    [Weekly Compilation of Presidential Documents Volume 35, Number 13 (Monday, April 5, 1999)]
    [Pages 546-550]
    [Online from the Government Publishing Office, www.gpo.gov]

    <R04>
    Executive Order 13118--Implementation of the Foreign Affairs Reform and
    Restructuring Act of 1998

    March 31, 1999

        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:
        ``(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;
        ``(2) section 1205(b) of the International Security and Development
    Cooperation Act of 1985 (``ISDCA of 1985'');
        ``(3) section 8(d) of the Act of January 12, 1971 (22 U.S.C.
    2321b(d));
        ``(4) section 607 of the International Security Assistance and Arms
    Export Control Act of 1976 (22 U.S.C. 2394a);
        ``(5) section 402(b)(2) of title 10, United States Code, which shall
    be exercised in consultation with the Secretary of Defense;

    [[Page 547]]

        ``(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);
        ``(7) section 572 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1989 (Public Law 100-461);
        ``(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);
        ``(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;
        ``(10) section 551 of the Foreign Operations, Export Financing, and
    Related Programs Appropriations Act, 1999 (as contained in Public Law
    105-277);
        ``(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;
        ``(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.

    [[Page 548]]

        Sec. 5. Part 1-5 of Executive Order 12163, as amended, is amended as
    follows:
        (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'';
        (2) section 1-504 is revoked;
        (3) section 1-505 is amended to read as follows:
    ``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.'';
        (4) section 1-506 is revoked.
        Sec. 6. Part 1-6 of Executive Order 12163, as amended, is amended as
    follows:
        (1) in section 1-602, by striking ``Director of IDCA, the Director''
    and inserting in lieu thereof ``Secretary of State, the Secretary''; and
        (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:
        (1) in section 1-701(a)--
        (A) by striking ``662(a),''; and
        (B) by inserting ``493,'' after ``298(a),'';
        (2) by striking section 1-701(b), and redesignating subsections
    ``(c)'' and ``(d)'' as subsections ``(b)'' and ``(c)'', respectively;
        (3) in section 1-701(c), (as redesignated by this section)--
        (A) by inserting ``209(d),'' before ``303'';
        (B) by striking ``481'' and inserting in lieu thereof ``490''; and
        (C) by striking ``, 669(b)(1), 670(a), 670(b)(2), and 670(b)(3)'';
        (4) in section 1-701(g), by striking ``131,'';
        (5) in section 1-702--
        (A) by striking ``Director'' and inserting in lieu thereof
    ``Secretary''; and
        (B) by striking ``IDCA'' and inserting in lieu thereof ``the
    Department of State'';
        (6) by adding a new section 1-703 to read as follows:
    ``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 implementating 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''.
        ``(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:

    [[Page 549]]

        (1) Executive Order 12884 of December 1, 1993, is amended--
        (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
        (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:
        ``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--
        (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
        (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
    International 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--
        (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'';
        (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
        (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

    [[Page 550]]

    5(2) of this order, shall become effective as of October 1, 1999.
                                                William J. Clinton
    The White House,
    March 31, 1999.

    [Filed with the Office of the Federal Register, 10:35 a.m., April 2,
    1999]

    Note: This Executive order was published in the Federal Register on
    April 5.