made available without interfering unduly with domestic programs. (Pub. L. 87-195, pt. III, § 621, Sept. 4, 1961, 75 Stat. 445; Pub. L. 97-565, pt. III, § 302(a), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88-205, pt. III, § 302(a), Dec. 16, 1963, 77 Stat. 388.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 87-195. For classification of Pub. L. 87-195 in the Code, see reference in text note under section 2151 of this title.

AMENDMENTS

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 deleted the designation “(a)" from the provisions of former subsec. (a), now entire section, and repealed subsecs. (b)—(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 Exportsection under of Import Bank Title 7.

Agriculture.

1704(e)

Ex. ORD. No. 10973. ADMINISTRATION OF FOREIGN ASSISTANCE AND RELATED FUNCTIONS

Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, provided: By virtue of the authority vested in me by the Foreign Assistance Act of 1961 (75 Stat. 424) [this chapter] and section 301 of title 3 of the United States Code, and as President of the United States, it is hereby ordered as follows:

PART I.-DEPARTMENT OF STATE

SECTION 101. Delegation of functions. Exclusive of the functions otherwise delegated, or reserved to the President, by the provisions of this order, and 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) the act (as defined in Part VI hereof), (2) the act to provide for assistance in the development of Latin America and in the reconstruction of Chile, and for other purpose (74 Stat. 869; 22 U.S.C. 1942 et seq.), (3) the Mutual Defense Assistance Control Act of 1951 (65 Stat. 644; 22 U.S.C. 1611 et seq.), (4) the unrepealed provisions of the Mutual Security Act of 1954 (68 Stat. 832; U.S.C. 1750 et seq.), and (5) those provisions of acts appropriating funds under the authority of the act which relate to the act.

SEC. 102. Agency for International Development. (a) The Secretary shall establish an agency in the Department of State to be known as the Agency for International 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 [section 2384 (a)(1) of this title]. Nothing in this order shall be construed as affecting the tenure of the said Administrator now in office.

(c) The officers provided for in sections 624 (a) (2) and 624 (a)(3) of the Act [section 2384 (a) (2), (3) of this title] shall serve in the Agency.

SEC. 103. Continuation of prior agencies. The corporate Development Loan Fund, the International Cooperation Administration, and the Office of the Inspector 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.

The

et seq.), all under section 631 of the Act [section 2391 of this title], shall be subject to the approval of the Secretary.

SEC. 105. Munitions control. In carrying out the functions conferred upon the President by section 414 of the Mutual Security Act of 1954 [section 1934 of this title], the Secretary shall consult with appropriate agencies. Designations, including changes in designations, by the Secretary of articles which shall be considered as arms, ammunition, and implements of war, including technical data relating thereto, under that section shall have the concurrence of the Secretary of Defense.

SEC. 106. Office of Small Business. The Office of Small Business provided for in section 602(b) of the Act [section 2352(b) of this title] 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 Secretary of Defense:

(a) The functions conferred upon the President by Part II of the Act [sections 2301-2319 of this title] 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(h), 627, 628, 631 (a). 634 (b), 635(b), and 635(d) of the Act [sections 2352(a). 2355(a), 2385(a), (h), 2387, 2388, 2391(a), 2394(b), 2395 (b), (d), of this title].

(c) The function conferred upon the President by section 644(1) of the Act [section 2403 (1) of this title].

(d) The functions conferred upon the President by the fourth and fifth provisos of section 108 of the Mutual Security Appropriation Act, 1956 (69 Stat. 438).

SEC. 202. Reports and information. In carrying out the functions under section 634 (b) of the Act [section 2394 (b) of this title] 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 provisions of section 201(a) of this order:

(a) Those under section 506(a) (introductory clause) of the Act [section 2314(a) of this title].

(b) Those under sections 506(b)(1), (2), and (3) of the Act [section 2314(b) (1), (2), and (3) of this title] 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 [section 2319 (b) of this title] as consists of determining that internal security requirements may be the basis for programs of military assistance in the form of defense services and reporting any such determination.

(d) That of making the determination provided for in section 507 (a) of the Act [section 2315(a) of this title]. (e) Those of negotiating, concluding, and terminating international agreements.

