[Title 3 CFR 13345]
[Code of Federal Regulations (annual edition) - January 1, 2005 Edition]
[Title 3 - Presidential Documents]
[Executive Order 13345 - Executive Order 13345 of July 8, 2004]
[From the U.S. Government Printing Office]
3Presidential Documents12005-01-012005-01-01falseExecutive Order 13345 of July 8, 200413345Executive Order 13345Presidential Documents
Executive Order 13345 of July 8, 2004
Assigning Foreign Affairs Functions and Implementing the Enterprise for
the Americas Initiative and the Tropical Forest Conservation Act
By the authority vested in me as President by the Constitution and the
laws of the United States of America, including the Agricultural Trade
Development and Assistance Act of 1954 (ATDA Act), as amended, the
Foreign Assistance Act of 1961 (Foreign Assistance Act), as amended, and
section 301 of title 3, United States Code, it is hereby ordered as
follows:
Section 1. Functions to be Performed by the Secretary of the Treasury.
(a) The Secretary of the Treasury is hereby designated to perform the
functions of the President under the following provisions of law:
(1) sections 603(b), 604(a), and 611 of the ATDA Act (7 U.S.C. 1738b(b),
1738c(a), and 1738j); and
(2) sections 703, 704(a), 805(b), 806(a), 807(a), 808(a), and 812 of the
Foreign Assistance Act (22 U.S.C. 2430b, 2430c(a), 2431c(b), 2431d(a),
2431e(a), 2431f(a), and 2431j).
(b) The Secretary of the Treasury shall:
(1)(A) make determinations under the provisions of sections 703(b) and
805(b) of the Foreign Assistance Act in accordance with any recommendations
received from the Secretary of State with respect to subsections 703(a)(1)-
703(a)(4) and the corresponding recommendations under section 805(a)(1) of
that Act; and
(B) make determinations under the provisions of section 805(b) of the
Foreign Assistance Act in accordance with any recommendations from the
Administrator of the United States Agency for International Development
(USAID) with respect to section 803(5)(B) of that Act;
(2) exercise the functions under the provisions listed in section 1(a)(1)
of this order in consultation with the Secretary of State and with the
National Advisory Council on International Monetary and Financial Policies
(Council) established by Executive Order 11269 of February 14, 1966;
(3) consult, as appropriate, with the Secretary of State, the Administrator
of USAID, the Council, the Secretary of Agriculture, the Director of the
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Office of Management and Budget, the Administrator of the Environmental
Protection Agency, the Chairman of the Council on Environmental Quality,
the Director of the Office of National Drug Control Policy, and the
Chairman of the Council of Economic Advisers in the performance of all
other functions under the provisions listed in section 1(a) of this order.
Sec. 2. Functions to be Performed by the Secretary of State. (a) The
Secretary of State is hereby designated to perform the functions of the
President under sections 607 and 614 of the ATDA Act (7 U.S.C. 1738f and
1738m) and section 813(a) of the Foreign Assistance Act (22 U.S.C.
2431k).
(b) The Secretary of State shall consult, as appropriate, with the
Secretary of the Treasury and the Administrator of USAID, in the
performance of functions under the provisions listed in subsection 2(a)
of this order.
(c) The Secretary of State shall consult, as appropriate, in the
performance of functions under section 607 of the ATDA Act, with the
Secretary of Agriculture, the Secretary of Commerce, the Administrator
of the Environmental Protection Agency, the Chairman of the Council on
Environmental Quality, and the heads of such other executive departments
and agencies as the Secretary of State determines appropriate.
(d) The Secretary of State is hereby designated to receive advice or
supplemental views on the President's behalf consistent with the
following provisions of law:
(1) section 610(c)(1) of the ATDA Act (7 U.S.C. 1738i(c)(1)); and
(2) section 813(b) of the Foreign Assistance Act (22 U.S.C. 2431k).
Sec. 3. Recommendation by USAID. The Administrator of USAID shall make
recommendations with respect to 803(5)(B) of the Foreign Assistance Act
(22 U.S.C. 2431a(5)(B), in cooperation with the Secretary of Agriculture
and the Secretary of State.
Sec. 4. Government Appointees to the Enterprise for the Americas Board.
(a) Pursuant to section 610(b)(1)(A) of the ATDA Act (7 U.S.C.
1738i(b)(1)(A) and section 811(b)(1)(A) and (b)(2) of the Foreign
Assistance Act (22 U.S.C. 2431i(b)(1)(A) and (b)(2)), the following
officers or employees of the United States are hereby designated to
serve as representatives on the Enterprise for the Americas Board:
(i) the designee of the Secretary of State, who shall be the chairperson of
the Board;
(ii) the designee of the Secretary of the Treasury;
(iii) two designees of the Secretary of Agriculture, one of whom shall be
an officer or employee of the United States Forest Service International
Programs Office with experience in international forestry matters, and the
other shall be an officer or employee of the Foreign Agricultural Service;
(iv) the designee of the Secretary of the Interior;
(v) the designee of the Administrator of the Environmental Protection
Agency;
(vi) the designee of the Administrator of USAID, who shall be the vice
chairperson of the Board; and
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(vii) the designee of the Chairman of the Council on Environmental Quality.
(b) The Board shall permit the following officers or employees of
the United States to attend and observe a Board meeting:
(i) a designee of the Secretary of Commerce; and
(ii) a designee of the head of any executive department or agency, if the
meeting will relate to matters relevant to the activities of such executive
department or agency.
(c) An officer of the United States listed in subsections 4(a) and
4(b) shall make a designation for purposes of those subsections in
writing submitted to the Secretary of State and shall change any such
designation in the same manner. The authority to make such a designation
may not be delegated.
(d) The Secretary of State may, after consultation with the officers
of the United States listed in subsection 4(b) and the Attorney General,
as appropriate, establish such procedures as may be necessary to provide
for the governance and administration of the Board.
Sec. 5. Guidance for the Performance of Functions. In performing
functions under this order, officers of the United States:
(a) shall ensure that all actions taken by them are consistent with
the President's constitutional authority to (i) conduct the foreign
affairs of the United States, including the commencement, conduct, and
termination of negotiations with foreign countries and international
organizations, (ii) withhold information the disclosure of which could
impair the foreign relations, the national security, the deliberative
processes of the Executive, or the performance of the Executive's
constitutional duties, (iii) recommend for congressional consideration
such measures as the President may judge necessary or expedient, and
(iv) supervise the unitary executive branch;
(b) may further assign functions assigned by this order to officers
of any department or agency within the executive branch to the extent
permitted by law except as provided in subsection 4(c) of this order and
such further assignment shall be published in the Federal Register; and
(c) shall consult the Attorney General as appropriate in
implementing this section.
Sec. 6. Revocation of Executive Orders. The following Executive Orders
are hereby revoked:
(a) Executive Order 12757 of March 19, 1991;
(b) Executive Order 12823 of December 3, 1992;
(c) Executive Order 13028 of December 3, 1996; and
(d) Executive Order 13131 of July 22, 1999.
Sec. 7. Judicial Review. This order is not intended to, and does not,
create any right or benefit, substantive or procedural, enforceable at
law or in equity by a party against the United States, its departments,
agencies, entities, officers, employees or agents, or any other person.
George W. Bush
The White House,
July 8, 2004.
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