Federal Register, Volume 64 Issue 64 (Monday, April 5, 1999)
[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Presidential Documents]
[Pages 16595-16599]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 99-8547]
[[Page 16593]]
_______________________________________________________________________
Part VIII
The President
_______________________________________________________________________
Executive Order 13118--Implementation of the Foreign Affairs Reform and
Restructuring Act of 1998
Presidential Documents
Federal Register / Vol. 64, No. 64 / Monday, April 5, 1999 /
Presidential Documents
___________________________________________________________________
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
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