View Header

THE WHITE HOUSE

Office of the Press Secretary


For Immediate Release March 31, 1999

EXECUTIVE ORDER


              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:

"(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;

"(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.

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 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".

     "(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 --

     (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 5(2) of this order, shall become effective as of October 1, 1999.

WILLIAM J. CLINTON

                                 THE WHITE HOUSE,
                                 March 31, 1999.

# # #