EO 12163
Contents
Also see 7 USC Sec. 1691 and 2381
Key search words
National Archives and Records Administration
Office of the Federal Register
http://www.nara.gov/fedreg/eo1979.html
Executive Orders
Disposition Tables
Jimmy Carter - 1979
National Archives and Records Administration
Office of the Federal Register
Administration of Security Assistance Programs
Signed: February 6, 1979
Federal Register page and date: 44 FR 7939; February 8, 1979
Amends: EO 10973, November 3, 1961; EO 11958, January 18, 1977
Revokes in part: EO 10973, November 3, 1961
Amended by: EO 12163, September 29, 1979
Administration of foreign assistance and related functions
Signed: September 29, 1979
Federal Register page and date: 44 FR 56673; October 2, 1979
Amends: EO 10900, January 5, 1961; Memorandum of October 18, 1961; EO
11223, May 12, 1965; EO 11846, March 27, 1975; EO 11958, January 18,
1977; EO 12065, June 28, 1978; EO 11685, September 25, 1972; EO 12107,
December 28, 1978; EO 12118, February 6, 1979
Revokes: EO 10893, November 8, 1960; EO 10973, November 3, 1961;
11261, December 11, 1965; EO 11417, July 24, 1968; EO 11432, October 22,
1968; EO 11816, October 23, 1974; EO 11841, February 28, 1975; EO 11959,
January 18, 1977
Revokes in part: EO 11579, January 19, 1971 ; EO 11685, September 25, 1972
Amended by: EO 12226, July 22, 1980; EO 12292, February 23, 1981; EO
12321, September 14, 1981; EO 12365, May 24, 1982; EO 12423, May 26,
1983; EO 12458, January 14, 1984; EO 12500, January 24, 1985; EO 12560,
May 24, 1986; EO 12608, September 9, 1987; EO 12620, December 24, 1987;
EO 12639, May 6, 1988; EO 12680, July 5, 1989; EO 12738, December 14,
1990, EO 13030, December 12, 1996
See: Presidential Determination No. 91-20, January 25, 1991; EO 12884,
December 1, 1993
http://law2.house.gov/uscode-cgi/fastweb.exe?getdoc+uscview+t05t08+2479+2++EX%20W%2F2%20ORD%20W%2F2%2012163%20%2FF%3AEXEC
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7 USC Sec. 1691 01/06/97
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TITLE 7 - AGRICULTURE
CHAPTER 41 - AGRICULTURAL TRADE DEVELOPMENT AND ASSISTANCE
-HEAD-
Sec. 1691. United States policy
-STATUTE-
It is the policy of the United States to use its abundant
agricultural productivity to promote the foreign policy of the
United States by enhancing the food security of the developing
world through the use of agricultural commodities and local
currencies accruing under this chapter to -
(1) combat world hunger and malnutrition and their causes;
(2) promote broad-based, equitable, and sustainable
development, including agricultural development;
(3) expand international trade;
(4) develop and expand export markets for United States
agricultural commodities; and
(5) foster and encourage the development of private enterprise
and democratic participation in developing countries.
-SOURCE-
(July 10, 1954, ch. 469, Sec. 2, 68 Stat. 454; Nov. 11, 1966, Pub. L. 89-808, Sec. 2(A), 80 Stat. 1526; Dec. 20, 1975, Pub. L. 94-161, title II, Sec. 201, 89 Stat. 850; Dec. 23, 1985, Pub. L. 99-198, title XI, Sec. 1111(a), 99 Stat. 1474; Nov. 28, 1990, Pub. L. 101-624, title XV, Sec. 1512, 104 Stat. 3633.)
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AMENDMENTS
1990 - Pub. L. 101-624 amended section generally, substituting present provisions for provisions declaring policy of United States to expand trade, develop export markets, encourage economic development and private enterprise in developing countries, improve local food production and promote foreign policy, and requiring President to give priority to countries most affected by food shortages, encourage other donors, link assistance to local agricultural and related development, seek expanded markets for American commodities, and recognize and support American farm economy.
1985 - Pub. L. 99-198 included Congressional declaration of policy to use accrued foreign currencies to foster and encourage the development of private enterprise in developing countries and to enhance food security in developing countries through local food production in first sentence.
1975 - Pub. L. 94-161 inserted provisions of second sentence, including cls. (1) to (5), respecting considerations in furnishing food aid under this chapter.
1966 - Pub. L. 89-808 restated the Congressional declaration of policy to include the use of the abundant agricultural productivity of the United States to combat hunger and malnutrition and the emphasis on assistance to those developing countries that are determined to improve their own agricultural production and to exclude statement of a policy to facilitate the convertibility of currency, to make maximum efficient use of surplus agricultural commodities in furtherance of the foreign policy of the United States, to purchase strategic materials, to pay United States obligations abroad, and to promote collective strength.
EFFECTIVE DATE OF 1990 AMENDMENT
Section 1513 of Pub. L. 101-624 provided that: "The amendment made by section 1512 (enacting sections 1736g-1 and 1737 to 1738m of this title, amending this section and sections 1691a, 1701 to 1705, 1721 to 1726a, 1727 to 1727e, 1731 to 1736, 1736a to 1736f, and 1736g of this title, and enacting provisions set out as a note under this section) shall become effective on January 1, 1991."
EFFECTIVE DATE OF 1966 AMENDMENT
Section 5 of Pub. L. 89-808 provided that: "This Act (enacting sections 1707a, 1710, 1725, and 1736a to 1736d of this title, amending this section and sections 1431, 1431b, 1446a-1, 1701 to 1704, 1705, 1707, 1708, 1709, 1721 to 1724, and 1731 to 1736 of this title, repealing sections 1693 to 1697 of this title, and amending provisions set out as a note under section 1701 of this title) shall take effect as of January 1, 1967, except that section 4 (enacting section 1707a of this title) shall take effect upon enactment (Nov. 11, 1966)."
SHORT TITLE OF 1992 AMENDMENT
Pub. L. 102-532, Sec. 1, Oct. 27, 1992, 106 Stat. 3509, provided that: "This Act (enacting sections 1738o to 1738r, 3294, and 5404 of this title and amending section 1738m of this title) may be cited as the 'Enterprise for the Americas Initiative Act of 1992'."
Pub. L. 102-532, Sec. 2, Oct. 27, 1992, 106 Stat. 3509, which enacted sections 1738o to 1738r of this title, is popularly known as the "Good Neighbor Environmental Act of 1992".
SHORT TITLE OF 1990 AMENDMENT
Section 1501 of title XV of Pub. L. 101-624 provided that: "This title (see Tables for classification) may be cited as the 'Agricultural Development and Trade Act of 1990'." Section 1511 of Pub. L. 101-624 provided that: "This subtitle (subtitle A (Sec. 1511-1517) of title XV of Pub. L. 101-624, enacting sections 1706, 1736g-1 and 1737 to 1738m of this title and sections 1241g to 1241v of Appendix to Title 46, Shipping, amending this section and sections 1431, 1691a, 1701 to 1705, 1721 to 1726a, 1727 to 1727e, 1731 to 1736g, 1736o, 1736bb-6 of this title, and section 1241f of Appendix to Title 46, and enacting provisions set out as notes under this section) may be cited as the 'Mickey Leland Food for Peace Act'."
SHORT TITLE OF 1988 AMENDMENT
Pub. L. 100-576, Sec. 1, Oct. 31, 1988, 102 Stat. 2897, provided that: "This Act (amending section 1727 of this title and enacting provisions set out as a note under section 1727 of this title) may be cited as the 'Bangladesh Disaster Assistance Act of 1988'."
SHORT TITLE OF 1987 AMENDMENT
Pub. L. 100-202, Sec. 16, as added by Pub. L. 100-418, title IV, Sec. 4610(a), Aug. 23, 1988, 102 Stat. 1411, provided that sections 1 to 16 under the heading "Agricultural Aid and Trade Missions Act" of Pub. L. 100-202, which enacted sections 1726b and 1736bb to 1736bb-6 of this title, and amended sections 1701, 1703, 1709, 1722, 1726, and 1726a of this title, was to be cited as the "Agricultural Aid and Trade Missions Act", prior to repeal by Pub. L. 104-127, title II, Sec. 271(a), Apr. 4, 1996, 110 Stat. 976.
SHORT TITLE OF 1966 AMENDMENT
Section 1 of Pub. L. 89-808 provided: "That this Act (enacting sections 1707a, 1710, 1725, and 1736a to 1736d, amending this section and sections 1431, 1431b, 1446a-1, 1701 to 1704, 1705, 1707, 1708, 1709, 1721 to 1724, and 1731 to 1736, repealing sections 1693 to 1697 of this title, and amending provisions set out as a note under section 1701 of this title) may be cited as the 'Food for Peace Act of 1966'."
SHORT TITLE
Section 1 of act July 10, 1954, as amended by act Nov. 28, 1990, Pub. L. 101-624, title XV, Sec. 1512, 104 Stat. 3633, provided that: "This Act (enacting this chapter) may be cited as the 'Agricultural Trade Development and Assistance Act of 1954'."
MINIMUM LEVEL OF FOOD ASSISTANCE
Pub. L. 100-418, title IV, Sec. 4310, Aug. 23, 1988, 102 Stat.
