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


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November 29, 2004

Dear Mr. Speaker:  (Dear Mr. President:)

    I am transmitting an alternative plan for the locality pay increase 
payable to civilian Federal employees covered by the General Schedule 
(GS) and certain other pay systems in January 2005.
    Under title 5, United States Code, civilian Federal employees 
covered by the GS and certain other pay systems would receive a two-part 
pay increase in January 2005: (1) a 2.5 percent across-the-board 
increase in scheduled rates of basic pay derived from Employment Cost 
Index data on changes in the wages and salaries of private industry 
workers, and (2) a locality pay increase based on Bureau of Labor 
Statistics' salary surveys of non-Federal employers in each locality pay 
area, which would average about 10.6 percent for eligible employees. 
Including increases for blue-collar and other workers, the total Federal 
employee pay increase would cost about 11.2 percent of payroll in 
calendar year 2005. For Federal employees covered by the GS locality pay 
system, the overall average pay increase would be about 13.1 percent, 
far higher than the 1.5 percent total pay increase I proposed in my 
Fiscal Year 2005 budget.
    For the reasons described below, I have determined that it is 
appropriate to exercise my statutory alternative plan authority to limit 
the January 2005 GS locality pay increase.

    A national emergency has existed since September 11, 2001, which now 
includes Operation Enduring Freedom (in Afghanistan) and Operation Iraqi 
Freedom. Full statutory civilian locality pay increases averaging 10.6 
percent in 2005 would divert resources from and interfere with our 
Nation's ability to fight the war on terror, with respect to which a 
national emergency is in effect under the law. Such increases would cost 
about $9.8 billion in fiscal year 2005 alone and would build in later 
years.

    Accordingly, I have determined that--

    Under the authority of section 5304a of title 5, United States Code, 
the locality pay percentages authorized in 2004 shall remain in effect 
in 2005.

    Finally, the law requires that I include in this report an 
assessment of the impact of my decision on the Government's ability to 
recruit and retain well-qualified employees. This decision will not 
materially affect our ability to continue to attract and retain a 
quality Federal workforce. To the contrary, since the Congress has not 
funded the cost of a pay raise in excess of the 1.5 percent increase I 
proposed, agencies would have to absorb the additional cost and could 
have to freeze hiring in order to pay the higher rates. Moreover, GS 
quit rates are at an all-time low of 1.6 percent per year, well below 
the overall average quit rate in private enterprise. Should the need 
arise, the Government has many compensation tools, such as recruitment 
bonuses, retention allowances and special salary rates, to maintain the 
high quality workforce that serves our Nation so very well.
     Sincerely,

                                                George W. Bush


Note: Identical letters were sent to J. Dennis Hastert, Speaker of the 
House of Representatives, and Richard B. Cheney, President of the 
Senate. This letter was released by the Office of the Press Secretary on 
November 30.

[[Page 2878]]


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

[Page 2878-2879]
 
Pages 2869	2907
 
Week Ending Friday, December 3, 2004
 
Letter to Congressional Leaders Reporting on the Issuance of an 
Executive Order Modifying the Scope of the National Emergency Declared 
in Earlier Executive Orders Relating to Iraq

November 29, 2004

Dear Mr. Speaker:  (Dear Mr. President:)

