(D) adjustment of rates in the event that vessels used for shipments of such commodities also carry cargoes on return voyages. (4) Reduction and elimination of impediments, including delays in port, to the efficient loading and operation of the vessels employed for shipment of such commodities. (5) Utilization of open and competitive bidding for the ocean transportation of such commodities. INFORMATION AND ASSISTANCE TO BE FURNISHED TO THE COMMISSION Sec. 9011.10. 19 (a) Each department, agency, and instrumentality of the United States, including independent agencies, shall furnish to the Commission, upon request made by the Chairman, such statistical data, reports, and other information as the Commission considers necessary to carry out its functions. (b) The Secretary of Agriculture and the Secretary of Transportation shall make available to the Commission such staff, personnel, and administrative services as may reasonably be required to carry out the Commission's duties. COMPENSATION AND TRAVEL AND SUBSISTENCE EXPENSES OF Sec. 901j.1 10, 20 Members of the Commission shall serve without compensation in addition to compensation they may otherwise be entitled to receive as employees of the United States or as Members of Congress, but shall be reimbursed for travel, subsistence, and other necessary expenses incurred in the performance of duties vested in the Commission. DEFINITION OF UNITED STATES FLAG VESSEL ELIGIBLE TO CARRY Sec. 901k.10. 21 A United States flag vessel eligible to carry cargoes under sections 901b through 901d means a vessel, as defined in section 3 of title 1, United States Code, that is necessary for national security purposes and, if more than 25 years old, is within five years of having been substantially rebuilt and certified by the Secretary of Transportation as having a useful life of at least five years after that rebuilding. 19 46 U.S.C. app. 1241m. 20 46 U.S.C. app. 1241n. 21 46 U.S.C. app. 12410. 4. Executive Orders, Delegations of Authority and Reorganization Plans Relating to Foreign Assistance and Arms Exports a. Administration of Foreign Assistance and Related Functions Executive Order 12163, September 29, 1979, 44 F.R. 56673, as amended by Executive Order 12226, July 22, 1980, 45 F.R. 49235; Executive Order 12321, September 14, 1981, 46 F.R. 46109; Executive Order 12365, May 24, 1982, 47 F.R. 22933; Executive Order 12423, May 26, 1983, 48 F.R. 24025; Executive Order 12458, January 14, 1984, 49 F.R. 1977; Executive Order 12500, January 24, 1985, 50 F.R. 3733; Executive Order 12560, May 24, 1986, F.R. 19159; Executive Order 12608, September 9, 1987, 52 F.R. 34617; Executive Order 12620, December 24, 1987, 52 F.R. 49135; Executive Order 12639, May 6, 1988, 53 F.R. 16691; Executive Order 12680, July 5, 1989, 54 F.R. 28995; Executive Order 12695, November 1, 1989, 54 F.R. 46589; and by Executive Order 12738, December 14, 1990, 55 F.R. 52033 By virtue of the authority vested in me by the Foreign Assistance Act of 1961, Reorganization Plan No. 2 of 1979, the International Development Cooperation Act of 1979, 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 are declared effective and the United States International Development Cooperation Agency (hereinafter referred to as "IDCA") is hereby established.1 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 shall be exercised in consultation with the Secretary of State.2 (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); and sec 1 Executive Order 12147, July 19, 1979 (44 F.R. 42957), declared that secs. 2, 3, and 4 of Reor ganization Plan No. 2 of 1979, providing for the offices of Director, Deputy Director and Associ ate Directors, were immediately effective. For text, see page 1029. 2 Sec. 1(1) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), added text after the semicolon. tion 709 of the ISDCA of 1985, which authority shall be exercised in consultation with the Secretary of State and the Secretary of Defense; (5) 3 section 1205(b) of the International Security and Development Cooperation Act of 1985 (hereinafter referred to as the "ISDCA of 1985"); * (6) 3.5 section 535 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167), to be exercised by the Administrator of the Agency for International Development within IDCA; (7) 3.6 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), to be exercised by the Administrator for the Agency for International Development within IDCA; (8) 3.7 section 572 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461), 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 and as provided for herein. (9) 3 section 514 of Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167), insofar as they related to the authority contained in section 109 of the Act, to exercised by the Administrator of the Agency for International Development within the IDCA. (b) 8 The Director shall exercise the functions of the President under sections 301(a), 301(e)(1),9 and 305 of the Act 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 3 Sec. 1(2) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), struck out paragraphs (5), (6), and (7), which referred to title IV of the International Development Cooperation Act of 1979, secs. 903(b) and 709 of the International Security and Development Cooperation Act of 1985, respectively, and redesignated paragraphs (8) through (11) as paragraphs (5) through (8). Previously, sec. 1 of Executive Order 12560, May 24, 1986 (51 F.R. 19159), deleted paragraph (6) (which concerned sec. 533 of the Foreign Assistance and Related Programs Appropriations Act, 1985) and added new paragraphs (6), (7), (8), (9), and (10). * Sec. 1(3) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), restated paragraph (5) to delete reference to sec. 1210 of the ISDCA of 1985. 