1399, provided that:
"(a) Annual Minimum. - It is the sense of Congress that -
"(1) the United States should maintain its historic proportion
of food assistance constituting one-third of all United States
foreign economic assistance; and
"(2) accordingly, the total amount of food assistance made available to foreign countries under the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.) and section 416(b) of the Agricultural Act of 1949 (7 U.S.C. 1431(b)) should not be less than one-third of the total amount of foreign economic assistance provided for each fiscal year.
"(b) Definition. - For purposes of this section, the term
'foreign economic assistance' includes -
"(1) assistance under chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.), the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), section 416(b) of the Agricultural Act of 1949 (7 U.S.C.
1431(b)), or any other law authorizing economic assistance for
foreign countries; and
"(2) United States contributions to the International Bank for Reconstruction and Development, the International Development Association, the Inter-American Development Bank, the Asian Development Bank, the African Development Bank, or any other multilateral development bank."
FOOD AID AND MARKET DEVELOPMENT
Pub. L. 100-418, title IV, Sec. 4311, Aug. 23, 1988, 102 Stat. 1400, which declared it to be the policy of the United States to use food aid and agriculturally-related foreign economic assistance programs more effectively to develop markets for United States agricultural commodities and products, and which directed the President (or, as appropriate, the Secretary of Agriculture) to encourage recipient countries under food assistance agreements entered into under any program administered by the Secretary to agree to give preference to United States food and food products in future food purchases, was repealed by Pub. L. 101-624, title XV, Sec. 1571, Nov. 28, 1990, 104 Stat. 3702.
AGRICULTURAL TRADE AND EXPORT POLICY COMMISSION ACT
Subtitle C (Sec. 1217-1224) of title XII of Pub. L. 97-98, as added Pub. L. 98-412, Aug. 30, 1984, 98 Stat. 1576, known as the Agricultural Trade and Export Policy Commission Act, established a National Commission on Agricultural Trade and Export Policy to conduct a study of agriculture-related trade and export policies, programs, and practices of United States, directed Commission to submit to President and Congress a final report and recommendations by July 1, 1986, and provided for termination of Commission 60 days thereafter.
USE OF NONPRICE-SUPPORTED COMMODITIES
Pub. L. 95-113, title XII, Sec. 1209, Sept. 29, 1977, 91 Stat. 957, provided that: "It is the sense of Congress that there be no discrimination between 'price-supported' and 'nonprice-supported' commodities in the programming of commodities under the Agricultural Trade Development and Assistance Act of 1954, as amended (Public Law 480) (which enacted this chapter and amended sections 1427 and 1431 of this title)."
SPECIAL TASK FORCE
Pub. L. 95-113, title XII, Sec. 1210, Sept. 29, 1977, 91 Stat. 957, required the Secretary of Agriculture, not later than eighteen months after Sept. 29, 1977, to appoint a special task force to review and report to Congress upon the administration of the Agricultural Trade Development and Assistance Act of 1954, 7 U.S.C. 1961 et seq.
-EXEC-
EXECUTIVE ORDER NO. 10560
Ex. Ord. No. 10560, Sept. 13, 1954, 19 F.R. 5927, as amended by Ex. Ord. No. 10575, Nov. 8, 1954, 19 F.R. 7249; Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261; Ex. Ord. No. 10708, May 6, 1957, 22 F.R. 3213; Ex. Ord. No. 10746, Dec. 13, 1957, 22 F.R. 10027; Ex.
Ord. No. 10773, July 1, 1958, 23 F.R. 5061; Ex. Ord. No. 10782,
Sept. 8, 1958, 23 F.R. 6971; Ex. Ord. No. 10799, Jan. 16, 1959, 24
F.R. 447; Ex. Ord. No. 10827, June 25, 1959, 24 F.R. 5233; Ex. Ord. No. 10884, Aug. 17, 1960, 25 F.R. 8019, which provided for the delegation of administrative functions, was superseded by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, formerly set out as a note under this section, and was revoked by section 1-502(a) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below.
EXECUTIVE ORDER NO. 10685
Ex. Ord. No. 10685, Oct. 29, 1956, 21 F.R. 8261, which designated the International Cooperation Administration as the Federal agency to which funds required for ocean freight costs could be transferred by the Commodity Credit Corporation, was superseded by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, formerly set out as a note under this section, and was revoked by section 1-502(b) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below.
EXECUTIVE ORDER NO. 10900
Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143, as amended by Ex. Ord. No. 10915, Jan. 24, 1961, 26 F.R. 781; Ex. Ord. No. 10972, Nov. 3, 1961, 26 F.R. 10469; Ex. Ord. No. 11036, July 1, 1962, 27 F.R. 6653; Ex. Ord. No. 11051, Sept. 27, 1962, 27 F.R. 9683; Ex. Ord. No. 11963, Jan. 19, 1977, 42 F.R. 4325; Ex. Ord. No. 12148, July 20, 1979, 44 F.R. 43239; Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, which related to the delegation of administrative functions, was revoked by section 1-501 of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out below.
EXECUTIVE ORDER NO. 11252
Ex. Ord. No. 11252, Oct. 20, 1965, 30 F.R. 13507, as amended by Ex. Ord. No. 12527, Aug. 7, 1985, 50 F.R. 32157, which transferred to the Secretary of State all functions of the Director of the Food-For-Peace Program, was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
EXECUTIVE ORDER NO. 12220
Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44245, which provided for delegation of administrative functions relating to agricultural trade development, was revoked by section 6 of Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8256, set out below.
EX. ORD. NO. 12752. IMPLEMENTATION OF AGRICULTURAL TRADE
DEVELOPMENT AND ASSISTANCE ACT OF 1954, AS AMENDED, AND FOOD FOR
PROGRESS ACT OF 1985, AS AMENDED
Ex. Ord. No. 12752, Feb. 25, 1991, 56 F.R. 8255, provided:
By the authority vested in me as President by the Constitution and the laws of the United States of America, including the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1691 et seq.), as amended by Public Law 101-624 ("Agricultural Trade Development Act"), the Food for Progress Act of 1985 (7 U.S.C. 1736o), as amended by Public Law 101-624 ("Food for Progress Act"), and section 301 of title 3 of the United States Code, it is hereby ordered as follows:
Section 1. Establishment of Programs. There is hereby established:
(a) a program under title I of the Agricultural Trade Development Act (7 U.S.C. 1701 et seq.) to provide for the sale of agricultural commodities to developing countries. Such program shall be implemented by the Secretary of Agriculture (hereafter referred to as the "Secretary").
(b) a program under title II of the Agricultural Trade
Development Act (7 U.S.C. 1721 et seq.) to provide for the donation of agricultural commodities to foreign countries. Such program shall be implemented by the Administrator of the Agency for International Development (hereafter referred to as the "Administrator").
(c) a program under title III of the Agricultural Trade
Development Act (7 U.S.C. 1727 et seq.) to provide for the donation of agricultural commodities to least developed countries. Such program shall be implemented by the Administrator. Sec. 2. International Negotiations and Accounting for Foreign Currencies. (a) The Secretary with respect to title I, and the Administrator with respect to titles II and III of the Agricultural Trade Development Act, shall negotiate and execute agreements under the Agricultural Trade Development Act in accord with section 112b of title I (sic) of the United States Code and applicable regulations and procedures of the Department of State. (b)(1) Foreign currencies that accrue to the United States under titles I and III of the Agricultural Trade Development Act may be used for the purposes set forth in section 104 and section 306 of that Act (7 U.S.C. 1704, 1727e), respectively, in amounts consistent with applicable provisions of law and agreements. Such foreign currencies shall be subject to regulations of the Department of the Treasury governing the purchase, custody, deposit, transfer, and sale of foreign currencies received under the Agricultural Trade Development Act.
(2) The Director of the Office of Management and Budget (hereafter referred to as the "Director") shall determine the amount of foreign currencies to be used for the purposes of section 104(c)(8) of the Agricultural Trade Development Act, and such purposes shall be carried out by the agencies with authority to pay the obligations abroad. The purposes of the remaining paragraphs of section 104(c) of that Act shall be carried out by the Department of Agriculture, utilizing, where appropriate, the expertise of other agencies.
(3) The Secretary and Administrator shall transmit the reports required by the provisions of paragraph 5 of the Act of August 13, 1957 (71 Stat. 345; 7 U.S.C. 1704a), as related to the use of foreign currencies accruing under title I and title III of the Agricultural Trade Development Act, respectively. Sec. 3. Policy Coordination. (a) To ensure policy coordination of assistance provided under the Agricultural Trade Development Act and the Food for Progress Act, there is hereby established a Food Assistance Policy Council (hereafter referred to as the "Council").
(b) The Council will include senior representatives of the Department of Agriculture, the Agency for International Development, the Department of State, and the Office of Management and Budget. Meetings of the Council shall be called by the Secretary or his designee at the request of any senior representative of the Council.
(c) The Council shall advise the President on appropriate
policies under the Agricultural Trade Development Act and the Food for Progress Act and shall coordinate decisions on allocations and other policy issues, as well as prepare the report required by section 407(g)(1) of the Agricultural Trade Development Act (7 U.S.C. 1736a(g)(1)).
