[Federal Register Volume 70, Number 86 (Thursday, May 5, 2005)]
[Presidential Documents]
[Pages 23925-23926]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-9167]



[[Page 23923]]

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Part III





The President





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Memorandum of April 21, 2005--Effective Dates of Provisions in Title I 
of the Intelligence Reform and Terrorism Prevention Act of 2004
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  Federal Register / Vol. 70, No. 86 / Thursday, May 5, 2005 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 23925]]

                Memorandum of April 21, 2005

                
Effective Dates of Provisions in Title I of the 
                Intelligence Reform and Terrorism Prevention Act of 
                2004

                Memorandum for the Secretary of State[,] the Secretary 
                of the Treasury[,] the Secretary of Defense[,] the 
                Attorney General[,] the Secretary of Energy[,] the 
                Secretary of Homeland Security[,] the Director of the 
                Office of Management and Budget[, and] the Director of 
                National Intelligence

                Subsection 1097(a) of the Intelligence Reform and 
                Terrorism Prevention Act of 2004 (Public Law 108-458, 
                December 17, 2004)(the Act) provides:

(a) IN GENERAL- Except as otherwise expressly provided in this Act, this 
title and the amendments made by this title shall take effect not later 
than 6 months after the date of the enactment of this Act.

                Subsection 1097(a) clearly contemplates that one or 
                more of the provisions in Title I of the Act may take 
                effect earlier than the date that is 6 months after the 
                date of enactment of the Act, but does not state 
                explicitly the mechanism for determining when such 
                earlier effect shall occur, leaving it to the President 
                in the execution of the Act. Moreover, given that 
                section 1097(a) evinces a legislative intent to afford 
                the President flexibility, and such flexibility is 
                constitutionally appropriate with respect to 
                intelligence matters (see United States v. Curtiss-
                Wright Export Corporation, 299 U.S. 304 (1936)), the 
                executive branch shall construe section 1097(a) to 
                authorize the President to select different effective 
                dates that precede the 6-month deadline for different 
                provisions in Title I.

                Therefore, pursuant to the Constitution and the laws of 
                the United States of America, including subsection 
                1097(a) of the Act, I hereby determine and direct:

1. Sections 1097(a) and 1103 of the Act, relating respectively to effective 
dates of provisions and to severability, shall take effect immediately upon 
the signing of this memorandum to any extent that they have not already 
taken effect.

2. Provisions in Title I of the Act other than those addressed in numbered 
paragraph 1 of this memorandum shall take effect immediately upon the 
signing of this memorandum, except:

(a) any provision in Title I of the Act for which the Act expressly 
provides the date on which the provision shall take effect; and

(b) sections 1021 and 1092 of the Act, relating to the National 
Counterterrorism Center.

                The taking of effect of a provision pursuant to section 
                1097(a) of the Act and this memorandum shall not affect 
                the construction of such provision by the executive 
                branch as set forth in my Statement of December 17, 
                2004, upon signing the Act into law.

[[Page 23926]]

                The Director of the Office of Management and Budget is 
                authorized and directed to publish this memorandum in 
                the Federal Register.

                    (Presidential Sig.)B

                THE WHITE HOUSE,

                    Washington, April 21, 2005.

[FR Doc. 05-9167
Filed 5-4-05; 10:02 am]
Billing code 3110-01-P