g. Overseas Private Investment Corporation Executive Order 11579, January 19, 1971, 36 F.R. 969;1 as amended by Executive Order 12107, December 28, 1978, 44 F.R. 1055; and by Executive Order 12163, September 29, 1979, 44 F.R. 56673 By virtue of the authority vested in me by the Foreign Assistance Act of 1961 (75 Stat. 424), as amended (hereinafter the "Act"), and section 301 of title 3 of the United States Code, and as President of the United States, it is ordered as follows: Section 1. Transfer to Overseas Private Investment Corporation. All obligations, assets and related rights and responsibilities arising out of, or related to, predecessor programs and authorities similar to those provided for in section 234 (a), (b) and (d) of the Act are hereby transferred to the Overseas Private Investment Corporation (hereinafter the "Corporation"). Sec. 2. Delegation of functions. (a) 2 * * * [Revoked-1979] (b) The function of prescribing regulations relating to the reinstatement or restoration of officers and employees of the Corporation to other government positions, when their appointment to a position in the Corporation was made from another government position and their separation from the Corporation was not made for cause, is hereby delegated to the Office of Personnel Management.3 Sec. 3. Allocation and transfer of funds. Funds made available under section 232 of the Act (repealed by section 105 of the Foreign Assistance Act of 1969) which are obligated but unexpended are hereby transferred to the Corporation. Sec. 4. General provisions. (a) As used in this order, the words "function" or "functions" include any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity. (b) The Corporation shall be deemed to be the successor of the Agency for International Development and the Administrator thereof, with respect to all functions vested in the Corporation pursuant to law. (c) Except to the extent that they may be inconsistent with this order, all 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and other actions made, issued, or entered into with respect to any function affected by this order and not revoked, superseded or otherwise made inapplicable before the date of this order, shall continue in full force and effect until amended, modified, or terminated by appropriate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. 122 U.S.C. 2191 note. 2 Subsec. (a) was revoked by sec. 1-903(a)(2) of Executive Order 12163, Sept. 29, 1979 (44 F.R. 56673). 3 Sec. 2-101 of Executive Order 12107 struck out "Civil Service Commission" and inserted in lieu thereof "Office of Personnel Management". (d) Executive Order No. 10973 of November 3, 1961, as amended, is hereby superseded insofar as any provision therein is in conflict with any provision herein. (e) The provisions of this order shall become effective upon adoption by the Board of Directors of bylaws for the Corporation. Revoked by Executive Order 12163, Sept. 29, 1979 (44 F.R. 56673). h. Performance of Functions Authorized by the Foreign Assistance Act of 1961, as Amended Executive Order 11223, May 12, 1965, 30 F.R. 6635;1 as amended by Executive Order 12163, September 29, 1979, 44 F.R. 56673; and by Executive Order 12178, December 10, 1979, 44 F.R. 71807 By virtue of the authority vested in me by section 633 of the Foreign Assistance Act of 1961, as amended, 75 Stat. 454 (22 U.S.C. 2393), it is hereby determined that, to the extent hereinafter indicated, the performance of functions authorized by that Act,2 as amended, and any predecessor legislation, without regard to the laws specified in the numbered subdivisions of sections 1 and 2 of this order and without regard to consideration as specified in sections 3 and 4 of this order will further the purposes of the Foreign Assistance Act of 1961, as amended: Section 1. With respect to functions authorized by the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2151 et seq.), and any predecessor legislation except those functions exercised by the Department of Defense under authority of sections 621 and 623 of the Foreign Assistance Act of 1961 (22 U.S.C. 2381 and 2383): (1) The Act of March 26, 1934, 48 Stat. 500, as amended (15 U.S.C. 616a). (2) Section 3648 of the Revised Statutes, as amended, 60 Stat. 809 (31 U.S.C. 529). (3) Section 305 of the Federal Property and Administrative Services Act of 1949, 63 Stat. 396, as amended (41 U.S.C. 