(d) As necessary for effective coordination, the Council shall
provide its advice to the President through the appropriate Cabinet-level body.
Sec. 4. Delegation of Responsibilities. (a) The consultation required by section 401(a) of the Agricultural Trade Development Act (7 U.S.C. 1731(a)) shall be undertaken through the Council.
(b) The function conferred upon the President in section 403(j)
of the Agricultural Trade Development Act (7 U.S.C. 1733(j)) is hereby delegated to the Secretary of State.
(c) The function conferred upon the President by section 407(h)
of the Agricultural Trade Development Act (7 U.S.C. 1736a(h)) is hereby delegated to the Administrator.
(d) The functions conferred upon the President by section 411 of
the Agricultural Trade Development Act (7 U.S.C. 1736e) are hereby delegated to the Secretary, in consultation with the Council and the Department of the Treasury.
(e) The functions conferred upon the President by section 412(c)
of the Agricultural Trade Development Act (7 U.S.C. 1736f(c)) are hereby delegated to the Director, who shall consult with the Council on these functions.
(f) The functions conferred upon the President by title V of the
Agricultural Trade Development Act (7 U.S.C. 1737) are hereby delegated to the Administrator.
(g) The functions conferred upon the President by the Food for
Progress Act, as amended (7 U.S.C. 1736o), are hereby delegated to the Secretary.
Sec. 5. Regulatory Review. Policies, regulations, and analyses required by this Executive order shall be fully consistent with the standards and criteria, analyses and procedures set forth in Executive Order Nos. 12291 and 12498 (formerly 5 U.S.C. 601 notes). Sec. 6. Revocations. Executive Order No. 12220 of June 27, 1980, and Executive Order No. 12583 of February 19, 1987, are revoked.
George Bush.
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SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in sections 1701, 1727, 1727b, 1727e of this title.
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22 USC Sec. 2381 01/06/97
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 32 - FOREIGN ASSISTANCE
SUBCHAPTER III - GENERAL AND ADMINISTRATIVE PROVISIONS
Part II - Administrative Provisions
-HEAD-
Sec. 2381. Exercise of functions
-STATUTE-
(a) Delegation by President; rules and regulations; utilization of
goods and services from private enterprise, and facilities and
resources of Federal agencies when not competitive with private
enterprise
The President may exercise any functions conferred upon him by
this chapter through such agency or officer of the United States
Government as he shall direct. The head of any such agency or such
officer may from time to time promulgate such rules and regulations
as may be necessary to carry out such functions, and may delegate
authority to perform any such functions, including, if he shall so
specify, the authority successively to redelegate any of such
functions to any of his subordinates. In providing technical
assistance under this chapter, the head of any such agency or such
officer shall utilize, to the fullest extent practicable, goods and
professional and other services from private enterprise on a
contract basis. In such fields as education, health, housing, or
agriculture, the facilities and resources of other Federal agencies
shall be utilized when such facilities are particularly or uniquely
suitable for technical assistance, are not competitive with private
enterprise, and can be made available without interfering unduly
with domestic programs.
(b) Eligibility of suppliers; debarment period; causes for
debarment; conditions for reinstatement; periodic review
The President shall issue and enforce regulations determining the
eligibility of any person to receive funds made available under
this chapter. A person may be suspended under such regulations for
a temporary period pending the completion of an investigation and
any resulting judicial or debarment proceedings, upon cause for
belief that such person or an affiliate thereof probably has
undertaken conduct which constitutes a cause for debarment; and,
after an opportunity has been afforded to such person for a
hearing, he may be debarred for an additional period, not to exceed
three years. Among the causes for debarment shall be (1) offering
or accepting a bribe or other illegal payment or credit in
connection with any transaction financed with funds made available
under this chapter; or (2) committing a fraud in the procurement or
performance of any contract financed with funds made available
under this chapter; or (3) acting in any other manner which shows a
lack of integrity or honesty in connection with any transaction
financed with funds made available under this chapter.
Reinstatement of eligibility in each particular case shall be
subject to such conditions as the President shall direct. Each
person whose eligibility is denied or suspended under this
subsection shall, upon request, be entitled to a review of his
eligibility not less often than once every two years.
-SOURCE-
(Pub. L. 87-195, pt. III, Sec. 621, Sept. 4, 1961, 75 Stat. 445;
Pub. L. 87-565, pt. III, Sec. 302(a), Aug. 1, 1962, 76 Stat. 262;
Pub. L. 88-205, pt. III, Sec. 302(a), Dec. 16, 1963, 77 Stat. 388;
Pub. L. 90-554, pt. III, Sec. 302(a), Oct. 8, 1968, 82 Stat. 964.)
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REFERENCES IN TEXT
This chapter, referred to in text, was in the original "this
Act", meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as
amended, known as the Foreign Assistance Act of 1961. For complete
classification of this Act to the Code, see Short Title note set
out under section 2151 of this title and Tables.
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AMENDMENTS
1968 - Pub. L. 90-554 designated existing provisions as subsec.
(a) and added subsec. (b).
1963 - Pub. L. 88-205 provided that goods and professional and
other services from private enterprise should be utilized on a
contract basis, and that Federal agencies be utilized only when not
competitive with private enterprise and available without
interfering unduly with domestic programs.
1962 - Pub. L. 87-565 struck out designation "(a)" from
provisions of subsec. (a), and repealed subsecs. (b) to (e) which
related to the abolition of the Development Loan Fund,
International Cooperation Administration, and the Office of
Inspector General and Comptroller, the transfer of their functions,
and the transfer of the function of the Export-Import Bank under
section 1704(e) of title 7.
-TRANS-
DELEGATION OF FUNCTIONS; ALLOCATION OF FUNDS
Functions of President under this section delegated and funds
available under this chapter allocated to Director of United States
International Development Cooperation Agency, with certain
exceptions, by sections 1-102(a)(1), (e) and 1-801(a) of Ex. Ord.
No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out
below.
Section 2(a) of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969,
set out as a note under section 2191 of this title, which delegated
functions of President under subsec. (b) of this section to
Overseas Private Investment Corporation, was revoked by section
1-903(a)(2) of Ex. Ord. No. 12163, Sept. 27, 1979, 44 F.R. 56679,
eff. Oct. 1, 1979, set out below.
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AGENCY FOR INTERNATIONAL DEVELOPMENT BUDGET SUBMISSION
Pub. L. 102-391, title V, Sec. 599E, Oct. 6, 1992, 106 Stat.
1698, provided that: "The President shall include with each budget
for a fiscal year submitted to the Congress under section 1105 of
title 31, United States Code, materials that shall identify clearly
and separately the amounts requested in the budget for
appropriation for that fiscal year for salaries and expenses
related to administrative activities of the Agency for
International Development."
REORGANIZATION PLAN NO. 2 OF 1979
44 F.R. 41165, 93 STAT. 1378
Prepared by the President and transmitted to the Senate and the
House of Representatives in Congress assembled, April 10, 1979,
pursuant to the provisions of chapter 9 of title 5 of the United
States Code. (FOOTNOTE 1)
(FOOTNOTE 1) As amended May 21, 1979.
UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
SECTION 1. ESTABLISHMENT OF THE UNITED STATES INTERNATIONAL
DEVELOPMENT COOPERATION AGENCY
There is hereby established in the executive branch an
independent agency to be known as the United States International
Development Cooperation Agency (hereinafter referred to as the
"Agency").
SEC. 2. DIRECTOR
The Agency shall be headed by the Director of the United States
International Development Cooperation Agency (hereinafter referred
to as the "Director"), who shall be appointed by the President,
by and with the advice and consent of the Senate, and shall receive
compensation at the rate prescribed by law for Level II of the
Executive Schedule (5 U.S.C. 5315). The Director shall have primary
responsibility for establishing overall development assistance
policy and coordinating international development activities
supported by the United States. The Director shall serve as the
principal advisor to the President and the Secretary of State on
international development matters and also shall advise the
President on all trade, science and technology, and other matters
significantly affecting the developing nations. The Director shall
report to the President and, on matters relating to foreign policy,
to the Secretary of State. The Director shall designate the order
in which other officials shall act for and exercise the powers of
the Director during the absence or disability of the Director and
the Deputy Director or in the event of vacancies in both such
offices.
SEC. 3. DEPUTY DIRECTOR
The President, by and with the advice and consent of the Senate,
may appoint a Deputy Director of the Agency, who shall receive
compensation at the rate prescribed by law for Level III of the
Executive Schedule (5 U.S.C. 5314). The Deputy Director shall
perform such duties and exercise such powers as the Director may
from time to time prescribe and, in addition, shall act for and
exercise the powers of the Director during the absence or
disability of the Director or during a vacancy in such office.
SEC. 4. ASSOCIATE DIRECTORS
The President, by and with the advice and consent of the Senate,
may appoint two Associate Directors of the Agency, who shall
perform such duties and exercise such powers as the Director may
from time to time prescribe and who shall receive compensation at
the rate prescribed by law for Level IV of the Executive Schedule
(5 U.S.C. 5315).
