4. Executive Orders and Delegations of Authority Relating to Foreign Assistance

a. Executive Order 10973, as amended

Executive Order 10973, November 3, 1961, 26 F.R. 10469, 3 CFR, 1959-63 Comp., p. 493, as amended by Executive Order 11261, December 11, 1965, 30 F.R. 15397, 3 CFR, 1965 Supp., p. 194; Executive Order 11417, July 26, 1968, 33 F.R. 10625, 3 CFR, 1960-70 Comp., p. 736; Executive Order 11432, October 24, 1968, 33 F.R. 15701, 3 CFR 1966-70 Comp. p. 751; Executive Order 11685, September 27, 1972, 37 F.R. 20155; Executive Order 11841, February 28, 1975, 40 F.R. 8933; and Executive Order 11959, January 18, 1977, 42 F.R. 4315.

ADMINISTRATION OF FOREIGN ASSISTANCE AND RELATED FUNCTIONS

By virtue of the authority vested in me by the Foreign Assistance Act of 1961 (75 Stat. 424) and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

PART I. DEPARTMENT OF STATE

SEC. 101. DELEGATION OF FUNCTIONS. Exclusive of the functions otherwise delegated, or reserved to the President, by the provisions of this order, and 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) the Act (as defined in Part VI hereof), (2) the Act to provide for assistance in the development of Latin America and in the reconstruction of Chile, and for other purposes1 (74 Stat. 869; 22 U.S.C. 1942 et seq.), (3) the Mutual Defense Assistance Control Act of 1951 2 (65 Stat. 644; 22 U.S.C. 1611 et seq.), (4) the unrepealed provisions of the Mutual Security Act of 1954 (68 Stat. 832; 22 U.S.C. 1750 et seq.), (5) section 8 (d) of the Act of January 12, 1971 (P.L. 91-672; 84 Stat. 2055), (6) sections 413 (b) and 607 of the International Security Assistance and Arms Export Control Act of 1976 (90 Stat. 761, 768; 22 U.S.C. 2431, note 2394a), and (7) those provisions of acts appropriating funds under the authority of the Act which relate to the Act.

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SEC. 102. AGENCY FOR INTERNATIONAL DEVELOPMENT. (a) The Secretary shall establish an agency in the Department of State to be known. as the Agency for International Development (hereafter in this Part referred to as the Agency).

1 For text, see page 203.

2 For text, see page 212.

3 For text, see page 207.

Paragraph 1 of Executive Order 11685 redesignated clause (5) as clause (6). and added a new clause (5).

Sec. 1 of Executive Order 11959 redesignated clause (6) as clause (7), and added a new clause (6).

(b) The Agency shall be headed by an Administrator who shall be appointed pursuant to section 624 (a) of the Act.

(c) The officers provided for in section 624 (a) of the Act shall also serve in the Agency.

SEC. 103. [Revoked-1972].' CONTINUATION OF PRIOR AGENCIES.SEC. 104. 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 as the chief of mission, class 3 and class 4, within the meaning of the Foreign Service Act of 1946 (60 Stat. 999; 22 U.S.C. 801 et seq.), all under section 631 of the Act, shall be subject to the approval of the Secretary.

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SEC. 105. ALLOCATION OF FOREIGN ASSISTANCE. In carrying out the functions conferred upon the President by Section 653 of the Act, the Secretary of State shall consult with the Director of the Office of Management and Budget.

SEC. 106. OFFICE OF SMALL BUSINESS. The Office of Small Business provided for in section 602(b) of the Act shall be in the Department of State.

PART II. DEPARTMENT OF DEFENSE

SEC. 201. 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 (except chapter 4 thereof) 10 of the Act not otherwise delegated or reserved to the President.

(b) To the extent that they relate to other functions under the Act administered by the Department of Defense, the functions conferred upon the President by sections 602 (a), 605 (a), 625(a), 625(h), 627, 628, 631 (a), 634 (b), 635 (b), and 635 (d) of the Act.

(c) [Revoked-1977].11

(d) The functions conferred upon the President by the fourth and fifth provisos of section 108 of the Mutual Security Appropriation Act, 1956 (69 Stat. 438).

Subsections (b) and (c), which were amended by para. 2 of Executive Order 11685, formerly read as follows:

"(b) The Agency shall be headed by an Administrator who shall be the officer provided for in section 624 (a) (1) of the Act. Nothing in this order shall be construed as affecting the tenure of the said Administrator now in office

"(c) The officers provided for in sections 624 (a) (2) and 624 (a)(3) of the Act shall serve in the Agency.'

