[Executive Orders]
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, 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 2151
of 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 set
forth 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) of the Act (22 U.S.C. 2373(d),
(e));
(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 of
Defense;
(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.
No. 12163, set out above.)
(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.)