Assignment of Functions Under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003
Signed November 16, 2004·George W. Bush·69 FR 67633
Source
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Plain-language summary
Amends Executive Order 12163 to assign the Secretary of State functions under the United States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of 2003, including duties under section 304 that must be carried out after consulting the Secretary of Health and Human Services. It also adds authority related to sections of the State Department Basic Authorities Act of 1956 and section 202(d)(4)(C) of the HIV/AIDS Act, and inserts a new provision stating that officials carrying out the order must act consistently with the President's constitutional authority over foreign affairs, withholding sensitive information, recommending legislation, and supervising the executive branch. The order specifies it does not affect the Office of Management and Budget's role in budget or legislative matters, and does not create any legally enforceable rights for outside parties.
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Claimed authority
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
Quoted from the order as written. Many orders cite nothing more specific than “the Constitution and the laws”; this reproduces what the order claims, not an assessment of whether it holds.
Disposition
Amends: EO 12163, September 29, 1979
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The order, in full
Executive Order 13361 of November 16, 2004
Assignment of Functions Under the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria
Act of 2003
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.
(Presidential Sig.)B
THE WHITE HOUSE,
November 16, 2004.Reproduced from the Federal Register plain-text record, signed November 16, 2004. Typesetting artifacts are removed; no wording is changed.