Presidential Actions

On February 15, President Joseph R. Biden, Jr. declared that a major disaster exists in the State of North Dakota and ordered Federal assistance to supplement state, tribal, and local recovery efforts in the areas affected by a severe winter storm and straight-line winds from December 25 to December 27, 2023.
 
Federal funding is available to state, tribal, and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work and the repair or replacement of facilities damaged by the severe winter storm and straight-line winds in the counties of Barnes, Cass, Dickey, Grant, LaMoure, Logan, McIntosh, Ransom, Richland, Sargent, Steele, Stutsman, and Traill.
 
Federal funding is also available on a cost-sharing basis for hazard mitigation measures statewide.
 
Mr. James R. Stephenson of the Federal Emergency Management Agency (FEMA) has been appointed to coordinate Federal recovery operations in the affected areas. 
 
Additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments.
 
FOR FURTHER INFORMATION MEDIA SHOULD CONTACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV.

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On March 1, 1996, by Proclamation 6867, a national emergency was declared to address the disturbance or threatened disturbance of international relations caused by the February 24, 1996, destruction by the Cuban government of two unarmed, United States-registered civilian aircraft in international airspace north of Cuba.  On February 26, 2004, by Proclamation 7757, the national emergency was expanded to deny monetary and material support to the Cuban government.  On February 24, 2016, by Proclamation 9398, and on February 22, 2018, by Proclamation 9699, the national emergency was further modified based on continued disturbances or threatened disturbances of the international relations of the United States related to Cuba.  The Cuban government has not demonstrated that it will refrain from the use of excessive force against United States vessels or aircraft that may engage in memorial activities or peaceful protest north of Cuba.

     Further, the unauthorized entry of any United States-registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the United States because such entry could facilitate a mass migration from Cuba.  It continues to be United States policy that a mass migration from Cuba would endanger United States national security by posing a disturbance or threatened disturbance of the international relations of the United States.

     Therefore, in accordance with section 202(d) of the National 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 Proclamation 6867, as amended by Proclamation 7757, Proclamation 9398, and Proclamation 9699.

     This notice shall be published in the Federal Register and transmitted to the Congress.

                             JOSEPH R. BIDEN JR.

THE WHITE HOUSE,    
February 21, 2024.

The post Notice on the Continuation of the National Emergency with Respect to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels appeared first on The White House.

Dear Mr. Speaker:   (Dear Madam President:)

Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to Cuba that was declared on March 1, 1996, in Proclamation 6867, as amended by Proclamation 7757 on February 26, 2004, Proclamation 9398 on February 24, 2016, and Proclamation 9699 on February 22, 2018, is to continue in effect beyond March 1, 2024.

There remains a need to continue this national emergency, based on a disturbance or threatened disturbance of the international relations for the United States related to Cuba.  The unauthorized entry of any United States-registered vessel into Cuban territorial waters continues to be detrimental to the foreign policy of the United States.

The unauthorized entry of vessels subject to the jurisdiction of the United States into Cuban territorial waters is currently a violation of Federal law.  Further, the unauthorized entry of United States-registered vessels into Cuban territorial waters continues to be detrimental to United States foreign policy and counter to the purpose of Executive Order 12807, which is to ensure, among other things, safe, orderly, and legal migration.  The possibility of large-scale unauthorized entries of United States-registered vessels into Cuban territorial waters would disturb the international relations of the United States regarding Cuba by allowing for or providing the means to facilitate a mass migration of Cuban nationals and threatening our national security.

Therefore, I have determined that it is necessary to continue the national emergency with respect to Cuba and the emergency authority relating to the regulation of the anchorage and movement of vessels set out in Proclamation 6867, as amended by Proclamation 7757, Proclamation 9398, and Proclamation 9699.

                             Sincerely,

                             JOSEPH R. BIDEN JR.

The post Letter to the Speaker of the House and President of the Senate on the Continuation of the National Emergency With Respect to Cuba and of the Emergency Authority Relating to the Regulation of the Anchorage and Movement of Vessels appeared first on The White House.

Dear Mr. Speaker:   (Dear Madam President:)
 
Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to Libya declared in Executive Order 13566 of February 25, 2011, and expanded in Executive Order 13726 of April 19, 2016, is to continue in effect beyond February 25, 2024.
 
Libyans confront ongoing instability originating from actions Colonel Muammar Qadhafi, his government, and close associates took against the people of Libya in 2011.  Civil conflict in Libya will continue until Libyans resolve their political divisions and foreign military intervention ends.  Because many of these divisions relate to access to resources, a serious risk remains that, if not protected, Libyan state assets will be misappropriated by parties determined to undermine the ongoing United Nations peace process, including former members of the Qadhafi government, members of the Qadhafi family, or Qadhafi’s close associates.  The diversion of these resources could prolong and deepen the current instability in Libya, which benefits ISIS and other terrorist groups that pose a serious threat to the national security of the United States and the security of regional partners.  We run the risk of military escalation if sanctions do not remain in effect, particularly since those who reject dialogue and obstruct and undermine Libya’s democratic transition remain interested in exploiting the wealth of the Libyan people to advance their narrow self‑interest and perpetuate conflict in the country.
 
The situation in Libya continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, and we need to protect against the diversion of assets or other abuse by persons hindering Libyan national reconciliation, including Qadhafi’s family and associates.  Therefore, I have determined that it is necessary to continue the national emergency declared in Executive Order 13566 with respect to Libya.
 
                                        Sincerely,
 
 
 
                                        JOSEPH R. BIDEN JR.
 

The post Letter to the Speaker of the House and President of the Senate on the Continuation of the National Emergency With Respect to Libya appeared first on The White House.

  On February 25, 2011, by Executive Order 13566, the President declared a national emergency 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 Colonel Muammar Qadhafi, his government, and close associates, which took extreme measures against the people of Libya, including by using weapons of war, mercenaries, and wanton violence against unarmed civilians.  In addition, there was a serious risk that Libyan state assets would be misappropriated by Qadhafi, members of his government, members of his family, or his close associates if those assets were not protected.  The foregoing circumstances, the prolonged attacks, and the increased numbers of Libyans seeking refuge in other countries from the attacks caused a deterioration in the security of Libya and posed a serious risk to its stability.