    Consistent with subsection 204(b) of the International Emergency 
Economic Powers Act, 50 U.S.C. 1703(b) (IEEPA), I hereby report that I 
have issued an Executive Order (the ``order'') in which I modify the 
scope of the national emergency declared in Executive Order 13303 of May 
22, 2003, expanded in Executive Order 13315 of August 28, 2003, and 
further modified in Executive Order 13350 of July 29, 2004. I have 
determined that an additional threat exists with respect to which the 
national emergency was declared and expanded in those Executive Orders. 
I have also determined that steps taken in Executive Order 13303 to deal 
with the national emergency declared therein need to be revised in light 
of United Nations Security Council Resolutions 1483 of May 22, 2003, and 
1546 of June 8, 2004, respectively. I have enclosed a copy of the order.
    In Executive Order 13303 of May 22, 2003, I found that the threat of 
attachment or other judicial 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, and 
interests therein, obstructed the orderly reconstruction of Iraq, the 
restoration and maintenance of peace and security in the country, and 
the development of political, administrative, and economic institutions 
in Iraq. I determined that this situation constituted an unusual and 
extraordinary threat to the national security and foreign policy of the 
United States, and I declared a national emergency to deal with that 
threat.
    Consistent with IEEPA, as amended, (50 U.S.C. 1701 et seq.), 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, in Executive Order 13303 
I ordered, inter alia, that unless licensed or otherwise authorized 
pursuant to that 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:
 (a)         the Development Fund for Iraq, and
 (b)         all Iraqi petroleum and petroleum products, and interests 
            therein, and proceeds, obligations, or any other 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.
    Consistent with United Nations Security Council Resolutions 1483 and 
1546, I have determined that the steps taken in Executive Order 13303 to 
deal with the emergency declared therein need to be revised 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.
    The new order provides that protections granted by section 1 of 
Executive Order 13303, as well as the protections granted by this order 
to the property of the Central Bank of Iraq, 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.
    In addition, the order modifies section 1 of Executive Order 13303 
to provide that the protections granted therein to all Iraqi petroleum 
and petroleum products, and interests therein, apply only until title 
passes to the initial purchaser.
    Furthermore, I now find that the threat of attachment or other 
judicial process against the assets of the Central Bank of Iraq

[[Page 2879]]

constitutes one of the obstacles to the orderly reconstruction of Iraq, 
the restoration and maintenance of peace and security in the country, 
and the development of political, administrative, and economic 
institutions in Iraq. I have determined that the scope of the national 
emergency declared in Executive Order 13303, as expanded by Executive 
Order 13315, and modified by Executive Order 13350, be further modified 
to address this threat.
    Consequently, the order modifies the actions taken to address the 
national emergency declared in Executive Order 13303, as expanded by 
Executive Order 13315, and further modified in Executive Order 13350, by 
amending section 1 of Executive Order 13303 to extend the protections 
granted therein against any attachment, judgment, decree, lien, 
execution, garnishment, or other judicial process to 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.
    I have delegated to the Secretary of the Treasury, in consultation 
with the Secretary of State, the authority to take such actions, 
including the promulgation of rules and regulations, to employ all 
powers granted to the President by IEEPA and the UNPA as may be 
necessary to carry out the purposes of this order. The Secretary of the 
Treasury may redelegate any of these functions to other officers and 
agencies of the United States consistent with applicable law. I have 
directed all agencies of the United States Government to take all 
appropriate measures within their authority to carry out the provisions 
of this order.
     Sincerely,
                                                George W. Bush

Note: Identical letters were sent to J. Dennis Hastert, Speaker of the 
House of Representatives, and Richard B. Cheney, President of the 
Senate. This letter was released by the Office of the Press Secretary on 
November 30. An original was not available for verification of the 
content of this letter.


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

[Page 2879-2885]
 
Pages 2869	2907
 
Week Ending Friday, December 3, 2004
 
The President's News Conference With Prime Minister Paul Martin of 
Canada in Ottawa, Canada

November 30, 2004

    Prime Minister Martin. Good afternoon. The President and I had a 
very good discussion during the past few hours, both one-on-one and with 
Cabinet members and officials at the table. The President and I have had 
a productive meeting.
    In fact, we agreed to put forward an agenda in which our two nations 
will cooperate in a practical way towards common goals. From this work 
plan, a set of concrete milestones will be established in the new year. 
Furthermore, while this is a bilateral effort between our two countries, 
it is trilateral in ambition, and we'll be inviting our Mexican partners 
to join us, obviously, in this project.
    This work plan is aimed at achieving practical results for the 
people of our countries, enhanced security, greater prosperity, and 
improved quality of life. And it's about working together to advance 
democratic values and fundamental freedoms around the world.
    To do this, we've identified specific priorities and will task 
individuals within our respective governments with the responsibility of 
making these files move. We will bring new energy and tangible goals to 
this old and deep friendship. The objective is lasting progress and 
benefits for people in both countries.
    Here at home, we will collaborate further to ensure our shared 
border is closed to terror but open to the safe movement of people and 
goods, which is so integral to our economic success. We'll focus on 
ensuring that our businesses have the capacity to compete with 
entrenched and emerging global competitors. We'll work together to make 
sure that we apply smart regulation that raise standards in both 
countries, and reenforce our mutual efforts to protect the environment, 
to fight crime, to stop traffic in humans and illegal drugs, and enhance 
our ability to combat infectious disease.
    Abroad, we will cooperate in our efforts to foster democracy and 
help find a path to peace in the Middle East, protect civilian 
populations from grave threats, and build and protect the democratic 
institutions that are