255). (4) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5). (5) Section 3710 of the Revised Statutes (41 U.S.C. 8). (6) Section 2 of title III of the Act of March 3, 1933, 47 Stat. 1520 (41 U.S.C. 10a). (7) Section 3735 of the Revised Statutes (41 U.S.C. 13). (8) Section 304(c) of the Federal Property and Administrative Services Act of 1949, as added by the Act of October 31, 1951, 65 Stat. 700 (41 U.S.C. 254(c)), but only with respect to contracts entered into with foreign governments or agencies thereof for the rendering of services to the United States or an agency thereof within the continental limits of the United States. (9) Section 901(a) of the Merchant Marine Act, 1936, 49 Stat. 2015, as amended (46 U.S.C. 1241(a)). Sec. 2. With respect to purchases authorized to be made outside the limits of the United States or the District of Columbia under 122 U.S.C. 2393 note. 2 Sec. 1-903(d) of Executive Order 12163 provided that the reference in this Executive Order "to 'the performance of functions authorized by this Act' shall be deemed to include the performance of functions authorized by sec. 403 of the IDC Act of 1979." Such sec. 403 of the International Development Cooperation Act of 1979 specified the functions of the Institute for Scientific and Technological Cooperation. the Foreign Assistance Act of 1961, as amended, and any predecessor legislation: (1) Section 2276(a) of Title 10 of the United States Code. (3) Section 304(c) of the Federal Property and Administrative Services Act of 1949, as added by the Act of October 31, 1951, 65 Stat. 700 (41 U.S.C. 254(c)). (4) Section 1301 of the Second War Powers Act, 1942, 56 Stat. 185 (50 U.S.C. App. 643), as extended by the provisions of the Act of June 30, 1953, 67 Stat. 120. (5) Section 3(b) of the Act of August 28, 1958, 72 Stat. 972 (50 U.S.C. 1433(b)), but only with respect to contracts in which the inclusion of the clause required by section 3(b), or the compliance with that clause, if included in a contract, is deemed by the executive or military department concerned to be impracticable. Sec. 3. With respect to cost-type contracts heretofore or hereafter made with non-profit institutions under which no fee is charged or paid, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished, irrespective of the time or circumstances of the making, or the form of the contract amended or modified, or of the amending or modifying contract and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof. Sec. 4. With respect to contracts heretofore or hereafter made, other than those described in section 3 of this order, amendments and modifications of such contracts may be made with or without consideration and may be utilized to accomplish the same things as any original contract could have accomplished, irrespective of the time or circumstances of the making, or the form of the contract amended or modified, or of the amending or modifying contract, and irrespective of rights which may have accrued under the contract or the amendments or modifications thereof, if the Secretary of State or the Director of the United States International Development Cooperation Agency (with respect to functions vested in or delegated to the Director) 3 determines in each case that such action is necessary to protect the foreign policy interests of the United States. Sec. 5. Executive Order No. 10784 of October 1, 1958, and Executive Order No. 10845 of October 12, 1959, are hereby superseded. Sec. 6.4 I determine it to be in furtherance of the purposes of the Foreign Assistance Act of 1961, as amended, and in the national security interest of the United States that the functions authorized by chapter 7 of Part II of that Act, relating to air base construction in Israel, be performed without regard to the following additional specified provisions of law: (1) Title IX of the Federal Property and Administration Services Act of 1949, as amended (40 U.S.C. 541-544); 3The reference to the Director of IDCA was added by sec. 1-903(b)(5) of Executive Order 12163, Sept. 29, 1979 (44 F.R. 56673). *Sec. 6 was added by Executive Order 12178, Dec. 10, 1979 (44 F.R. 71807). 88-542 95-11 (2) Section 612 of the Military Construction Authorization Act, 1967, as amended (31 U.S.C. 723a); (3) Section 719 of the Defense Production Act of 1950, as amended (50 U.S.C. App. 2168); and (4) Section 111 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 759). |