For Immediate Release
Office of the Press Secretary
April 17, 2003
Memorandum for the Administrator of the United States Agency for International Development
SUBJECT: Authority to Hold Harmless and Indemnify in
Certain Circumstances Under One Contract
1. You are authorized for the United States Agency for
International Development (USAID) to exercise authority under Public
Law 85-804, as amended (50 U.S.C. 1431 et seq.), to the same extent and
subject to the same conditions and limitations as the head of a
department or agency listed in section 21 of Executive Order 10789 of
November 14, 1958, as amended, with respect to one contract identified
in subparagraph (a) of this memorandum and solely for the purpose
identified in subparagraph (b).
(a) The contract is for repair and reconstruction in Iraq and is
awarded on or before September 30, 2003.
(b) The purpose is to hold harmless and indemnify with respect to
claims, losses, or damage arising out of or resulting from exposure, in
the course of performance of the contract to which subparagraph (a)
refers, to:
(i) chemical, biological, radiological, or nuclear weapons,
agents, or materials;
(ii) land or sea mines or similar explosive devices; or
(iii) unexploded ordnance.
2. The function performed by USAID in awarding the contract to
which paragraph 1 refers is a function connected with the national
defense. There are currently national emergencies that have been
declared by the President in accordance with applicable law. I deem
that the authorization provided by paragraph 1 and actions taken
pursuant to that authorization would facilitate the national defense.
3. You are authorized and directed to publish this memorandum in
the Federal Register.
GEORGE W. BUSH
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