[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.