SEC. 5. PERFORMANCE OF FUNCTIONS
The Director may from time to time establish, alter, consolidate,
or discontinue organizational units within the Agency (other than
units expressly established by statute or reorganization plan).
The Director may from time to time delegate responsibility for
carrying out any function or authority of the Director of the
Agency to any officer, employee, or unit of the Agency, or any
other officer or agency of the executive branch.
SEC. 6. TRANSFERS OF FUNCTIONS
(a) There are hereby transferred to the Director all functions
and authorities vested in the Agency for International Development
or in its administrator pursuant to the following:
(1) sections 233(b), 239(i), 296(e), 297(d), 298(c)(6), 299(d),
601(a) through (d), and 624(f)(2)(C) of the Foreign Assistance
Act of 1961, as amended (22 U.S.C. 2193(b), 2199(i), 2220a(e),
2220b(d), 2220c(c)(6), 2220d(d), 2351(a) through (d), and
2384(f)(2)(C));
(2) section 407 of the Agricultural Trade Development and
Assistance Act of 1954, as amended (7 U.S.C. 1736a); and
(3) section 706 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (49 U.S.C. 1518).
(b) There are hereby transferred to the Director all functions
and authorities vested in the agency primarily responsible for
administering part I of the Foreign Assistance Act of 1961, as
amended (22 U.S.C. 2151 et seq.), or in its Administrator pursuant
to the following:
(1) sections 101(b), 119, 125, 531(a)(2), 601(e)(2), and 640B
of such Act (22 U.S.C. 2151(b), 2151q, 2151w, 2346(a)(2),
2351(e)(2), and 2399c); and
(2) section 602 of the International Security Assistance and
Arms Control Act of 1976 (22 U.S.C. 2352 note).
(c) There are hereby transferred to the Director all functions
and authorities vested in the Secretary of State pursuant to the
following:
(1) section 101(b) of the Foreign Assistance Act of 1961, as
amended (22 U.S.C. 2151(b)), insofar as it relates to policy
guidance other than foreign policy guidance, and section 622(c)
of such Act (22 U.S.C. 2382(c)), insofar as it relates to
development assistance; and
(2) section 901 of Public Law 95-118 (22 U.S.C. 262g).
SEC. 7. ABOLITION
One of the positions that the President may appoint under section
624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5
U.S.C. 5315(5)) is hereby abolished.
SEC. 8. OTHER TRANSFERS; INTERIM OFFICERS
(a) So much of the personnel, property, records, and unexpended
balances of appropriations, allocations and other funds employed,
used, held, available, or to be made available in connection with
the functions and authorities affected by the establishment of the
Agency, as the Director of the Office of Management and Budget
shall determine, shall be transferred to the appropriate agency or
component at such time or times as the Director of the Office of
Management and Budget shall provide, except that no such unexpended
balances transferred shall be used for purposes other than those
for which the appropriation was originally made. The Director of
the Office of Management and Budget shall provide for terminating
the affairs of any agency abolished herein and for such further
measures and dispositions as such Director deems necessary to
effectuate the purposes of this reorganization plan.
(b) Pending the initial appointment of the Director, Deputy
Director, and Associate Directors of the Agency, their functions
and authorities may be performed, for up to 60 days after section 1
of this reorganization plan becomes effective (Oct. 1, 1979), by
such individuals as the President may designate. Any individual so
designated shall be compensated at the rate provided herein for the
position whose functions and authorities such individual performs.
SEC. 9. EFFECTIVE DATE
This reorganization plan shall become effective on July 1, 1980,
or at such earlier time or times as the President shall specify,
but not sooner than the earliest time allowable under section 906
of title 5 of the United States Code.
(Sections 1, 5, 6, and 8 of Reorg. Plan No. 2 of 1979 were
effective Oct. 1, 1979, pursuant to Ex. Ord. No. 12163, Sec. 1-101,
Sept. 29, 1979, 44 F.R. 56673, set out below.)
(Sections 2, 3, and 4 of Reorg. Plan No. 2 of 1979 were effective
July 19, 1979, pursuant to Ex. Ord. No. 12147, July 19, 1979, 44
F.R. 42957, set out below.)
MESSAGE OF THE PRESIDENT
To the Congress of the United States:
I transmit herewith Reorganization Plan No. 2 of 1979, to
consolidate certain foreign assistance activities of the United
States Government. I am acting under the authority vested in me by
the Reorganization Act, chapter 9 of title 5 of the United States
Code, and pursuant to title III of the International Development
and Food Assistance Act of 1978 (Pub. L. 95-424, Oct. 6, 1978, 92
Stat. 955, set out as a note under 22 U.S.C. 2151), which requires
that I report to the Congress my decisions on reorganization in
this area. The purposes of this reorganization are to make more
coherent our economic policies and programs affecting the
developing nations and to improve the effectiveness of United
States foreign development activities.
This Nation is committed - not only in the interest of the people
of developing countries, but in our own interest as well - to help
those countries in their efforts to achieve better lives for their
citizens. To this end, we conduct a number of bilateral
development assistance programs, participate in a number of
multilateral development assistance programs, and engage in a
variety of other economic activities that affect developing
countries.
When this Administration took office, United States support of
international development suffered from four major problems.
First, no single U.S. official was charged with responsibility for
establishing a comprehensive and coherent strategy for our Nation's
efforts in this field. Second, no agency or official had the
authority to ensure that the various U.S. programs affecting
development were consistent with each other or complemented the
programs of the multilateral organizations to which we contribute.
Third, none of the agency heads testifying before the Congress
about his particular portion of our foreign assistance efforts was
able to speak authoritatively for the program as a whole or for the
Administration's overall development policies and priorities.
Finally, because there was no authoritative spokesperson,
developmental concerns were at times accorded insufficient weight
in executive branch decision-making on trade, monetary, and other
non-aid economic issues that affect developing nations.
Just before his death a year ago, Senator Hubert H. Humphrey
prepared a bill intended to solve these problems. Congressman
Clement Zablocki introduced a similar measure in the House.
Although the Congress took no action last year on the
organizational provisions of the Humphrey-Zablocki bill, it
directed me, in title III of the 1978 development assistance
authorization act, to institute a strengthened system of
coordination of U.S. economic policies affecting the developing
countries, and urged me to create an agency with primary
responsibility for coordination of international
development-related activities.
In response to the Humphrey-Zablocki bill and the
Administration's own analyses, I took a number of steps last year
to strengthen aid coordination and improve the effectiveness of our
development assistance programs. The Reorganization Plan
transmitted with this message continues that process. It will
provide stronger direction of U.S. policies toward the developing
world, ensure a more coherent development strategy, promote the
more effective use of the various U.S. bilateral instruments by
which the U.S. can encourage economic and social progress in
developing countries, and ensure that U.S. bilateral programs and
the multilateral programs to which we contribute better complement
each other.
This reorganization would create a new agency, to be known as the
International Development Cooperation Agency (IDCA). IDCA would
become a focal point within the U.S. Government for economic
matters affecting U.S. relations with developing countries.
Subject to guidance concerning the foreign policy of the United
States from the Secretary of State, the IDCA Director would be the
principal international development advisor to the President and to
the Secretary of State. The Director would replace the AID
Administrator in chairing the Development Coordination Committee.
The IDCA Director would make recommendations to me concerning the
appointment and tenure of senior officials of each component of
IDCA, and would establish and control the budgets and policies of
the Agency for International Development and the bilateral foreign
assistance programs it administers, and of the Institute For
Technological Cooperation, proposed in legislation transmitted to
the Congress on February 26, 1979, which would support research and
technological innovation to reduce obstacles to economic
development.
The Overseas Private Investment Corporation, which insures and
guarantees U.S. private investments in developing countries against
certain hazards, would also be a component of IDCA, but OPIC's
Board of Directors, which the IDCA Director would chair, would
continue to set OPIC policy.
Each of these agencies would retain its individual identity and
substantial day-to-day operating autonomy. A principal
responsibility of the IDCA Director - who would be supported by a
small staff - would be the achievement of consistency and balance
among the policies, major programs, and budgets of the component
agencies.
To help insure that U.S. bilateral efforts and the programs of
major multilateral development institutions better complement each
other, the IDCA Director would participate in the selection of U.S.
Executive Directors of multilateral development banks (World Bank
Group, Inter-American Development Bank, Asian Development Bank and
African Development Fund), and would advise these Executive
Directors on development policy and proposed projects and
programs. Additionally, IDCA would assume lead responsibility for
budget support and policy concerning United States participation in
those organizations and programs of the United Nations and the
Organization of American States whose purpose is primarily
developmental. These are the UN Development Program, UNICEF, the
Organization of American States Technical Assistance Funds, the UN
Capital Development Fund, the UN Educational and Training Program
for Southern Africa, the UN/Food and Agriculture Organization (FAO)
World Food Program, the FAO Post-Harvest Losses Fund, and the UN
Disaster Relief Organization.
The IDCA Director would be responsible for insuring that
development goals are taken fully into account in all executive
branch decision-making on trade, technology, and other economic
policy issues affecting the less developed nations, and would
submit an annual development policy statement to the Congress. The
Director would also prepare a comprehensive foreign assistance
budget, which he would submit to the Office of Management and
Budget after consulting with the Secretary of State, and would lead
the Administration's presentation of that budget to the Congress.