5 Sec. 1(4) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), amended paragraph (6), which formerly referred to sec. 536 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 100-461). • Sec. (1)(5) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), amended paragraph (7), which formerly referred to the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461), and struck out "and" at the end of the paragraph. 7 Sec. 1 of Executive Order 12695, November 3, 1989 (54 F.R. 46589) added par. (8), originally designated as par. (11). 8 Sec. (2) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), struck out subsecs. (b) and (c): (b) referring to functions under secs. 116(e), 491(b), 491(c), 607, 627, 628, 630(3), and 666 of the Foreign Assistance Act of 1961, sec. 403(e) of the IDC Act of 1979, (c) referring to sec. 125(b) of the Foreign Assistance Act of 1961. Sec. (2) redesignated subsecs. (d), (e), (f), and (g) as subsecs. (b), (c), (d), and (e), respectively. A reference to sec. 301(e)(3), which previously appeared at this point, was struck out by sec. 1(c) of Executive Order 12365, May 24, 1982 (47 F.R. 22933). Africa, the United Nations/Food and Agriculture Organization World Food Program, the Food and Agriculture Organization PostHarvest Losses Fund, the United Nations Disaster Relief Organization, and any other international programs whose purpose is primarily developmental. (c) 8 In carrying out the functions under section 653 of the Act 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 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. (c) The officers provided for in section 624(a) of the Act 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 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, section 305, of the Act; 10 (2) 11 section 451 of the Act; (3) 11 section 495F of the Act, insofar as they relate to policy decisions pertaining to refugee programs under such section; 10 References to secs. 301(b), 301(e)(3), and 302(a)(3), which previously appeared in this paragraph, were struck out by sec. 1(d) of Executive Order 12365, May 24, 1982 (47 F.R. 22933). References to secs. 481 and 502B, which previously appeared in this paragraph were struck out be sec. 3 of Executive Order 12560, May 24, 1986 (51 F.R. 19159), which substituted the words "section 305" in lieu thereof, and added new pars. (26), (27), and (28). Pars. (26), (27), and (28) were subse quently renumbered as (24), (25), and (26) by sec. 30 of Executive Order 12608, Sept. 9, 1987 (52 F.R. 34617). Sec. 3 of Executive Order 12738, December 14, 1990 (55 F.R. 52033), further redesig nated paragraphs (9) through (31) as (11) through (33). 11 Sec. (3) of Executive Order 12738, December 14, 1990 (55 F.R. 52033), (1) redesignated paragraphs (2) through (8) as paragraphs (3) through (9), respectively; (2) redesignated paragraphs (9) through (31) as paragraphs (11) through (33), respectively; and (3) inserted new paragraphs 2 and (10). Previously paragraphs were redesignated by Executive Order 12608, Sept. 9, 1987 52 F.R. 34617), Executive Order 12560, May 24, 1986 (51 F.R. 19159), and Executive Order 12365, May 24, 1982 (47 F.R. 22933). (4) 11. 12 section 505(a) relating to other provisions which may be required by the President, and sections 505 (d), (e), (f), and (g) of the Act; (5) 11 section 505(a) (1) and (4) of the Act relating to consent; (6) 11 section 505(b) of the Act to the extent that it pertains to countries that agree to the conditions set forth therein; (7) 11 chapter 4 of Part II of the Act, 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.13 Such functions shall be exercised in cooperation with the Director; (8) 11 chapter 6 of part II of the Act; (9) 11 section 601(b) (3), (4), and (6) of the Act; (10) 11 section 604(a) of the Act, insofar as they related to procurement under chapter 1 of part I and chapter 4 of part II of the Act; (11) 11 section 614(b) of the Act, 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) 11 section 620 (c), (e), (f), (g), (j), (q), and (s) of the Act; 14 (13) 11 section 620C(d) and (e) 15 of the Act; (14) 11 section 625(d) of the Act, insofar as it relates to personnel in the Department of State; (15) 11 section 625(k)(1) of the Act; (16) 11 section 634B of the Act, insofar as it relates to functions delegated to the Secretary under this order; (17) 11 sections 617 and 653 of the Act, insofar as they relate to chapter 8 of part I and part II of the Act; (18) 11. 16 other provisions of the Act that relate directly and necessarily to the conduct of programs and activities vested in or delegated to the Secretary; (19) 11. 17 section 8(d) of the Act of January 12, 1971 (22 U.S.C. 2321b(d)); and (20) 11 section 607 of the International Security Assistance and Arms Export Control Act of 1976 (22 U.S.C. 2394a). (21) 11, 18 section 725 of the International Security and Development Cooperation Act of 1981; 12 Sec. 4 of Executive Order 12560, May 24, 1986 (51 F.R. 19159), restated par. (4), as redesignated from par. (3), and struck out the reference to sec. 504(a) and added the reference to sec. 505(f). 13 The words "and all functions conferred by Section 534 of the Act" were added by Executive Order 12620, December 24, 1987 (52 F.R. 49135). 14 References to sec. 620 (b) and (i), which previously appeared in this paragraph, were struck out by sec. 1(e) of Executive Order 12365, May 24, 1982 (47 F.R. 22933). 15 Sec. 1 of Executive Order 12639, May 6, 1988 (53 F.R. 16691), added "and (e)”. 16 Sec. 6 of Executive Order 12560, May 24, 1986 (51 F.R. 19160), deleted the words "other than chapter 4 thereof". 17 Sec. (f) of Executive Order 12365, May 24, 1982 (47 F.R. 22933), deleted original pars. (17) and (19) (which concerned sec. 657 and 668 of the Foreign Assistance Act of 1961 and the Mutual Defense Assistance Control Act of 1951, respectively) and renumbered the remaining paragraphs accordingly. 18 Pars. (21) and (22), as redesignated, were added by sec. 1(a) of Executive Order 12365, May 24, 1982 (47 F.R. 22933). |