Legislation on Foreign Relations Through ...

(22) 11, 18 section 726 of the International Security and Development Cooperation Act of 1981;

(23) 11, 19 Chapter 8 of Part II of the Act, except that such functions shall be exercised consistent with Section 573(dx3) thereof;

(24) 11, 20 Section 402(b)(2) of Title 10 of the United States Code, which shall be exercised in consultation with the Secretary of Defense.

(25) 11 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; (26) 11 chapter 8 of part I of the Act, except for section 481(h), which is reserved to the President;

(27) 11 section 502B of the Act; 21

(28) 22 sections 513, 538, 554, 559, 560, 561, 562, 564(c), 599C, and 599G(a)(3) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167);

(29) 22 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 Act, 1990 (Public Law 101-167), and section 548 of such Act, each of which shall be exercised in consultation with the Secretary of the Treasury;

(30) 22 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);

(31) 22 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), which shall be exercised in consultation with the Administrator of the Agency for International Development within IDCA;

(32) 23 subsection (c)(2) under the heading "Foreign Military Sales Debt Reforms" contained in title III of the Foreign Oper

19 Par. (23), previously numbered (21), was added by sec. 1 of Executive Order 12458, Jan. 14. 1984 (49 F.R. 1977).

20 Sec. 1 of Executive Order 12500, Jan. 24, 1985 (50 F.R. 3733), added par. (24), previously numbered (22). It was later amended by sec. 5 of Executive Order 12560, May 24, 1986 (51 FR 19160). Sec. 1 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), rewrote par. 22. It formerly read as follows:

"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 99145), which shall be exercised in consultation with the Secretary of Defense.".

21 Sec. 1 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), deleted "and" at this point, and rewrote par. (26), renumbered (27), adding reference to the Foreign Operations, Export Fnancing, and Related Programs Appropriations Act, 1988 (as enacted in Public Law 100-202) 22 Sec. (4)(1) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), restated paragraphs (28) through (32), as redesignated by sec. (3X2) of that Executive Order. Previously, sec. 5 of Ex ecutive Order 12639, May 6, 1988 (53 F.R. 16691), added par. (27), (28), and (29), renumbered as (29), (30), and (31).

23 Sec.(4)(1) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), restated paragraph (32), which previously had been added as paragraph (30) by sec. 3 of Executive Order 12680, July 5, 1989 (54 F.R. 28995). That Executive Order also added paragraph (33), originally numbered

ations, Export Financing, and Related Programs Appropriations Act, 1988 (Public Law 100-202), which shall be exercised in consultation with the Secretary of Defense;

(33) 23 sections 4101(b), 4205(d), 4307(a), and 4309 of the AntiDrug Abuse Act of 1988 (Public Law 100-690). The Secretary of State in implementing the functions delegated to him under section 4205(d) shall consult with the Secretary of Defense;

24

(34) 24 section 512 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167), which shall be exercised in consultation with the President of the Export-Import Bank of the United States;

(35) 24 section 581(a) and 581(c) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167), which shall be exercised in consultation with the Secretary of Defense; and

(36) 24 section 12 of the International Narcotics Control Act of 1989 (Public Law 101-231).

(b) The functions under sections 239(g), 620(e), 620(g),25 620(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 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 (except chapters 4, 6, and 8 thereof 26 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(d)(1), 625(h), 627, 628, 630(3), 631(a), 634B, 635(b) (except with respect to negotiation, conclusion, and termination of international agreements), 635(d), 635(g), and 636(i) of the Act.27

(c) Those functions under section 634A of the Act, to the extent they relate to notifications to the Congress concerning changes in programs under part II of the Act (except chapters 4, 6, and 8 thereof) 26 and under the Arms Export Control Act, as amended, 28 subject to prior consultation with the Secretary of State.

24 Sec. (4X2) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), struck out "." and inserted ";" at the end of par. (33), and added pars. (34), (35), and (36).

25 A reference to sec. 620(i), which previously appeared at this point, was struck out by sec. 1(g) of Executive Order 12365, May 24, 1982 (47 F.R. 22933).

26 The reference to ch. 8 was added by Executive Order 12458, Jan. 14, 1984 (49 F.R. 1977). 27 Sec. 1 of Executive Order 12423, May 26, 1983 (48 F.R. 24025), added the reference to sec. 636(i).

28 The reference to the Arms Control Export Act, as amended, was added by sec. 8 of Executive Order 12560, May 24, 1986 (51 F.R. 19160).

(d) The functions under sections 627, 628, and 630(3) of the Act delegated to the Secretary of Defense shall be exercised in consultation with the Secretary of State.

(e) 29 Those functions conferred upon the President under section 616 of the ISDCA of 1985.

(f) 30 The functions conferred upon the President under section 573 and section 581(b)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167).

(g) 31 The functions conferred upon the President under section 3 of the International Narcotics Control Act of 1989 (Public Law 101231), 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 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.

1-403. There are hereby established two additional positions in the Institute pursuant to section 406(c) of the IDC Act of 1979. 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) 32 section 305, 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)

32 the second sentence of section 612(a) of the Act; and

29 Par. (e) was added by sec. 7 of Executive Order 12560, May 24, 1986 (51 F.R. 19160). 30 Sec. 6 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), added subsec. (f). Sec. 5 of Executive Order 12738, December 14, 1990 (55 F.R. 52033), updated reference to current Foreign Operations Appropriations Act.

31 Sec. 5(2) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), added subsec. (g) 32 Sec. 1(h) of Executive Order 12365, May 24, 1982 (47 F.R. 22933), struck out par. (1) (which concerned sec. 301(e)(3) of the Foreign Assistance Act of 1961) and renumbered the remaining paragraphs accordingly.

(3) 32 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).

(c) The functions under section 305 of the Act 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.

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 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.

1-504. International Communication Agency. The International Communication 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 which shall consist of the Director of IDCA, who shall be Chairman, 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, 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 Chairman; 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 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; 33 and the President of the Overseas Private Investment Corporation.

33 The Peace Corps was added to the membership of the Development Coordination Committee by Executive Order 12226, July 22, 1980 (45 F.R. 49235).