When IDCA is established, I intend to delegate to it the
principal authority for the bilateral development assistance
program administered by AID (now vested in me by law, delegated to
the Secretary of State, and redelegated to the Administrator of
AID). Certain functions vested in me under the Foreign Assistance
Act will continue to be delegated to the Secretary of State,
Secretary of the Treasury, Secretary of Defense, or elsewhere; but
most functions relating to the assistance program will be delegated
directly to the IDCA Director, who will in turn redelegate these
functions, as appropriate, to the Administrator of AID. I also
intend to delegate to the Director of IDCA authority proposed to be
vested in me to establish an Institute For Technological
Cooperation; the IDCA Director would redelegate these functions, as
appropriate, to IFTC.
The reorganization would increase program effectiveness through
improved coordination, as requested in the 1978 authorization act.
I estimate that it would achieve that goal with no increase in
expenditures or personnel. After investigation, I have found that
this reorganization is necessary to carry out the policy set forth
in section 901(a) of title 5 of the United States Code. This plan
abolishes one of the statutory officers that the President may
appoint under section 624(a) of the Foreign Assistance Act of 1961
(22 U.S.C. 2384(a)). No statutory functions are abolished by the
plan. The provisions in this plan for the appointment and pay of
the Director, Deputy Director, and Associate Directors of IDCA have
been found by me to be necessary by reason of the reorganization
and are at rates applicable to comparable officers in the executive
branch.
This proposal constitutes the first major restructuring of the
U.S. foreign aid program since the creation of the Agency for
International Development in 1961. It will provide the United
States with governmental machinery far better able to fulfill our
commitment to assist people in developing countries to eliminate
hunger, poverty, illness and ignorance. It responds to the mandate
of the Congress. Let us work together to insure its successful and
effective implementation. Jimmy Carter.
The White House, April 10, 1979.
-EXEC-
Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended,
which related to the administration of foreign assistance and
related functions, was revoked by Ex. Ord. No. 12163, Sec.
1-903(a)(1), Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set
out below.
Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, was
superseded insofar as any provision therein was in conflict with
any provision of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969,
set out as a note under section 2191 of this title.
EX. ORD. NO. 12147. EFFECTIVE DATE OF CERTAIN SECTIONS OF
REORGANIZATION PLAN NO. 2 OF 1979 RESPECTING UNITED STATES
INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Ex. Ord. No. 12147, July 19, 1979, 44 F.R. 42957, provided:
By the authority vested in me as President of the United States
of America by Section 9 of Reorganization Plan No. 2 of 1979 (set
out above), both Houses of Congress having defeated a resolution of
disapproval (S. Res. 140, 125 Cong. Rec. S. 8829 (July 9, 1979); H.
Res. 231, 125 Cong. Rec. H. 5729 (July 11, 1979)), it is hereby
ordered that Sections 2, 3, and 4 of that Plan, providing for the
offices of Director, Deputy Director, and Associate Directors, are
effective immediately. Jimmy Carter.
EX. ORD. NO. 12163. ADMINISTRATION OF FOREIGN ASSISTANCE AND RELATED FUNCTIONS
Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended by
Ex. Ord. No. 12226, July 22, 1980, 45 F.R. 49235;
Ex. Ord. No.12292, Feb. 23, 1981, 46 F.R. 13968;
Ex. Ord. No. 12321, Sept. 14,1981, 46 F.R. 46109;
Ex. Ord. No. 12365, May 24, 1982, 47 F.R. 22933;
Ex. Ord. No. 12423, May 26, 1983, 48 F.R. 24025;
Ex. Ord. No. 12458, Jan. 14, 1984, 49 F.R. 1977;
Ex. Ord. No. 12500, Jan. 24, 1985, 50 F.R. 3733;
Ex. Ord. No. 12560, May 24, 1986, 51 F.R.19159;
Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617;
Ex. Ord. No. 12620, Dec. 24, 1987, 52 F.R. 49135;
Ex. Ord. No. 12639, May 6, 1988, 53 F.R. 16691;
Ex. Ord. No. 12680, July 5, 1989, 54 F.R.28995;
Ex. Ord. No. 12695, Nov. 1, 1989, 54 F.R. 46589;
Ex. Ord. No. 12738, Sec. 1-6, Dec. 14, 1990, 55 F.R. 52033;
Ex. Ord. No.13030, Sec. 1, Dec. 12, 1996, 61 F.R. 66187, provided:
By virtue of the authority vested in me by the Foreign Assistance Act of 1961 (this chapter), Reorganization Plan No. 2 of 1979 (set out above), the International Development Cooperation Act of 1979 (see Short Title of 1979 Amendment note set out under section 2151of this title), and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:
1-1. UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
1-101. Establishment of the United States International Development Cooperation Agency. Sections 1, 5, 6, and 8 of Reorganization Plan No. 2 of 1979 (set out above) are declared effective and the United States International Development Cooperation Agency (hereinafter referred to as "IDCA") is hereby established.
1-102. Delegation of Functions. (a) Exclusive of the functions otherwise delegated, or reserved to the President, by this order, and subject to the provisions of this order, there are hereby delegated to the Director of IDCA (hereinafter referred to as the "Director") all functions conferred upon the President by:
(1) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) (hereinafter referred to as the "Act"), except that the delegated functions under sections 116(e), 491(b), 491(c), 607, 627, 628, 630(3), and 666 of the Act (22 U.S.C. 2151n(e), 2292(b), (c), 2357, 2387, 2388, 2390(3), 2426) shall be exercised in consultation with the Secretary of State;
(2) the Latin American Development Act (22 U.S.C. 1942 et seq.);
(3) section 402 of the Mutual Security Act of 1954 (22 U.S.C. 1922);
(4) section 413(b) of the International Security Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2431 (note)); and (sic)
(5) section 1205(b) of the International Security and Development Cooperation Act of 1985 (hereinafter referred to as the "ISDCA of 1985") (set out as a note under 22 U.S.C. 2346);
(6) section 535 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1231), to be exercised by the Administrator of the Agency for International Development within IDCA;
(7) the first proviso under the heading "Population Development Assistance" contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1200), to be exercised by the Administrator of the Agency for International Development within IDCA;
(8) section 572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461) (22 U.S.C. 2151v note), to be exercised by the Administrator of the Agency for International Development within IDCA, with the concurrence of the Development Coordination Committee, as established by section 640B of the Act (22 U.S.C. 2399c) and as provided for herein.(; and)
(9) section 514 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1219), insofar as they relate to the authority contained in section 109 of the Act (22 U.S.C. 2151g), to be exercised by the Administrator of the Agency for International Development within IDCA.
(b) The Director shall exercise the functions of the President under sections 301(a), 301(e)(1), and 305 of the Act (22 U.S.C. 2221(a), (e)(1) and 2225) only insofar as they pertain to the United Nations Development Program, UNICEF, the Organization of American States Technical Assistance Funds, the United Nations Capital Development Fund, the United Nations Educational and Training Program for Southern Africa, the United Nations/Food and Agriculture Organization World Food Program, the Food and Agriculture Organization Post-Harvest Losses Fund, the United Nations Disaster Relief Organization, and any other international programs whose purpose is primarily developmental.
(c) In carrying out the functions under section 653 of the Act (22 U.S.C. 2413) that are delegated to the Director, the Director shall consult with the Director of the Office of Management and Budget.
(d) To the extent practicable, the Director 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 he shall consult regularly with the Secretary of State.
(e) In exercising functions under the Act (this chapter) arising from later-enacted amendments to any law specified in subsection (a) of this section that relate directly to matters of foreign policy, the Director shall consult with the Secretary of State to determine whether such function should more appropriately be exercised by the Secretary or reserved to the President.
1-103. Agency for International Development.
(a) The Director shall continue within IDCA the Agency for International Development, heretofore established in the Department of State.
(b) The Agency for International Development shall be headed by an Administrator appointed pursuant to section 624(a) of the Act (22 U.S.C. 2384(a)).
(c) The officers provided for in section 624(a) of the Act (22 U.S.C. 2384(a)) shall serve in the Agency for International Development.
1-104. Office of Small Business. The Office of Small Business provided for in section 602(b) of the Act (22 U.S.C. 2352(b)) shall be in the Agency for International Development.
1-2. DEPARTMENT OF STATE
1-201. Delegation of Functions. (a) Subject to the provisions of this order, there are hereby delegated to the Secretary of State (hereafter in this Part referred to as the "Secretary") all functions conferred upon the President by:
(1) sections 239(g), 301(a), 301(c), 301(e)(1), 302(a)(1) as it relates to the Presidential certification concerning the United Nations Relief and Works Agency, 305, section 305 (sic) of the Act (22 U.S.C. 2199(g), 2221(a), (c), (e)(1), 2222(a)(1), and 2225);
(2) section 451 of the Act (22 U.S.C. 2261);
(3) section 495F of the Act (22 U.S.C. 2292l), insofar as they relate to policy decisions pertaining to refugee programs under such section;
(4) section 505(a) (22 U.S.C. 2314(a)) relating to other provisions which may be required by the President, and sections 505(d), (e), (f) and (g) of the Act (22 U.S.C. 2314(d), (e), (f), (g)).
