
From the U.S. Code Online via GPO Access
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[Laws in effect as of January 2, 2001]
[Document not affected by Public Laws enacted between
  January 2, 2001 and January 28, 2002]
[CITE: 22USC2381]

 
               TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
 
                     CHAPTER 32--FOREIGN ASSISTANCE
 
          SUBCHAPTER III--GENERAL AND ADMINISTRATIVE PROVISIONS
 
                   Part II--Administrative Provisions
 
Sec. 2381. Exercise of functions


(a) Delegation by President; rules and regulations; utilization of goods 
        and services from private enterprise, and facilities and 
        resources of Federal agencies when not competitive with private 
        enterprise

    The President may exercise any functions conferred upon him by this 
chapter through such agency or officer of the United States Government 
as he shall direct. The head of any such agency or such officer may from 
time to time promulgate such rules and regulations as may be necessary 
to carry out such functions, and may delegate authority to perform any 
such functions, including, if he shall so specify, the authority 
successively to redelegate any of such functions to any of his 
subordinates. In providing technical assistance under this chapter, the 
head of any such agency or such officer shall utilize, to the fullest 
extent practicable, goods and professional and other services from 
private enterprise on a contract basis. In such fields as education, 
health, housing, or agriculture, the facilities and resources of other 
Federal agencies shall be utilized when such facilities are particularly 
or uniquely suitable for technical assistance, are not competitive with 
private enterprise, and can be made available without interfering unduly 
with domestic programs.

(b) Eligibility of suppliers; debarment period; causes for debarment; 
        conditions for reinstatement; periodic review

    The President shall issue and enforce regulations determining the 
eligibility of any person to receive funds made available under this 
chapter. A person may be suspended under such regulations for a 
temporary period pending the completion of an investigation and any 
resulting judicial or debarment proceedings, upon cause for belief that 
such person or an affiliate thereof probably has undertaken conduct 
which constitutes a cause for debarment; and, after an opportunity has 
been afforded to such person for a hearing, he may be debarred for an 
additional period, not to exceed three years. Among the causes for 
debarment shall be (1) offering or accepting a bribe or other illegal 
payment or credit in connection with any transaction financed with funds 
made available under this chapter; or (2) committing a fraud in the 
procurement or performance of any contract financed with funds made 
available under this chapter; or (3) acting in any other manner which 
shows a lack of integrity or honesty in connection with any transaction 
financed with funds made available under this chapter. Reinstatement of 
eligibility in each particular case shall be subject to such conditions 
as the President shall direct. Each person whose eligibility is denied 
or suspended under this subsection shall, upon request, be entitled to a 
review of his eligibility not less often than once every two years.

(Pub. L. 87-195, pt. III, Sec. 621, Sept. 4, 1961, 75 Stat. 445; Pub. L. 
87-565, pt. III, Sec. 302(a), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88-
205, pt. III, Sec. 302(a), Dec. 16, 1963, 77 Stat. 388; Pub. L. 90-554, 
pt. III, Sec. 302(a), Oct. 8, 1968, 82 Stat. 964.)

                       References in Text

    This chapter, referred to in text, was in the original ``this Act'', 
meaning Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended, known 
as the Foreign Assistance Act of 1961. For complete classification of 
this Act to the Code, see Short Title note set out under section 2151 of 
this title and Tables.


                               Amendments

    1968--Pub. L. 90-554 designated existing provisions as subsec. (a) 
and added subsec. (b).
    1963--Pub. L. 88-205 provided that goods and professional and other 
services from private enterprise should be utilized on a contract basis, 
and that Federal agencies be utilized only when not competitive with 
private enterprise and available without interfering unduly with 
domestic programs.
    1962--Pub. L. 87-565 struck out designation ``(a)'' from provisions 
of subsec. (a), and repealed subsecs. (b) to (e) which related to the 
abolition of the Development Loan Fund, International Cooperation 
Administration, and the Office of Inspector General and Comptroller, the 
transfer of their functions, and the transfer of the function of the 
Export-Import Bank under section 1704(e) of title 7.

