Assigning Foreign Affairs Functions and Implementing the Enterprise for the Americas Initiative and the Tropical Forest Conservation Act

Executive Order 13345 of July 8, 2004

Assigning Foreign Affairs Functions and
Implementing the Enterprise for the Americas Initiative
and the Tropical Forest Conservation Act

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

(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
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.

    (Presidential Sig.)B

THE WHITE HOUSE,

     July 8, 2004.