issue-1999-04-05•Federal Register executive orders — 1999-04-05
Federal Register executive orders — 1999-04-05
issue-1999-04-05Federal Register executive orders — 1999-04-05Executive Order
Published Federal Register documents, not public-inspection drafts. The GPO XML/text rendition is a research aid; the linked complete official PDF retains the printed layout and all graphics. Graphics are retained in that PDF and are not independently reproduced in this text rendition. Publication does not establish that every provision remains legally in force.
FR Doc. 99-8547 Implementation of the Foreign Affairs Reform and Restructuring Act of 1998
[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]]
_______________________________________________________________________
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
Complete official Federal Register PDF
FR Doc. 99-8509 Further Amendment to Executive Order 12981, as Amended
[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Presidential Documents]
[Page 16591]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8509]
[[Page 16589]]
_______________________________________________________________________
Part VII
The President
_______________________________________________________________________
Executive Order 13117--Further Amendment to Executive Order 12981, as
Amended
Presidential Documents
Federal Register / Vol. 64, No. 64 / Monday, April 5, 1999 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 16591]]
Executive Order 13117 of March 31, 1999
Further Amendment to Executive Order 12981, as
Amended
By the authority vested in me as President by the
Constitution and the laws of the United States of
America and in order to further the implementation of
the reorganization of the Arms Control and Disarmament
Agency (ACDA) into the Department of State, in this
instance by eliminating ACDA's vote on dual-use export
license decisions in the administration of export
controls, it is hereby ordered that Executive Order
12981, as amended (``Executive Order 12981''), is
further amended as follows:
Section 1. The second sentence of section 1 of
Executive Order 12981 is amended by deleting ``, and
the Arms Control and Disarmament Agency''.
Sec. 2. The second sentence of section 5(a)(1)(A) of
Executive Order 12981 is amended by adding ``and''
after ``the Secretary of Defense'' and before ``the
Secretary of Energy,'' and deleting ``, and the
Director of the Arms Control and Disarmament Agency.''
Sec. 3. The first sentence of section 5(a)(2) of
Executive Order 12981 is amended by deleting ``, and
the Arms Control and Disarmament Agency.''
Sec. 4. The second sentence of section 5(a)(3)(A) of
Executive Order 12981 is amended by deleting ``, and
the Arms Control and Disarmament Agency.''
Sec. 5. The first sentence of section 6 of Executive
Order 12981 is amended by deleting ``and the Arms
Control and Disarmament Agency''.
(Presidential Sig.)
THE WHITE HOUSE,
March 31, 1999.
[FR Doc. 99-8509
Filed 4-2-99; 8:45 am]
Billing code 3195-01-P
Complete official Federal Register PDF
FR Doc. 99-8433 Identification of Trade Expansion Priorities and Discriminatory Procurement Practices
[Federal Register Volume 64, Number 64 (Monday, April 5, 1999)]
[Presidential Documents]
[Pages 16333-16335]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-8433]
Presidential Documents
Federal Register / Vol. 64, No. 64 / Monday, April 5, 1999 /
Presidential Documents
___________________________________________________________________
Title 3--
The President
[[Page 16333]]
Executive Order 13116 of March 31, 1999
Identification of Trade Expansion Priorities and
Discriminatory Procurement Practices
By the authority vested in me as President by the
Constitution and the laws of the United States of
America, including title III of the Act of March 3,
1993, as amended (41 U.S.C. 10d), sections 141 and 301-
310 of the Trade Act of 1974, as amended (the Act) (19
U.S.C. 2171, 2411-2420), title III of the Trade
Agreements Act of 1979, as amended (19 U.S.C. 2511-
2518), and section 301 of title 3, United States Code,
and to ensure that the trade policies of the United
States advance, to the greatest extent possible, the
export of the products and services of the United
States and that trade policy resources are used
efficiently, it is hereby ordered as follows:
Part I: Identification of Trade Expansion Priorities
Section 1. Identification and Annual Report. (a) Within
30 days of the submission of the National Trade
Estimate Report required by section 181(b) of the Act
(19 U.S.C. 2241(b)) for 1999, 2000, and 2001, the
United States Trade Representative (Trade
Representative) shall review United States trade
expansion priorities and identify priority foreign
country practices, the elimination of which is likely
to have the most significant potential to increase
United States exports, either directly or through the
establishment of a beneficial precedent. The Trade
Representative shall submit to the Committee on Finance
of the Senate and the Committee on Ways and Means of
the House of Representatives, and shall publish in the
Federal Register, a report on the priority foreign
country practices identified.
(b) In identifying priority foreign country
practices under paragraph (a) of this section, the
Trade Representative shall take into account all
relevant factors, including:
(1) the major barriers and trade distorting practices described in the National Trade Estimate Report;
(2) the trade agreements to which a foreign country is a party and its compliance with those agreements;
(3) the medium-term and long-term implications of foreign government procurement plans; and
(4) the international competitive position and export potential of United States products and services.
(c) The Trade Representative may include in the
report, if appropriate, a description of the foreign
country practices that may in the future warrant
identification as priority foreign country practices.
The Trade Representative also may include a statement
about other foreign country practices that were not
identified because they are already being addressed by
provisions of United States trade law, existing
bilateral trade agreements, or in trade negotiations
with other countries and progress is being made toward
their elimination.
Sec. 2. Resolution. Upon submission of the report
required by paragraph (a) of section 1 of this part,
the Trade Representative shall, with respect to any
priority foreign country practice identified therein,
engage the country concerned for the purpose of seeking
a satisfactory resolution, for example, by obtaining
compliance with a trade agreement or the elimination of
the practice as quickly as possible, or, if this is not
feasible, by providing for compensatory trade benefits.