Para. 3 of Executive Order 11685 revoked section 103, which read as follows: "The corporate Development Loan Fund, the International Cooperation Administration, and the Office of the Inspector General and Comptroller shall continue in existence until the end of November 3, 1961. The personnel, offices, entities, property, records, and funds of such agencies and office may be utilized by the Secretary prior to abolition of such agencies and office."

8 For text, see page 525.

Sec. 2 of Executive Order 11959 revoked Sec. 105 and substituted the present language in lieu thereof. Sec. 105 formerly read as follows:

"SEC. 105. MUNITIONS CONTROL. In carrying out the functions conferred upon the Pres!dent by section 414 of the Mutual Security Act of 1954, the Secretary shall consult with appropriate agencies. Designations, including changes in designations, by the Secretary of articles which shall be considered as arms, ammunition, and implements of war, including technical data relating thereto, under that section shall have the concurrence of the Secretary of Defense."

10 The words "(except chapter 4 thereof)" were added by para. 4 of Executive Order 11685.

11 Sec. 3 of Executive Order 11959 revoked Subsection (c) which formerly read as follows: "(c) The function conferred upon the President by Section 644(1) of the Act."

SEC. 202.12 REPORTS AND INFORMATION. In carrying out the functions under sections 514(e) and 634 (b) of the Act delegated to him by section 201 of this order, the Secretary of Defense shall consult with the Secretary of State.

SEC. 203.13 EXCLUSIONS FROM DELEGATION TO SECRETARY OF DEFENSE. The following described functions conferred upon the President by the Act are excluded from the functions delegated by the provisions of section 201 (a) of this order:

(a) Those under section 502 (B) (a) (3) of the Act, except to the extent they relate to functions under the Act administered by the Department of Defense.

(b) Those under sections 504 (a), 505 (a) relating to other provisions required by the President, and 505 (d), (e), and (g) of the Act.

(c) Those relating to consent under sections 505(a) (1) and (4) of the Act.

(d) Those under sections 505(b) (1), (2), and (3) of the Act to the extent that they pertain to countries which agree to the conditions set forth therein.

(e) Those of negotiating, concluding and terminating international agreements.

PART III. OTHER AGENCIES

SEC. 301.14 DEPARTMENT OF THE TREASURY. There are delegated to the Secretary of the Treasury the functions conferred upon the President by the third sentence of section 102(d) as it relates to international development organizations in which the United States is represented by the Secretary of the Treasury, section 301 (e) (3) as it relates to organizations referred to in section 301 (e) (2), the second sentence of section 612(a), section 634(f), and section 634(g) of the Act. 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).

12 Sec. 4 of Executive Order 11959 amended Sec. 202 which formerly read as follows: "SEC. 202. REPORTS AND INFORMATION. In carrying out the functions under section 634 (b) of the Act delegated to him by the provisions of section 201 (b) of this order, the Secretary of Defense shall consult with the Secretary of state."

13 Sec. 5 of Executive Order 11959 amendea Sec. 203 which formerly read as follows: "SEC. 203. EXCLUSIONS FROM DELEGATION TO SECRETARY OF DEFENSE. The followingdescribed functions conferred upon the President by the Act are excluded from the functions delegated by the provisions of section 201 (a) of this order:

(a) Those under section 505 (a) (introductory clause) of the Act.

(b) Those under sections 505(b) (1), (2), and (3) of the Act to the extent that they pertain to countries which agree to he conditions set forth therein.

"(c) [Revoked-1972].

"(d) [Revoked-1972).

"(e) Those of negotiating, concluding, and terminating international agreements. "(f) Those under section 514 of the Act."

14 Sec. 6 of Executive Order 11959 amended Sec. 301 which formerly read as follows: "SEC. 301. DEPARTMENT OF THE TREASURY. There are hereby delegated to the Secretary of the Treasury:

"(a) The functions conferred upon the President by subsections (a) (2) and (b) of section 514 of the Act, by the second sentence of section 612(a) of the Act, and by subsections (f) and (g) of sec. 634 of the Act.

(b) So much of the functions conferred upon the President by Section 414 of the Mutual Security Act of 1954, as amended, as relate to control of the import of arms, ammunition and implements of war, including data relating thereto. In carrying out such functions the Secretary of the Treasury shall consult with appropriate agencies and on matters affecting world peace, the external security and foreign policy of the United States he shall be guided by the views of the Secretary of State. Designations, including changes in designations, of articles subject to import control under Section 414 shall have the concurrence of the Secretary of State and the Secretary of Defense.

"(c) In carrying out the functions under section 514 of the Act delegated to him by this order, the Secretary of the Treasury shail consult with the Secretary of State."

SEC. 302. 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 as consists of drawing the attention of private enterprise to opportunities for investment and development in less developed friendly countries and areas.

