[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Presidential Documents]
[Pages 16595-16599]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8547]



[[Page 16593]]

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Part VIII





The President





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Executive Order 13118--Implementation of the Foreign Affairs Reform and 
Restructuring Act of 1998
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                         Presidential Documents 
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  Federal Register / Vol. 64, No. 64 / Monday, April 5, 1999 / 
Presidential Documents  

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 Title 3--
 The President

[[Page 16595]]

                Executive Order 13118 of March 31, 1999

                
Implementation of the Foreign Affairs Reform and 
                Restructuring Act of 1998

                By the authority vested in me as President by the 
                Constitution and the laws of the United States of 
                America, including section 621 of the Foreign 
                Assistance Act of 1961, as amended (22 U.S.C. 2381), 
                and section 301 of title 3, United States Code, it is 
                hereby ordered as follows:

                Section 1. Part 1-1 of Executive Order 12163, as 
                amended, is amended to read as follows:

                    ``1-1. DEPARTMENT OF STATE
                    ``1-100. Delegation of Functions. (a) Exclusive of 
                the functions otherwise delegated, or reserved to the 
                President, by this order, Executive Order 12884, 
                Executive Order 11579, and Executive Order 12757, and 
                subject to the provisions of such orders, there are 
                hereby delegated to the Secretary of State (referred to 
                in this Part as the ``Secretary'') all functions 
                conferred upon the President by:
                    L  ``(1) the Foreign Assistance Act of 1961 (22 
                U.S.C. 2151 et seq.) (``Act'');

 
 
 
   (i)  except that with respect to section 505(a) of the Act, such functions only insofar as those functions
         relate to other provisions which may be required by the President or only insofar as they relate to
         consent;
   (ii  except that with respect to section 505(b) of the Act, such functions only insofar as those functions
     )   pertain to countries that agree to the conditions set forth therein;
 

                    L  ``(2) section 1205(b) of the International 
                Security and Development Cooperation Act of 1985 
                (``ISDCA of 1985'');
                    L  ``(3) section 8(d) of the Act of January 12, 
                1971 (22 U.S.C. 2321b(d));
                    L  ``(4) section 607 of the International Security 
                Assistance and Arms Export Control Act of 1976 (22 
                U.S.C. 2394a);
                    L  ``(5) section 402(b)(2) of title 10, United 
                States Code, which shall be exercised in consultation 
                with the Secretary of Defense;
                    L  ``(6) the third proviso under the heading 
                ``Development Assistance'' contained in title II of the 
                Foreign Operations, Export Financing, and Related 
                Programs Appropriations Act, 1999 (as contained in 
                Public Law 105-277);
                    L  ``(7) section 572 of the Foreign Operations, 
                Export Financing, and Related Programs Appropriations 
                Act, 1989 (Public Law 100-461);
                    L  ``(8) sections 508, 517, 518, 528(a), 535, 539, 
                544, 561, 563, 572, 574, 575, 585, 594 of the Foreign 
                Operations, Export Financing, and Related Programs 
                Appropriations Act, 1999 (as contained in Public Law 
                105-277);
                    L  ``(9) section 523 of the Foreign Operations, 
                Export Financing, and Related Programs Appropriations 
                Act, 1999 (as contained in Public Law 105-277), which 
                shall be exercised in consultation with the Secretary 
                of the Treasury;

[[Page 16596]]

                    L  ``(10) section 551 of the Foreign Operations, 
                Export Financing, and Related Programs Appropriations 
                Act, 1999 (as contained in Public Law 105-277);
                    L  ``(11) section 591 of the Foreign Operations, 
                Export Financing, and Related Programs Appropriations 
                Act, 1998 (Public Law 105-118), and the provisions of 
                law referenced therein;
                    L  ``(12) section 821(b) of the Western Hemisphere 
                Drug Elimination Act (as contained in Public Law 105-
                277).

                  ``(b) The functions under section 653 of the Act 
                delegated to the Secretary shall be exercised in 
                consultation with the Secretary of Defense, insofar as 
                they relate to functions under the Act administered by 
                the Department of Defense, and the Director of the 
                Office of Management and Budget.

                  ``(c) The functions under sections 239(f), 620(e), 
                620(g), 620(j), 620(q), and 620(s) of the Act delegated 
                to the Secretary shall be exercised in consultation 
                with the Administrator of the United States Agency for 
                International Development.

                  ``(d) The Secretary shall perform all public 
                information functions abroad with respect to the 
                foreign assistance, aid, and development programs of 
                the United States Government, to the extent such 
                functions are not specifically assigned by statute to 
                be performed by a different officer.

                  ``(e) The Secretary may redelegate to any other 
                officer or agency of the Executive branch functions 
                delegated to the Secretary by this order to the extent 
                such delegation is not otherwise prohibited by law.''.

                Sec. 2. Part 1-2 of Executive Order 12163, as amended, 
                is amended to read as follows:

                    ``1-2. UNITED STATES AGENCY FOR INTERNATIONAL 
                DEVELOPMENT
                    ``1-200. United States Agency for International 
                Development.