     On April 19, 2016, the President signed Executive Order 13726, which expanded the scope of the national emergency declared in Executive Order 13566.  The President found that the ongoing violence in Libya, including attacks by armed groups against Libyan state facilities, foreign missions in Libya, and critical infrastructure, as well as human rights abuses, violations of the arms embargo imposed by United Nations Security Council Resolution 1970 (2011), and misappropriation of Libya’s natural resources threaten the peace, security, stability, sovereignty, democratic transition, and territorial integrity of Libya, and thereby constitute an unusual and extraordinary threat to the national security and foreign policy of the United States.

     The situation in Libya continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States, and measures are needed to protect against the diversion of assets or other abuses by members of Qadhafi’s family, their associates, and other persons hindering Libyan national reconciliation.

     For this reason, the national emergency declared on February 25, 2011, and expanded on April 19, 2016, must continue in effect beyond February 25, 2024.  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 declared in Executive Order 13566.

     This notice shall be published in the Federal Register and transmitted to the Congress.


                                           JOSEPH R. BIDEN JR.



THE WHITE HOUSE,
    February 21, 2024.

The post Press Release: Notice on the Continuation of the National Emergency With National Emergency With Respect to Libya appeared first on The White House.

  By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 1 of title II of the Act of June 15, 1917, as amended (46 U.S.C. 70051) (the “Act”), and in addition to the finding in Executive Order 10173 of October 18, 1950, and any other declaration or finding in force under section 1 of the Act, I find that the security of the United States is endangered by reason of disturbances in the international relations of the United States that exist as a result of persistent and increasingly sophisticated malicious cyber campaigns against the United States, and that such disturbances continue to endanger such relations, and hereby order that:

Section 1.  Amendments.  Part 6 of title 33 of the Code of Federal Regulations is amended by:

(a)  Amending section 6.01-3 to read as follows:

“6.01-3.  Captain of the Port.  Captain of the Port, as used in this part, means the officer of the Coast Guard, under the command of a District Commander, so designated by the Commandant for the purpose of giving immediate direction to Coast Guard law enforcement activities within the Captain of the Port’s assigned area.  In addition, the District Commander will be Captain of the Port with respect to the remaining areas in the District not assigned to officers designated by the Commandant as Captain of the Port.”;

     (b)  Amending section 6.01-5 to read as follows:

“6.01-5.  Security zone.  Security zone, as used in this part, means all areas of land, water, or land and water, which are so designated by the Captain of the Port for such time as the Captain of the Port deems necessary to prevent damage or injury to any vessel or waterfront facility, to safeguard ports, harbors, territories, or waters of the United States or to secure the observance of the rights and obligations of the United States.”;

     (c)  Adding after the existing section 6.01-6 the following new section:

“6.01-7.  Damage.  Damage, as used in this part in connection with any data, information, network, program, system, or other digital infrastructure, has the meaning ascribed to “damage” under 18 U.S.C. 1030(e)(8).”;

     (d)  Adding after the new section 6.01-7 the following new section:

“6.01-8.  Cyber incident.  Cyber incident, as used in this part, has the meaning ascribed to an “incident” under 44 U.S.C. 3552(b)(2).”;

     (e)  Amending section 6.04-5 to read as follows:

“6.04-5.  Preventing access of persons, articles, or things, including any data, information, network, program, system, or other digital infrastructure, to vessels, or waterfront facilities.  The Captain of the Port may prevent any person, article, or thing, including any data, information, network, program, system, or other digital infrastructure, from boarding or being taken or placed on board any vessel or entering or being taken into or upon or placed in or upon any waterfront facility whenever it appears to the Captain of the Port that such action is necessary in order to secure such vessel from damage or injury or to prevent damage or injury to any vessel, or waterfront facility, including any data, information, network, program, system, or other digital infrastructure therein or thereon, or waters of the United States, or to secure the observances of rights and obligations of the United States.”;

     (f)  Amending section 6.04-6 to read as follows:

“6.04-6.  Establishing security zones; prohibitions with respect thereto.  The Captain of a Port may establish security zones subject to the terms and conditions specified in § 6.01–5.  No person or vessel shall enter a security zone without the permission of the Captain of the Port.  No person shall board or take or place any article or thing, including any data, information, network, program, system, or other digital infrastructure, on board any vessel in a security zone without the permission of the Captain of the Port.  No person shall take or place any article or thing upon any waterfront facility in any such zone without such permission.”;

     (g)  Amending section 6.04-7 to read as follows:

“6.04-7.  Visitation, search, and removal.  As consistent with law, the Captain of the Port may cause to be inspected and searched at any time any vessel, waterfront facility, or security zone, or any person, article, or thing, including any data, information, network, program, system, or other digital infrastructure thereon or therein, within the jurisdiction of the United States, may place guards upon any such vessel, waterfront facility, or security zone and may remove therefrom any and all persons, articles, or things, including any data, information, network, program, system, or other digital infrastructure, not specifically authorized by the Captain of the Port to go or remain thereon or therein.”;

     (h)  Amending section 6.04-8 to read as follows:

“6.04-8.  Possession and control of vessels.  The Captain of the Port may supervise and control the movement of any vessel and shall take full or partial possession or control of any vessel or any part thereof, within the territorial waters of the United States under the Captain of the Port’s jurisdiction, whenever it appears to the Captain of the Port that such action is necessary in order to secure such vessel from damage or injury, including damage to any data, information, network, program, system, or other digital infrastructure thereon or therein, or to prevent damage or injury to any vessel or waterfront facility or waters of the United States, or to secure the observance of rights and obligations of the United States.”;

     (i)  Amending section 6.10-7 to read as follows:

