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pd06de04 Executive Order 13365--2004 Amendments to the Manual for Courts-Martial,...


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    Carlos' family came to America from Cuba when he was a boy. He 
learned English from a bellhop in a Miami hotel and later became an 
American citizen. When his family eventually settled in Mexico City, 
Carlos took his first job for Kellogg as a truck driver, delivering 
Frosted Flakes to local stores. Ten years after he started, he was 
running the Mexican business, and 15 years after that, he was running 
the entire company. At every stage of this remarkable story, Carlos 
motivated others with his energy and optimism and impressed others with 
his decency.
    In his career, Carlos has been sustained by the values taught by his 
parents, Pedro and Olga, and by the love of his wife, Edi, and his 
children, Carlos, Erika, and Karina. I know Olga Gutierrez, who lives in 
Florida, is proud to see the boy she took from Cuba chosen to help 
strengthen the world's greatest and finest economy.
    Carlos will carry on the work of a distinguished leader, Secretary 
Don Evans. During the past 4 years, our economy has overcome a 
recession, terrorist attack, corporate scandals, and the uncertainty 
that comes with war. In all these challenges, Don has been a strong and 
steady advocate for America's businesses and workers and entrepreneurs. 
Don has also been my friend for over three decades. I've counted on his 
wisdom and optimism and character at every step on my journey to the 
White House. Now Don's own journey leads him back to Texas, where we 
were young men together. Don is one of the finest people I have ever 
known. I will miss having him in Washington, and Laura and I wish him 
and Susie well.
    When he's confirmed by the Senate, Carlos Gutierrez will take office 
at a time of historic opportunity for our changing economy. With Carlos' 
leadership, we'll help more Americans, especially minorities and women, 
to start and grow their own small business. We'll reduce the burden of 
junk lawsuits and regulations on our entrepreneurs. We'll reform our 
outdated Tax Code to eliminate needless paperwork and encourage savings, 
investment, and growth. We'll continue our commitment to free and fair 
trade. Carlos and I know that America's workers can compete with anybody 
in the world. And in all these policies, we will ensure that the 
American economy keeps creating jobs and remains dynamic and flexible 
far into the future.
    In Carlos Gutierrez, the Department of Commerce will have an 
experienced manager and an innovative leader. He will be a strong, 
principled voice for American business and an inspiration to millions of 
men and women who dream of a better life in our country. I ask the 
Senate to confirm this fine nominee as quickly as possible. I look 
forward to welcoming him into my Cabinet.
    Congratulations.

[[Page 2871]]

[At this point, Secretary-Designate Gutierrez made brief remarks.]

    The President. Great job. Thank you. Congratulations.

Note: The President spoke at 11:10 a.m. in the Roosevelt Room at the 
White House. In his remarks, he referred to Susan Evans, wife of 
Secretary of Commerce Donald L. Evans. The transcript released by the 
Office of the Press Secretary also included the remarks of Secretary-
Designate Gutierrez. The Office of the Press Secretary also released a 
Spanish language transcript of these remarks.


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[Weekly Compilation of Presidential Documents]
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[Page 2871]
 
Pages 2869	2907
 
Week Ending Friday, December 3, 2004
 
Statement on the Resignation of Stephen Friedman as Director of the 
National Economic Council

November 29, 2004

    Steve Friedman has been a trusted adviser and vital member of my 
economic team, working tirelessly to help make sure that America 
continues to be the best place in the world to do business.
    Steve played a valuable role in enacting the Jobs and Growth Act of 
2003 that helped move our economy from recession to the robust growth we 
are experiencing today. As a key member of my White House senior staff, 
Steve has led efforts to develop the policies that are strengthening our 
economy and helping to create jobs. Steve has done an excellent job of 
coordinating the work of my economic team and has played a key role in 
developing the economic policies for my second-term agenda.
    Steve is a good-hearted man who possesses great wisdom and a can-do 
attitude. I am grateful for his superb work and wish him and Barbara all 
the best as they fulfill their plan to return home to New York.

 Note: The Office of the Press Secretary also made available Director 
Friedman's letter of resignation.


