Title 3--The President The Secretary of State is authorized and directed to publish this memo- randum in the Federal Register. GEORGE W. BUSH THE WHITE HOUSE, Washington, April 21, 2005. Memorandum of April 21, 2005 Effective Dates of Provisions in Title I of the Intelligence Reform and Terrorism Prevention Act of 2004 Memorandum for the Secretary of State[,] the Secretary of the Tmasmy[,] the Secretary of Defense[,] the Attorney General[,] the Secretary of Energy[,] the Secretazy of Homeland Security[,] the Director of the Office of Manage- ment and Budget[, and] the Director of National Intelligence Subsection 1097(a) of the Intelligence Reform and Terrorism Prevention Act of 2004 (Public Law 108-458, December \1777, 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 \177097(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 \177097(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. CurUss-Wright Export Corporation, 299 U.S. 304 (\177936)), the executive branch shall construe section 1097(a) to author- ize 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 \177097(a) of the Act, I hereby determine and direct: \177. Sections \177097(a) and \177103 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 num- bered paragraph \177 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 pro- vides the date on which the provision shall take effect; and (b) sections \17702\177 and \177092 of the Act, relating to the National Counterterrorism Center. 244
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