                         Delegation of Functions

    For delegation of functions of President under this section, see Ex. 
Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out 
below.


                         AID Office of Security

    Pub. L. 105-277, div. A, Sec. 101(d) [title V, Sec. 587], Oct. 21, 
1998, 112 Stat. 2681-150, 2681-204, as amended by Pub. L. 106-31, title 
V, Sec. 5002(b), May 21, 1999, 113 Stat. 109, provided that:
    ``(a) Establishment of Office.--There shall be established within 
the Office of the Administrator of the Agency for International 
Development, an Office of Security. Such Office of Security shall, 
notwithstanding any other provision of law except section 207 of the 
Foreign Service Act of 1980 [22 U.S.C. 3927] and section 103 of Public 
Law 99-339 [22 U.S.C. 4802], have the responsibility for the 
supervision, direction, and control of all security activities relating 
to the programs and operations of that Agency.
    ``(b) Transfer and Allocation of Appropriations and Personnel.--
There are transferred to the Office of Security all security functions 
exercised by the Office of Inspector General of the Agency for 
International Development exercised before the date of enactment of this 
Act [Oct. 21, 1998]. The Administrator shall transfer from the Office of 
the Inspector General of such Agency to the Office of Security 
established by subsection (a), the personnel (including the Senior 
Executive Service position designated for the Assistant Inspector 
General for Security), assets, liabilities, grants, contracts, property, 
records, and unexpended balances of appropriations, and other funds 
held, used, available to, or to be made available in connection with 
such functions. Unexpended balances of appropriations, and other funds 
made available or to be made available in connection with such 
functions, shall be transferred to and merged with funds appropriated by 
this Act under the heading `Operating Expenses of the Agency for 
International Development' [112 Stat. 2681-157].
    ``(c) Transfer of Employees.--Any employee in the career service who 
is transferred pursuant to this section shall be placed in a position in 
the Office of Security established by subsection (a) which is comparable 
to the position the employee held in the Office of the Inspector General 
of the Agency for International Development.''


         Agency for International Development Budget Submission

    Pub. L. 106-429, Sec. 101(a) [title V, Sec. 576], Nov. 6, 2000, 114 
Stat. 1900, 1900A-54, provided that: ``The Agency for International 
Development shall submit to the Committees on Appropriations a detailed 
budget justification that is consistent with the requirements of section 
515 [114 Stat. 1900A-26], for each fiscal year. The Agency shall submit 
to the Committees on Appropriations a proposed budget justification 
format no later than November 15, 2000, or 30 days after the enactment 
of this Act [Nov. 6, 2000], whichever occurs later. The proposed format 
shall include how the Agency's budget justification will address: (1) 
estimated levels of obligations for the current fiscal year and actual 
levels for the 2 previous fiscal years; (2) the President's request for 
new budget authority and estimated carryover obligational authority for 
the budget year; (3) the disaggregation of budget data and staff levels 
by program and activity for each bureau, field mission, and central 
office; and (4) the need for a user-friendly, transparent budget 
narrative.''
    Pub. L. 106-113, div. B, Sec. 1000(a)(2) [title V, Sec. 581], Nov. 
29, 1999, 113 Stat. 1535, 1501A-116, provided that: ``Beginning with the 
fiscal year 2001 budget, the Agency for International Development shall 
submit to the Committees on Appropriations a detailed budget for each 
fiscal year. The Agency shall submit to the Committees on Appropriations 
a proposed budget format no later than October 31, 1999, or 30 days 
after the enactment of this Act [Nov. 29, 1999], whichever occurs later. 
The proposed format shall include how the Agency's budget submission 
will address: (1) estimated levels of obligations for the current fiscal 
year and actual levels for the two previous fiscal years; (2) the 
President's request for new budget authority and estimated carryover 
obligational authority for the budget year; (3) the disaggregation of 
budget data by program and activity for each bureau, field mission, and 
central office; and (4) staff levels identified by program.''
    Pub. L. 102-391, title V, Sec. 599E, Oct. 6, 1992, 106 Stat. 1698, 
provided that: ``The President shall include with each budget for a 
fiscal year submitted to the Congress under section 1105 of title 31, 
United States Code, materials that shall identify clearly and separately 
the amounts requested in the budget for appropriation for that fiscal 
year for salaries and expenses related to administrative activities of 
the Agency for International Development.''