<DOC>
[Weekly Compilation of Presidential Documents]
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[Page 2871-2872]
 
Pages 2869	2907
 
Week Ending Friday, December 3, 2004
 
Executive Order 13362--Designation of Additional Officers for the 
Department of Homeland Security Order of Succession

November 29, 2004

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America and pursuant to the Federal 
Vacancies Reform Act of 1998, 5 U.S.C. 3345 et seq., it is hereby 
ordered that:
    Section 1.  During any period when the Secretary of Homeland 
Security (Secretary), the Deputy Secretary of Homeland Security, and the 
officers designated to perform the functions and duties of the office of 
Secretary by section 88 of Executive Order 13286 of February 28, 2003 
(``Amendment of Executive Orders, and Other Actions, in Connection With 
the Transfer of Certain Functions to the Secretary of Homeland 
Security''), have died, resigned, or otherwise become unable to perform 
the functions and duties of the office of Secretary, the following 
officers of the Department of Homeland Security, in the order listed, 
shall perform the functions and duties of the office of Secretary, if 
they are eligible to act as Secretary 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 Secretary:
    Director, Region V, Federal Emergency Management Agency;
    Director, Region VI, Federal Emergency Management Agency;
    Director, Region VII, Federal Emergency Management Agency;
    Director, Region VIII, Federal Emergency Management Agency; and
    Director, Region X, Federal Emergency Management Agency.
    Sec. 2. Exceptions.
    (a) No individual who is serving in an office listed in section 1 in 
an acting capacity, by virtue of so serving, shall act as Secretary 
pursuant to this order.

[[Page 2872]]

    (b) Notwithstanding the provisions of this order, the President 
retains discretion, to the extent permitted by law, to depart from this 
order in designating an acting Secretary.
                                                George W. Bush
 The White House,
 November 29, 2004.

 [Filed with the Office of the Federal Register, 9:47 a.m., December 1, 
2004]

Note: This Executive order was published in the Federal Register on 
December 2.


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[Weekly Compilation of Presidential Documents]
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[Page 2872]
 
Pages 2869	2907
 
Week Ending Friday, December 3, 2004
 
Executive Order 13363--Establishing the Afghanistan and Iraq Campaign 
Medals

November 29, 2004

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including my authority as 
Commander in Chief of the Armed Forces of the United States and Public 
Law 108-234, it is hereby ordered as follows:
    Section 1. Afghanistan Campaign Medal. There is hereby established 
the Afghanistan Campaign Medal with suitable appurtenances. Except as 
limited in section 3 of this order, and under uniform regulations to be 
prescribed by the Secretaries of the military departments and approved 
by the Secretary of Defense, or under regulations to be prescribed by 
the Secretary of Homeland Security with respect to the Coast Guard when 
it is not operating as a service in the Navy, the Afghanistan Campaign 
Medal shall be awarded to members of the uniformed services of the 
United States who serve or have served in Afghanistan or contiguous air 
space, as defined by such regulations, on or after October 24, 2001, and 
before a terminal date to be prescribed by the Secretary of Defense.
    Sec. 2. Iraq Campaign Medal. There is hereby established the Iraq 
Campaign Medal with suitable appurtenances. Except as limited in section 
3 of this order, and under uniform regulations to be prescribed by the 
Secretaries of the military departments and approved by the Secretary of 
Defense, or under regulations to be prescribed by the Secretary of 
Homeland Security with respect to the Coast Guard when it is not 
operating as a service in the Navy, the Iraq Campaign Medal shall be 
awarded to members of the uniformed services of the United States who 
serve or have served in Iraq or contiguous waters or air space, as 
defined by such regulations, on or after March 19, 2003, and before a 
terminal date to be prescribed by the Secretary of Defense.
    Sec. 3. Relationship to Other Awards. Notwithstanding section 1 of 
Executive Order 13289 of March 12, 2003, establishing the Global War on 
Terrorism Expeditionary Medal, any member who qualified for that medal 
by reason of service in Afghanistan between October 24, 2001, and a 
terminal date to be determined by the Secretary of Defense, or in Iraq 
between March 19, 2003, and a terminal date to be determined by the 
Secretary of Defense, shall remain qualified for that medal. Upon 
application, a member by reason of service may be awarded either the 
Afghanistan Campaign Medal or the Iraq Campaign Medal in lieu of the 
Global War on Terrorism Expeditionary Medal. A member may be awarded 
either the Afghanistan Campaign Medal or the Global War on Terrorism 
Expeditionary Medal by reason of service in Afghanistan. A member may be 
awarded either the Iraq Campaign Medal or the Global War on Terrorism 
Expeditionary Medal by reason of service in Iraq. No member shall be 
entitled to the award of more than one of these three medals for the 
same period of service.
    Sec. 4. Posthumous Award. The Afghanistan Campaign Medal and Iraq 
Campaign Medal may be awarded posthumously to any person covered by and 
under regulations prescribed in accordance with this order.
                                                George W. Bush
 The White House,
 November 29, 2004.