“6.10-7.  Identification credentials.  The identification credential to be issued by the Commandant shall be known as the Coast Guard Port Security Card, and the form of such credential, and the conditions and the manner of its issuance shall be as prescribed by the Commandant after consultation with the Secretary of Labor.  The Commandant shall not issue a Coast Guard Port Security Card unless the Commandant is satisfied that the character and habits of life of the applicant therefor are such as to authorize the belief that the presence of such individual on board a vessel or within a waterfront facility would not be inimical to the security of the United States.  The Commandant shall revoke and require the surrender of a Coast Guard Port Security Card when the Commandant is no longer satisfied that the holder is entitled thereto.  The Commandant may recognize for the same purpose such other credentials as the Commandant may designate in lieu of the Coast Guard Port Security Card.”;

     (j)  Amending section 6.14-1 to read as follows:

“6.14-1.  Safety measures.  The Commandant, in order to achieve the purposes of this part, may prescribe such conditions and restrictions relating to the safety of waterfront facilities and vessels in port as the Commandant finds to be necessary under existing circumstances.  Such conditions and restrictions may extend, but shall not be limited to, the inspection, operation, maintenance, guarding, and manning of, and fire-prevention measures for, such vessels and waterfront facilities.  Such conditions and restrictions relating to the safety of waterfront facilities and vessels in port may also extend to measures the Commandant finds to be necessary under existing circumstances to prevent, detect, assess, and remediate an actual or threatened cyber incident that could cause damage or injury to vessels, harbors, ports, or waterfront facilities.”;

     (k)  Amending section 6.14-2 to read as follows:

“6.14-2.  Condition of waterfront facility a danger to vessel.  Whenever the Captain of the Port finds that the mooring of any vessel to a wharf, dock, pier, or other waterfront structure would endanger such vessel, or any other vessel, or the harbor or any facility therein by reason of conditions existing on or about such wharf, dock, pier, or other waterfront structure, including inadequate guard service, insufficient lighting, fire hazards, inadequate fire protection, unsafe machinery, internal disturbance, damage to any data, information, network, program, system, or other digital infrastructure, actual or threatened cyber incident, or unsatisfactory operation, the Captain of the Port may prevent the mooring of any vessel to such wharf, dock, pier, or other waterfront structure until the unsatisfactory condition or conditions so found are corrected, and the Captain of the Port may, for the same reasons, after any vessel has been moored, compel the shifting of such vessel from any such wharf, dock, pier, or other waterfront structure.”;

     (l)  Amending section 6.16-1 to read as follows:

“6.16-1.  Reporting of sabotage, subversive activity, or an actual or threatened cyber incident.  Evidence of sabotage, subversive activity, or an actual or threatened cyber incident involving or endangering any vessel, harbor, port, or waterfront facility, including any data, information, network, program, system, or other digital infrastructure thereon or therein, shall be reported immediately to the Federal Bureau of Investigation, the Cybersecurity and Infrastructure Security Agency (for any cyber incident), and the Captain of the Port, or to their respective representatives.”;

     (m)  Amending section 6.16-3 to read as follows:

“6.16-3.  Precautions against sabotage.  The master, owner, agent, or operator of a vessel or waterfront facility shall take all necessary precautions to protect the vessel, waterfront facility, and cargo, including any data, information, network, program, system, or other digital infrastructure thereon or therein, from sabotage.”; and

     (n)  Amending section 6.19-1 to read as follows:

“6.19-1.  Primary responsibility.  Nothing contained in this part shall be construed as relieving the masters, owners, operators, and agents of vessels or other waterfront facilities from their primary responsibility for the protection and security of such vessels or waterfront facilities, including any data, information, network, program, system, or other digital infrastructure thereon or therein.”.

     Sec. 2.  Coordination.  In enforcing regulations amended by this order, the Commandant shall coordinate with the Department of Justice and other relevant executive departments and agencies, as appropriate under applicable law or policy.

     Sec. 3.  General Provisions.  (a)  Nothing in this order shall be construed to impair or otherwise affect:

(i)   the authority granted by law to an executive department or agency, or the head thereof; or

(ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

      (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

     (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

                              JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
  February 21, 2024.

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The President is announcing his intent to nominate one individual to a federal circuit court and four individuals to federal district courts—all of whom are extraordinarily qualified, experienced, and devoted to the rule of law and our Constitution.

These choices also continue to fulfill the President’s promise to ensure that the nation’s courts reflect the diversity that is one of our greatest assets as a country—both in terms of personal and professional backgrounds.

This will be President Biden’s forty-sixth round of nominees for federal judicial positions, bringing the number of announced federal judicial nominees to 224.

The President is also announcing his intent to nominate two individuals to serve as U.S. Attorney. These are officials who will be indispensable to upholding the rule of law as top federal law enforcement officials.

These individuals were chosen for their devotion to enforcing the law, their professionalism, their experience and credentials, their dedication to pursuing equal justice for all, and their commitment to the independence of the Department of Justice.

The President has now announced 76 nominees to serve as U.S. Attorneys.

United States Circuit Court Announcement

1. Judge Nancy L. Maldonado: Nominee for the United States Court of Appeals for the Seventh Circuit

Judge Nancy L. Maldonado has been a United States District Judge for the Northern District of Illinois since 2022. Judge Maldonado was previously a partner at Miner, Barnhill & Galland, P.C. in Chicago from 2010 to 2022 and an associate at the firm from 2003 to 2009. From 2001 to 2003, Judge Maldonado served as a law clerk for Judge Rubén Castillo on the U.S. District Court for the Northern District of Illinois. She received her J.D. from Columbia Law School in 2001 and her A.B., cum laude, from Harvard University in 1997.

United States District Court Announcements

1. Georgia N. Alexakis: Nominee for the United States District Court for the Northern District of Illinois

Georgia N. Alexakis has been an Assistant United States Attorney and the Chief of Appeals for the Criminal Division in the U.S. Attorney’s Office for the Northern District of Illinois since 2022. She previously served as an Assistant U.S. Attorney in that office from 2013 to 2021. From 2021 to 2022, Ms. Alexakis worked as a partner at Riley Safer Holmes & Cancila LLP in Chicago. From 2008 to 2012, she was an associate and then a partner at Bartlit Beck Herman Palenchar & Scott LLP, also in Chicago. Ms. Alexakis served as a law clerk for Judge Milton I. Shadur on the U.S. District Court for the Northern District of Illinois from 2007 to 2008 and for Judge Marsha S. Berzon on the U.S. Court of Appeals for the Ninth Circuit from 2006 to 2007. She received her J.D., magna cum laude, from Northwestern Pritzker School of Law in 2006 and her A.B., magna cum laude, from Harvard University in 2000. Between college and law school, from 2000 to 2003, Ms. Alexakis worked as an associate and then as a consultant at the Boston Consulting Group in Chicago.