(5) sections 505(a)(1) and (4) of the Act (22 U.S.C. 2314(a)(1), (4)) relating to consent;
(6) section 505(b) of the Act (22 U.S.C. 2314(b)) to the extent that it pertains to countries that agree to the conditions setforth therein;
(7) chapter 4 of Part II of the Act (22 U.S.C. 2346 et seq.), insofar as they relate to policy decisions and justifications for economic support programs under such chapter, including determinations of whether there will be an economic support program for a country and the amount of the program for each country, and all functions conferred by Section 534 of the Act (22 U.S.C. 2346c). Such functions shall be exercised in cooperation with the Director;
(8) chapter 6 of part II of the Act (22 U.S.C. 2348 et seq.);
(9) section 601(b)(3), (4), and (6) of the Act (22 U.S.C. 2351(b)(3), (4), and (6));
(10) section 604(a) of the Act (22 U.S.C. 2354(a)), insofar as they related to procurement under chapter 1 of part I and chapter 4 of part II of the Act (22 U.S.C. 2151 et seq., 2346 et seq.);
(11) section 614(b) of the Act (22 U.S.C. 2364(b)), except that the function of determining which provisions of law should be disregarded to achieve the purpose of the provision is reserved to the President;
(12) section 620(c), (e), (f), (g), (j), (q), and (s) of the Act (22 U.S.C. 2370(c), (e), (f), (g), (j), (q), and (s));
(13) section 620C(d) and (e), and sections 620G(b) and 620H(b) as added by the Antiterrorism and Effective Death Penalty Act of 1996, (Public Law 104-132) of the Act (22 U.S.C. 2373(d), (e), 2377(b), 2378(b)), as well as section 573 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1994 (Public Law 103-87) (107 Stat. 972), section 563 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103-306) (108 Stat. 1649), section 552 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1996 (Public Law 104-107) (110 Stat. 741), and similar provisions of law;
(14) section 625(d) of the Act (22 U.S.C. 2385(d)), insofar as it relates to personnel in the Department of State;
(15) (Revoked by Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968.)
(16) section 634B of the Act (22 U.S.C. 2394-1a), insofar as it relates to functions delegated to the Secretary under this order;
(17) section 617 and 653 of the Act (22 U.S.C. 2367, 2413), insofar as they relate to chapter 8 of part 1 (22 U.S.C. 2291 et seq.) and part II of the Act (22 U.S.C. 2301 et seq.);
(18) other provisions of the Act (this chapter) that relate directly and necessarily to the conduct of programs and activities vested in or delegated to the Secretary;
(19) section 8(d) of the Act of January 12, 1971 (22 U.S.C. 2321b (d)); and
(20) section 607 of the International Security Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2394a).
(21) Section 725 of the International Security and Development Cooperation Act of 1981 (probably means section 725(b), (c) of Pub. L. 97-113, formerly set out as a note under 22 U.S.C. 2370);
(22) Section 726 of the International Security and Development Cooperation Act of 1981 (probably means section 726(b) of Pub. L. 97-113, set out as a note under 22 U.S.C. 2370);
(23) Chapter 8 of Part II of the Act (22 U.S.C. 2349aa et seq.) except that such functions shall be exercised consistent with Section 573(d)(3) (22 U.S.C. 2349aa-2(d)(3)) thereof;
(24) Section 402(b)(2) of Title 10 of the United States Code, which shall be exercised in consultation with the Secretary of Defense;
(25) sections 207, 552(b) (former 49 U.S.C. 1515a(b)), 611, 612(a), 617(c), 702(c), 703(a), 705(b) and (c), 706, 722(j), 813(b) and 1008 of the ISDCA of 1985 (Pub. L. 99-83, Aug. 8, 1985, 99 Stat. 213, 226, 230, 231, 233, 238, 239, 241, 242, 255, 266, and 271);
(26) chapter 8 of part I of the Act (22 U.S.C. 2291 et seq.), except for section 481(h) (22 U.S.C. 2291(h)), which is reserved to the President;
(27) section 502B of the Act (22 U.S.C. 2304);
(28) sections 513, 538, 554, 559, 560, 561 (22 U.S.C. 2151 note), 562 (7 U.S.C. 3602 note), 564(a), 599C, and 599G(a)(3) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1219, 1232, 1237-1239, 1241, 1242, 1261, 1265);
(29) the second and third provisos under the subheading "Contribution to the International Development Association" under the heading "Annual Contributions to International Financial Institutions" contained in title I of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1197), and section 548 of such Act (Nov. 21, 1989, 103 Stat. 1235), each of which shall be exercised in consultation with the Secretary of the Treasury;
(30) the proviso relating to certain expropriation claims of U.S. citizens in El Salvador under the heading "Economic Support Fund" contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1207);
(31) the proviso relating to tied aid credits under the heading "Economic Support Fund" contained in title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1207), which shall be exercised in consultation with the Administrator of the Agency for International Development within IDCA;
(32) subsection (c)(2) under the heading "Foreign Military Sales Debt Reforms" contained in title III of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988 (Public Law 100-202) (22 U.S.C. 2764 note), which shall be exercised in consultation with the Secretary of Defense;
(33) sections 4101(b) (former 22 U.S.C. 2291 note), 4205(d), 4307(a), and 4309 of the Anti-Drug Abuse Act of 1988 (Public Law 100-690) (Nov. 18, 1988, 102 Stat. 4264, 4269, 4274, 4275). The Secretary of State in implementing the functions delegated to him under section 4205(d) shall consult with the Secretary ofDefense;
(34) section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1219), which shall be exercised in consultation with the President of the Export-Import Bank of the United States;
(35) section 581(a) and 581(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1250), which shall be exercised in consultation with the Secretary of Defense; and
(36) section 12 of the International Narcotics Control Act of 1989 (Public Law 101-231) (Dec. 13, 1989, 103 Stat. 1962).
(b) The functions under sections 239(g), 620(e), 620(g), 620(j), 620(q), and 620(s) of the Act (22 U.S.C. 2199(g), 2370(e), (g), (j), (q), and (s)) delegated to the Secretary shall be exercised in consultation with the Director.
(c) The functions under section 653 of the Act (22 U.S.C. 2413) delegated to the Secretary shall be exercised in consultation with the Secretary of Defense, insofar as they relate to functions under the Act (this chapter) administered by the Department of Defense, and the Director of the Office of Management and Budget.
(d) The Secretary may redelegate to the Director or to any other officer or agency of the Executive branch functions delegated to the Secretary by this order.
1-3. DEPARTMENT OF DEFENSE
1-301. Delegation of Functions. Subject to the provisions of this order, there are hereby delegated to the Secretary of Defense:
(a) The functions conferred upon the President by Part II (22 U.S.C. 2301 et seq.) (except chapters 4, 6 and 8 thereof) of the Act (22 U.S.C. 2346 et seq., 2348 et seq., 2349aa et seq.) not otherwise delegated or reserved to the President.
(b) To the extent that they relate to other functions under the Act (this chapter) administered by the Department of Defense, the functions conferred upon the President by sections 602(a), 605(a), 625(a), 625(d)(1), 625(h), 627, 628, 630(3), 631(a), 634(B), 635(b) (except with respect to negotiation, conclusion, and termination of international agreements), 635(d), 635(g), and 636(i) of the Act (22 U.S.C. 2352(a), 2355(a), 2385(a), (d)(1), (h), 2387, 2388, 2390(3), 2391(a), 2394-1a, 2395(b), (d), (g), and 2396(i)).
(c) Those functions under section 634A of the Act (22 U.S.C. 2394-1), to the extent they relate to notifications to the Congress concerning changes in programs under part II of the Act (22 U.S.C. 2301 et seq.) (except chapters 4, 6, and 8 thereof (22 U.S.C. 2346 et seq., 2348 et seq., 2349aa et seq.)) and under the Arms Export Control Act, as amended (22 U.S.C. 2751 et seq.), subject to prior consultation with the Secretary of State.
(d) The functions under sections 627, 628, and 630(3) of the Act (22 U.S.C. 2387, 2388, and 2390(3)) delegated to the Secretary of Defense shall be exercised in consultation with the Secretary of State.
(e) Those functions conferred upon the President under section 616 of the ISDCA of 1985 (Pub. L. 99-83, Aug. 8, 1985, 99 Stat. 232).
(f) The functions conferred upon the President under section 573 (22 U.S.C. 2321j note) and section 581(b)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) (Nov. 21, 1989, 103 Stat. 1246, 1250).
(g) The functions conferred upon the President under section 3 of the International Narcotics Control Act of 1989 (Public Law 101-231) (Dec. 13, 1989, 103 Stat. 1955), which shall be exercised in consultation with the Secretary of State. 1-302. Reports and Information. In carrying out the functions under section 514 of the Act (22 U.S.C. 2321h) delegated to him by section 301 of this order, the Secretary of Defense shall consult with the Secretary of State.
1-4. INSTITUTE FOR SCIENTIFIC AND TECHNOLOGICAL COOPERATION
1-401. Establishment of Institute for Scientific and Technological Cooperation. There is established within IDCA the Institute for Scientific and Technological Cooperation (hereinafter referred to as the Institute).
