[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.)