2. Krissa M. Lanham: Nominee for the United States District Court for the District of Arizona

Krissa M. Lanham has been an Assistant United States Attorney in the U.S. Attorney’s Office for the District of Arizona since 2009. She has served as Appellate Chief in that office since 2020, after previously serving as the Deputy Appellate Chief and Human Trafficking Coordinator. Ms. Lanham served as a law clerk for Judge Barry G. Silverman on the U.S. Court of Appeals for the Ninth Circuit from 2008 to 2009 and for Judge Robert N. Chatigny on the U.S. District Court for the District of Connecticut from 2007 to 2008. She received her J.D. from Yale Law School in 2007 and her B.A., summa cum laude, from Yale University in 2002.

3. Judge Angela M. Martinez: Nominee for the United States District Court for the District of Arizona

Judge Angela M. Martinez has been a United States Magistrate Judge for the District of Arizona since 2023. Judge Martinez was previously an Assistant United States Attorney in the U.S. Attorney’s Office for the District of Arizona from 2015 to 2023. From 2013 to 2015, she served as a law clerk for Judge Jennifer G. Zipps on the U.S. District Court for the District of Arizona. Prior to that, Judge Martinez was an associate at Farhang & Medcoff, P.L.L.C. from 2012 to 2013 after an earlier period serving as an Assistant U.S. Attorney in the District of Arizona from 2005 to 2009. Before joining the U.S. Attorney’s Office, Judge Martinez was an associate at Lewis and Roca, L.L.P. in Phoenix and Tucson from 2002 to 2004 and she served as a law clerk for Judge John M. Roll on the U.S. District Court for the District of Arizona from 2000 to 2002. Judge Martinez received her J.D. from the University of Arizona James E. Rogers College of Law in 2000 and her B.A. from the University of Arizona in 1995.

4. Sparkle L. Sooknanan: Nominee for the United States District Court for the District of Columbia

Sparkle L. Sooknanan has been the Principal Deputy Assistant Attorney General in the United States Department of Justice’s Civil Rights Division since 2023. She previously served as a Deputy Associate Attorney General in the Department of Justice from 2021 to 2023, after first working in the Department as an appellate attorney in the Civil Division from to 2012 to 2013. From 2014 to 2021, Ms. Sooknanan worked in private practice at Jones Day, becoming a partner at the firm in 2020. Prior to that, she served as a law clerk for Justice Sonia Sotomayor on the U.S. Supreme Court from 2013 to 2014, for Judge Guido Calabresi on the U.S. Court of Appeals for the Second Circuit from 2011 to 2012, and for Judge Eric N. Vitaliano on the U.S. District Court for the Eastern District of New York from 2010 to 2011. Ms. Sooknanan received her J.D., summa cum laude, from Brooklyn Law School in 2010, her M.B.A. with distinction from Hofstra University in 2003, and her B.S., summa cum laude, from St. Francis College in 2002.

United States Attorney Announcements

1. Matthew Gannon: Nominee for United States Attorney for the Northern District of Iowa

Matthew Gannon served as First Assistant Attorney General in the Iowa Attorney General’s Office from 2021 to 2023. From 2007 to 2021, he served in the Iowa Attorney General’s Office as an Assistant Attorney General where he led the Office’s Tobacco Enforcement Program. Prior to that, Mr. Gannon worked in private practice as an associate with Arnold & Porter L.L.P. in Washington, D.C. from 1998 to 2007. Mr. Gannon received his J.D. from the University of Iowa College of Law in 1998 and his B.A., magna cum laude, from the University of Notre Dame in 1994.

2. David C. Waterman: Nominee for United States Attorney for the Southern District of Iowa

David C. Waterman has been an attorney at the law firm of Lane & Waterman L.L.P., in Davenport, Iowa, since 2020. Mr. Waterman was previously an Assistant United States Attorney in the U.S. Attorney’s Office for the Middle District of Florida from 2016 to 2020. He served as a law clerk for Judge Michael J. Melloy on the U.S. Court of Appeals for the Eighth Circuit from 2015 to 2016, for Judge Mark W. Bennett on the U.S. District Court for the Northern District of Iowa from 2014 to 2015, and for Judge John A. Jarvey on the U.S. District Court for the Southern District of Iowa from 2013 to 2014. Mr. Waterman received his J.D. from the University of California, Los Angeles School of Law in 2013; his M.Phil. from the University of Cambridge in 2010; and his B.A., summa cum laude, from The George Washington University in 2009.

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President Joseph R. Biden, Jr. today announced the designation of a Presidential Delegation to attend the State Funeral of His Excellency Hage G. Geingob, former President of the Republic of Namibia, February 24-25, 2024, in Windhoek, Namibia.
 
The Honorable Deb Haaland, Secretary of the United States Department of the Interior, will lead the delegation.

Members of the Presidential Delegation:

The Honorable Randy Berry, Ambassador of the United States to the Republic of Namibia
 
The Honorable Enoh T. Ebong, Director, United States Trade and Development Agency
 
The Honorable Mala Adiga, Deputy Assistant to the President and Director of Policy and Projects for the First Lady, The White House
 
The Honorable Paula Tufro, Special Assistant to the President and Senior Director for Development, Global Health, and Humanitarian Response, National Security Council

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Today, President Joseph R. Biden, Jr. declared that a major disaster exists in the State of Washington and ordered Federal assistance to supplement state, tribal, and local recovery efforts in the areas affected by wildfires from August 18 to August 25, 2023.
 
The President’s action makes Federal funding available to affected individuals in Spokane County.
 
Assistance can include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the effects of the disaster.
 
Federal funding is also available to state, tribal, and eligible local governments and certain private nonprofit organizations on a cost-sharing basis for emergency work in Spokane County.
 