                  ``(a) The United States Agency for International 
                Development is an independent establishment within the 
                Executive branch. Any reference in the Act to the 
                agency primarily responsible for administering part I 
                of the Act, or to the Administrator of such agency, 
                shall be deemed to be a reference to the United States 
                Agency for International Development or to the 
                Administrator of that agency, as appropriate.

                  ``(b) The United States Agency for International 
                Development shall be headed by an Administrator 
                appointed pursuant to section 624(a) of the Act.

                  ``(c) The officers provided for in section 624(a) of 
                the Act shall serve in the United States Agency for 
                International Development.

                  ``(d) The Office of Small Business provided for in 
                section 602(b) of the Act shall be in the United States 
                Agency for International Development.

                  ``(e) To the extent practicable, the Administrator of 
                the United States Agency for International Development 
                will exercise functions relating to Foreign Service 
                personnel in a manner that will assure maximum 
                compatibility among agencies authorized by law to 
                utilize the Foreign Service personnel system. To this 
                end, the Administrator shall consult regularly with the 
                Secretary of State.''.

                Sec. 3. Part 1-3 of Executive Order 12163, as amended, 
                is amended in section 301(c) by striking ``part II of 
                the Act (except chapters 4, 6, and 8 thereof)'' and 
                inserting in lieu thereof ``chapters 2 and 5 of part II 
                of the Act''.

                Sec. 4. Part 1-4 of Executive Order 12163, as amended, 
                is revoked.

                Sec. 5. Part 1-5 of Executive Order 12163, as amended, 
                is amended as follows:

                    L  (1) in section 1-501(c), by striking ``Director, 
                as provided in Executive Order 11269 of February 14, 
                1966, as amended'' and inserting in lieu thereof 
                ``Secretary of State'';

[[Page 16597]]

                    L  (2) section 1-504 is revoked;
                    L  (3) section 1-505 is amended to read as follows:
                    L``1-505. Trade and Development Agency. There is 
                delegated to the Director of the Trade and Development 
                Agency the functions conferred upon the President by 
                section 661(d) of the Act.'';
                    L  (4) section 1-506 is revoked.

                Sec. 6. Part 1-6 of Executive Order 12163, as amended, 
                is amended as follows:

                    L  (1) in section 1-602, by striking ``Director of 
                IDCA, the Director'' and inserting in lieu thereof 
                ``Secretary of State, the Secretary''; and
                    L  (2) in section 1-604, by striking ``, title IV 
                of the IDC Act of 1979 or section 402 of the Mutual 
                Security Act of 1954''.

                Sec. 7. Part 1-7 of Executive Order 12163, as amended, 
                is amended as follows:

                    L  (1) in section 1-701(a)--
                    L    (A) by striking ``662(a),''; and
                    L    (B) by inserting ``493,'' after ``298(a),'';
                    L  (2) by striking section 1-701(b), and 
                redesignating subsections ``(c)'' and ``(d)'' as 
                subsections ``(b)'' and ``(c)'', respectively;
                    L  (3) in section 1-701(c) (as redesignated by this 
                section)--
                    L    (A) by inserting ``209(d),'' before ``303'';
                    L    (B) by striking ``481'' and inserting in lieu 
                thereof ``490''; and
                    L    (C) by striking ``, 669(b)(1), 670(a), 
                670(b)(2), and 670(b)(3)'';
                    L  (4) in section 1-701(g), by striking ``131,'';
                    L  (5) in section 1-702--
                    L    (A) by striking ``Director'' and inserting in 
                lieu thereof ``Secretary'';
                    L  and
                    L    (B) by striking ``IDCA'' and inserting in lieu 
                thereof ``the Department
                    L  of State'';
                    L  (6) by adding a new section 1-703 to read as 
                follows:

                  L``1-703. Office of Management and Budget. In this 
                    order the Director of the Office of Management and 
                    Budget shall retain all authorities related to the 
                    implementation of his budgetary and policy 
                    coordination functions, including the authority to:

 
 
 
          (a)  request and receive information from any agency that is subject to this delegation;
          (b)  carry out all responsibilities associated with implementing the Government Performance and
                Results Act, the Government Management Reform Act, and other comparable government-wide statutes
                dealing with management; and
          (c)  carry out all statutory budget and policy coordination responsibilities assigned to the Director
                of the Office of Management and Budget by statute or Executive order.
 

                Sec. 8. Part 1-8 of Executive Order 12163, as amended, 
                is amended to read as follows:

                    ``1-8 FUNDS

                  ``1-800. Allocation of Funds. Funds described below 
                that are appropriated or otherwise made available to 
                the President shall be deemed to be allocated without 
                any further action of the President, as follows:

                  ``(a) Except as provided in subsections (b) and (c), 
                there are allocated to the Secretary all funds made 
                available for carrying out the Act, including any funds 
                appropriated under the heading ``Nonproliferation, 
                Anti-Terrorism, Demining and Related Programs''.