PART III.-OTHER AGENCIES

SEC. 301. Department of the Treasury. There is hereby delegated to the Secretary of the Treasury the function conferred upon the President by the second sentence of section 612 of the Act [section 2362 of this title].

SEC. 302. 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 [section 2351(b) (1) of this title] as consists of drawing the attention of private enterprise to opportunities for investment and development in lessdeveloped friendly countries and areas.

SEC. 303. Civil Service Commission. There is hereby delegated to the Chairman of the Civil Service Commission the function of prescribing regulations conferred upon the President by the proviso contained in section 625(b) of the Act [section 2385 (b) of this title].

The

SEC. 304. United States Information Agency. United States Information Agency shall perform all public-information functions abroad with respect to the foreign-assistance, aid, and development programs of the United States Government.

SEC. 305. Development Loan Committee. There is hereby established a Development Loan Committee in accordance with section 204 of the act [section 2164 of this title]. The Committee shall consist of the Administrator of the Agency for International Development, who shall be chairman, the Chairman of the Board of Directors of the Export-Import Bank of Washington, the Assistant Secretary of State for Economic Affairs, the Assistant Secretary of the Treasury dealing 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 excluded from the functions delegated by the foregoing provisions of this order:

(a) The functions 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 [sections 2312(b), 2363 (a), 2364 (a), 2370(a), (d), subsection (a) of this section, 2382(b), (c), 2393(a), (b), and 2394 (a) of this title].

(b) The functions conferred upon the President by the Act [this chapter] and section 408(b) of the Mutual Security Act of 1954 [section 1928 (b) of this title] 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 section 624 (c) of the Act [section 2384 (c) of this title] and the function so conferred by section 204 of the Act [section 2164 of this title] 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 [sections 2162 (b), 2165, 2223, 2314(b) (4), 2318(a), 2354(a), 2360, 2364 (c), 2384 (e) (7), 2392 (b), 2394 (c), and 2402(d) of this title].

(d) The following-described functions conferred upon the President:

(1) Those under section 503 [section 2311 of this title] with respect to findings.

(2) Those under sections 506(b) (1), (2), and (3) [section 2314(b) (1), (2), and (3) of this title] in respect of countries which do not agree to the conditions set forth therein.

(3) Those under section 511(b) [section 2319(b) of this title], except the functions of determining that internal security requirements may be the basis for programs of military assistance in the form of defense services and reporting any such determination.

(4) That under section 614(b) [section 2364(b) of this title] with respect to determining any provisions of law to be disregarded to achieve the purpose of that section.

(e) Those with respect to determinations under sections 103(b) (first proviso), 104 and 203 of the Mutual Defense Assistance Control Act of 1951 [sections 1611b (b) (first proviso), 1611c and 1612b of this title].

(f) That under section 523 (d) of the Mutual Security Act of 1954 [section 1783 (d) of this title].

(g) Those under section 107 of the Foreign Assistance and Related Agencies Appropriation Act, 1962 (75 Stat. 717) [set out as a note under section 2151 of this title], 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 without any further action of the President, as follows:

(a) There are allocated to the Secretary of State all funds made available for carrying out the Act except those made available for carrying out Part II of the Act [sections 2301-2319 of this title].

(b) There are allocated to the Secretary of Defense funds made available for carrying out Part II of the Act [sections 2301-2319 of this title].

SEC. 502. Reallocation of funds. The Secretary of State and the Secretary of Defense may allocate or transfer as appropriate any funds received under subsections (a) and

(b) respectively, of section 501 of this order, to any agency, or part thereof, for obligation or expenditure thereby consistent with applicable law.

PART VI. GENERAL PROVISIONS

SEC. 601. Definitions. (a) As used in this order, the words "the Act" mean the Foreign Assistance Act of 1961 [this chapter] exclusive of Part IV thereof.

(b) As used in this order, the word "function" or "functions" includes any duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity.

SEC. 602. Incidental transfers. (a) Effective 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 [this chapter] are hereby transferred to the Department of State.

