ExecutiveOrdersEO
DetDeterminationG.W. Bush · R

Presidential Determination

Presidential Determination on Waiver of Conditions on Obligation and Expenditure of Funds for Planning, Design, and Construction of a Chemical Weapons Destruction Facility in Russia

President Bush waived statutory conditions on U.S. funds for planning, designing, and constructing a chemical weapons destruction facility in Russia, certifying the waiver as important to national security. The waiver applies through the end of 2004 and all of 2005, with required congressional notification and Federal Register publication.

Federal Register Open PDF 69 FR 72109

Impact dates

  1. Waiver applies for all of calendar year 2005

  2. Waiver applies through remainder of calendar year 2004

Key directives

  • Waive conditions in section 1305 of NDAA FY2000 as amended
  • Certify waiver is important to national security interests
  • Submit statement, justification, and plan to Congress per section 1303 of NDAA FY2005
  • Transmit certification to Congress
  • Arrange Federal Register publication

Who is ordered

Timeline

Immediate

  • Waiver takes effect for remainder of 2004
  • Certification and justification transmitted to Congress
  • Federal Register publication arranged

Near term (90d)

  • Federal Register publication expected

Long term

  • Waiver remains in effect through all of 2005
  • Chemical weapons destruction facility planning/design/construction proceeds

Risks & tensions

  • Waives congressionally-imposed conditions on foreign spending, potentially creating friction with legislative oversight
  • Limited transparency: justification and plan submitted but not included in public document text
  • Russia cooperation context in 2004-2005 period of complex bilateral relations
Presidential Determination: Presidential Determination on Waiver of Conditions on Obligation and Expenditure of Funds for Planning, Design, and Construction of a Chemical Weapons Destruction Facility in Russia · Executive Orders