5 July 2006
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[Federal Register: July 5, 2006 (Volume 71, Number 128)]
[Notices]
[Page 38202-38205]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy06-93]
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DEPARTMENT OF STATE
[Delegation of Authority 293]
Delegation of Authority by the Secretary of State to Officers of
the Department of State and the Administrator of the U.S. Agency for
International Development of Authorities Under the Foreign Assistance
Act of 1961 and Other Related Acts
By virtue of the authority vested in me as Secretary of State by
the laws of the United States, including the Foreign Assistance Act of
1961, as amended, (22 U.S.C. 2151 et seq.) (the Act), Executive Order
12163 of September 29, 1979, as amended (44 FR 56673) (the Order), the
Migration and Refugee Assistance Act of 1962 (22 U.S.C 2601), and
section 1 of the State Department Basic Authorities Act, as amended (22
U.S.C. 2651a), I hereby delegate the following functions to the extent
authorized by law:
Section 1. Functions Delegated to the Director of Foreign Assistance
Exclusive of the functions otherwise reserved to the Secretary of
State herein, there are hereby delegated to the Director of Foreign
Assistance:
(a) The functions conferred upon the Secretary of State by sections
101(b), 531(b) and 622(c) of the Act, section 2(b) of the Arms Export
Control Act, and section 1523 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6593), including the authority to
provide for continuous supervision and general direction of development
and other economic assistance, military assistance, military education
and training, and foreign military financing, designing a U.S. foreign
assistance strategy and budgetary approach, determining whether there
shall be a program for a country and the amount thereof, and approving
the programming of foreign assistance.
(b) The functions conferred upon the Secretary by section 1-100 of
the Order and section 1 of Executive Order 11077 of January 22, 1963
(28 FR 629) insofar as such functions are necessary to approve
assistance and programs under chapters 3 and 8 of Part I of the Act,
Part II of the Act (including chapters 4, 6 and 8 thereof), and the
Migration and Refugee Assistance Act of 1962 (22 U.S.C 2601) as part of
a coordinated U.S. foreign assistance strategy.
Section 2. Functions Delegated to Other Officers of the Department of
State
Exclusive of the functions reserved to the Secretary or delegated
by section 1, the following functions are delegated to officers of the
Department of State as indicated:
(a) To the Under Secretary for Arms Control and International
Security:
(1) The functions conferred on the Secretary by Executive Order
11958 of January 18, 1977 (42 FR 4311) relating to sales and exports
under the Arms Export Control Act (22 U.S.C. 2751 et seq.).
(2) The functions conferred upon the Secretary of State by statute
or by section 2(b) of the Arms Export Control Act relating to
continuous supervision and general direction of military sales and
exports, including, but not limited to, whether there shall be a
military sale or export for a country and the value thereof, to the end
that such sales and exports are effectively integrated both at home and
abroad and the foreign policy of the United States is best served
thereby.
(3) The functions conferred on the Secretary of State by section
374 of Title 10, United States Code and other authorities and
responsibilities of the Secretary of State related to the provision of
Department of Defense equipment and services for narcotics-related
purposes.
(4) The functions conferred upon the Secretary of State by--
(A) Sections 39 and 42(b) of the Arms Export Control Act (22 U.S.C.
2751);
(B) Section 504 of the Foreign Relations Authorization Act, fiscal
year 1979 (22 U.S.C. 2656d);
(C) Section 1454(d)(1) of the Department of Defense Authorization
[[Page 38203]]
Act, Fiscal Year 1986 (Pub. L. 99-145, 10 U.S.C. 2547(d)(1)), and (to
the extent not otherwise expressly delegated or reserved) other
authorities and responsibilities of the Secretary of State relating to
the provision of Department of Defense equipment or services for
humanitarian purposes;
(D) Section 1324(a) of Title XII of the Defense Authorization Act,
Fiscal Year 1996 (Pub. L. 104-106); and
(E) Section 585 of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, Fiscal Year 1997, as enacted in
Public Law 104-208.