Finally, federal funding is available on a cost-sharing basis for hazard mitigation measures statewide.
 
Mr. Toney L. Raines of the Federal Emergency Management Agency (FEMA) has been appointed to coordinate Federal recovery operations in the affected areas. 
 
Additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments.
 
Residents and business owners who sustained losses in the designated areas can begin applying for assistance at www.DisasterAssistance.gov, by calling 800-621-FEMA (3362), or by using the FEMA App. Anyone using a relay service, such as video relay service (VRS), captioned telephone service or others, can give FEMA the number for that service. 
 
FOR FURTHER INFORMATION MEDIA SHOULD CONTACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV.

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Today, President Joseph R. Biden, Jr. declared that a major disaster exists in the State of California and ordered Federal assistance to supplement state, tribal, and local recovery efforts in the areas affected by a severe storm and flooding from January 21 to January 23, 2024.
 
The President’s action makes Federal funding available to affected individuals in San Diego County.
 
Assistance can include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the effects of the disaster.
 
Federal funding is also available on a cost-sharing basis for hazard mitigation measures statewide.
 
Ms. N. Allison Pfaendler of the Federal Emergency Management Agency (FEMA) has been appointed to coordinate Federal recovery operations in the affected areas. 
 
Additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments.
 
Residents and business owners who sustained losses in the designated areas can begin applying for assistance at www.DisasterAssistance.gov, by calling 800-621-FEMA (3362), or by using the FEMA App. Anyone using a relay service, such as video relay service (VRS), captioned telephone service or others, can give FEMA the number for that service. 
 
FOR FURTHER INFORMATION MEDIA SHOULD CONTACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV.

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MEMORANDUM FOR THE SECRETARY OF STATE
                                             THE SECRETARY OF DEFENSE
                                             THE ATTORNEY GENERAL

SUBJECT:       Delegation of Authority Under                             Section 1230 of the National                             Defense Authorization Act for                             Fiscal Year 2024


By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of Defense, in consultation with the Secretary of State and, as appropriate, the Attorney General, the authority to transmit to certain congressional committees the report required by section 1230 of the National Defense Authorization Act for Fiscal Year 2024 (Public Law 118-31).

The delegation in this memorandum shall apply to any provision of any future public law that is the same or substantially the same as the provision referenced in this memorandum.

The Secretary of Defense is authorized and directed to publish this memorandum in the Federal Register.

                               JOSEPH R. BIDEN JR.

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MEMORANDUM FOR THE SECRETARY OF STATE

THE SECRETARY OF HOMELAND SECURITY

SUBJECT:       Deferred Enforced Departure for Certain Palestinians

Following the horrific October 7, 2023, terrorist attack by Hamas against Israel, and Israel’s ensuing military response, humanitarian conditions in the Palestinian territories, and primarily Gaza, have significantly deteriorated.  While I remain focused on improving the humanitarian situation, many civilians remain in danger; therefore, I am directing the deferral of removal of certain Palestinians who are present in the United States.

Pursuant to my constitutional authority to conduct the foreign relations of the United States, I have determined that it is in the foreign policy interest of the United States to defer for 18 months the removal of any Palestinian subject to the conditions and exceptions provided below.

Accordingly, I hereby direct the Secretary of Homeland Security to take appropriate measures to defer for 18 months the removal of any Palestinian who is present in the United States on the date of this memorandum, except for those:

(1)  who have voluntarily returned to the Palestinian territories after the date of this memorandum;

(2)  who have not continuously resided in the United States since the date of this memorandum;

(3)  who are inadmissible under section 212(a)(3) of the Immigration and Nationality Act (INA) (8 U.S.C. 1182(a)(3)) or deportable under section 237(a)(4) of the INA (8 U.S.C. 1227(a)(4));

(4)  who have been convicted of any felony or two or more misdemeanors committed in the United States, or who meet any of the criteria set forth in section 208(b)(2)(A) of the INA (8 U.S.C. 1158(b)(2)(A));

(5)  who are subject to extradition;

(6)  whose presence in the United States the Secretary of Homeland Security has determined is not in the interest of the United States or presents a danger to public safety; or

(7)  whose presence in the United States the Secretary of State has reasonable grounds to believe would have potentially serious adverse foreign policy consequences for the United States.

I further direct the Secretary of Homeland Security to take appropriate measures to authorize employment for noncitizens whose removal has been deferred, as provided by this memorandum, for the duration of such deferral, and to consider suspending regulatory requirements with respect to F-1 nonimmigrant students who are Palestinians as the Secretary of Homeland Security determines to be appropriate.

The Secretary of Homeland Security is authorized and directed to publish this memorandum in the Federal Register.

                             JOSEPH R. BIDEN JR.

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NATIONAL SECURITY MEMORANDUM/NSM-20

MEMORANDUM FOR THE SECRETARY OF STATE
               THE SECRETARY OF DEFENSE
               THE ATTORNEY GENERAL
               THE DIRECTOR OF THE OFFICE OF MANAGEMENT AND
                 BUDGET
               THE DIRECTOR OF NATIONAL INTELLIGENCE

SUBJECT:       Safeguards and Accountability With Respect to
               Transferred Defense Articles and Defense
               Services

As outlined in National Security Memorandum 18 of February 23, 2023 (United States Conventional Arms Transfer Policy) (NSM-18), supporting foreign partners of the United States through appropriate transfers of defense articles by the Department of State and the Department of Defense is a critical tool for advancing United States foreign policy and national security objectives, including to:

     (a)  strengthen the collective security of the United States and its allies and partners by enhancing interoperability and supporting United States-led diplomacy in building and maintaining international coalitions;

     (b)  promote international peace and stability, and help allies and partners deter and defend themselves against aggression and foreign malign influence;

     (c)  strengthen United States national security by reinforcing respect for human rights, international humanitarian law, democratic governance, and the rule of law;

     (d)  prevent arms transfers that risk facilitating or otherwise contributing to violations of human rights or international humanitarian law; and

     (e)  strengthen ally and partner capacity to respect their obligations under international law and reduce the risk of civilian harm, including through appropriate tools, training, advising, and institutional capacity-building efforts that accompany arms transfers.

