Notes on 7 U.S.C. § 1738 : US Code - Notes

Search Notes on 7 U.S.C. § 1738 : US Code - Notes

(July 10, 1954, ch. 469, title VI, Sec. 601, as added Pub. L. 101-
624, title XV, Sec. 1512, Nov. 28, 1990, 104 Stat. 3658.)
EFFECTIVE DATE                          
Subchapter effective Jan. 1, 1991, see section 1513 of Pub. L.
101-624, set out as an Effective Date of 1990 Amendment note under
section 1691 of this title.
EXECUTIVE ORDER NO. 12757                     
Ex. Ord. No. 12757, Mar. 19, 1991, 56 F.R. 12107, as amended by
Ex. Ord. No. 12823, Dec. 3, 1992, 57 F.R. 57645; Ex. Ord. No.
13028, Dec. 3, 1996, 61 F.R. 64589; Ex. Ord. No. 13131, July 22,
1999, 64 F.R. 40733, which related to implementation of the
Enterprise for the Americas Initiative and the Tropical Forest
Conservation Act of 1998, was revoked by Ex. Ord. No. 13345, Sec.
6(a), July 8, 2004, 69 F.R. 41903, set out below.
EX. ORD. NO. 13345. ASSIGNING FOREIGN AFFAIRS FUNCTIONS AND
IMPLEMENTING THE ENTERPRISE FOR THE AMERICAS INITIATIVE AND THE
TROPICAL FOREST CONSERVATION ACT
Ex. Ord. No. 13345, July 8, 2004, 69 F.R. 41901, provided:
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 [7 U.S.C. 1691 et seq.], the Foreign Assistance
Act of 1961 (Foreign Assistance Act), as amended [22 U.S.C. 2151 et
seq.], 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 [22 U.S.C. 2431a(5)(B)];
(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 [22 U.S.C. 286b note];
(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.
George W. Bush.