SEC. 303. CIVIL SERVICE COMMISSION. There is hereby delegated to the Chairman of the Civil Service Commission the function of prescribing regulations conferred upon the President by the proviso contained in section 625 (b) of the Act.

SEC. 304. UNITED STATES INFORMATION AGENCY. 15 (a) The 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.

(b) There are hereby delegated to the Director of the United States Information Agency the functions conferred upon the President by sections 221 and 222 of the Act to the extent that those functions relate to informational media guaranties authorized by section 1011 of the United States Information and Educational Exchange Act of 1948 (68 Stat. 862), as amended.10

SEC. 305. DEVELOPMENT LOAN COMMITTEE. There is hereby established a Development Loan Committee in accordance with section 204 of the Act. The Committee shall consist of the Administrator of the Agency for International Development, who shall be chairman, the Chairman of the Board of Directors of the Export-Import Bank of Washington, the Assistant Secretary of State for Economic Affairs, the Assistant Secretary of the Treasury dealing with international finance, the Assistant Secretary of Commerce for Domestic and International Business," and the officer of the Agency for International Development dealing with development financing.

SEC. 306.18 DEVELOPMENT COORDINATION COMMITTEE. (a) In accordance with section 640B of the act, there is hereby established a Development Coordination Committee (hereinafter referred to as the Committee). The Committee shall consist of the Administrator of the Agency for International Development, who shall be Chairman; 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 Secretary of Labor; the Special Representative for Trade Negotiations; an Associate Director of the Office of Management and Budget; the Executive Director of the Council on International Economic Policy; a representative of the Assistant to the President for national affairs; the President of the Export-Import Bank of the United States; 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 paragraph (a) of this section, the Chairman of the Committee

15 Executive Order 11261 amended section 304 by submitting this language. Section 304 formerly read as follows: "The 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."

16 For text, see page 717.

"

17 The words "the Assistant Secretary of Commerce for Domestic and International Busiwere added by Executive Order 11417. 33 F.R. 10625, July 26, 1968. 19 Sec. 306 was added Executive Order No. 11841, February 26, 1975.

ness,

may consult with such agencies and may invite them to designate representatives to participate in meetings and deliberations of the Committee.

(c) Under the foreign policy guidance of the Secretary of State, the Committee shall advise the President with respect to coordination of United States policies and programs affecting the development of the developing countries, including programs of bilateral and multilateral development assistance.

(d) 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 paragraph (c) of this Section.

(c) Nothing herein shall be deemed to derogate from the responsibilities of the Secretary of State, the Secretary of the Treasury, or from responsibilities vested elsewhere by law or other Executive orders.

PART IV. RESERVED FUNCTIONS

SEC. 401. 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 504(b), 505 (c),19 613 (a), 614(a), 620 (a), 620 (d), 620 (x), 620A,19 621 (a), 622 (b), 622 (c), 633 (a), 633 (b), C62 (a), and 663 (b) 20 of the Act.

(b) The functions conferred upon the Presdent by the Act and section 408 (b) by the Mutual Security Act of 1954 21 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 section 624 (c) of the Act and the function so conferred by section 204 of the Act of assigning officers to the Development Loan Committee.

(c) The functions conferred upon the President with respect to determinations, certifications, directives, or transfers of funds, as the case may be, by sections 202 (b), 205, 303, 481 (a), 504 (a) (6),22 505(b) (4), 505 (d) (2) (A), 505 (d) (3),22 506 (a), 604 (a), 610, 614 (c), 624 (d) (7), 632(b), 634 (c), 663 (a) and 669 (b) (1) 22 of the Act.2

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(d) The following-described functions conferred upon the President:

(1) Those under section 503 (a) which 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, 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

19 Sec. 7(a) of Executive Order 11959 added “505(c)” and “620(x), 620A”.

20 Sec. 7(a) of Executive Order 11959 struck out "and 633(b)" and substituted in lieu thereof "633(b), 662(a), and 663(b)".

21 For text, see page 208.

Sec. 7(b) of Executive Order 11959 struck out "481," and substituted in lieu thereof "481(a), 504 (a) (6)". Sec. 7(b) also added “505(d) (2) (A), 505(d) (3)" and "663(a) and 669 (b) (1)".

Except for the amendments noted in footnote 22, Para. 7(b) of Executive order 11685 inserted the language to this point beginning with "202(b)", in lieu of "202(b), 205, 303, 506(b)(4), 510(a), 604(a), 610, 614(c), 624 (e) (7), 632(b), 634(c), and 643 (d) of the Act."

Sec. 7(c) of Executive Order 11959 amended Subsection (d) (1) which formerly read as follows: (1) Those under section 503 with respect to findings."