ADMINISTRATION OF FOREIGN ASSISTANCE AND RELATED FUNCTIONS
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP80-01370R000500010007-9
Release Decision:
RIFPUB
Original Classification:
K
Document Page Count:
2
Document Creation Date:
December 9, 2016
Document Release Date:
April 16, 1999
Sequence Number:
7
Case Number:
Publication Date:
November 7, 1965
Content Type:
OPEN
File:
Attachment | Size |
---|---|
CIA-RDP80-01370R000500010007-9.pdf | 319.02 KB |
Body:
? ken from ,Federal Register, Vol. No. 215
Approved For ONpaer?
-
ITI I
I
49,7490460FAR0005000100074
Presidential Documents
'Title 3?THE PRESIDENT
'.Executive Order 10972
ADMINISTRATION OF THE AGRICUL-
/URAL TRADE DEVELOPMENT AND
SISTANCE ACT OF 1954, AS
ENDED
By virtue of the authority vested in me
by section 104(e) of the Agricultural
Trade Development and Assistance Act
34, as amended (7 U.S.C. 1704(e) ),
as President of the United States, it
orc1ered that Executive Order No. 10900
cCranuary 5, 1961; as amended, be, and
itT hereby, further amended as follows:
') By deleting from paragraph (4)
eifsection 4(d) the comma and the text
"except to the extent that section 104(e)
Pains to the loans referred to in sub-
SO on (d) (5) of this section".
( - By deleting paragraph (5) from
on 4(d).
s order shall become effective at the
of November 3, 1961.
JOHN P. KENNEDY
E WHITE HOUSE,
November 3, 1961.
Doc. 61-10711; Filed, Nov. 6, 1961;
11:49 a.m.]
-
-Executive Order 10973
ISTRATION OF FOREIGN AS-
NCE AND RELATED FUNCTIONS
virtue of the authority vested inine
bythe Foreign Assistance Act of 1961 (75
&tat, 4124) and section 301 of title 3 of the
United States Code, and as President of
he.tited States, it is hereby ordered as
fbllo*s:
_
t Bjk' RT L DEPARTMENT OF STATE
-EAMON 101. Delegation of functions.
Excivalve of the functions otherwise del-
egated, or reserved to the President, by
the,pi'ovisions of this order, and subject
to th ,provisions of this order, there are
delegated to the Secretary of
ereafter in this Part referred to
ecretary) all functions conferred
LIPLi1e President by (1) the Act (as
deflned in Part VI hereof), (2) the act
to provide for assistance in the develop-
=Ito/ Latin America and in the recon-
st n of Chile, and for other purposes
(74 869; 22 U.S.C. 1942 et seq.),
(3) the Mutual Defense Assistance Con-
tr -1 1 of 1951 (65 Stat. 644; 22 U.S.C.
1 11 et seq.), (4) the urirepealed provi-
sions ot the Mutual Security Act of 1954
(68 41. 832; 22 U.S.C. 1750 et seq.), and
a-, j.se provisions of acts appropriat-
ing uncls under the authority of the Act
Whith_relate to the Act.
02. Agency for International De-
1
ent. (a)The,..SecrAy sliebain
ta pproveanrtar
Sta e -to be known as the Agency for In-
ternational Development (hereafter in
this Part referred to as the Agency).
(b) The Agency shall be headed by
an Administrator who shall be the officer
provided for in section 624(a) (1) of the
Act. Nothing in this order shall be con-
strued as affecting the tenure of the said
Administrator now in office.
(c) The officers provided for in sec-
tions 624(a) (2) and 624(a) (3) of the
Act shall serve in the Agency.
SEC. 103. Continuation of prior agen-
cies. The corporate Development Loan
Fund, the International Cooperation Ad-
ministration, and the Office of the In-
spector General and Comptroller shall
continue in existence until the end of
November 3, 1961. The personnel, offices,
entities, property, records, and funds of
such agencies and office may be utilized
by the Secretary prior to the abolition of
such agencies and office.
SEC. 104. 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 as
the chief of mission, class 3 and class 4,
within the meaning of the Foreign Serv-
ice Act of 1946 (60 Stat. 999; 22 U.S.C.
801 et seq.), all under section 631 of the
Act, shall be subject to the approval of
the Secretary.
SEC. 105. Munitions control. In carry-
ing out the functions conferred upon the
President by section 414 of the Mutual
Security Act of 1954, the Secretary shall
consult with appropriate agencies. Des-
ignations, including changes in designa-
tions, by the Secretary of articles which
shall be considered as arms, ammunition,
and implements of war, including tech-
nical data relating thereto, under that
section shall have the concurrence of the
Secretary of Defense.
Sze. 106. Office of Small Business.
The Office of Small Business provided
for in section 602(b) of the Act shall be
in the Department of State.