(5) The functions conferred on the President by--
(A) Section 8(d) of the act of January 12, 1971 to amend the
Foreign Military Sales Act (22 U.S.C. 2321b(d));
(B) Section 607 of the International Security Assistance and Arms
Export Control Act of 1976 (22 U.S.C. 2394a); and
(C) Section 1540(b)(1)(A) of the Department of Defense
Authorization Act, Fiscal Year 1985 (Pub. L. 98-525), to be exercised
in consultation with the Secretary of Defense.
(6) The function of consultation, pursuant to the Order and
Executive Order 11958 of January 18, 1977 (42 FR 4311), with the
Secretary of Defense, the Director of the Office of Management and
Budget, and the Administrator of the United States Agency for
International Development (USAID).
(7) To the extent that such functions were delegated to the
Secretary of State pursuant to Executive Order 12851 of June 11, 1993
(58 FR 33181), the functions conferred on the Secretary of State by
sections 1701-1703 of the National Defense Authorization Act for Fiscal
Year 1991 (NDAA) (Pub. L. 101-510; 50 U.S.C. App. 2402 note, 2405,
2410(b); 22 U.S.C. 2797-2797c), and all functions conferred on the
President by sections 1701-1703 of the NDAA; sections 303, 324, and
401-405 of the Foreign Relations Authorization Act, Fiscal Years 1992
and 1993 (Pub. L. 102-138); sections 305, 306, 308, and all of section
307 with the exception of subsection 307(b)(2)(F)(ii), of the Chemical
and Biological Weapons Control and Warfare Elimination Act of 1991
(Pub. L. 102-182; 50 U.S.C. App. 2410c; 22 U.S.C. 2798, 5604-5606);
sections 241 and 1097 of the National Defense Authorization Act of 1992
and 1993 (Pub. L. 102-190); and section 1364 of the National Defense
Authorization Act for Fiscal Year 1993 (Pub. L. 102-484).
(8) The functions specified in sections 504 and 508(b) of the
FREEDOM Support Act (22 U.S.C. 5801 et seq.).
(9) The function specified in section 5 of the United Nations
Participation Act of 1945, as amended (22 U.S.C. 287c), relating to the
implementation of United Nations arms embargoes, to the extent that
such functions were delegated to the Secretary of State pursuant to
Executive Order 12918 of May 26, 1994 (59 FR 28205).
(10) The functions specified in the Iran-Iraq Arms Non-
Proliferation Act of 1992 (Pub. L. 102-484), to the extent that such
functions were delegated to the Secretary of State pursuant to the
Presidential Memorandum Delegation of Authority dated September 27,
1994.
(11) The functions conferred on the Secretary of State in Executive
Order 12938 of November 14, 1994 (59 FR 59099).
(12) The functions conferred on the Secretary by the Chemical
Weapons Convention Implementation Act of 1998 (as contained in Pub. L.
105-277).
(13) The functions that were vested in the United States Arms
Control and Disarmament Agency before the effective date described in
section 1201 of the Foreign Affairs Reform and Restructuring Act of
1998 (as contained in Pub. L. 105-277), including any functions
conferred on the Director or any officer or employee of that agency,
and that are now conferred on the Secretary pursuant to the provisions
of the Act (including amendments made by that Act).
(b) To the Under Secretary for Management:
(1) The function of consultation with the Administrator of USAID
under the Order with respect to maximum compatibility in the
administration of the Foreign Service personnel system; and
(2) The function conferred on the Secretary of State by section 514
of the Mutual Security Act of 1954 (22 U.S.C. 1766).
(c) To the Under Secretary for Economic, Business and Agricultural
Affairs:
The functions conferred upon the Secretary of State by section 574
of the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 1996 (Pub. L. 104-107).
(d) To the Assistant Secretary for Economic and Business Affairs:
(1) The functions conferred upon the Secretary of State by sections
5(k) and 6(k) of the Export Administration Act of 1979 (50 U.S.C. App.
