[Weekly Compilation of Presidential Documents Volume 40, Number 28 (Monday, July 12, 2004)]
[Pages 1216-1218]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13345--Assigning Foreign Affairs Functions and 
Implementing the Enterprise for the Americas Initiative and the Tropical 
Forest Conservation Act

July 8, 2004

    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

[[Page 1217]]

 (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 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

[[Page 1218]]

            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
 (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.

 [Filed with the Office of the Federal Register, 8:45 a.m., July 12, 
2004]

Note: This Executive order will be published in the Federal Register on 
July 13.