[Weekly Compilation of Presidential Documents Volume 40, Number 28 (Monday, July 12, 2004)]
[Pages 1218-1220]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13346--Delegation of Certain Waiver, Determination, 
Certification, Recommendation, and Reporting Functions

July 8, 2004

    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,

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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

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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.