2404(k), 2405(k)) and the functions under sections 5(f)(4), 5(i), and
6(g) of such Act conferred upon the Secretary of State by section 1-
102(b) of Executive Order 12214 of May 2, 1980 (45 FR 29783), relating
to negotiations with other countries, subject to the concurrences
required by the Department of State Circular 175 Procedure;
(2) Those functions conferred upon the President by section
601(b)(6) of the Act; and
(3) The function conferred upon the Secretary of State by section
3(b) of Executive Order 10900 of January 5, 1961 (26 FR 143) of
ensuring that all functions exercised under the Agricultural Trade
Development and Assistance Act of 1954 (7 U.S.C. 1701 et seq.) are
consistent with the foreign policy of the United States.
(e) To the Assistant Secretaries:
(1) Principal responsibility consistent with section 1-604 of the
Order for concurrence of the Department of State, with the approval of
the Legal Adviser and in accordance with the Circular 175 Procedure, in
the negotiation, conclusion, and termination of international
agreements relevant to their respective areas of responsibility by
USAID pursuant to international agreement authorities conferred upon by
USAID by statute, Executive Order, delegation of authority, or
otherwise;
(2) The functions which may be necessary and appropriate to
implement the programs and activities for which they are responsible.
(f) To the Legal Adviser:
(1) The functions conferred upon the President by sections
601(b)(3), 601(b)(4), and 620(e)(2) of the Act.
(2) Responsibility for ensuring compliance with the Case Act (1
U.S.C. 112b) and applicable regulations and procedures, including the
Circular 175 Procedure, with respect to international agreements.
(g) To the Assistant Secretary for International Narcotics and Law
Enforcement Affairs:
(1) The functions of negotiating, concluding, and terminating
international agreements relating to international narcotics control
and anticrime programs subject to the concurrences required by the
Circular 175 Procedure; and
(2) The functions conferred upon the President by section 487 of
the Act, together with all those authorities contained in the Act to
the extent necessary or appropriate to accomplish the purpose of the
Act.
(h) To the Assistant Secretary for International Organization
Affairs:
The functions conferred upon the President by chapter 3 of part 1
of the Act. The functions under sections 301(d) and (e) shall be
exercised in consultation with the Administrator of USAID insofar as
they relate to international organizations and
[[Page 38204]]
programs whose purpose is primarily developmental.
(i) To the Coordinator for Counterterrorism:
The functions conferred upon the President by chapter 8 of part II
of the Act.
(j) To the Assistant Secretaries for International Organization
Affairs, International Narcotics and Law Enforcement Affairs, the
Coordinator for Counterterrorism, and the Assistant Secretary for
Western Hemisphere Affairs with regard to the functions delegated to
them herein:
The functions conferred upon the President by section 4 of
Executive Order 11223 of May 12, 1965 (30 FR 6635).
(k) To the Coordinator for East European Assistance and the Special
Advisor to the President and the Secretary of State on Assistance to
the New Independent States:
(1) The functions conferred upon the President by section 577 of
the Foreign Operations Act, Fiscal Year 1999 (as included in Pub. L.
105-277) and section 201 of the Support for East European Democracy
(SEED) Act of 1989, insofar as such functions relate to programs within
their respective areas of responsibility; and
(2) The functions that may be necessary and appropriate to
implement programs and activities for which they are responsible.
(l) To the Global AIDS Coordinator:
(1) The functions conferred upon the President by sections 202(c),
305, and 313 of the United States Leadership Against HIV/AIDS,
Tuberculosis, and Malaria Act of 2003 (Pub. L. 108-25), and by section
104A(e) of the Act of 1961, to provide the specified reports to the
Congress;
(2) The functions conferred upon the President by section 101 of
Public Law 108-25 to establish a comprehensive, integrated, 5-year
strategy to combat global HIV/AIDS and to submit to the appropriate
congressional committees a report setting forth the strategy; and
(3) The functions conferred upon the Secretary by section 525 of
Public Law 108-447 regarding the certification of specified benchmarks
for the Global Fund to Fight AIDS, Tuberculosis and Malaria (the Global
Fund).