Equally critical is ensuring that adequate safeguards and accountability exist with respect to transferred defense articles and defense services.  Under the Arms Export Control Act (22 U.S.C. 2751, et seq.), both the Department of State and the Department of Defense implement end-use monitoring programs. 

In addition, as a matter of policy, the United States always seeks to promote adherence to international law and encourages other states and partners to do the same.  United States policy, including as reflected in Executive Order 13732 of July 1, 2016 (United States Policy on Pre- and Post-Strike Measures to Address Civilian Casualties in U.S. Operations Involving the Use of Force), is for executive departments and agencies to engage with foreign partners to share and learn best practices for reducing the likelihood of and responding to civilian casualties, including through appropriate training and assistance.  In order to effectively implement certain obligations under United States law, the United States must maintain an appropriate understanding of foreign partners’ adherence to international law, including, as applicable, international human rights law and international humanitarian law.  As a matter of international law, the United States looks to the law of state responsibility and United States partners’ compliance with international humanitarian law in assessing the lawfulness of United States military assistance to, and joint operations with, military partners. 

For these reasons, I am issuing this memorandum, which requires the Secretary of State to obtain certain credible and reliable written assurances from foreign governments receiving defense articles and, as appropriate, defense services, from the Departments of State and Defense, and requires the Secretaries of State and Defense to provide periodic congressional reports to enable meaningful oversight.  In addition to the requirements of this memorandum, the Secretaries of State and Defense are responsible for ensuring that all transfers of defense articles and defense services by the Departments of State and Defense under any security cooperation or security assistance authorities are conducted in a manner consistent with all applicable international and domestic law and policy, including international humanitarian law and international human rights law, the applicable “Leahy Law” (22 U.S.C. 2378d, 10 U.S.C. 362), and NSM-18.

Section 1.  Policy.  (a)  Except as provided below, the policy outlined in this memorandum applies prospectively to the provision to foreign governments by the Departments of State or Defense of any defense articles funded with congressional appropriations under their respective security assistance and security cooperation authorities, including with Foreign Military Financing and Ukraine Security Assistance Initiative funds, pursuant to 10 U.S.C. 333, and pursuant to Presidential drawdown authority under section 506 of the Foreign Assistance Act of 1961 (22 U.S.C. 2318).  Prior to the Departments of State or Defense providing such defense articles to the recipient country and, as applicable, consistent with the timelines set out in subsection (c) of this section, the Secretary of State shall:

          (i)   obtain credible and reliable written assurances from a representative of the recipient country as the Secretary of State deems appropriate that the recipient country will use any such defense articles in accordance with international humanitarian law and, as applicable, other international law; and

          (ii)  in furtherance of supporting section 620I of the Foreign Assistance Act of 1961 (22 U.S.C. 2378-1) and applicable international law, obtain credible and reliable written assurances from a representative of the recipient country as the Secretary of State deems appropriate that, in any area of armed conflict where the recipient country uses such defense articles, consistent with applicable international law, the recipient country will facilitate and not arbitrarily deny, restrict, or otherwise impede, directly or indirectly, the transport or delivery of United States humanitarian assistance and United States Government-supported international efforts to provide humanitarian assistance.

The assurances described in this subsection shall be enforceable consistent with subsection (b) of this section.

     (b)  Upon an assessment by the Secretary of State or the Secretary of Defense that the credibility or reliability of assurances provided by the recipient country as required by subsection (a) of this section has been called into question and should be revisited, the Secretary of State or the Secretary of Defense, as appropriate, shall report to the President, through the Assistant to the President for National Security Affairs, within 45 days of such assessment and shall indicate appropriate next steps to be taken to assess and remediate the situation.  Such remediation could include actions from refreshing the assurances to suspending any further transfers of defense articles or, as appropriate, defense services.

     (c)  Recognizing that a reasonable period of time is necessary to obtain the assurances required by subsection (a) of this section from foreign governments already receiving such defense articles from the Departments of State or Defense as of the date of this memorandum, the Secretary of State shall obtain the required assurances from those countries within the following time periods:

          (i)   For any country to which subsection (a) of this section applies and that is deemed by the Secretary of State to be engaged, as of the date of this memorandum, in an active armed conflict in which defense articles covered by this section are used, the Secretary of State shall obtain the assurances outlined in subsection (a) of this section not later than 45 days after the date of this memorandum and shall provide an update to the President, through the Assistant to the President for National Security Affairs, regarding the recipient countries that have provided such assurances.  If the Secretary of State does not obtain such assurances within 45 days of the date of this memorandum, the transfer of defense articles and, as applicable, defense services, shall be paused until the required assurances are obtained.

          (ii)  For any country to which subsection (a) of this section applies and that is not deemed by the Secretary of State to be engaged, as of the date of this memorandum, in an active armed conflict in which defense articles covered by this section are used, the Secretary of State shall obtain the assurances outlined in subsection (a) of this section not later than 180 days after the date of this memorandum and shall provide an update to the President, through the Assistant to the President for National Security Affairs, regarding the recipient countries that have provided such assurances.  If the Secretary of State does not obtain such assurances within 180 days of the date of this memorandum, the transfer of defense articles and, as applicable, defense services, shall be paused until the required assurances are obtained.

     (d)  This memorandum does not apply to (1) air defense systems; (2) other defense articles or defense services that are intended to be used for strictly defensive purposes or are exclusively for non-lethal purposes other than in armed conflict; (3) defense articles or defense services that are non-lethal in nature; or (4) transfers strictly for the operational needs of the Department of Defense. 

     (e)  This memorandum shall apply to the provision to foreign governments by the Departments of State or Defense of any defense services the Secretary of State or the Secretary of Defense determines to be appropriate under their respective authorities in furthering the aims of the policy outlined in this memorandum.

     (f)  In rare and extraordinary circumstances justified by an imperative associated with the national security of the United States, and with concurrent notification to the President, including an articulation of the relevant justification, the Secretary of State or the Secretary of Defense may waive the requirements of this section.  Such waiver should be as limited in time, scope, and nature as deemed necessary to advance the interests of United States national security.

