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Executive Order 13091 Constitutional Fidelity (+0.23)

Executive Order 13091—Administration of Arms Export Controls and Foreign Assistance

William J. Clinton William J. Clinton
•
Monday, June 29, 1998
•
2 min read (460 words)

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

This executive order, signed by President William J. Clinton on 1998-06-29, establishes federal administrative policy concerning "Administration of Arms Export Controls and Foreign Assistance." It outlines operative directives for executive department officers, delegating enforcement responsibilities and establishing official governance guidelines.

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

▪ Section 1-501 of Executive Order 12163, as amended, is further amended: (a) in subsection (a)(2) by striking "and"; and (b) in subsection (a)(3) after "1754)" by inserting the following: "; and (4) section 655(c) of the Act".

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Sovereign State Governments & Localities 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
Total Words
460
2,846 characters
Estimated Read Time
2 min
@ 200 words / min
Flesch-Kincaid
21.9
Post-Grad reading level
Constitutional Polarity
+0.23
Framers' Alignment index
📜

Scholarly & Legal Citations 

Exec. Order No. 13091, William J. Clinton (Jun 29, 1998). Available at https://executiveordersarchive.org/orders/app-executive-order-13091-administration-arms-export-controls-and-foreign-assistance.

Official Document Text

Source: The American Presidency Project (UCSB Archive)

Original Source →
By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 301 of title 3, United States Code, and in order to delegate certain authority to the Secretary of State and the Secretary of Defense, it is hereby ordered as follows: Section 1. Section 1 of Executive Order 11958, as amended, is further amended as follows: (a) in subsection (k), by inserting after "State." "Those under Section 36(e) of the Act, as added by Public Law 104-164 with respect to transmittals pursuant to Section 36(b) to the Secretary of Defense, and with respect to transmittals pursuant to Section 36(c), to the Secretary of State.", and (b) by redesignating subsections (n) through (s) as subsections (o) through (t), respectively, and inserting the following after subsection (m): "(n) Those under Section 40A of the Act, as added by Public Law 104-164, to the Secretary of State insofar as they relate to commercial exports licensed under the Act, and to the Secretary of Defense insofar as they relate to defense articles and defense services sold, leased, or transferred under the Foreign Military Sales Program." Sec. 2. Section 1-201 of Executive Order 12163, as amended, is further amended as follows: (a) in subsection (a)(13), (1) by inserting the following before "and sections": ", section 620G as added by Public Law 104-164"; and (2) by inserting the following after "law": ", except that the functions under section 620G as added by Public Law 104-164 shall be exercised in consultation with the Secretary of Defense"; (b) in subsection (a)(23), by deleting ", except" and all that follows through "thereof"; (c) by redesignating subsections (a)(18) through (36) as (a)(19) through (37), respectively; and (d) by inserting the following new subsection after subsection (a)(17): "(18) section 655 of the Act, insofar as they relate to defense articles and defense services licensed for export under section 38 of the Arms Export Control Act:". Sec. 3. Section 1-301 of Executive Order 12163, as amended, is further amended by: (a) redesignating subsections (e) through (g) as subsections (f) through (h), respectively; and (b) inserting the following new subsection (e): "(e) the functions under section 655 of the Act insofar as they relate to defense articles, defense services, and international military education and training furnished by grant or sale by the Secretary of Defense, except to the extent otherwise delegated." Sec. 4. Section 1-501 of Executive Order 12163, as amended, is further amended: (a) in subsection (a)(2) by striking "and"; and (b) in subsection (a)(3) after "1754)" by inserting the following: "; and (4) section 655(c) of the Act". William J. Clinton The White House, June 29, 1998. [Filed with the Office of the Federal Register, 8:45 a.m., July 1, 1998]