Government of Colombia Memorandum for the Secretary of State [and/the Secretary of Defense Pursuant to the authority vested in me by section 1012 of the National fense Authorization Act for Fiscal Year 1995, as amended (22 U.S.C. 229\177- 4), I hereby certify, with respect to Colombia, that (\177) interdiction of aircraft reasonably suspected to be primarily engaged in illicit drug trafficking in that country's airspace is necessary because of the extraordinary threat posed by illicit drug trafficking to the national security of that country; and (2) that country has appropriate procedures in place to protect against inno- cent loss of life in the air and on the ground in connection with such inter- diction, which shah at a minimum include effective means to identify and warn an aircraft before the use of force is directed against the aircraft. The Secretary of State is authorized and directed to publish this determina- tion in the Federal Register and to notify the Congress of this determina- tion. GEORGE W. t\177USH THE WHITE HOUSE, Washington, August 17, 2005. Presidential Determination No. 2005-33 of August 29, 2005 Waiving Prohibition on Use of FY 2005 Economic Support Funds with Respect to Jordan Memorandum for the Secretary of State Consistent with the authority vested in me by section 574 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 2005 (the "Act"), Division D of Public Law \17708-447, I hereby: \337 Determine that it is important to the national security interests of the United States to waive, for a period of 6 months from the date of this determination, the prohibition of section 574(a) of the Act with respect to Jordan; and \337 Waive the prohibition with respect to this country for that period. You are authorized and directed to report this determination to the Con- gress, and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, August 29, 2005. 262

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 Other Presidential Documents Notice of September 8, 2005 Continuation of the National Emergency With Respect to Certain Terrorist Attacks Consistent with section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)), I am continuing for 1 year the national emergency I declared on September \1774, 200% in Proclamation 7463, with respect to the terrorist at- tacks at the World Trade Center, New York, New York, and the Pentagon, and the continuing and immediate threat of further attacks on the United States. By Executive Order \1773223 of September \1774, 2001 and Executive Order \1773253 of January \1776, 2002, I delegated authority to the Secretary of Defense and the Secretary of Transportation to order members of the Reserve Com- ponents to active duty and to waive certain statutory military personnel re- quirements. By Executive Order \1773235 of November \1776, 200% I delegated authority to the Secretary of Defense to exercise certain emergency con- struction authority. By Executive Order \1773286 of February 28, 2003, I trans- ferred the authority delegated to the Secretary of Transportation in Execu- tive Order \1773223 to the Secretary of Homeland Security. Because the terrorist threat continues, the national emergency declared on September \1774, 200% and the measures taken on September 14, 200% No- vember \1776, 200% and January \1776, 2002, to deal with that emergency, must continue in effect beyond September 14, 2005. Therefore, I am continuing in effect for an additional year the national emergency I declared on Sep- tember \1774, 200% with respect to the terrorist threat. This notice shall be published in the Federal Register and transmitted to the Congress. GEORGE W. BUSH THE WHITE HOUSE, September 8, 2005. Memorandum of September 9, 2005 Assignment of Functions with Respect to Loan Guarantees to Egypt Memorandum for the Secretary of State By the authority vested in me by the Constitution and laws of the United States, including section 30\177 of title 3 of the United States Code, I hereby assign to the Secretary of State the functions conferred upon the President relating to loan guarantees to Egypt in paragraph (2) under the heading "Economic Support Fund" in chapter 5 of title I of the Emergency Wartime Supplemental Appropriations Act, 2003 (Public Law \17708-1\177). 263

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 Title 3--The President You are authorized and directed to publish this memorandum in the Fed- eral Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 9, 2005. Presidential Determination No. 2005-34 of September 9, 2005 Waiving Prohibition on United States Military Assistance with Respect to Benin Memorandum for the Secretary of State Consistent with the authority vested in me by section 2007 of the American Servicemembers' Protection Act of 2002 (the "Act"), title II of Public Law 107-206 (22 U.S.C. 7421 et seq.), I hereby \337 Determine that Benin has entered into an agreement with the United States pursuant to Article 98 of the Rome Statute preventing the International Criminal Court from proceeding against U.S. per- sonnel present in such country; and \337 Waive the prohibition of section 2007(a) of the Act with respect to this country for as long as such agreement remains in force. You are authorized and directed to report this determination to the Con- gress and to arrange for its publication in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 9, 2005. Presidential Determination No. 2005-35 of September 12, 2005 Continuation of the Exercise of Certain Authorities under the Trading with the Enemy Act Memorandum for the Secretazy of State [and] the Secretary of the Treasmy Under section 101(b) of Public Law 95-223 (91 Star. 1625; 50 U.S.C. App. 5(b) note), and a previous determination on September 10, 2004 (69 Fed. l\177eg. 55497), the exercise of certain authorities under the Trading with the Enemy Act is scheduled to terminate on September 14, 2005. I hereby determine that the continuation for i year of the exercise of those authorities with respect to the applicable countries is in the national inter- est of the United States. Therefore, pursuant to the authority vested in me by section 101(b) of Pub- lic Law 95-223, I continue for i year, until September 14, 2006, the exer- cise of those authorities with respect to countries affected by: 264

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 Other Presidential Documents (1) the Foreign Assets Control Regulations, 31 C.F.R. part 500; (2) the Transaction Control Regulations, 31 C.F.R. part 505; and (3) the Cuban Assets Control Regulations, 31 C.F.R. part 515. The Secretary of the Treasury is authorized and directed to publish this de- termination in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, September 12, 2005. Presidential Determination No. 2005-36 of September 14, 2005 Presidential Determination on Major Drug Transit or Major Illicit Drug Producing Countries for Fiscal Year 2006 Memorandum for the Secretary of State Pursuant to section 706(1) of the Foreign Relations Authorization Act, Fis- cal Year 2003 (Public Law 107-228) (FRAA), I hereby identify the fol- lowing countries as major drug transit or major illicit drug producing coun- tries: Afghanistan, The Bahamas, Bolivia, Brazil, Burma, Colombia, Domini- can Republic, Ecuador, Guatemala, Haiti, India, Jamaica, Laos, Mexico, Ni- geria, Pakistan, Panama, Paraguay, Peru, and Venezuela. A country's presence on the Majors List is not necessarily an adverse re- flection of its government's counternarcotics efforts or level of cooperation with the United States. Consistent with the statutory definition of a major drug-transit or drug-producing country set fourth in section 481(o)(2) and (5) of the Foreign Assistance Act of 1961, as amended (FAA), one of the reasons that major drug transit or illicit drug producing countries are placed on the list is the combination of geographical, commercial, and eco- nomic factors that allow drugs to transit or be produced despite the con- cerned government's most assiduous enforcement measures. Pursuant to section 706(2)(A) of the FRAA, I hereby designated Burma and Venezuela as countries that have failed demonstrably during the previous 12 months to adhere to their obligations under international counter- narcotics agreements and take the measures set fourth in section 489(a)(1) of the FAA. Attached to this report (Tab A) are justifications for the deter- minations on Burma and Venezuela, as required by section 706(2)(B). I have also determined, in accordance with provisions of section 706(3)(A) of the FRAA, that support for program to aid Vonozuola's democratic insti- tutions, establish selected community development projects, and strengthen Venezuela's political party system is vital to the national interests of the United States. I have removed China and Vietnam from the list of major drug transit or major illicit drug producing countries because there is insufficient evidence to suggest that China is a major source zone or transit country for illicit narcotics that significantly affects the United States. There is insufficient 265

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