PART II. DEPARTMENT OF DEFENSE
SEC. 201. Delegation of functions.
Subject to the provisions of this order,
there are hereby delegated to the Secre-
tary of Defense:
(a) The functions conferred upon the
President by Part II of the Act not other-
wise delegated or reserved to the
President.
(b) To the extent that they relate to
other functions under the Act admin-
istered by the Department of Defense,
the functions conferred upon the Presi-
dent by sections 602(a), 605(a), 625(a),
625(h), 627, 628,631(a), 634(b), 635(b),
and 635(d) of the Act.
(c) The function conferred upon the
obrOniitsalk-Atiagnzo
President by the fourth and fifth provisos
of section /08 of the Mutual Security
Appropriation Act, 1956 (69 Stat. 438).
SEC. 202. Reports and information.
In carrying out the functions under sec-
tion 634(b) of the .Act delegated to him
by the provisions of section 201(b) of
this order, the Secretary of Defense shall
consult with the Secretary of State.
SEC. 203. Exclusions from delegation
to Secretary of Defense. The following-
described functions conferred upon the
President by the Act are excluded from
the functions delegated by the provi-
sions of section 201(a) of this order:
(a) Those under section 506(a) (in-
troductory clause) of the Act.
(b) Those under sections 506(b) (1) ,
(2), and (3) of the Act to the extent
that they pertain to countries which
agree to the conditions set forth therein.
(c) So much of those under section
511(b) of the Act as consists of deter-
mining that internal security Irequire-
ments may be the basis for programs of
military assistance in the forth of de-
fense services and reporting any such
determination.
(d) That of making the determina-
tion provided for in section 507(a) of
the Act.
(e) Those of negotiating, concluding,
and terminating international agree-
ments.
PART III. OTHER AGENCIES
SEC. 301. Department of the Treasury.
There is hereby delegated to the Secre-
tary of the Treasury the function con-
ferred upon the President by the second
sentence of section 612 of the Act.
SEC. 302. Department of Commerce.
There is hereby delegated to the Secre-
tary of Commerce so much of the func-
tions conferred upon the President by
section 601(b) (I) of the Act as consists
of drawing the attention of private en-
terprise to opportunities for investment
and development in less-developed
friendly countries and areas.
SEC. 303. Civil Service Commission:
There is hereby delegated to the Chair-
man of the Civil Service Commission the
function of prescribing regulations con-
ferred upon the President by the proviso
contained in section 625(b) of the Act.
SEC. -304. United States Information
Agency. The United States Information
Agency shall perform all public-informa-
tion functions abroad with respect to the
foreign-assistance, aid, and development
programs of the United States Govern-
ment.
SEC. 305. Development Loan Commit-
tee. There is hereby established a
Development Loan Committee in ac-
cordance with section 204 of the Act.
The Committee shall consist of the Ad-
ministrator of the Agency for Interna-
Mgegtoralpzaro of thshealBloarbde
of Directors of the Export-Import Bank
vsmamsiikt,_disf.rsssrarmsrzssamgsmigamsow_
e- (a) Ref erMes in this order or in any
of Washinatkaattrt Swig (VoLamittailocalMsai
of State f Aar
sistant Secretary of the Treasury deal-
ing with international finance, and the
officer of the Agency for International
Development dealing with development
financing.
PART IV. RESERVED FUNCTIONS
SEC. 401. Reservation of functions to
the President. There are hereby exclud-
ed from the functions delegated by the
foregoing provisions of this order:
(a) The function., conferred upon the
President by sections 504(b) , 613(a),
614(a), 620(a), 620(d), 621(a), 622(b),
622(c), 633(a), 633(b), and 634(a) of the
Act.
(b) The functions conferred upon the
President by the Act and section 408(b)
of the Mutual Security Act of 1954 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 offi-
cers pursuant to section 624(c) of the
Act and the function so conferred by sec-
tion 204 of the Act of assigning officers
to the Development Loan Committee.
(c) The functions conferred upon the
President with respect to determinations,
certifications, directives, or transfers of
funds, as the case may be, by sections
202(b), 205, 303, 506(b) (4), 510(a),
604(a), 610, 614(c), 624(e) (7), 632(b),
634(c), and 643(d) of the Act:
(d) The following-described functions
conferred upon the President:
(1) Those under section 503 with
respect to findings.
(2) Those under sections 506(b) (1),
(2), and (3) in respect of countries which
do not agree to the conditions set forth
therein.
(3) Those under section 511 (b) , except
the functions of determining that inter-
nal security requirements may be the
basis for programs of military assistance
In the form of defense services and re-
porting any such determination.
(4) That under section 614(b) with
respect to determining any provisions of
law to be disregarded to achieve the
purpose of that section.