1-402. Establishment of the Council on International Scientific and Technological Cooperation. There is established the Council on International Scientific and Technological Cooperation pursuant to section 407(a) of the IDC Act of 1979 (22 U.S.C. 3507(a)).
1-403. There are hereby established two additional positions in the Institute pursuant to section 406(c) of the IDC Act of 1979 (22 U.S.C. 3506(c)). The officers appointed to these positions shall perform such duties and exercise such powers as the Director of the Institute may prescribe.
1-5. OTHER AGENCIES
1-501. Department of the Treasury. (a) There are delegated to the Secretary of the Treasury the functions conferred upon the President by:
(1) section 305 (22 U.S.C. 2225), insofar as it relates to the International Bank for Reconstruction and Development, the International Development Association, the International Finance Corporation, the Inter-American Development Bank, the Asian Development Bank, the African Development Fund, and the International Monetary Fund;
(2) the second sentence of section 612(a) of the Act (22 U.S.C. 2362(a)); and
(3) section 502 of the Mutual Security Act of 1954 (22 U.S.C. 1754).
(b) The Secretary of the Treasury shall continue to administer any open special foreign country accounts established pursuant to former section 514 of the Act as enacted by section 201(f) of Public Law 92-226 (86 Stat. 25) and repealed by Section 12(b)(5) of Public Law 93-189 (87 Stat. 722) (22 U.S.C. 2321g).
(c) The functions under section 305 of the Act (22 U.S.C. 2225) delegated to the Secretary of the Treasury shall be exercised in consultation with the Director, as provided in Executive Order No. 11269 of February 14, 1966, as amended (set out as a note under section 286b of this title).
1-502. Department of Commerce. There is hereby delegated to the Secretary of Commerce so much of the functions conferred upon the President by section 601(b)(1) of the Act (22 U.S.C. 2351(b)(1)) as consists of drawing the attention of private enterprise to opportunities for investment and development in less developed friendly countries and areas.
1-503. Office of Personnel Management. There is hereby delegated to the Director of the Office of Personnel Management the function of prescribing regulations conferred upon the President by the proviso contained in section 625(b) of the Act (22 U.S.C. 2385(b)).
1-504. International Communication Agency (now United States Information Agency). The International Communication Agency (now United States Information Agency) shall perform all public information functions abroad with respect to the foreign assistance, aid, and development programs of the United States Government.
1-505. Development Loan Committee. There is hereby established a Development Loan Committee in accordance with section 122(e) of the Act (22 U.S.C. 2151t(e)) which shall consist of the Director of IDCA, who shall be Chair, the Administrator of the Agency for International Development, the Chairman of the Board of Directors of the Export-Import Bank of the United States, the Assistant Secretary of State for Economic Affairs, the Assistant Secretary of the Treasury dealing with international finance, the Assistant Secretary of Commerce for Industry and Trade, and the officer of the Agency for International Development dealing with development financing.
1-506. Development Coordination Committee. (a) In accordance with section 640B of the Act (22 U.S.C. 2399c), there is hereby established a Development Coordination Committee (hereinafter referred to as the Committee). The Committee shall consist of the Director of IDCA, who shall be Chair; the Administrator of the Agency for International Development, the Director of the Institute for Scientific and Technological Cooperation; the Under Secretary of State for Economic Affairs; the Under Secretary of the Treasury for Monetary Affairs; the Under Secretary of Commerce; the Under Secretary of Agriculture; the Under (Deputy) Secretary of Labor; the Under Secretary of Energy; a Deputy Special Representative for Trade Negotiations; an Associate Director of the Office of Management and Budget; a representative of the Assistant to the President for National Security Affairs; the President of the Export-Import Bank of the United States; the Director of the Peace Corps; and the President of the Overseas Private Investment Corporation.
(b) Whenever matters within the jurisdiction of the Committee may be of interest to Federal agencies not represented on the Committee under subsection (a) of this section, the Chair of the Committee may consult with such agencies and may invite them to designate representatives to participate in meetings and deliberations of the Committee.
(c) The Chair of the Committee may establish subcommittees of the Committee and designate the chairs thereof.
(d) Subject to the foreign policy guidance of the Secretary of State, the Committee shall advise the President with respect to coordination of United States policy and programs affecting the development of developing countries, including programs of bilateral and multilateral development assistance.
(e) All agencies and officers of the Government shall keep the Committee informed in necessary detail as to the policies, programs and activities referred to in subsection (d) of this section.
(f) Nothing herein shall be deemed to derogate from the responsibilities of the Secretary of State or the Secretary of the Treasury, or from responsibilities vested elsewhere by law or other Executive orders.
1-6. ADDITIONAL DELEGATIONS AND LIMITATIONS OF AUTHORITY; CONSULTATION
1-601. General Delegation of Functions. There are hereby
delegated to the heads of agencies having responsibilities for
carrying out the provisions of the Act (this chapter) all functions
conferred upon the President by:
(a) section 654 (22 U.S.C. 2414) (except as reserved to the
President); and
(b) those provisions of acts appropriating funds under the
authority of the Act (this chapter) that relate to the Act, or
other acts authorizing such funds, insofar as they relate to the
functions delegated by this order.
1-602. Personnel. (a) In carrying out the functions conferred
upon the President by the provisions of section 625(d) of the Act
(22 U.S.C. 2385(d)), and by this order delegated to the Director of
IDCA, the Director shall authorize such of the agencies that
administer programs under the Act (this chapter) as he may deem
appropriate to perform any of the functions under section 625(d) of
the Act to the extent that the said functions relate to the
programs administered by the respective agencies.
(b) Persons appointed, employed, or assigned after May 19, 1959,
under section 527(c) of the Mutual Security Act of 1954 (former 22
U.S.C. 1787(c)) or section 625(d) of the Act (22 U.S.C. 2385(d))
for the purpose of performing functions under such Acts outside the
United States shall not, unless otherwise agreed by the agency in
which such benefits may be exercised, be entitled to the benefits
provided by section 310 of the Foreign Service Act of 1980 (22
U.S.C. 3950) in cases in which their service under the appointment,
employment, or assignment exceeds thirty months.
1-603. Special Missions and Staffs Abroad. The maintenance of
special missions or staffs abroad, the fixing of the ranks of the
chiefs thereof after the chiefs of the United States diplomatic
missions, and the authorization of the same compensation and
allowances authorized for a chief of mission as defined in section
102(a)(3) of the Foreign Service Act of 1980 (22 U.S.C.
3902(a)(3)), all under section 631 of the Act (22 U.S.C. 2391),
shall be subject to the approval of the Secretary of State.
1-604. International Agreements. The negotiation, conclusion, and
termination of international agreements pursuant to the Act (this
chapter), title IV of the IDC Act of 1979 (22 U.S.C. 3501 et seq.)
or section 402 of the Mutual Security Act of 1954 (22 U.S.C. 1922)
shall be subject to the requirements of 1 U.S.C. 112b and to
applicable regulations and procedures.
1-605. Interagency Consultation. Each officer to whom functions
are delegated by this order, shall, in carrying out such functions,
consult with the heads of other departments and agencies, including
the Director of the Office of Management and Budget, on matters
pertaining to the responsibilities of departments and agencies
other than his or her own.
1-7. RESERVED FUNCTIONS
1-701. Reservation of Functions to the President. There are
hereby excluded from the functions delegated by the foregoing
provisions of this order:
(a) The functions conferred upon the President by sections
122(e), 298(a), 504(b), 613(a), 614(a), 620(a), 620(d), 620(x),
620A, 620C(c), 621(a), 622(b), 622(c), 633(a), 633(b), 640B,
662(a), and 663(b) of the Act (22 U.S.C. 2151t(e), 2220c(a),
2312(b), 2363(a), 2364(a), 2370(a), (d), (x), 2371, 2373(c),
2381(a), 2382(b), (c), 2393(a), (b), 2399c, 2422(a), and 2423(b)).
(b) The functions conferred upon the President by sections 402,
405(a), 406 and 407 of the IDC Act of 1979 (22 U.S.C. 3502,
3505(a), 3506, 3507).
(c) The functions conferred upon the President by the Act (this
chapter) and section 408(b) of the Mutual Security Act of 1954 (22
U.S.C. 1928) with respect to the appointment of officers required
to be appointed by and with the advice and consent of the Senate
and with respect to the appointment of officers pursuant to
sections 233(b) and 624(c) of the Act (22 U.S.C. 2193(b), 2384(c)).
(d) The functions conferred upon the President with respect to
determinations, certifications, directives, or transfers of funds,
as the case may be, by sections 303, 465(b), 481(h), 505(d)(2)(A),
505(d)(3), 506(a), 552(c), 552(e), 610, 614(c), 620E, 632(b), 633A,
663(a), 669(b)(1), 670(a), 670(b)(2), and 670(b)(3) of the Act (22
U.S.C. 2223, 2275(b), 2291(h), 2314(d)(2)(A), (d)(3), 2318(a),
2348a(c), (e), 2360, 2364(c), 2375, 2392(b), 2393a, 2423(a),
2429(b)(1), and 2429a(a), (b)(2), and (b)(3)); those under section
604(a) of the Act (22 U.S.C. 2354(a)) except insofar as they relate
to procurement under chapter 1 of part I and chapter 4 of part II
(22 U.S.C. 2151 et seq., 2346 et seq.).