                REORGANIZATION PLAN NO. 2 OF 1979

    Reorganization Plan No. 2 of 1979, 44 F.R. 41165, 93 Stat. 1378, 
which established the United States International Development 
Cooperation Agency, was repealed by Pub. L. 105-277, div. G, subdiv. A, 
title XIV, Secs. 1401, 1422(a)(1), Oct. 21, 1998, 112 Stat. 2681-790, 
2681-792, effective Apr. 1, 1999.

                        Executive Order No. 10973

    Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, which 
related to the administration of foreign assistance and related 
functions, was revoked by Ex. Ord. No. 12163, Sec. 1-903(a)(1), Sept. 
29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out below.
    Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, as amended, was 
superseded insofar as any provision therein was in conflict with any 
provision of Ex. Ord. No. 11579, Jan. 19, 1971, 36 F.R. 969, set out as 
a note under section 2191 of this title.

  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, Secs. 1-6, Dec. 14, 1990, 55 F.R. 52033; Ex. Ord. 
No. 13030, Sec. 1, Dec. 12, 1996, 61 F.R. 66187; Ex. Ord. No. 13091, 
Sec. 2, June 29, 1998, 63 F.R. 36153; Pub. L. 105-277, div. G, subdiv. 
A, title XIV, Sec. 1422(a)(2), Oct. 21, 1998, 112 Stat. 2681-792; Ex. 
Ord. No. 13118, Secs. 1-9, Mar. 31, 1999, 64 F.R. 16595-16598, 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. Department of State

