(e) That Congress believes the principles that inspired the initiation of the Marshall plan should continue to be cherished by our people. (f) That the month of June 1987, is designated as "George C. Marshall Month", and the President is authorized and requested to issue a proclamation calling upon the people of the United States to observe such month with appropriate programs, ceremonies, and activities. 4. Executive Orders, Delegations of Authority and Reorganization Plans Relating to Foreign Assistance and Arms Exports a. Administration of Foreign Assistance and Related Functions Executive Order 12163, September 29, 1979, 44 F.R. 56673, as amended by Executive Order 12226, July 22, 1980, 45 F.R. 49235; Executive Order 12321, September 14, 1981, 46 F.R. 46109; Executive Order 12365, May 24, 1982, 47 F.R. 22933; Executive Order 12423, May 26, 1983, 48 F.R. 24025; Executive Order 12458, January 14, 1984, 49 F.R. 1977; Executive Order 12500, January 24, 1985, 50 F.R. 3733; by Executive Order 12560, May 24, 1986, F.R. 19159; by Executive Order 12608, September 9, 1987, 52 F.R. 34617; and by Executive Order 12620, December 24, 1987, 52 F.R. 49135. By virtue of the authority vested in me by the Foreign Assistance Act of 1961, Reorganization Plan No. 2 of 1979, the International Development Cooperation Act of 1979, 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 are declared effective and the United States International Development Cooperation Agency (hereinafter referred to as "IDCA") is hereby established.1 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"); (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); and (5) title IV of the International Development Cooperation Act of 1979 (22 U.S.C. 3501 et seq.) (hereinafter referred to as the "IDC Act of 1979"). 1 Executive Order 12147 of July 19, 1979 (44 F.R. 42957) declared that secs. 2, 3, and 4 of Reorganization Plan No. 2 of 1979, providing for the offices of Director, Deputy Director and Associate Directors, were immediately effective. For text of the plan, see page 702. (6) 2 section 903(b) of the International Security and Development Cooperation Act of 1985 (hereinafter referred to as "ISDCA of 1985"); (7) section 709 of the ISDCA of 1985, which authority shall be exercised in consultation with the Secretary of State and the Secretary of Defense; (8) sections 1205(b) and 1210 of the ISDCA of 1985; (9) section 541 of the Foreign Assistance and Related Programs Appropriations Act, 1986 (as enacted in Public Law 99190), to be exercised by the Administrator of the Agency for International Development within IDCA; and (10) the first proviso under the heading "Population, Development Assistance" contained in Title II of the Foreign Assistance and Related Programs Appropriations Act, 1986 (as enacted in Public Law 99-190), to be exercised by the Administrator for the Agency for International Development within IDCA. (b) The functions under sections 116(e), 491(b), 491(c), 607, 627, 628, 630(3), and 666 of the Act, and section 403(e) of the IDC Act of 1979, delegated to the Director shall be exercised in consultation with the Secretary of State. (c) The functions under section 125(b) of the Act delegated to the Director shall be exercised in consultation with the Secretary of the Treasury and, with regard to the United Nations Development Program, in consultation with the Secretary of State. (d) The Director shall exercise the functions of the President under sections 301(a), 301(e)(1),3 and 305 of the Act 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 PostHarvest Losses Fund, the United Nations Disaster Relief Organization, and any other international programs whose purpose is primarily developmental. (e) In carrying out the functions under section 653 of the Act that are delegated to the Director, the Director shall consult with the Director of the Office of Management and Budget. (f) 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. (g) In exercising functions under the Act 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 2 Sec. 1 of E.O. 12560, May 24, 1986, 51 F.R. 19159, deleted par. (6) (which concerned sec. 533 of the Foreign Assistance and Related Programs Appropriations Act, 1985) and added new pars. (6), (7), (8), (9), and (10). 3 A reference to sec. 301(e)(3), which previously appeared at this point, was struck out by sec. 1(c) of E.O. 12365, May 24, 1982, 47 F.R. 22933. 