EXECUTIVE
ORDER
EO 13361
Effective Date: November 16, 2004

Responsible Office: Office of General Counsel
Subject: Assignment of Functions Under the US Leadership Against HIV/AIDS, tuberculosis and Malaria Act of 2003

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

[[Page 67634]]

                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,

		

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