[Weekly Compilation of Presidential Documents Volume 38, Number 47 (Monday, November 25, 2002)]
[Pages 2059-2061]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13277--Delegation of Certain Authorities and Assignment 
of Certain Functions Under the Trade Act of 2002

November 19, 2002

    By the authority vested in me as President by the Constitution and 
the laws of the United States, including the Trade Act of 2002 (the 
``Act'') (Public Law 107-210) and section 301 of title 3, United States 
Code, it is hereby ordered as follows:
    Section 1. Trade Promotion. (a) Except as provided in subsections 
(b) and (c) of this section, the authorities granted to and functions 
specifically assigned to the President under Division B of the Act are 
delegated and assigned, respectively, to the United States Trade 
Representative (U.S. Trade Representative).
    (b) The exercise of the following authorities of, and functions 
specifically assigned to the President, under Division B of the Act are 
reserved to the President:
    (1) Section 2102(c)(1), (c)(6), (c)(10) and (e) of the Act;
    (2) Section 2103(a)(1), (a)(4), (a)(6), b(1), (c)(1)(B)(i), and 
(c)(2) of the Act;
    (3) Section 2105(a)(1) of the Act; and
    (4) Section 2108(b) of the Act.
    (c) (i) The Secretary of State, in consultation with the Secretary 
of Labor and the U.S. Trade Representative, shall carry out the 
functions of section 2102(c)(2) of the Act with respect to establishing 
consultative mechanisms. The U.S. Trade Representative, in consultation 
with the Secretary of State and the Secretary of Labor, shall carry out 
the reporting function under section 2102(c)(2).
    (ii) The Secretary of State, in consultation with the U.S. Trade 
Representative, shall carry out the functions under section 2102(c)(3) 
of the Act with respect to establishing consultative mechanisms, with 
the advice and assistance of the Secretary of the Interior, the 
Secretary of Health and Human Services, the Administrator of the 
Environmental Protection Agency, the Secretary of

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Commerce and, as the Secretary of State determines appropriate, the 
heads of such other departments and agencies. The U.S. Trade 
Representative, in consultation with the Secretary of State, shall carry 
out the reporting function under section 2103(c)(3).
    (iii) The U.S. Trade Representative shall carry out the functions 
under section 2102(c)(5) of the Act. The U.S. Trade Representative 
shall, in consultation with the Secretary of Labor, carry out the 
reporting function and the function of making a report available under 
section 2102(c)(5).
    (iv) The Secretary of Labor shall carry out section 2102(c)(7) of 
the Act, in consultation with the Secretary of State.
    (v) The Secretary of Labor, in consultation with the Secretary of 
State and the U.S. Trade Representative, shall carry out the functions 
under section 2102(c)(8) and (c)(9).
    (vi) The Secretary of the Treasury shall carry out section 
2102(c)(12) of the Act, including any appropriate consultations with the 
Congress relating thereto.
    Sec. 2. Andean Trade. (a) Except as provided in subsection (b) of 
this section, the authorities granted and the functions specifically 
assigned to the President under Division C of the Act are delegated and 
assigned respectively, to the U.S. Trade Representative, in consultation 
with the Secretaries of State, Commerce, the Treasury, and Labor.
    (b) The exercise of the following authorities of, and functions 
specifically assigned to, the President under Division C of the Act are 
reserved to the President:
    (i) The authority to proclaim under sections 204(b)(1) and 
204(b)(3)(B)(ii), and the authority to designate beneficiary countries 
under section 204(b)(6)(B), of the Andean Trade Preference Act as 
amended by section 3103(a)(2) of the Act; and
    (ii) The authority to make determinations under section 203(e)(1)(B) 
of the Andean Trade Preference Act as amended by section 3103(b) of the 
Act.
    (c) The head of the executive department of which the United States 
Customs Service is a part shall take such actions to carry out 
determinations and actions pursuant to the Andean Trade Preference Act, 
as amended, as directed pursuant to the authority delegated to the U.S. 
Trade Representative under this order.
    Sec. 3. Guidance for Exercising Authority and Performing Duties. (a) 
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.
    (b) In exercising authority delegated by, or performing functions 
assigned in, this order, and in performing duties related to the trade 
agreements program as defined in Executive Order 11846, officers of the 
United States:
    (i) 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, including the commencement, conduct, and 
termination of negotiations with foreign countries and international 
organizations, (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 or expedient, and (D) 
supervise the unitary executive branch;
    (ii) May redelegate authority delegated by this order and may 
further assign functions assigned by this order to officers of any other 
department or agency within the executive branch to the extent permitted 
by law and such redelegation or further assignment shall be published in 
the Federal Register; and
    (iii) Shall consult the Attorney General as appropriate in 
implementing this subsection.
    Sec. 4. Amendment to Executive Order 11846. Section 1 of Executive 
Order 11846 of March 27, 1975, as amended, is further amended by 
inserting ``, Divisions B and C of the Trade Act of 2002,'' after 
``Trade Expansion Act of 1962, as amended''.
    Sec. 5. Judicial Review. This order is intended only to improve the 
internal management of the Federal Government and is not intended to, 
and does not, create any right or benefit, substantive or procedural, 
enforceable at law or equity by a party against the United States, its 
departments, agencies,

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instrumentalities or entities, its officers or employees, or any other 
person.
                                                George W. Bush
 The White House,
 November 19, 2002.

[Filed with the Office of the Federal Register, 8:50 a.m., November 20, 
2002]

Note: This Executive order was released by the Office of the Press 
Secretary on November 20, and it was published in the Federal Register 
on November 21.