Executive Order 12738

By the authority vested in me as President by the Constitution and the laws of the United States of America, including section 621 of the Foreign Assistance Act of 1961, as amended (22 U.S.C. 2381), and section 301 of title 3 of the United States Code, and in order to delegate certain functions to the Secretary of State, the Secretary of Defense, and the Administrator of the Agency for International Development, it is hereby ordered as follows:

Section 1.⁠

Section 1-102(a) of Executive Order No. 12163, as amended, is further amended by:

(1) amending paragraph (1) to read as follows:

‘‘(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) striking out paragraphs (5), (6), and (7) and redesignating paragraphs ‘‘(8)’’, ‘‘(9)’’, ‘‘(10)’’, and ‘‘(11)’’ as paragraphs ‘‘(5)’’, ‘‘(6)’’, ‘‘(7)’’, and ‘‘(8)’’, respectively;

(3) amending paragraph (5), as redesignated by this Executive order, to read as follows:

‘‘(5) section 1205(b) of the International Security and Development Cooperation Act of 1985 (hereinafter referred to as the ‘‘ISDCA of 1985’’);’’

(4) amending paragraph (6), as redesignated by this Executive order, to read as follows:

‘‘(6) 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;’’

(5) amending paragraph (7), as redesignated by this Executive order, to read as follows:

‘‘(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), to be exercised by the Administrator of the Agency for International Development within IDCA;’’ and

(6) inserting the following new paragraph:

‘‘(9) section 514 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167), insofar as they relate to the authority contained in section 109 of the Act, to be exercised by the Administrator of the Agency for International Development within IDCA.’’

Sec. 2.⁠

Section 1-102 of Executive Order No. 12163, as amended, is further amended by striking out subsections (b) and (c) and redesignating subsections ‘‘(d)’’, ‘‘(e)’’, ‘‘(f)’’, and ‘‘(g)’’ as ‘‘(b)’’, ‘‘(c)’’, ‘‘(d)’’, and ‘‘(e)’’, respectively.

Sec. 3.⁠

Section 1-201(a) of Executive Order No. 12163, as amended, is further amended by:

(1) redesignating paragraphs (2) through (8) as paragraphs (3) through (9), respectively:

(2) redesignating paragraphs (9) through (31) as paragraphs (11) through (33), respectively; and

(3) inserting, in the appropriate place, the following new paragraphs:

‘‘(2) section 451 of the Act;’’ and

‘‘(10) 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;’’.

Sec. 4.⁠

Section 1-201(a) of Executive Order No. 12163, as amended, is further amended by:

(1) amending paragraphs (28), (29), (30), (31), and (32), as redesignated by this Executive order, to read as follows:

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

‘‘(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), and section 548 of such Act, 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);

‘‘(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), 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), which shall be exercised in consultation with the Secretary of Defense;’’

(2) striking out the period at the end of paragraph (33), as redesignated by this Executive order, and inserting in lieu thereof a semicolon; and

(3) adding the following new paragraphs:

‘‘(34) 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) 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) section 12 of the International Narcotics Control Act of 1989 (Public Law 101-231).’’

Sec. 5.⁠

Section 1-301 of Executive Order No. 12163, as amended, is further amended by:

(1) amending subsection (f) to read as follows:

‘‘(f) 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).’’; and

(2) adding the following new subsection:

‘‘(g) The functions conferred upon the President under section 3 of the International Narcotics Control Act of 1989 (Public Law 101-231), which shall be exercised in consultation with the Secretary of State.’’

Sec. 6.⁠

Section 1-701 of Executive Order No. 12163, as amended, is further amended —

(1) in subsection (a), by striking out ‘‘451,’’; and

(2) by amending subsection (d) to read as follows:

‘‘(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; those under section 604(a) of the Act except insofar as they relate to procurement under chapter 1 of part I and chapter 4 of part II.’’

Sec. 7.⁠

Section 1(e) of Executive Order No. 11958, as amended, is further amended by striking out ‘‘and section 580 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1989 (Public Law 100-461)’’, and inserting in lieu thereof ‘‘and section 571 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167)’’.

George Bush⁠

The White House,

December 14, 1990.

Notes

Amends:

• Executive Order 11958, January 18, 1977;
• Executive Order 12163, September 29, 1979