(e) Those with respect to determina-
tions under sections 103(b) (first pro-
viso), 104 and 203 of the Mutual Defense
Assistance Control Act of 1951.
(f) That under section 523(d) of the
Mutual Security Act of 1954.
(g) Those under section 107 of the
Foreign Assistance and Related Agencies
Appropriation Act, 1962 (75 Stat. 717),
and those with respect to determination
and certification under sections 109 and
602, respectively, of that act.
- PART V. FUNDS
SEC. 501. Allocation of funds. Funds
appropriated or otherwise made available
to the President for carrying out the
Act shall be deemed to be allocated with-
out any further action of the President,
as follows:
SHDr uh 1?013370R000590011100749Foreign
for carrying out the Act except those Assistance Act of 1961 (including refer-
made available for carrying out Part It ences herein to "the Act"), (2) unre-
of the Act. . pealed provisions of the Mutual Security
(b) There are allocated to the Secre- Act of 1954, (3) any other act which
tary of Defense funds made available for
carrying out Part II of the Act.
SEC. 502. Reallocation of funds. The
Secretary of State and the Secretary of
Defense may allocate or transfer as ap-
propriate any funds received under sub-
sections (a) and (b), respectively, of
section 501 of this order, to any agency,
or part thereof, for obligation or expendi-
ture thereby consistent with applicable
law.
PART VI. GENERAL PROVISIONS
SEC. 601. Definitions. (a) As used hi
this order, the words "the Act" mean
the Foreign Assistance Act of 1961 ex-
clusive of Part IV thereof.
(b) As used in this order, the word
"function" or "functions" includes any
duty, obligation, power, authority, re-
sponsibility, right, privilege, discretion, or
activity.
SEC. 602. Incidental transfers. (a) Ef-
fective at the end of November 3, 1961,
all offices, entities, property, and records
of the corporate Development Loan Fund,
not otherwise disposed of by the Act, are
hereby transferred to the Department of
' State.
(b) So much of the records of the
the Export-Import Bank of Washington
as the Director of the Bureau of the
Budget shall determine to be necessary
for the purposes of section 621(e) of the
Act shall be transferred to the Depart-
ment of State.
SEC. 603. Personnel. (a) In carrying
out the functions conferred upon the
President by the provisions of section
625(d) (1) of the Act, and by this order
delegated to the Secretary of State, the
Secretary shall authorize such of the
agencies which administer programs
under the Act as he may deem appro-
priate to perform any of the functions
under section 625(d) (1) 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 sec-
tion 527(e) of the Mutual Security Act
of 1954 or section 625(d) of the Act for
the purpose of performing functions un-
der 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 pro-
vided by section 528 of the Foreign Serv-
ice Act of 1946 in cases in which their
service under the appointment, employ-
ment, or assignment exceeds thirty
months.
SEC. 604. References to orders and
Acts. Except as ma y for any reason be
Inappropriate:
relates to the subject of this order, or
(4) any provisions of any thereof shall
be deemed to include references thereto,
respectively, as amended from time to
time.
(b) References in any prior Executive
order to the Mutual Security Act of 1954
or any provisions thereof shall be deemed
to be references to the Act or the corre-
sponding provision, if any, thereof.
(c) References in this order to pro-
visions of any appropriation Act, and
references in any other Executive order
to provisions of any appropriation Act
related to the subject of this order, shall
be deemed to include references to any
hereafter-enacted provisions of law
which are the same or substantially the
same as such appropriation Act provi-
sions, 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 pro-
visions, if any, of this order.
SEC. 605. Superseded orders. The fol-
lowing are hereby superseded:
(a) Executive Order No. 10893 of No-
vember 8, 1960 (25 F.R. 10731), except
Part II thereof and except for the pur-
poses of using funds pursuant to section
643(c) of the Act.
(b) Section 2 of Executive Order No.
10915 of January 24, 1961 (26 P.R. 481).
(c) Executive Order No. 10955 of July
31, 1961 (26 F.R. 6967).
SEC. 606. Saving provisions. Except to
the extent that they may be inconsistent
with this order, all determinations, au-
thorizations, regulations, rulings, certifi-
cates, orders, directives, contracts, agree-
ments, and other actions made, issued,
or entered into with respect to any func-
tion affected by this order and not re-
voked, superseded, or otherwise made in-
applicable before the date of this order,
shall continue in full force and effect un-
til amended, modified, or terminated by
appropriate authority.
SEC. 607. Effective date. The provi-
sions of this order shall become effective
as of September 30, 1961.
JOHN F. KENNEDY
THE WHITE HOUSE,
November 3,1961.
1P.R. Doe. 61-10712; Filed, Nov. 6, 1901;
11:49 a.m.]
12 cc-
Approved For Release 2000/08/30 : CIA-RDP80-01370R000500010007-9