[Weekly Compilation of Presidential Documents Volume 40, Number 47 (Monday, November 22, 2004)]
[Pages 2831-2832]
[Online from the Government Publishing Office, www.gpo.gov]

<R04>
Executive Order 13361--Assignment of Functions Under the United States 
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003

November 16, 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. Executive Order 12163 of September 29, 1979, as amended, 
is further amended as follows:
    (a) in subsection 1-100(a), by striking the period at the end of 
paragraph (15), by inserting a semicolon at the end of paragraph (15), 
and by adding at the end thereof the following new paragraph:
    ``(16) the United States Leadership Against HIV/AIDS, Tuberculosis, 
      and Malaria Act of 2003 (Public Law 108-25)(the ``HIV/AIDS Act''), 
      as amended, and amendments made by the HIV/AIDS Act, which the 
      Secretary shall perform, in the case of section 304, after 
      consultation with the Secretary of Health and Human Services.'';
    (b) in section 1-701, by inserting, after subsection (g), the 
following new subsections:
    ``(h) Those functions conferred by section 1(f)(1) and section 
      1(f)(2)(B)(ii)(VII) of the State Department Basic Authorities Act 
      of 1956, as amended (22 U.S.C. 2651a).
    ``(i) Those functions conferred by section 202(d)(4)(C)(i) and (ii) 
      of the HIV/AIDS Act, as amended.'';
    (c) by adding at the end thereof the following new section:
    ``1-906. Implementation. In carrying out 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. 2. 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. 3. 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,
 November 16, 2004.

 [Filed with the Office of the Federal Register, 8:45 a.m., November 18, 
2004]

Note: This Executive order was published in the Federal Register on 
November 19.

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