[[Page 2880]]

so important to the ability of troubled states to recover and to 
thrive--to multilateral cooperation in the world, and we will be 
forceful advocates of free trade, whether that be in North America or in 
the early completion of the Doha round.
    At all times, we'll be vigilant in countering and combating 
terrorism and halting the proliferation of weapons of mass destruction.
    Now, given the wide variety of areas that have been encompassed in 
corresponding the need to ensure direction and focus, I've asked the 
Deputy Prime Minister and the Minister of Foreign Affairs to work with 
the relevant ministers to oversee the efforts that we have now laid out 
before us and to report to me directly on progress in all areas of this 
work plan no later than next June.
    President Bush and I are well aware that the prosperity of our 
nations, our status as open societies, and the well-being of our 
democratic institutions are linked now to the integrity of our 
collective security. And the work plan will be an important step forward 
toward the mutual protection of our citizens, our values, and our way of 
life.
    Mr. President.
    President Bush. Thank you very much, Mr. Prime Minister. Laura and I 
are so pleased to be here in Canada. We thank you for your warm 
hospitality. Thank you for the meetings we've had. And I'm proud to be 
standing with the Prime Minister. He's a strong leader. He's a statesman 
who's helping to build a better world. I want to thank you for your 
leadership and friendship.
    Canada and the United States share a history, a continent, and a 
border. We also share a commitment to freedom and a willingness to 
defend it in times of peril. The United States and Canada fought side by 
side in two World Wars, in Korea and the Persian Gulf, and throughout 
the cold war. Today, we're standing together against the forces of 
terror. Long-term success in this war requires more than military might. 
It requires the advance of liberty and hope as the great alternatives to 
hatred and violence.
    All free nations appreciate Canada's leadership: leadership of the 
security and stabilization mission in Afghanistan; leadership which 
helped make possible the first free nationwide election in that 
country's history. Afghanistan is a world away from the nightmare of its 
recent past, Mr. Prime Minister. It is building a decent and democratic 
future, and I want to thank you for your help.
    Once again, people in that part of the world have demonstrated the 
power of liberty to overcome great challenges. Your vision is clear on 
that, Mr. Prime Minister, and I can't thank you enough for that.
    We're also standing with the brave people of Iraq, who are preparing 
for elections on January the 30th. Both of our nations have a vital 
interest in helping the Iraqi people secure their country and build a 
free and democratic society. I want to thank the Prime Minister's 
resolve and his support for this great cause. The Canadian Government 
has pledged more than 200 million U.S. in humanitarian aid and 
reconstruction assistance and have agreed to relieve more than 450 
million U.S. dollars in Iraqi debt. A free and democratic Iraq is rising 
in the heart of the Middle East. The success of liberty there will be a 
decisive blow to the ideology of terror and a model to reformers and 
democrats throughout the region.
    As we seek freedom for the Afghan and Iraqi people, America and 
Canada are working to further the spread of democracy in our own 
hemisphere. In Haiti, Canada was a leader along with the United States, 
France, Chile, and other nations in helping to restore order. Canadian 
police are standing watch in Haiti at this hour, and the Prime Minister 
just visited the country to further the cause of political 
reconciliation. I appreciate your briefing on your visit.
    Prime Minister Martin and I share a vision of a free and democratic 

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