Text 819, 89 rader
Skriven 2005-04-21 23:33:02 av Whitehouse Press (1:3634/12.0)
Ärende: Press Release (0504218) for Thu, 2005 Apr 21
====================================================
===========================================================================
April 21, 2005
===========================================================================

For Immediate Release
Office of the Press Secretary
April 21, 2005

April 21, 2005



MEMORANDUM FOR THE SECRETARY OF STATE

THE SECRETARY OF THE TREASURY

THE SECRETARY OF DEFENSE

THE ATTORNEY GENERAL

THE SECRETARY OF ENERGY

THE SECRETARY OF HOMELAND SECURITY

THE DIRECTOR OF THE OFFICE OF MANAGEMENT

AND BUDGET

THE DIRECTOR OF NATIONAL INTELLIGENCE

SUBJECT: Effective Dates of Provisions in Title I of the Intelligence
Reform and Terrorism Prevention Act of 2004

Subsection 1097(a) of the Intelligence Reform and Terrorism Prevention Act
of 2004 (Public Law 108-458, December 17, 2004)(the Act) provides:

(a) IN GENERAL- Except as otherwise expressly provided in this Act, this
title and the amendments made by this title shall take effect not later
than 6 months after the date of the enactment of this Act.

Subsection 1097(a) clearly contemplates that one or more of the provisions
in Title I of the Act may take effect earlier than the date that is 6
months after the date of enactment of the Act, but does not state
explicitly the mechanism for determining when such earlier effect shall
occur, leaving it to the President in the execution of the Act. Moreover,
given that section 1097(a) evinces a legislative intent to afford the
President flexibility, and such flexibility is constitutionally appropriate
with respect to intelligence matters (see United States v. Curtiss-Wright
Export Corporation, 299 U.S. 304 (1936)), the executive branch shall
construe section 1097(a) to authorize the President to select different
effective dates that precede the 6-month deadline for different provisions
in Title I.

Therefore, pursuant to the Constitution and the laws of the United States
of America, including subsection 1097(a) of the Act, I hereby determine and
direct:

1. Sections 1097(a) and 1103 of the Act, relating respectively to effective
dates of provisions and to severability, shall take effect immediately upon
the signing of this memorandum to any extent that they have not already
taken effect.

2. Provisions in Title I of the Act other than those addressed in numbered
paragraph 1 of this memorandum shall take effect immediately upon the
signing of this memorandum, except:

(a) any provision in Title I of the Act for which the Act expressly
provides the date on which the provision shall take effect; and

(b) sections 1021 and 1092 of the Act, relating to the National
Counterterrorism Center.

The taking of effect of a provision pursuant to section 1097(a) of the Act
and this memorandum shall not affect the construction of such provision by
the executive branch as set forth in my Statement of December 17, 2004,
upon signing the Act into law.

The Director of the Office of Management and Budget is authorized and
directed to publish this memorandum in the Federal Register.

GEORGE W. BUSH

# # #

===========================================================================
Return to this article at:
http://www.whitehouse.gov/news/releases/2005/04/20050421-8.html

 * Origin: (1:3634/12)