    1-100. Delegation of Functions. (a) Exclusive of the functions 
otherwise delegated, or reserved to the President, by this order, 
Executive Order 12884 [22 U.S.C. 5812 note], Executive Order 11579 [22 
U.S.C. 2191 note], and Executive Order 12757 [7 U.S.C. 1738 note], and 
subject to the provisions of such orders, there are hereby delegated to 
the Secretary of State (referred to in this Part as the ``Secretary'') 
all functions conferred upon the President by:
        (1) the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq.) 
    (``Act'');
            (i) except that with respect to section 505(a) of the Act 
        [22 U.S.C. 2314(a)], such functions only insofar as those 
        functions relate to other provisions which may be required by 
        the President or only insofar as they relate to consent;
            (ii) except that with respect to section 505(b) of the Act, 
        such functions only insofar as those functions pertain to 
        countries that agree to the conditions set forth therein;
        (2) section 1205(b) of the International Security and 
    Development Cooperation Act of 1985 (``ISDCA of 1985'') [Pub. L. 99-
    83, 22 U.S.C. 2346 note];
        (3) section 8(d) of the Act of January 12, 1971 (22 U.S.C. 
    2321b(d));
        (4) section 607 of the International Security Assistance and 
    Arms Export Control Act of 1976 (22 U.S.C. 2394a);
        (5) section 402(b)(2) of title 10, United States Code, which 
    shall be exercised in consultation with the Secretary of Defense;
        (6) the third proviso under the heading ``Development 
    Assistance'' contained in title II of the Foreign Operations, Export 
    Financing, and Related Programs Appropriations Act, 1999 (as 
    contained in Public Law 105-277) [112 Stat. 2681-153];
        (7) section 572 of the Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1989 (Public Law 100-461) [22 
    U.S.C. 2151v note];
        (8) sections 508, 517 [22 U.S.C. 5814 note], 518, 528(a), 535 
    [50 U.S.C. 1701 note], 539 [50 U.S.C. 1701 note], 544, 561, 563, 
    572, 574, 575, 585, 594 [22 U.S.C. 2753 note] of the Foreign 
    Operations, Export Financing, and Related Programs Appropriations 
    Act, 1999 (as contained in Public Law 105-277) [112 Stat. 2681-150, 
    2681-171, 2681-174, 2681-176, 2681-178, 2681-181, 2681-182, 2681-
    185, 2681-191, 2681-193, 2681-198, 2681-199, 2681-203, 2681-215];
        (9) section 523 of the Foreign Operations, Export Financing, and 
    Related Programs Appropriations Act, 1999 (as contained in Public 
    Law 105-277) [112 Stat. 2681-177], which shall be exercised in 
    consultation with the Secretary of the Treasury;
        (10) section 551 of the Foreign Operations, Export Financing, 
    and Related Programs Appropriations Act, 1999 (as contained in 
    Public Law 105-277) [112 Stat. 2681-187];
        (11) section 591 of the Foreign Operations, Export Financing, 
    and Related Programs Appropriations Act, 1998 (Public Law 105-118) 
    [111 Stat. 2439], and the provisions of law referenced therein;
        (12) section 821(b) of the Western Hemisphere Drug Elimination 
    Act (as contained in Public Law 105-277) [22 U.S.C. 2291 note].
    (b) 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 
administered by the Department of Defense, and the Director of the 
Office of Management and Budget.
    (c) The functions under sections 239(f), 620(e), 620(g), 620(j), 
620(q), and 620(s) of the Act [22 U.S.C. 2199(f), 2370(e), (g), (j), 
(q), (s)] delegated to the Secretary shall be exercised in consultation 
with the Administrator of the United States Agency for International 
Development.
    (d) The Secretary shall perform all public information functions 
abroad with respect to the foreign assistance, aid, and development 
programs of the United States Government, to the extent such functions 
are not specifically assigned by statute to be performed by a different 
officer.
    (e) The Secretary may redelegate to any other officer or agency of 
the Executive branch functions delegated to the Secretary by this order 
to the extent such delegation is not otherwise prohibited by law.

     1-2. United States Agency for International Development

    1-200. United States Agency for International Development.
    (a) The United States Agency for International Development is an 
independent establishment within the Executive branch. Any reference in 
the Act to the agency primarily responsible for administering part I of 
the Act [22 U.S.C. 2151 et seq.], or to the Administrator of such 
agency, shall be deemed to be a reference to the United States Agency 
for International Development or to the Administrator of that agency, as 
appropriate.
    (b) The United States 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 shall 
serve in the United States Agency for International Development.
    (d) The Office of Small Business provided for in section 602(b) of 
the Act [22 U.S.C. 2352(b)] shall be in the United States Agency for 
International Development.
    (e) To the extent practicable, the Administrator of the United 
States Agency for International Development 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, the Administrator shall 
consult regularly with the Secretary of State.

                   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 chapters 2 and 5 of part II of the 
Act [22 U.S.C. 2311 et seq., 2347 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) the functions under section 655 of the Act [22 U.S.C. 2415] 
insofar as they relate to defense articles, defense services, and 
international military education and training furnished by grant or sale 
by the Secretary of Defense, except to the extent otherwise delegated.
    (f) Those functions conferred upon the President under section 616 
of the ISDCA of 1985 [Pub. L. 99-83, Aug. 8, 1985, 99 Stat. 232].
    (g) 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].
    (h) 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

    [Revoked by Ex. Ord. No. 13118, Sec. 4, Mar. 31, 1999, 64 F.R. 
16596]

                       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)];
        (3) section 502 of the Mutual Security Act of 1954 (22 U.S.C. 
    1754); and
        (4) section 655(c) of the Act [22 U.S.C. 2415(c)].
    (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 Secretary of State.
    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. Revoked by Ex. Ord. No. 13118, Sec. 5(2), Mar. 31, 1999, 64 
F.R. 16597.]
    1-505. Trade and Development Agency. There is delegated to the 
Director of the Trade and Development Agency the functions conferred 
upon the President by section 661(d) of the Act [22 U.S.C. 2421(d)].
    [1-506. Revoked by Ex. Ord. No. 13118, Sec. 5(4), Mar. 31, 1999, 64 
F.R. 16597.]

