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