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. (c) The officers provided for in section 624(a) of the Act 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 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, section 305, of the Act; 4 (2) section 495F of the Act, insofar as they relate to policy decisions pertaining to refugee programs under such section; (3) 5 section 505(a) relating to other provisions which may be required by the President, and sections 505 (d), (e), (f), and (g) of the Act; (4) section 505(a) (1) and (4) of the Act relating to consent; (5) section 505(b) of the Act to the extent that it pertains to countries that agree to the conditions set forth therein; (6) chapter 4 of Part II of the Act, 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. Such functions shall be exercised in cooperation with the Director; (7)7 chapter 6 of part II of the Act; (8) section 601(b) (3), (4), and (6) of the Act; (9) section 614(b) of the Act, 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; * References to secs. 301(b), 301(e)(3), and 302(a)(3), which previously appeared in this paragraph, were struck out by sec. 1(d) of E.O. 12365, May 24, 1982, 47 F.R. 22933. References to secs. 481 and 502B, which previously appeared in this paragraph were struck out be sec. 3 of EO. 12560, May 24, 1986, 51 F.R. 19159, which substituted the words "section 305" in lieu thereof, and added new pars. (26), (27), and (28). Pars. (26), (27), and (28) were subsequently renumbered as (24), (25), and (26) by sec. 30 of E.O. 12608, Sept. 9, 1987, 52 F.R. 34617. 5 Sec. 4 of E.O. 12560, May 24, 1986, 51 F.R. 19159, restated par. (3) and struck out the reference to sec. 504(a) and added the reference to sec. 505(f). 6 The words "and all functions conferred by Section 534 of the Act" were added by Executive Order 12620, December 24, 1987, 52 F.R. 49135. 7 Sec. 2 of E.O. 12560, May 24, 1986, 51 F.R. 19159, deleted pars. (7), (22), (23), (25), (26), and (27), renumbered the remaining paragraphs accordingly, and added new paragraphs (23), (24), and (25). Pars. (23) and (24) were subsequently revoked by sec. 30 of E.O. 12608, Sept. 9, 1987, 52 F.R. 34617 which renumbered pars. (25) and (26) as Pars. (23) and (24) respectively. (10) section 620 (c), (e), (f), (g), (j), (q), and (s) of the Act; 8 (11) section 620C(d) of the Act; (12) section 625(d) of the Act, insofar as it relates to personnel in the Department of State; (13) section 625(k)(1) of the Act; (14) section 634B of the Act, insofar as it relates to functions delegated to the Secretary under this order; (15) sections 617 and 653 of the Act, insofar as they relate to chapter 8 of part I and part II of the Act; (16) other provisions of the Act that relate directly and necessarily to the conduct of programs and activities vested in or delegated to the Secretary; (17) 10 section 8(d) of the Act of January 12, 1971 (22 U.S.C. 2321b(d)); and (18) 10 section 607 of the International Security Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2394a). (19) 11 section 725 of the International Security and Development Cooperation Act of 1981; (20) 11 section 726 of the International Security and Development Cooperation Act of 1981; (21) 12 Chapter 8 of Part II of the Act, except that such functions shall be exercised consistent with Section 573(d)(3) thereof; (22) 13 Sec. 1540 of the Department of Defense Authorization Act, 1985, (Public Law 98-525), as amended by section 306 of the Department of Defense Authorization Act, 1986 (Public Law 99-145),14 which shall be exercised in consultation with the Secretary of Defense. 7 (23) sections 207, 552(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; (24) chapter 8 of part I of the Act, except for section 481(h), which is reserved to the President; 4 (25) 4 section 502B of the Act; and 4 (26) sections 527, 528, 537, 543 and 547 of the Foreign Assistance and Related Programs Appropriations Act, 1986 (as enacted in Public Law 99-190). (b) The functions under sections 239(g), 620(e), 620(g),15 620(j), 620(q), 620(s), and 625(k)(1) of the Act delegated to the Secretary shall be exercised in consultation with the Director. (c) The functions under section 653 of the Act delegated to the Secretary shall be exercised in consultation with the Secretary of Defense, insofar as they relate to functions under the Act adminis 8 References to sec. 620 (b) and (i), which previously appeared in this paragraph, were struck out by sec. 1(e) of E.O. 12365, May 24, 1982, 47 F.R. 22933. Sec. 6 of E.O. 12560, May 24, 1986, 51 F.R. 19160, deleted the words "other than chapter 4 thereof". 10 Sec. (f) of E.O. 12365, May 24, 1982, 47 F.R. 22933, deleted original pars. (17) and (19) (which concerned sec. 657 and 668 of the Foreign Assistance Act of 1961 and the Mutual Defense Assistance Control Act of 1951, respectively) and renumbered the remaining paragraphs accordingly. 11 Pars. (19), and (20), previously numbered (20), and (21) were added by sec. 1(a) of E.O. 12365, May 24, 1982, 47 F.R. 22933. 12 Par. (21) was added by sec. 1 of E.O. 12458, Jan. 14, 1984, 49 F.R. 1977. 13 Sec. 1, of E.O. 12500, Jan. 24, 1985, 50 F.R. 3733, added par. 22. 14 The words to this point, beginning with "as amended by section 306 . . ." were added by sec. 5 of E.O. 12560, May 24, 1986, 51 F.R. 19160. 15 A reference to sec. 620(i), which previously appeared at this point, was struck out by sec. 1(g) of E.O. 12365, May 24, 1982, 47 F.R. 22933. |