Those functions conferred upon the President by sections 301(a), 301(b), 301(c), 301(e)(1), 301(e)(3), 302(a)(1) as it relates to the Presidential certifications concerning the United Nations Relief and Works Agency 302(a)(3), and 305 of the act.

(e) To the Assistant Secretaries:

Principal responsibility consistent with section I-604 of the order for concurrence of the Department of State, with the approval of the legal adviser and in accordance with the Circular 175 Procedure, in the negotiation, conclusion and termination of international agreements relevant to their respective areas of responsibility by IDCA and its component agencies pursuant to international agreement authorities conferred upon IDCA and its component agencies by statute, reorganization plan, Executive Order, or delegation of authority.

(f) To the legal adviser:

(1) Those functions conferred upon the President by sections. 601(b)(3), 601(b)(4), and 620(e)(2) of the act.

(2) Responsibility for insuring compliance with the Case Act (1 U.S.C. 112b) and applicable regulations and procedures, including the Circular 175 Procedure, with respect to international agree

ments.

(g) To the Assistant Secretary for International Narcotics Mat

ters:

(1) Those functions conferred upon the President by section 481 of the act, together with all those authorities contained in the act, to the extent necessary or appropriate to accomplish the purpose of section 481 of the act: Provided, That Department of State procurement for the International Narcotics Control Program shall be carried out in accordance with Department of State Procurement Regulations (41 CFR Chapter 6).

(2) Those functions conferred upon the Secretary of state by the determination of the President pursuant to section 604(a) of the act, dated October 18, 1961 (26 F.R. 10543), and by section 4 of the Executive Order 11223 of May 12, 1965 (30 F.R. 6635).

(3) The functions of negotiating, concluding and terminating international agreements relating to international narcotics control programs subject to the concurrences required by the Circular 175 Procedure.

(h) To the Coordinator for Refugee Affairs:

Those functions conferred upon the President by section 495F and by Chapter 4 of part II of the act insofar as they relate to refugees, together with all those authorities contained in the act, to the extent necessary or appropriate to accomplish such purposes of section 495F and of chapter 4 of part II.

(i)9 To the Director of the Office for Combatting Terrorism:

Those functions conferred upon the President by Chapter 8 of Part II of the act, together with all those authorities contained in the act, to the extent necessary or appropriate to accomplish the purposes of Chapter 8 of Part II of the act, except that such functions shall be exercised consistent with Section 573(d)(3) thereof.

"The amendments of February 4, 1984 (49 F.R. 7018) added subsec. (i). Such amendments further stated that "Actions within the scope of this delegation heretofore taken by the official designated in such delegation are hereby ratified and confirmed."

(j) 10 To the Assistant Secretary for Inter-American Affairs: Those functions conferred upon the President by section 534(b)(3) of the Act, to be exercised in cooperation with the Administrator of the Agency for International Development within the International Development Cooperation Agency, together with authorities under other provisions in chapter 4 of part II or part III of the Act which may be necessary to implement such functions.

Section 2. Functions Delegated to Other Agencies

(a) 11 The functions conferred on the President by section 620(s) of the Act are hereby delegated to the Director of the United States International Development Cooperation Agency, 12 who shall exercise such functions in consultation with the Under Secretary of State for Security Assistance, Science and Technology. The functions conferred on the President by section 534 of the Act, with the exception of those contained in subsection (b)(3), are hereby delegated to the Administrator of the Agency for International Development within the United States International Development Cooperation Agency, who shall exercise such functions in cooperation with the Assistant Secretary of State for Inter-American Affairs.13

(b) 11 The functions conferred upon the President and upon the Secretary of State by section 1540 of the Department of Defense Authorization Act, 1985, (Pub. L. 98-525), not otherwise delegated herein, are hereby delegated to the Administrator of the Agency for International Development, who shall exercise such function in consultation with the Secretary of Defense and with the Under Secretary of State for Security Assistance, Science and Technology. Section 3.14 Functions Reserved to the Secretary of State

There are hereby reserved to the Secretary of State:

(a) The functions conferred on the President by sections 239(g), 502B(a)(2), 505(b), 533(b), 614(b), 620(b), 620(c), 620(e)(1), 620(f), 620(g), 620(i), and 620(q) of the act.

(b) The functions of determining which are friendly nations within the meaning of section 107 of the Agricultural Trade Development and Assistance Act of 1954 for the purpose of negotiating and concluding agreements pursuant to the authority contained in section 3(a) of Executive Order 10900 of January 5, 1961.

Section 4.14 General Provisions

(a) As used in this delegation of authority, the word "function" includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.

(b) Any reference in this delegation of authority to any act, order, determination, delegation of authority, regulation, or procedure shall be deemed to be a reference to such act, order, determination,

10 Subsec. (j) was added by State Department Delegation of Authority 145-5, January 22, 1988 (53 F.R. 5072).

11 Department of State Delegation of Authority No. 145-4, February 19, 1986 (51 F.R. 5942), added subsec. designation “(a)", and added new subsec. (b).

12 Pursuant to IDCA Delegation of Authority No. 7 of July 29, 1980 (45 F.R. 52470) this function was redelegated to the Administer of AID.

13 This last sentence was added by State Department Delegation of Authority 145-5, January 22, 1988 (53 F.R. 5072).

14 The amendments of July 15, 1980 (45 F.R. 51974) redesignated existing secs. 2 and 3 as secs. 3 and 4, respectively, and added a new sec. 2.

delegation of authority, regulation, or procedure as amended from time to time.