(b) So much of the records of 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 [subsec. (e) of this section] shall be transferred to the Department 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 [section 2385(d)(1) of this title], and by this order delegated to the Secretary of State, the Secretary shall authorize such of the agencies which administer programs under the Act [this chapter] as he may deem appropriate to perform any of the functions under section 625(d) (1) of the Act [section 2385(d) (1) of this title] 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 section 1787(c) of this title] or section 625 (d) of the Act [section 2385 (d) of this title] 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 528 of the Foreign Service Act of 1946 [section 928 of this title] in cases in which their service under the appointment, employment, or assignment exceeds thirty months. SEC. 604. 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 (including references herein to "the Act") [this chapter], (2) unrepealed provisions of the Mutual Security Act of 1954 [section 1750 et seq. of this title], (3) any other act which 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 [section 1750 et seq. of this title] or any provisions thereof shall be deemed to be references to the Act or the corresponding provision, if any, thereof.

(c) References in this order to provisions 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 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.

SEC. 605. Superseded orders. The following are hereby superseded:

(a) Executive Order No. 10893 of November 8, 1960 (25 F.R. 10731), except Part II thereof and except for the purposes of using funds pursuant to section 643 (c) of the Act.

(b) Section 2 of Executive Order No. 10915 of January 24, 1961 (26 F.R. 781).

(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, 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.

SEC. 607. Effective date. The provisions of this order shall become effective as of September 30, 1961.

JOHN F. KENNEDY

§ 2382. Coordination with foreign policy.

(a) Powers or functions of Secretary of State.

Nothing contained in this chapter shall be construed to infringe upon the powers or functions of the Secretary of State.

(b) Coordination among representatives of United States.

The President shall prescribe appropriate procedures to assure coordination among representatives of the United States Government in each country, under the leadership of the Chief of the United States Diplomatic Mission. The Chief of the diplomatic mission shall make sure that recommendations of such representatives pertaining to military assistance are coordinated with political and economic considerations, and his comments shall accompany such recommendations if he so desires. (c) Responsibility for supervision and general direction of assistance programs.

Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision and general direction of the assistance programs authorized by this chapter, including but not limited to determining whether there shall be a military assistance program for a country and the value thereof, to the end that such programs are effectively integrated both at home and abroad and the foreign policy of the United States is best served thereby. (Pub. L. 87-195, pt. III, § 622, Sept. 4, 1961, 75 Stat. 446.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 87-195. For classification of Pub. L. 87-195 in the Code, see reference in text note under section 2151 of this title.

Ex. ORD. NO. 10338. COORDINATION PROCEDURES Ex. Ord. No. 10338, Apr. 4, 1952, 17 F.R. 3009, provided: SECTION 1. Functions of the Chief of the United States Diplomatic Mission. (a) The Chief of the United States Diplomatic Mission in each country, as the representative of the President and acting on his behalf, shall coordinate the activities of the United States representatives (including the chiefs of economic missions, military assistance advisory groups, and other representatives of agencies of the United States Government) in such country engaged in carrying out programs under the Mutual Security Act of 1951 (hereinafter referred to as the Act) [former section 1509 et seq. of this title], and he shall assume responsibility for assuring the unified development and execution of the said programs in such country. More particularly, the functions of each Chief of United States Diplomatic Mission shall include, with respect to the programs and country concerned:

(1) Exercising general direction and leadership of the entire effort.

(2) Assuring that recommendations and prospective plans and actions of the United States representatives are effectively coordinated and are consistent with and

in furtherance of the established policy of the United States.

(3) Assuring that the interpretations and application of instructions received by the United States representatives from higher authority are in accordance with the established policy of the United States.

(4) Guiding the United States representatives in working out measures to prevent duplication in their efforts and to promote the most effective and efficient use of all United States officers and employees having mutual security responsibilities.

(5) Keeping the United States representatives fully informed as to current and prospective United States policies.

(6) Prescribing procedures governing the coordination of the activities of the United States representatives. and assuring that these representatives shall have access to all available information essential to the accomplishment of their prescribed duties.

(7) Preparing and submitting such reports on the operation and status of the programs under the Act as may be directed by the Director for Mutual Security.

(b) Each Chief of United States Diplomatic Mission shall perform his functions under this order in accordance with instructions from higher authority and subject to established policies and programs of the United States.