 [Filed with the Office of the Federal Register, 9:47 a.m., December 1, 
2004]

Note: This Executive order was published in the Federal Register on 
December 2.

[[Page 2873]]


<DOC>
[Weekly Compilation of Presidential Documents]
 [frwais.access.gpo.gov]
                         

[Page 2873-2874]
 
Pages 2869	2907
 
Week Ending Friday, December 3, 2004
 
Executive Order 13364--Modifying the Protection Granted to the 
Development Fund for Iraq and Certain Property in Which Iraq Has an 
Interest and Protecting the Central Bank of Iraq

November 29, 2004

    By the authority vested in me as President by the Constitution and 
the laws of the United States of America, including the International 
Emergency Economic Powers Act, as amended (50 U.S.C. 1701 et seq.) 
(IEEPA), the National Emergencies Act (50 U.S.C. 1601 et seq.), section 
5 of the United Nations Participation Act, as amended (22 U.S.C. 287c) 
(UNPA), and section 301 of title 3, United States Code,
    I, George W. Bush,  President of the United States of America, 
hereby modify the scope of the national emergency declared in Executive 
Order 13303 of May 22, 2003, and expanded in Executive Order 13315 of 
August 28, 2003, and further modified in Executive Order 13350 of July 
29, 2004, to address the unusual and extraordinary threat to the 
national security and foreign policy of the United States posed by 
obstacles 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. I find 
that the threat of attachment or other judicial process against the 
Central Bank of Iraq constitutes one of these obstacles. I further 
determine that, consistent with United Nations Security Council 
Resolutions 1483 of May 22, 2003, and 1546 of June 8, 2004, the steps 
taken in Executive Order 13303 to deal with the national emergency 
declared therein 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.
    I hereby order:
    Section 1.  Section 1 of Executive Order 13303 is hereby amended to 
read as follows:
    ``Section 1. (a) Except as provided in section 1(b) of this order, 
            and unless licensed or otherwise authorized pursuant to this 
            order, any attachment, judgment, decree, lien, execution, 
            garnishment, or other judicial process is prohibited and 
            shall be deemed null and void with respect to the following:
 (i)         the Development Fund for Iraq;
 (ii)        all Iraqi petroleum and petroleum products, and interests 
            therein, but only until title passes to the initial 
            purchaser, and proceeds, obligations, or any financial 
            instruments of any nature whatsoever arising from or related 
            to the sale or marketing thereof, and interests therein, in 
            which any foreign country or a national thereof has any 
            interest, that are in the United States, that hereafter come 
            within the United States, or that are or hereafter come 
            within the possession or control of United States persons; 
            and
 (iii)       any accounts, assets, investments, or any other property of 
            any kind owned by, belonging to, or held by the Central Bank 
            of Iraq, or held, maintained, or otherwise controlled by any 
            financial institution of any kind in the name of, on behalf 
            of, or otherwise for the Central Bank of Iraq.
     (b) The prohibition in section 1(a) of this order shall 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.''
    Sec. 2.  (a) The Secretary of the Treasury, in consultation with the 
Secretary of State, is hereby authorized to take such actions, including 

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