(e) The following-described functions conferred upon the
President:
(1) Those under section 503(a) (22 U.S.C. 2311(a)) that relate
to findings: Provided, that the Secretary of State, in the
implementation of the functions delegated to him under section
505(a)(1), (a)(4), and (e) of the Act (22 U.S.C. 2314(a)(1),
(a)(4), and (e)), is authorized to find, in the case of a
proposed transfer of a defense article or related training or a
related defense service by a foreign country or international
organization to a foreign country or international organization
not otherwise eligible under section 503(a) of the Act, whether
the proposed transfer will strengthen the security of the United
States and promote world peace.
(2) Those under section 505(b) (22 U.S.C. 2314(b)) in respect
of countries that do not agree to the conditions set forth
therein.
(3) That under section 614(b) (22 U.S.C. 2364(b)) with respect
to determining any provisions of law to be disregarded to achieve
the purpose of that section.
(4) That under the second sentence of section 654(c) (22 U.S.C.
2414(c)) with respect to the publication in the Federal Register
of any findings or determination reserved to the President:
Provided, that any officer to whom there is delegated the
function of making any finding or determination within the
purview of section 654(a) (22 U.S.C. 2414(a)) is also authorized
to reach the conclusion specified in performance of the function
delegated to him.
(f) That under section 523(d) of the Mutual Security Act of 1954
(22 U.S.C. 1783(d)).
(g) Those under sections 130, 131 (Pub. L. 99-83, Aug. 8, 1985,
99 Stat. 207), 504 and 505 (22 U.S.C. 2349aa-8, 2349aa-9) of the
ISDCA of 1985(.)
1-702. Subsequent Amendments. Functions conferred upon the
President by subsequent amendments to the Act (this chapter) are
delegated to the Director only insofar as they do not relate
directly and necessarily to the conduct of programs and activities
that either the President or an agency other than IDCA is
authorized to administer pursuant to express reservation or
delegation of authorities in a statute or in this or another
Executive order.
1-8. FUNDS
1-801. Allocation of Funds. Funds appropriated or otherwise made
available to the President for carrying out the Act (this chapter)
shall be deemed to be allocated without any further action of the
President, as follows:
(a) There are allocated to the Director (1) all funds made
available for carrying out the Act (this chapter) except those made
available for carrying out Part II of the Act (22 U.S.C. 2301 et
seq.) (other than chapter 4 thereof (22 U.S.C. 2346 et seq.)),
section 481 of the Act (22 U.S.C. 2291), and section 637(b) of the
Act (22 U.S.C. 2397(b)), and (2) all funds made available for
carrying out title IV of the IDC Act of 1979 (22 U.S.C. 3501 et
seq.).
(b) There are allocated to the Secretary of Defense funds made
available for carrying out Part II of the Act (22 U.S.C. 2301 et
seq.) (except chapters 4, 6 and 8 thereof) (22 U.S.C. 2346 et seq.,
2348 et seq., 2349aa et seq.)).
(c) There are allocated to the Secretary of State funds made
available for carrying out sections 481 and 637(b) (22 U.S.C. 2291,
2397(b)) and chapters 6 and 8 of Part II of the Act (22 U.S.C. 2348
et seq., 2349aa et seq.).
1-802. Reallocation of Funds. The Director of IDCA, the Secretary
of Defense, and the Secretary of State may allocate or transfer as
appropriate any funds received under subsections (a), (b), and (c),
respectively of section 1-801 of this order, to any agency or part
thereof for obligation or expenditure thereby consistent with
applicable law.
1-9. GENERAL PROVISIONS
1-901. Definition. As used in this order, the word "function"
includes any duty, obligation, power, authority, responsibility,
right, privilege, discretion, or activity.
1-902. References to Orders and Acts. Except as may for any
reason be inappropriate:
(a) References in this order or in any other Executive order to
(1) the Foreign Assistance Act of 1961 (this chapter) (including
references herein to "the Act"), (2) unrepealed provisions of the
Mutual Security Act of 1954 (act Aug. 26, 1954, ch. 937, 68 Stat.
832, as amended), or (3) any other act that relates to the subject
of this order shall be deemed to include references to any
subsequent amendments thereto.
(b) References in any prior Executive order to the Mutual
Security Act of 1954 (act Aug. 26, 1954, ch. 937, 68 Stat. 832, as
amended) or any provisions thereof shall be deemed to be references
to the Act (this chapter) or the corresponding provision, if any,
thereof.
(c) References in this order to provisions of any Act, and
references in any other Executive order or in any memorandum
delegation to provisions of any Act related to the subject of this
order shall be deemed to include references to any
hereafter-enacted provision of law that is the same or
substantially the same as such provisions, respectively.
(d) References in this order or in any other Executive order to
this order or to any provision thereof shall be deemed to include
references thereto, respectively, as amended from time to time.
(e) References in any prior Executive order not superseded by
this order to any provisions of any Executive order so superseded
shall hereafter be deemed to be references to the corresponding
provisions, if any, of this order.
1-903. Prior Executive Orders. (a) The following are revoked:
(1) Executive Order No. 10973 (22 U.S.C. 2381 note) of November
3, 1961, as amended;
(2) section 2(a) of Executive Order No. 11579 (22 U.S.C. 2191
note), of January 19, 1971; and
(3) Executive Order No. 10893 (22 U.S.C. 2382 note) of November
8, 1960.
(b) The following are amended:
(1) section 3(a) of Executive Order No. 11846 of March 27,
1975, as amended (19 U.S.C. 2111 note), by adding the following
new paragraph (12) after paragraph (11):
"(12) The Director of the United States International
Development Cooperation Agency";
(2) section 1-202 of Executive Order 12065 of June 28, 1978 (50
U.S.C. 435 note), by striking out "The Administrator, Agency for
International Development" and inserting in lieu thereof "The
Director of the United States International Development
Cooperation Agency";
(3) section 2(a) of Executive Order No. 11958 of January 18,
1977 (22 U.S.C. 2751 note), by striking out "the Administrator
of the Agency for International Development" and inserting in
lieu thereof "the Director of the United States International
Development Cooperation Agency";
(4) section 3 of Executive Order 10900 of January 5, 1961 (7
U.S.C. 1691 note), by adding thereto the following new
subsection:
"(d) The Secretary of State may redelegate to the Director of
the United States International Development Cooperation Agency,
or to any other officer or agency of the Executive branch,
functions delegated to such Secretary by this order.";
(5) section 4 of Executive Order 11223 of May 12, 1965 (22
U.S.C. 2393 note), by inserting immediately following "the
Secretary of State" the words "or the Director of the United
States International Development Cooperation Agency (with respect
to functions vested in or delegated to the Director)"; and
(6) the President's memorandum of October 18, 1961, entitled
"Determination Under Section 604(a) of the Foreign Assistance
Act of 1961" (26 FR 10543) is amended by inserting after "the
Secretary of State" each time it appears in such memorandum the
words "or the Director of the United States International
Development Cooperation Agency (with respect to non-military
programs administered by such Agency)".
(c) Any reference in any other Executive order to the Agency for
International Development or the Administrator thereof shall be
deemed to refer also to the International Development Cooperation
Agency or the Director thereof, respectively.
(d) As authorized by section 403(c) of the IDC Act of 1979 (22
U.S.C. 3503(c)), the reference in Executive Order No. 11223 of May
12, 1965 (22 U.S.C. 2393 note) to "the performance of functions
authorized by this Act" shall be deemed to include the performance
of functions authorized by section 403 of the IDC Act of 1979 (22
U.S.C. 3503).
1-904. Saving Provisions. Except to the extent inconsistent with
this order, all delegations of authority, determinations,
authorizations, regulations, rulings, certificates, orders,
directives, contracts, agreements, and other actions made, issued,
or entered into with respect to any function affected by this order
and not revoked, superseded, or otherwise made inapplicable before
the date of this order, shall continue in full force and effect
until amended, modified, or terminated by appropriate authority.
1-905. Effective Date. The provisions of this order shall become
effective as of October 1, 1979.
(Ex. Ord. No. 12884, Sec. 6(c), Dec. 1, 1993, 58 F.R. 64100, set
out as a note under section 5812 of this title, excluded certain
functions of President delegated under section 1-102(a) of Ex. Ord.
(Memorandum of President of the United States, Feb. 16, 1995, 60
F.R. 10793, set out as a note under section 2357 of this title,
delegated certain authority of President to Secretary of State in
lieu of delegation of comparable authority by section 1-102(a)(7)
of Ex. Ord. No. 12163, set out above.)
-SECREF-
SECTION REFERRED TO IN OTHER SECTIONS
This section is referred to in section 2384 of this title.
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Congress says they are balancing the budget.
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We demand the whole truth with an honest viewpoint.
Don't send money. Call Jo(e) Congress and send letters.
Forest Glen Durland, CEO. 14675 1/2 Big Basin Way, Saratoga, CA 95070-6081
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