(c) No Chief of United States Diplomatic Mission shall delegate any function conferred upon him by the provisions of this order which directly involves the exercise of direction, coordination, or authority.

SEC. 2. Referral of unresolved matters. The Chief of the United States Diplomatic Mission in each country shall initiate steps to reconcile any divergent views arising in the country concerned with respect to programs under the Act. If agreement cannot be reached the Chief of the United States Diplomatic Mission shall recommend a course of action, and such course of action shall be followed unless a United States representative requests that the issue be referred to higher authority for decision. If such a request is made, the parties concerned shall promptly refer the issue to higher authority for resolution prior to taking action at the country level. The Director for Mutual Security shall assure expeditious decisions on matters so submitted.

SEC. 3. Effect of order on United States representatives. (a) All United States representatives in each country shall be subject to the responsibilities imposed upon the Chief of the United States Diplomatic Mission in such country by section 507 of the Mutual Security Act of 1951 [former section 1658 of this title] and by this order.

(b) Subject to compliance with the provisions of this order and with the prescribed procedures of their respective agencies, all United States representatives affected by this order (1) shall have direct communication with their respective agencies and with such other parties and in such manner as may be authorized by their respective agencies, (2) shall keep the respective Chiefs of United States Diplomatic Missions and each other fully and currently informed on all matters, including prospective plans, recommendations, and actions, relating to programs under the Act, and (3) shall furnish to the respective Chiefs of United States Diplomatic Missions, upon their request, documents and information concerning the said programs.

SEC. 4. Further coordination procedures. The Director for Mutual Security shall be responsible for assuring the carrying out of the provisions of this order. He is authorized to prescribe, after consultation with the interested Government agencies, any additional procedures he may find necessary to carry out the provisions of this order. SEC. 5. Prior orders.

(a) To the extent that provisions of any prior order are inconsistent with the provisions of this order, the latter shall control, and any such prior provisions are amended accordingly. All orders, regulations, rulings, certificates, directives, and other actions relating to any function affected by this order shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority.

(b) Nothing in this order shall affect Executive Orders Nos. 10062, 10063, and 10144 of June 6, 1949, June 13, 1949, and July 21, 1950, respectively.

(c) Executive Orders Nos. 9857, 9862, 9864, 9914, 9944, 9960, 10208, and 10259 of May 22, 1947, May 31, 1947, December 26, 1947, April 9, 1948, May 19, 1948, January 25, 1951, and June 27, 1951, respectively, are hereby revoked. Ex. ORD. No. 10893. ADMINISTRATION OF MUTUAL SECURITY AND RELATED FUNCTIONS

Ex. Ord. No. 10893, Nov. 8, 1960, 25 F.R. 10731, as amended by Ex. Ord. No. 10900, Jan. 5, 1961, 26 F.R. 143; Ex. Ord. No. 10915, Jan. 24, 1961, 26 F.R. 781; Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469, provided:

By virtue of the authority vested in me by the Mutual Security Act of 1954, 68 Stat. 832, as amended (22 U.S.C. 1750 et seq.), and section 301 of title 3 of the United States Code, and as President of the United States and Commander in Chief of the armed forces of the United States, it is ordered as follows:

PART I ASSIGNMENT OF FUNCTIONS AND DUTIES [Superseded by Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469]

PART II-COORDINATION AND SUPERVISION OF FUNCTIONS ABROAD

SEC. 201. Functions of Chiefs of United States Diplomatic Missions. The several Chiefs of the United States Diplomatic Missions in foreign countries, as the representatives of the President and acting on his behalf, shall have and exercise, to the extent permitted by law and in accordance with such instructions as the President may from time to time promulgate, affirmative responsibility for the coordination and supervision over the carrying out by agencies of their functions in the respective countries.

PART III-GENERAL PROVISIONS [Superseded by Ex. Ord. No. 10973, Nov. 3, 1961, 26 F.R. 10469]

§ 2383. Secretary of Defense; responsibilities; priorities in procurement, delivery, and allocation of military equipment.

