Legislation on Foreign Relations Through ...

(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

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;

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.

(j) Delegation of Certain Waiver, Determination, Certification, Recommendation, and Reporting Functions

Executive Order 13346, July 8, 2004, 69 F.R. 41905, 3 U.S.C. 301 note 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, 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 JacksonVanik 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), * * *1

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)”.

1 For amended text, see page 555.

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 by a party against the United States, its departments, agencies, entities, officers, employees or agents, or any other person.

$113.1 Secretary of Defense * * *

(e)(1)2 The Secretary shall include in his annual report to Congress under subsection (c)—

(A) a description of the major military missions and of the military force structure of the United States for the next fiscal year;

(B) an explanation of the relationship of those military missions to that force structure; and

(2) In preparing the matter referred to in paragraph (1), the Secretary shall take into consideration the content of the annual national security strategy report of the President under section 108 of the National Security Act of 1947 for the fiscal year concerned.3

1 Sec. 113 was originally codified at sec. 133 of 10 U.S.C. The Department of Defense Reorganization Act of 1986 (Public Law 99-433; 100 Stat. 1074) redesignated sec. 133 of 10 U.S.C. as sec. 113 and modified the section title.

Sec. 1031(1) of Public Law 106–65 (113 Stat. 749) made sec. 3003(a)(1) of the Federal Reports Elimination and Sunset Act of 1995 (Public Law 104-66; 31 U.S.C. 1113 note), as amended, which provided that "each provision of law requiring the submittal to Congress (or any committee of the Congress) of any annual, semiannual, or other regular periodic report specified *** shall cease to be effective, with respect to that requirement, May 15, 2000." inapplicable to this section. For Public Law 104-66 and other legislation on the repeal of reporting requirements, see Legislation on Foreign Relations Through 2004, vol. IV.

2 Subsec. (e) was comprehensively amended by sec. 603 of the DOD Reorganization Act of 1986 (Public Law 99-433; 100 Stat. 1074).

3 Sec. 1070(a)(1) of the National Defense Authorization Act for Fiscal Year 1995 (Public Law 103-337; 108 Stat. 2855) struck out “section 104" and inserted in lieu thereof "section 108". For text of 108 of the National Security Act of 1947, 50 U.S.C. 404a, see Legislation on Foreign Relations Through 2004, vol. IV, sec. N.

(i) 4 (1)5 The Secretary of Defense shall transmit to Congress each year a report that contains a comprehensive net assessment of the defense capabilities and programs of the armed forces of the United States and its allies as compared with those of their potential adversaries.6

(2)5 Each such report shall

(A) include a comparison of the defense capabilities and programs of the armed forces of the United state and its allies with the armed forces of potential adversaries of the United States and allies of the United States;

(B) include an examination of the trends experienced in those capabilities and programs during the period covered by the future-years defense program submitted to Congress during that year pursuant to section 2217 the five years immediately preceding the year in which the report is transmitted and an examination of the expected trends in those capabilities and programs during of this title;

(C) 8 include a description of the means by which the Department of Defense will maintain the capability to reconstitute or expand the defense capabilities and programs of the armed forces of the United States on short notice to meet a resurgent or increased threat to the national security of the United States;

(D) 8 reflect, in the overall assessment and in the strategic and regional assessments, the defense capabilities and programs of the armed forces of the United States specified in the budget submitted to Congress under section 1105 of title 31 in the year in which the report is submitted and in the five-year defense program submitted in such year; and

(E) identify the deficiencies in the defense capabilities of the armed forces of the United States in such budget and such five-year defense program.

(3)5 The Secretary shall transmit to Congress the report required for each year under paragraph (1) at the same time that the President submits the budget to Congress under section 1105 of title 31

4 Sec. 1322(a)(1) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671) struck out previous subsec. (i) and redesignated subsecs. (j) through (1) as (i) through (k), respectively. Former subsec. (i) was originally enacted by sec. 1105 of the DOD Authorization Act, 1983 (Public Law 97-252; 96 Stat. 739) as subsec. (h) of sec. 138 (now sec. 114); and was redesignated as a subsec. of sec. 113 by the DOD Reorganization Act of 1986 (Public Law 99-433).

Subsec. (i), redesignated from subsec. (j) by sec. 1322(a)(1) of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101-510; 104 Stat. 1671), was added by sec. 1214 of the National Defense Authorization Act, 1988 and 1989 (Public Law 100-180; 101 Stat. 1157). 5 Sec. 731 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2003), added the para. designation "(1)", and added new paras. (2) and (3).

6 Sec. 731 of the National Defense Authorization Act, Fiscal Year 1989 (Public Law 100-456; 102 Stat. 2003), struck out the following sentence at this point: "Each such report shall be transmitted in both a classified and an unclassified form.".

7 Sec. 1503(a)(1) of the National Defense Authorization Act for Fiscal year 1996 (Public Law 104-106; 110 Stat. 510) struck out "the five years covered by the five-year defense program submitted to Congress during that year pursuant to section 114(g)" and inserted in lieu thereof "the period covered by the future-years defense program submitted to Congress during that year pursuant to section 221".

Previously amended by sec. 1622 of the National Defense Authorization Act for Fiscal Years 1990 and 1991 (Public Law 101-189; 103 Stat. 1604).

8 Sec. 341 of the National Defense Authorization Act for Fiscal Years 1992 and 1993 (Public Law 102-190; 105 Stat. 1343) redesignated subparas. (C) and (D) as (D) and (E), respectively, and added a new subpara. (C).

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