[[Page 16334]]
Sec. 3. Initiation of Investigations. Within 90 days of
the submission of the report required by paragraph (a)
of section 1 of this part, the Trade Representative
shall initiate under section 302(b)(1) of the Act (19
U.S.C. 2412(b)(1)) investigations with respect to all
of the priority foreign country practices identified,
unless during the 90-day period the Trade
Representative determines that a satisfactory
resolution of the matter to be investigated has been
achieved.
Part II: Identification of Discriminatory Government
Procurement Practices
Section 1. Identification and Annual Report. (a) Within
30 days of the submission of the National Trade
Estimate Report for 1999, 2000, and 2001, the Trade
Representative shall submit to the Committees on
Finance and on Governmental Affairs of the Senate and
the Committees on Ways and Means and Government Reform
and Oversight of the House of Representatives, and
shall publish in the Federal Register, a report on the
extent to which foreign countries discriminate against
U.S. products or services in making government
procurements.
(b) In the report, the Trade Representative shall
identify countries that:
(1) are not in compliance with their obligations under the World Trade Organization Agreement on Government
Procurement (the GPA), Chapter 10 of the North American Free Trade Agreement (NAFTA), or other agreements
relating to government procurement (procurement agreements) to which that country and the United States
are parties; or
(2) maintain, in government procurement, a significant and persistent pattern or practice of discrimination
against U.S. products or services that results in identifiable harm to U.S. businesses and whose products
or services are acquired in significant amounts by the United States Government.
Sec. 2. Considerations in Making Identifications. In
making the identifications required by section 1 of
this part, the Trade Representative shall: (a) consider
the requirements of the GPA, NAFTA, or other
procurement agreements, government procurement
practices, and the effects of such practices on U.S.
businesses as a basis for evaluating whether the
procurement practices of foreign governments do not
provide fair market opportunities for U.S. products or
services;
(b) take into account, among other factors, whether
and to what extent countries that are parties to the
GPA, NAFTA, or other procurement agreements, and other
countries described in section 1 of this part:
(1) use sole-sourcing or otherwise noncompetitive procedures for procurement that could have been conducted
using competitive procedures;
(2) conduct what normally would have been one procurement as two or more procurements, to decrease the
anticipated contract values below the value threshold of the GPA, NAFTA, or other procurement agreements,
or to make the procurement less attractive to U.S. businesses;
(3) announce procurement opportunities with inadequate time intervals for U.S. businesses to submit bids; and
(4) use specifications in such a way as to limit the ability of U.S. suppliers to participate in procurements;
and
(c) consider information included in the National
Trade Estimate Report, and any other additional
criteria deemed appropriate, including, to the extent
such information is available, the failure to apply
transparent and competitive procedures or maintain and
enforce effective prohibitions on bribery and other
corrupt practices in connection with government
procurement.
Sec. 3. Impact of Noncompliance and Denial of
Comparable Treatment. The Trade Representative shall
take into account, in identifying countries in the
annual report and in any action required by this part,
the relative impact of any noncompliance with the GPA,
NAFTA, or other procurement agreements, or of other
discrimination on U.S. commerce, and the extent
[[Page 16335]]
to which such noncompliance or discrimination has
impeded the ability of U.S. suppliers to participate in
procurements on terms comparable to those available to
suppliers of the country in question when seeking to
sell goods or services to the United States Government.
Sec. 4. Resolution. Upon submission of the report
required by section 1 of this part, the Trade
Representative shall engage any country identified
therein for the purpose of seeking a satisfactory
resolution, for example, by obtaining compliance with
the GPA, NAFTA, or other procurement agreements or the
elimination of the discriminatory procurement practices
as quickly as possible, or, if this is not feasible, by
providing for compensatory trade benefits.
Sec. 5. Initiation of Investigations. (a) Within 90
days of the submission of the report required by
section 1 of this part, the Trade Representative shall
initiate under section 302(b)(1) of the Act (19 U.S.C.
2412(b)(1)) investigations with respect to any practice
that:
(1) was the basis for the identification of a country under section 1; and
(2) is not at that time the subject of any other investigation or action under title III, chapter 1, of the
Act,
unless during the 90-day period the Trade
Representative determines that a satisfactory
resolution of the matter to be investigated has been
achieved.
(b) For investigations initiated under paragraph
(a) of this section (other than an investigation
involving the GPA or NAFTA), the Trade Representative
shall apply the time limits and procedures in section
304(a)(3) of the Act (19 U.S.C. 2414(a)(3)). The time
limits in subsection 304(a)(3)(B) of the Act (19 U.S.C.
2414(a)(3)(B)) shall apply if the Trade Representative
determines that:
(1) complex or complicated issues are involved in the investigation that require additional time;
(2) the foreign country involved in the investigation is making substantial progress in drafting or
implementing legislative or administrative measures that will end the discriminatory procurement practice;
or
(3) such foreign country is undertaking enforcement measures to end the discriminatory procurement practice.
Part III: Direction
Section 1. Presidential Direction. The authorities
delegated pursuant to this order shall be exercised
subject to any subsequent direction by the President in
a particular matter.
Sec. 2. Consultations and Advice. In developing the
annual reports required by part I and part II of this
order, the Trade Representative shall consult with
executive agencies and seek information and advice from
U.S. businesses in the United States and in the
countries involved in the practices under
consideration.
(Presidential Sig.)
THE WHITE HOUSE,
March 31, 1999.
[FR Doc. 99-8433
Filed 4-2-99; 8:45 am]
Billing code 3195-01-P
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