(a) In the case of assistance under subchapter II of this chapter, the Secretary of Defense shall have primary responsibility for

(1) the determination of military end-item requirements;

(2) the procurement of military equipment in a manner which permits its integration with service programs;

(3) the supervision of end-item use by the recipient countries;

(4) the supervision of the training of foreign military personnel;

(5) the movement and delivery of military enditems; and

(6) within the Department of Defense, the performance of any other functions with respect to the furnishing of military assistance.

(b) The establishment of priorities in the procurement, delivery, and allocation of military equipment shall be determined by the Secretary of Defense. (Pub. L. 87-195, pt. III, § 623, Sept. 4, 1961, 75 Stat. 446.)

§ 2384. Statutory officers. (a) Appointment.

The President may appoint, by and with the advice and consent of the Senate, twelve officers in the agency primarily responsible for administering subchapter I of this chapter, and in the selection of one of such persons due consideration shall be given to persons qualified as professional engineers.

(b) Rate of compensation; title of officers; order of succession.

Within the limitations established by subsection (a) of this section, the President may fix the rate of compensation, and may designate the title of, any officer appointed pursuant to the authority contained in that subsection. The President may also fix the order of succession among the officers provided for in paragraph (3) of subsection (a) of this section in the event of the absence, death, resignation, or disability of the officers provided for in paragraphs (1) and (2) of that subsection. (c) Appointment of certain statutory officers to comparable positions.

Any person who was appointed by and with the advice and consent of the Senate, to any statutory position authorized by any provision of law repealed by section 642 (a) and who is serving in one of such positions at the time of transfer of functions pursuant to subsections (c) and (d) of section 2381 of this title, may be appointed by the President to a comparable position authorized by subsection (a) of this section on the date of the establishment of the agency primarily responsible for administering subchapter I of this chapter, without further action by the Senate.

(d) Additional appointments; transfer of personnel, property, records, and funds of Office of Inspector General and Comptroller; duties and responsibilities of Inspector General; access to records; suspension of projects or operations; expenses. (1) In addition to the officers provided for in subsection (a) of this section, there shall be in the Department of State an officer with the title of "Inspector General, Foreign Assistance," who shall be appointed by the President, by and with the advice and consent of the Senate. In addition, there shall be one Deputy Inspector General, Foreign Assistance, who shall be appointed by the President by and with the advice and consent of the Senate, and two Assistant Inspector Generals, Foreign Assistance, who shall be appointed by the President, and such other personnel as may be required to carry out the functions vested in the Inspector General, Foreign Assistance, by this subsection. withstanding any other provisions of law, such of the personnel employed under the authority of section 533A of the Mutual Security Act of 1954, as amended, as the Inspector General, Foreign Assistance, may designate, and such of the property, records, and funds of the office established by such section 533A as the Inspector General, Foreign Assistance, may deem necessary, may be transferred to the office of the Inspector General, Foreign Assistance.

Not

(2) The Inspector General, Foreign Assistance, shall report directly to the Secretary of State and shall have the following duties and responsibilities:

(A) He shall arrange for, direct or conduct such reviews, inspections and audits of programs being conducted under subchapter I of this chapter and of the Peace Corps, and programs being conducted by United States Government agencies under sections 1942-1945 of this title as he considers necessary for the purpose of ascertaining the efficiency and the economy of their administration,

their consonance with the foreign policy of the United States, and the attainment of their objectives.

(B) For the purpose of ascertaining the extent to which programs of assistance being carried out under subchapter II of this chapter and the Agricultural Trade Development and Assistance Act of 1954, as amended, are in consonance with the foreign policy of the United States, are aiding in the attainment of the objectives of this chapter, and are being carried out consistently with the responsibilities with respect thereto of the respective United States chiefs of missions and of the Secretary of State, as well as the efficiency and the economy with which such responsibilities are discharged, he shall arrange for, direct or conduct such reviews, inspections and audits of programs of assistance under subchapter II of this chapter and the Agricultural Trade Development and Assistance Act of 1954, as amended, as he considers necessary.

(3) The Inspector General, Foreign Assistance, shall maintain continuous observation and review of programs with respect to which he has responsibilities under paragraph (2) of this subsection for the purpose of—

(A) determining the extent to which such programs are in compliance with applicable laws and regulations;

(B) making recommendations for the correction of deficiencies in, or for improving the organization, plans or procedures of, such programs; and

(C) evaluating the effectiveness of such programs in attaining United States foreign policy objectives and reporting to the Secretary of State with respect thereto.