[[Page 16598]]

                  ``(b) There are allocated to the Secretary of Defense 
                all funds made available for carrying out chapters 2 
                and 5 of Part II of the Act.

                  ``(c) There are allocated to the Secretary of the 
                Treasury all funds made available for carrying out 
                section 129 of the Act.

                  ``(d) The Secretary of State, the Secretary of 
                Defense, and the Secretary of the Treasury may allocate 
                or transfer as appropriate any funds received under 
                subsections (a), (b), and (c) of this section, 
                respectively, to any agency or part thereof for 
                obligation or expenditure thereby consistent with 
                applicable law.

                Sec. 9. Part 1-9 of Executive Order 12163, as amended, 
                is amended as follows: (1) in section 1-902(c), by 
                striking ``hereafter-enacted''; and (2) by revoking 
                sections 1-903(c) and 1-903(d).

                Sec. 10. The following Executive orders are revoked or 
                amended:

                    (1) Executive Order 12884 of December 1, 1993, is 
                amended--
                    L  (a) in section 3, by striking the section 
                heading and all that follows through ``by:'', and 
                inserting in lieu thereof ``Secretary of State-
                Additional Functions. There are delegated to the 
                Secretary of State the functions conferred upon the 
                President by:''; and
                    L  (b) in section 6(a), by striking ``3, 4, and 5'' 
                and inserting in lieu thereof ``4 and 5''.

                  (2) Executive Order 12703 of February 20, 1990, is 
                amended by amending section 2 to read as follows:

                    L  ``Sec. 2. Department of State. The functions 
                conferred upon the President by section 201 of the Act 
                relating to Enterprise Funds for Poland and Hungary are 
                hereby delegated to the Secretary of State.''.

                  (3) Executive Order 12599 of June 23, 1987, is 
                revoked.

                  (4) Executive Order 12293 of February 23, 1981, is 
                amended--

                    L  (A) in section 2, by striking ``Director of the 
                United States International Development Cooperation 
                Agency'' and inserting in lieu thereof ``Administrator 
                of the United States Agency for International 
                Development''; and
                    L  (B) in section 9, by striking ``United States 
                International Development Cooperation Agency'' and 
                inserting in lieu thereof ``United States Agency for 
                International Development'' in both places this phrase 
                appears.

                  (5) Executive Order 12301 of March 26, 1981, is 
                amended in subsection (b)(23) by striking ``Director of 
                the United States 8International Development 
                Cooperation Agency'' and inserting in lieu thereof 
                ``Administrator of the United States Agency for 
                International Development''.

                  (6) Executive Order 12188 of January 2, 1980, is 
                amended by striking ``Director of the United States 
                International Development Cooperation Agency'' and 
                inserting in lieu thereof ``Administrator of the United 
                States Agency for International Development''.

                  (7) Executive Order 12260 of December 31, 1980, is 
                amended in the annex thereto, by striking ``United 
                States International Development Cooperation Agency'' 
                and inserting in lieu thereof ``United States Agency 
                for International Development''.

                  (8) Executive Order 11958 of January 18, 1977, is 
                amended in section 2 by striking ``the Director of the 
                United States International Development Cooperation 
                Agency, the Director of the Arms Control and 
                Disarmament Agency,''.

                  (9) Executive Order 11269 of February 14, 1966, is 
                amended--

                    L  (A) in section 1(b), by striking ``Director of 
                the International Development Cooperation Agency'' and 
                inserting in lieu thereof ``Administrator of the United 
                States Agency for International Development'';
                    L  (B) in section 4(a), by striking ``Director of 
                the International Development Cooperation Agency'' and 
                inserting in lieu thereof ``Secretary of State'', in 
                both places that it appears; and

[[Page 16599]]

                    L  (C) in section 7, by striking ``Functions of the 
                Director of the International Development Cooperation 
                Agency. As the principal international development 
                advisor to the President, the Director of the 
                International Development Cooperation Agency'' and 
                inserting in lieu thereof ``Functions of the Secretary 
                of State. The Secretary of State''.

                  (10) Executive Order 11223 of May 12, 1965, is 
                amended by striking ``Director of the United States 
                International Development Cooperation Agency (with 
                respect to functions vested in or delegated to the 
                Director)'' and inserting in lieu thereof 
                ``Administrator of the United States Agency for 
                International Development (with respect to functions 
                vested in or delegated to the Administrator)''.

                  (11) The Memorandum for the Secretary of State of 
                March 23, 1999, entitled ``Delegation of Authority 
                Under Section 577 of the Foreign Operations, Export 
                Financing, and Related Programs Appropriations Act, 
                1999 (as contained in Public Law 105-277)'', is amended 
                by deleting the second sentence therein.

                Sec. 11. The provisions of this order shall become 
                effective as of April 1, 1999, except that the 
                authority contained in section 1-100(d), and the 
                amendment made by section 5(2) of this order, shall 
                become effective as of October 1, 1999.

                    (Presidential Sig.)

                THE WHITE HOUSE,

                    March 31, 1999.

[FR Doc. 99-8547
Filed 4-2-99; 10:35 am]
Billing code 3195-01-P