Sec. 2.  Congressional Reporting.  (a)  Not later than 90 days after the date of this memorandum, and once every fiscal year thereafter, the Secretaries of State and Defense shall report in written form and, to the extent additionally appropriate, through verbal briefings by appropriate senior officials of their respective departments, to the Committee on Foreign Relations, the Committee on Armed Services, and the Committee on Appropriations of the Senate; the Committee on Foreign Affairs, the Committee on Armed Services, and the Committee on Appropriations of the House of Representatives; and, upon request, other congressional national security committees as appropriate.  The written report shall address defense articles and, as appropriate, defense services, provided by the Departments of State or Defense described in subsections 1(a) and 1(e) of this memorandum, and shall include:

          (i)     any new assurances obtained since the prior report;

          (ii)    an assessment of any credible reports or allegations that such defense articles and, as appropriate, defense services, have been used in a manner not consistent with international law, including international humanitarian law; such assessment shall include any determinations, if they can reasonably be made, as to whether use has occurred in a manner not consistent with international law, and if so, whether the recipient country has pursued appropriate accountability;

          (iii)   a description of the procedures used to make the assessment described in subsection (a)(ii) of this section;

          (iv)    an assessment and analysis of (1) any credible reports indicating that the use of such defense articles and, as appropriate, defense services, has been found to be inconsistent with established best practices for mitigating civilian harm, including practices that have been adopted by the United States military, and including measures implemented in response to the Department of Defense’s Civilian Harm Mitigation and Response Action Plan or incidents reviewed pursuant to the Department of State’s Civilian Harm Incident Response Guidance; and (2) the extent to which efforts to induce effective implementation of such civilian harm mitigation best practices have been incorporated into the relevant United States security assistance program;

          (v)     a description of the procedures used to make the assessment and analysis described in subsection (iv) of this section;

          (vi)    a description of any known occurrences of such defense articles and, as appropriate, defense services, not being received by the recipient foreign government that is the intended recipient, or being misused for purposes inconsistent with the intended purposes, and a description of any remedies undertaken;

          (vii)   an assessment and analysis of whether each foreign government recipient has abided by the assurances received pursuant to section 1(a)(ii) of this memorandum, whether such recipient is in compliance with section 620I of the Foreign Assistance Act of 1961 (22 U.S.C. 2378-1), and whether such recipient has fully cooperated with United States Government efforts and United States Government-supported international efforts to provide humanitarian assistance in an area of armed conflict where the recipient country is using such defense articles and, as appropriate, defense services; and 

          (viii)  a description of any challenges to conducting the assessment and analysis described in subsections (a)(i)-(vii) of this section, including whether or not there is available information responsive to the subsections above. 

     (b)  The written report and, where applicable, accompanying verbal briefing provided under subsection (a) of this section shall be unclassified but may be supplemented, to the extent necessary, with classified reporting as appropriate for the protection of classified national security information.

     (c)  The first report provided under this section shall include available information on the use, since January 2023, of defense articles and, as appropriate, defense services, provided by the Departments of State or Defense described in subsections 1(a) and 1(e) of this memorandum by recipient countries that engaged in armed conflict during calendar year 2023.

     (d)  The Secretaries of State and Defense shall notify the congressional committees specified in subsection (a) of this section within 7 days following any report provided to the President pursuant to section 1(b) of this memorandum and within 7 days following any notification provided to the President of the exercise of a waiver pursuant to section 1(f) of this memorandum, and shall notify the same committees of assurances newly received pursuant to section 1(a) of this memorandum within 30 days of receiving such assurances if not otherwise reported to the Congress within that time period.

Sec. 3.  Definitions.  For purposes of this memorandum, the terms “defense article” and “defense service” have the meanings given in section 47 of the Arms Export Control Act, 22 U.S.C. 2794.

Sec. 4.  General Provisions.  (a)  Nothing in this memorandum shall be construed to impair or otherwise affect:

          (i)   the authority granted by law to an executive department or agency, or the head thereof; or

          (ii)  the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals.

     (b)  This memorandum shall be implemented consistent with applicable law and subject to the availability of appropriations.

     (c)  This memorandum is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

     (d)  The requirements in this memorandum are not intended to reflect an understanding that they are required by treaty or customary international law, and this memorandum should not be understood or cited to that effect.

                             JOSEPH R. BIDEN JR.

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NOMINATIONS SENT TO THE SENATE:

     Sarah Elizabeth Baker, of Virginia, to be General Counsel of the Department of Transportation, vice John Edward Putnam.

     Emily Edenshaw, of Alaska, to be a Member of the National Council on the Humanities for a term expiring January 26, 2028, vice Dorothy Kosinski, term expired.

     Margaret Mary FitzPatrick, of the District of Columbia, to be a Member of the National Council on the Humanities for a term expiring January 26, 2030, vice Katherine H. Tachau, term expired.

     Deborah Willis, of New York, to be a Member of the National Council on the Humanities for a term expiring January 26, 2028, vice Constance M. Carroll, term expired.

     Sanket Jayshukh Bulsara, of New York, to be United States District Judge for the Eastern District of New York, vice Joan Marie Azrack, retiring.

     Dena M. Coggins, of California, to be United States District Judge for the Eastern District of California, vice Kimberly J. Mueller, retiring.

     John E. Richardson, of Alabama, to be United States Marshal for the Middle District of Alabama for the term of four years, vice Jesse Seroyer, Jr., term expired.

     Eric C. Schulte, of South Dakota, to be United States District Judge for the District of South Dakota, vice Karen E. Schreier, retiring.

     Camela C. Theeler, of South Dakota, to be United States District Judge for the District of South Dakota, vice Jeffrey L. Viken, retired.

# # #

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Today, President Joseph R. Biden, Jr. declared that a major disaster exists in the State of Michigan and ordered Federal assistance to supplement state and local recovery efforts in the areas affected by severe storms, tornadoes, and flooding from August 24 to August 26, 2023.
 