(4) In order to eliminate duplication and to assure full utilization of existing data, the Inspector General, Foreign Assistance, shall, in carrying out his duties under this chapter, give due regard to the audit, investigative and inspection activities of the various agencies, including those of the General Accounting Office and of the military Inspectors General.

(5) For the purpose of aiding in carrying out his duties under this chapter, the Inspector General, Foreign Assistance, shall have access to all records, reports, audits, reviews, documents, papers, recommendations, or other material of the agencies of the United States Government administering subchapter I or II of this chapter, and sections 1942-1945 of this title, the Peace Corps or the Agricultural Trade Development and Assistance Act of 1954, as amended. All agencies of the United States Government shall cooperate with the Inspector General, Foreign Assistance, and shall furnish assistance upon request to the Inspector General, Foreign Assistance, in aid of his responsibilities.

(6) The Inspector General, Foreign Assistance, shall have authority to suspend all or any part of any project or operation (but not a country program) with respect to which he has conducted or is conducting an inspection, audit or review provided he first has given written notice to the Secretary of State. Any such suspension shall remain effective

until such program or part thereof is ordered resumed by the Inspector General, Foreign Assistance, or by the Secretary of State. This paragraph shall not apply to subchapter II of this chapter, and with respect to the Agricultural Trade Development and Assistance Act of 1954, as amended, shall apply only to projects and operations administered by the Secretary of State.

(7) Expenses of the Inspector General, Foreign Assistance, with respect to programs under subchapter I or II of this chapter, and sections 1942-1945 of this title and the Peace Corps shall be charged to the appropriations made to carry out such programs, and with respect to programs under the the Agricultural Trade Development and Assistance Act of 1954, as amended, shall be charged to funds available under the authority of this chapter: Provided, That such appropriations shall not be charged with such expenses after the expiration of a thirtyfive day period which begins on the date the General Accounting Office, or any committee of the Congress, or any duly authorized subcommittee thereof, charged with considering legislation, appropriations, or expenditures under this chapter, has delivered to the Office of the Secretary of State a written request that it be furnished any document, paper, communication, audit, review, finding, recommendation, report, or other material which relates to the operation or activities of the Inspector General, Foreign Assistance, unless and until there has been furnished to the General Accounting Office, or to such committee, or subcommittee, as the case may be, (A) the document, paper, communication, audit. review, finding, recommendation, report, or other material so requested, or (B) a certification by the President personally that he has forbidden the furnishing thereof pursuant to such request and his reason for so doing. The waiver authority in section 2364(a) of this title and the provisions of section 2394(c) of this title shall not apply to this subsection. Such expenses shall not exceed $2,000,000 in any fiscal year. The Inspector General, Foreign Assistance, may make expenditures (not in excess of $2,000 in any fiscal year) of a confidential nature when he finds that such expenditures are in aid of inspections, audits or reviews under this subsection. A certificate of the amount of each such expenditure, the nature of which it is considered inadvisable to specify, shall be made by the Inspector General, Foreign Assistance, and every such certificate shall be deemed a sufficient voucher for the amount therein specified. (Pub. L. 87-195, pt. III, § 624, Sept. 4, 1961, 75 Stat. 447; Pub. L. 87-565, pt. III, § 302(b), Aug. 1, 1962, 76 Stat. 262; Pub. L. 88-205, pt. III, § 302(b), Dec. 16, 1963, 77 Stat. 388; Pub. L. 88-426, title III, § 305 (33), (42), Aug. 14, 1964, 78 Stat. 426, 428.)

REFERENCES IN TEXT

"This chapter", referred to in the text, was in the original "this Act", meaning Pub. L. 87-195. For classification of Pub. L. 87-195 in the Code, see reference in text note under section 2151 of this title.

Section 642(a), referred to in subsec. (c), means section 642 (a) of Pub. L. 87-195, which is set out as a note under section 2151 of this title.

Section 533A of the Mutual Security Act of 1954, as amended, referred to in subsec. (d) (1), was classified to section 1793a of this title, and was repealed by section 642 (a) of Pub. L. 87-195.