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Executive Order 13118 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.41) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Executive Order 13118—Implementation of the Foreign Affairs Reform and Restructuring Act of 1998

William J. Clinton William J. Clinton
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Wednesday, March 31, 1999
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11 min read (2,109 words)
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64 Fed. Reg. 16595

Executive Brief • At a Glance

⏱️ 11 min read (2,109 words) • ● In Effect
🎯 Primary Mandate

Part 1-1 of Executive Order 12163, as amended, is amended to read as follows: "1-1.

View all 4 directives ↓
⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
Framers' constitutional debate ↓
🏛️ Scope & Affected Sectors
Armed Forces & Military Establishments Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants
Inspect unabridged text ↓

Plain-English Translation & Framers' Constitutional Analysis

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

Signed by President William J. Clinton on March 31, 1999, this order concerns Implementation of the Foreign Affairs Reform and Restructuring Act of 1998. 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…

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

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Part 1-1 of Executive Order 12163, as amended, is amended to read as follows: "1-1.

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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…

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"(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.

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"(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.

Constitutional & Societal Entities Impacted

🏛️ Armed Forces & Military Establishments 🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners

Policy Areas & Topics

🏷️ Trade & Tariffs 🏷️ Economy & Finance
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Strong Prerogative Support
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
55 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

High Friction

Touches upon core congressional prerogatives: raises appropriations reallocation, tariff imposition, or statutory preemption questions.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
2,109
13,496 characters
Estimated Read Time
11 min
@ 200 words / min
Flesch-Kincaid
18.3
Post-Graduate Legal
Language Tone Score
+0.41
Constitutional Fidelity
How is this scored?
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Official Archival Text

View Source Document
📑Sections Outline (11 sections)
Sec. 1Sec. 2Sec. 3Sec. 4Sec. 5Sec. 6Sec. 7Sec. 8Sec. 9Sec. 10Sec. 11

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. #sec-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. #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. #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. #sec-4

Part 1-4 of Executive Order 12163, as amended, is revoked.

Sec. 5. #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. #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. #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. #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. #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. #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. #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. [Filed with the Office of the Federal Register, 10:35 a.m., April 2, 1999]

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Scholarly & Legal Citations 

Exec. Order No. 13,118, 64 Fed. Reg. 16,595 (Mar. 31, 1999).