For Immediate Release
Office of the Press Secretary
July 8, 2004
Executive Order Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions
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, it is hereby ordered as follows:
Section 1. The functions of the President in making certain
waivers, determinations, certifications, recommendations, and reports
to the Congress are assigned as follows:
(a) The Secretary of State is authorized to make waivers,
determinations, certifications, and recommendations, and to undertake
related reporting, as described in:
(i) Section 402(d)(1) of the Trade Act of 1974, as amended (19
U.S.C. 2432(d)(1)), with respect to the extension of Jackson-Vanik
waivers;
(ii) Section 609 of Division A of the Omnibus Consolidated and
Emergency Supplemental Appropriations Act, 1999 (Public Law
105-277)
as continued in effect by section 612 of Division B of the
Consolidated Appropriations Act, 2004 (Public Law 108-199) with
respect to cooperation related to persons missing in action and
prisoners of war; and
(iii) Section 102(a)(2) of the Arms Export Control Act, as
amended (22 U.S.C. 2799aa-1(a)), with respect to any Presidential
determination under section 102(a)(1) that is also the subject of a
determination and certification by the President pursuant to
section
102(a)(2).
(b) The United States Trade Representative shall submit the report
relating to sub-Saharan Africa under section 106 of the African Growth
and Opportunity Act (Public Law 106-200, title 1).
Sec. 2. The functions of the President in making certifications to
the Congress consistent with the resolution of advice and consent to
ratification of the Chemical Weapons Convention adopted by the Senate
on April 24, 1997 (Resolution) are assigned as follows:
(a) The Secretary of State is authorized to make a certification
consistent with section 2(7)(C)(i) of the Resolution with respect to
the effectiveness and viability of the Australia Group.
(b) The Secretary of Commerce is authorized to make a
certification consistent with section 2(9) of the Resolution with
respect to the interests of certain firms in the United States.
Sec. 3. Executive Order 12163 of September 29, 1979, as amended,
is further amended, in section 1-100(a), by striking the period at the
end of paragraph (12) and inserting a semicolon, and by inserting the
following new paragraphs:
"(13) title II of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2002 (Public Law 107-115),
under
the heading "Assistance for the Independent States of the Former
Soviet Union," in subsections (g)(4) and (6);";
"(14) section 512 of Division D of the Consolidated
Appropriations Act, 2004 (Public Law 108-199);";
"(15) sections 5(c) and 6 of the Anglo-Irish Agreement Support
Act of 1986 (Public Law 99-415), as amended.".
Sec. 4. Executive Order 13277 of November 19, 2002, is amended in
section 1(b)(3) by adding after the phrase "Section 2105(a)(1)" the
terms "(A) and (C)".
Sec. 5. References in this order to provisions of any Act shall be
deemed to include references to any provision of law that is the same
or substantially the same as such provisions.
Sec. 6. In carrying out sections 1 and 2 of this order, officers
of the United States shall ensure that all actions taken by them are
consistent with the President's constitutional authority to: (a)
conduct the foreign affairs of the United States; (b) 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; (c) recommend
for congressional consideration such measures as the President may
judge necessary and expedient; and (d) supervise the unitary executive
branch.
Sec. 7. Nothing in this order shall be construed to impair or
otherwise affect the functions of the Director of the Office of
Management and Budget relating to budget, administrative, or
legislative proposals.
Sec. 8. This order is intended only to improve the internal
management of the executive branch and 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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