(c) Any reference in this delegation of authority to security assistance, shall be deemed to include all forms of security assistance, including assistance and training under part II of the act (including chapters 4 and 6 thereof), sales, exports, credits, and guaranties under the Arms Export Control Act, and naval vessel transfer as authorized by law.

(d) Notwithstanding any provision of this delegation of authority, the Secretary of State or the Deputy Secretary of State may at any time exercise any function delegated or reserved 15 by this delegation of authority.

(e) Any officer to whom functions are delegated 16 by this delegation of authority may, to the extent consistent with law:

(1) redelegate such functions and authorize their successive redelegation; and

(2) promulgate such rules and regulations as may be necessary to carry out such functions.

(f) State Department Delegation of Authority No. 104 of November 3, 1961 (26 F.R. 10608), as amended, is revoked.

(g) Except to the extent inconsistent with this delegation of authority, 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 delegation of authority and not revoked, superseded, or otherwise made inapplicable before the effective date of this delegation of authority, shall continue in full force and effect until modified, amended, or terminated by appropriate authority.

15 The amendments of February 4, 1984 (49 F.R. 7018) added the words "or reserved".

16 The words "to any officer of the Department of State" which previously appeared at this

point, were struck out by the amendments of July 15, 1980 (45 F.R. 51974).

c. International Development Cooperation Agency
Delegation of Authority No. 1

International Development Cooperation Agency Delegation of Authority No. 1, October 1, 1979, 44 F.R. 57521; as amended by amendment of October 31, 1980, 45 F.R. 74090

INTERNATIONAL DEVELOPMENT COOPERATION AGENCY: FOREIGN ECONOMIC ASSISTANCE

By virtue of the authority vested in me by the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.) (hereinafter referred to as the Act), title IV of the International Development Cooperation Act of 1979 (22 U.S.C. 3501 et seq.), Executive Order No. 12163 of September 29, 1979 entitled "Administration of Foreign Assistance and Related Functions" (hereinafter referred to as the Executive Order), and Reorganization Plan No. 2 of 1979 (44 F.R. 41185), it is ordered as follows:

1-1. Concurrent Authority

1-101. Notwithstanding any provision of this Delegation of Authority, the Director of the United States International Development Cooperation Agency (hereinafter referred to as IDCA) may at any time exercise any function delegated by this Delegation of Authority.

1-2. Continuation of the Agency For International Develop

ment

1-201. The Agency for International Development (hereinafter referred to as AID), which was established in the Department of State pursuant to State Department Delegation of Authority No. 104, as amended, shall be continued in existence within IDCA headed by an Administrator (hereinafter referred to as the Administrator), as provided in sections 103(a) and 103(b) of the Executive Order. All delegations of authority, determinations, authorizations, regulations, rulings, certificates, orders, directives, contracts, agreements, designations, and other actions made, issued or entered into under authority existing prior to the date of the Executive Order and not revoked, superseded, or otherwise made inapplicable before the effective date of this Delegation of Authority shall continue in full force and effect until amended, modified or terminated by appropriate authority.

1-202. The officers provided for in section 1-103(c) of the Executive Order shall continue to exercise such functions as the Administrator deems appropriate.

1-3. Functions of the Administrator

1-301. Exclusive of the functions otherwise delegated or reserved to the Director of IDCA herein, there are hereby delegated to the Administrator:

(a) The functions conferred upon the Director of IDCA by subsections 1–102(a)(1)–(4) and section 1-601 of the Executive Order.

(b) The functions and authorities contained in sections 125(a), 601(a) through (d), and 601(e)(2) of the Act conferred upon the Director of IDCA by Section 6 of Reorganization Plan No. 2 of 1979.

1-4. Functions of the Director of the Institute for Scientific and Technological Cooperation

1-401. Exclusive of the functions otherwise delegated, or reserved to the Director of IDCA herein, there are hereby delegated to the Director of the Institute for Scientific and Technological Cooperation (hereinafter referred to as the Institute) the functions conferred upon the Director of IDCA by subsection 1-102(a)(5) of the Executive Order.

1-5. Functions Delegated to the Administrator and to the Director of the Institute

1-501. There are hereby delegated to the Administrator and to the Director of the Institute, respectively, the functions that relate to the administration of the programs of AID and the Institute, respectively, as follows:

(a) The functions under sections 297(d), 299(a) and 625(a) of the Act.

(b) The functions under section 625(d)(1) of the Act, as provided in section 1-602(a) of the Executive Order.

(c) The functions conferred upon the Director of IDCA by section 4 of Executive Order 11223, as amended.

(d) The functions conferred upon the Director of IDCA by the Determination of the President pursuant to section 604(a) of the Act, dated October 18, 1961, as amended.

(e) The functions of negotiating, concluding, and terminating international agreements pursuant to the Act, Title IV of the International Development Cooperation Act of 1979, or the Latin American Development Act, shall be subject to the requirements of 1 U.S.C. 112b and to applicable regulations and procedures.

1-6. Functions Delegated to the Overseas Private Investment Corporation

1-601. Exclusive of the functions otherwise delegated, or reserved to the Director of IDCA herein, there are hereby delegated to the Overseas Private Investment Corporation:

(a) The functions under sections 621(b), 625(d)(1), 627, 628, 629(b), 630 and 635(d) of the Act insofar as such functions relate to the operations of the Overseas Private Investment Corporation, its activities, or personnel.