The President’s action makes Federal funding available to affected individuals in the counties of Eaton, Ingham, Iona, Kent, Livingston, Macomb, Monroe, Oakland,
and Wayne.
 
Assistance can include grants for temporary housing and home repairs, low-cost loans to cover uninsured property losses, and other programs to help individuals and business owners recover from the effects of the disaster.
 
Federal funding is also available on a cost-sharing basis for hazard mitigation measures statewide.
 
Mr. John F. Boyle of the Federal Emergency Management Agency (FEMA) has been appointed to coordinate Federal recovery operations in the affected areas. 
 
Additional designations may be made at a later date if requested by the state and warranted by the results of further damage assessments.
 
Residents and business owners who sustained losses in the designated areas can begin applying for assistance at www.DisasterAssistance.gov, by calling 800-621-FEMA (3362), or by using the FEMA App. Anyone using a relay service, such as video relay service (VRS), captioned telephone service or others, can give FEMA the number for that service. 
 
FOR FURTHER INFORMATION MEDIA SHOULD CONTACT THE FEMA NEWS DESK AT (202) 646-3272 OR FEMA-NEWS-DESK@FEMA.DHS.GOV.
 

###

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MEMORANDUM FOR THE SECRETARY OF STATE

SUBJECT:       Delegation of Authority Under Section 1(j)(4) of the State Department Basic Authorities Act of 1956


By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, I hereby delegate to the Secretary of State the functions and authority vested in the President by section 1(j)(4) of the State Department Basic Authorities Act of 1956 (22 U.S.C. 2651a(j)(4)) to submit to the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives the justification required in conjunction with the renewal of a temporary appointment pursuant to section 1(j)(3) of such Act (22 U.S.C. 2651a(j)(3)).

You are authorized and directed to publish this memorandum in the Federal Register.

                             JOSEPH R. BIDEN JR.

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     Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to the widespread humanitarian crisis in Afghanistan and the potential for a deepening economic collapse in Afghanistan declared in Executive Order 14064 of February 11, 2022, is to continue in effect beyond February 11, 2024.

     The widespread humanitarian crisis in Afghanistan — including the urgent needs of the people of Afghanistan for food security, livelihoods support, water, sanitation, health, hygiene, and shelter and settlement assistance, among other basic human needs — and the potential for a deepening economic collapse in Afghanistan continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  In addition, the preservation of certain property of Da Afghanistan Bank (DAB) held in the United States by United States financial institutions is of the utmost importance to addressing this national emergency and the welfare of the people of Afghanistan.  Various parties, including representatives of victims of terrorism, have asserted legal claims against certain property of DAB or indicated in public court filings an intent to make such claims.  This property is blocked under Executive Order 14064.

     Therefore, I have determined that it is necessary to continue the national emergency declared in Executive Order 14064 with respect to the widespread humanitarian crisis in Afghanistan and the potential for a deepening economic collapse in Afghanistan.

                             JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
 February 7, 2024.

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     On February 11, 2022, by Executive Order 14064, I declared a national emergency pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) to deal with the unusual and extraordinary threat to the national security and foreign policy of the United States constituted by the widespread humanitarian crisis in Afghanistan and the potential for a deepening economic collapse in Afghanistan.

     The widespread humanitarian crisis in Afghanistan — including the urgent needs of the people of Afghanistan for food security, livelihoods support, water, sanitation, health, hygiene, and shelter and settlement assistance, among other basic human needs — and the potential for a deepening economic collapse in Afghanistan continue to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  In addition, the preservation of certain property of Da Afghanistan Bank (DAB) held in the United States by United States financial institutions is of the utmost importance to addressing this national emergency and the welfare of the people of Afghanistan.  Various parties, including representatives of victims of terrorism, have asserted legal claims against certain property of DAB or indicated in public court filings an intent to make such claims.  This property is blocked under Executive Order 14064.

     For these reasons, the national emergency declared in Executive Order 14064 of February 11, 2022, must continue in effect beyond February 11, 2024.  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 declared in Executive Order 14064 with respect to the widespread humanitarian crisis in Afghanistan and the potential for a deepening economic collapse in Afghanistan.

     This notice shall be published in the Federal Register and transmitted to the Congress.

                               JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
 February 7, 2024.

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     Section 202(d) of the National Emergencies Act (50 U.S.C. 1622(d)) provides for the automatic termination of a national emergency unless, within 90 days prior to the anniversary date of its declaration, the President publishes in the Federal Register and transmits to the Congress a notice stating that the emergency is to continue in effect beyond the anniversary date.  In accordance with this provision, I have sent to the Federal Register for publication the enclosed notice stating that the national emergency with respect to the situation in and in relation to Burma declared in Executive Order 14014 of February 10, 2021, is to continue in effect beyond February 10, 2024.

     The situation in and in relation to Burma, and in particular the February 1, 2021 coup, in which the military overthrew the democratically elected civilian government of Burma and unjustly arrested and detained government leaders, politicians, human rights defenders, journalists, and religious leaders, thereby rejecting the will of the people of Burma as expressed in elections held in November 2020 and undermining the country’s democratic transition and rule of law, continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  Therefore, I have determined that it is necessary to continue the national emergency declared in Executive Order 14014 with respect to Burma.

                               JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
  February 7, 2024.

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     On February 10, 2021, by Executive Order 14014, I declared a national emergency 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 situation in and in relation to Burma.

     The situation in and in relation to Burma, and in particular the February 1, 2021 coup, in which the military overthrew the democratically elected civilian government of Burma and unjustly arrested and detained government leaders, politicians, human rights defenders, journalists, and religious leaders, thereby rejecting the will of the people of Burma as expressed in elections held in November 2020 and undermining the country’s democratic transition and rule of law, continues to pose an unusual and extraordinary threat to the national security and foreign policy of the United States.  For this reason, the national emergency declared on February 10, 2021, must continue in effect beyond February 10, 2024.  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 declared in Executive Order 14014 with respect to the situation in and in relation to Burma.

     This notice shall be published in the Federal Register and transmitted to the Congress.

                               JOSEPH R. BIDEN JR.

THE WHITE HOUSE,
February 7, 2024.

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