   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 Secretary of State, the 
Secretary 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] 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), 493, 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, and 663(b) of the 
Act [22 U.S.C. 2151t(e), 2220c(a), 2292b, 2312(b), 2363(a), 2364(a), 
2370(a), (d), (x), 2371, 2373(c), 2381(a), 2382(b), (c), 2393(a), (b), 
2399c, and 2423(b)].
    (b) 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)].
    (c) The functions conferred upon the President with respect to 
determinations, certifications, directives, or transfers of funds, as 
the case may be, by sections 209(d), 303, 465(b), 490(h), 505(d)(2)(A), 
505(d)(3), 506(a), 552(c), 552(e), 610, 614(c), 620E, 632(b), 633A, 
663(a) of the Act [22 U.S.C. 2169(d), 2223, 2275(b), 2291j(h), 
2314(d)(2)(A), (d)(3), 2318(a), 2348a(c), (e), 2360, 2364(c), 2375, 
2392(b), 2393a, 2423(a)]; 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.].
    [(d) Redesignated (c).]
    (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 [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 
Secretary 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 the Department of State is authorized to administer 
pursuant to express reservation or delegation of authorities in a 
statute or in this or another Executive order.
    1-703. Office of Management and Budget. In this order the Director 
of the Office of Management and Budget shall retain all authorities 
related to the implementation of his budgetary and policy coordination 
functions, including the authority to:
        (a) request and receive information from any agency that is 
    subject to this delegation;
        (b) carry out all responsibilities associated with implementing 
    the Government Performance and Results Act [Pub. L. 103-62, see 
    Short Title of 1993 Amendment note set out under section 1101 of 
    Title 31, Money and Finance], the Government Management Reform Act 
    [Pub. L. 103-356, see Short Title of 1994 Amendment note set out 
    under section 3301 of Title 31], and other comparable government-
    wide statutes dealing with management; and
        (c) carry out all statutory budget and policy coordination 
    responsibilities assigned to the Director of the Office of 
    Management and Budget by statute or Executive order.

                           1-8. Funds

    1-800. Allocation of Funds. Funds described below that are 
appropriated or otherwise made available to the President shall be 
deemed to be allocated without any further action of the President, as 
follows:
    (a) Except as provided in subsections (b) and (c), there are 
allocated to the Secretary all funds made available for carrying out the 
Act, including any funds appropriated under the heading 
``Nonproliferation, Anti-Terrorism, Demining and Related Programs''.
    (b) There are allocated to the Secretary of Defense all funds made 
available for carrying out chapters 2 and 5 of Part II of the Act [22 
U.S.C. 2311 et seq., 2347 et seq.].
    (c) There are allocated to the Secretary of the Treasury all funds 
made available for carrying out section 129 of the Act [22 U.S.C. 
2151aa].
    (d) The Secretary of State, the Secretary of Defense, and the 
Secretary of the Treasury may allocate or transfer as appropriate any 
funds received under subsections (a), (b), and (c) of this section, 
respectively, 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 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), (d) Revoked by Ex. Ord. No. 13118, Sec. 9, Mar. 31, 1999, 64 
F.R. 16598.]
    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.
    [Pub. L. 105-277, div. G, subdiv. A, title XIV, Sec. 1422(a)(2), 
Oct. 21, 1998, 112 Stat. 2681-792, provided that sections 1-101 through 
1-103, 1-401 through 1-403, and 1-801(a), and other provisions of Ex. 
Ord. No. 12163 that relate to the United States International 
Development Cooperation Agency or the Director thereof were repealed.]

                  Section Referred to in Other Sections

    This section is referred to in section 2384 of this title.