Section 3. Functions Delegated to the Administrator of the United
States Agency for International Development
(a) Exclusive of the functions otherwise delegated by or reserved
to the Secretary of State herein, there are hereby delegated to the
Administrator of the United States Agency for International Development
(the Administrator):
(1) The functions conferred upon the President by part I of the Act
(including chapter 4 of part II thereof);
(2) The functions conferred upon the President by section 653 of
the Act insofar as such functions relate to chapters 1, 10, and 11 of
part I of the Act and funds appropriated under the heading ``Assistance
for Eastern Europe and the Baltic States'';
(3)(A) the functions conferred upon the President by--
(i) Sections 301(a) and 307 of the FREEDOM Support Act (22 U.S.C.
5801), except insofar as provided otherwise in section 2(b) of
Executive Order 12884 of December 1, 1993 (58 FR 64099);
(ii) Sections 498 and 498C(b)(2) of the Act;
(iii) Paragraph (3) of section 498A(c) of the Act and the
requirement to make reports under that section regarding determinations
under that paragraph;
(iv) Subsection (d) under the heading ``Assistance for the New
Independent States of the Former Soviet Union'' contained in title II
of Public Law 102-391; and
(v) Section 592 of Public Law 102-391, except to the extent
otherwise provided in section 5(b) of Executive Order 12884.
(B) Such functions shall be exercised subject to the authority of
the Coordinator under section 102(a) of the FREEDOM Support Act or
otherwise;
(4) The function conferred upon the President by the third proviso
under the heading ``Development Assistance'' contained in title II of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277),
insofar as such functions relate to part I (including chapter 4 of part
II) of the Act, excluding section 129 thereof relating to technical
assistance to foreign governments and chapter 3 thereof;
(5) The functions conferred upon the President by section 518 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277),
insofar as such functions relate to part I (including chapter 4 of part
II) of the Act, excluding section 129 thereof relating to technical
assistance to foreign governments and chapter 3 thereof;
(6) The functions conferred upon the President by section 577 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1999 (as contained in Pub. L. 105-277),
insofar as such functions relate to chapters 1 and 10 of part I, and
chapter 4 of part II, of the Act;
(7) The functions conferred upon the President by section 591 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1998 (as contained in Pub. L. 105-118),
and the provisions of the law referenced therein;
(8) The functions conferred upon the President by section 572 of
the Foreign Operations, Export Financing, and Related Programs
Appropriations Act, Fiscal Year 1989 (as contained in Pub. L. 100-461),
which shall be exercised in consultation with the Secretary of State
and the Director of the Office of Management and Budget;
(9) Those functions conferred upon the Secretary of State by
sections 4 and 7 of Executive Order 11269 of February 14, 1966 (31 FR
2813), relating to the National Advisory Council on International
Monetary and Financial Policies; and
(10) The functions of negotiating, concluding, and terminating
international agreements under part I of the Act (including chapter 4
of part II thereof), with respect to programs administered by USAID.
(b) The delegated functions under sections 491(b) and 491(c) of the
Act shall be exercised in consultation with the Director of Foreign
Assistance.
(c) The delegated functions under sections 627, 628, 630(3), and
666 of the Act shall be exercised in consultation with the Under
Secretary for Management.
(d) The delegated functions under section 534 of the Act (with the
exception of those contained in subsection (b)(3)) shall be exercised
in cooperation with the appropriate Assistant Secretaries of State.
Section 4. Functions Delegated to Other Agencies
To the heads of other agencies implementing functions under the
Act, those functions contained in the Act that may be necessary or
appropriate to carry out such functions.
Section 5. Functions Reserved to the Secretary of State
There are hereby reserved to the Secretary of State:
(a) The functions conferred upon the President by sections 239(f),
451, 462, 502B, 505(b), 533(b), 614(b), 620(c), 620(e)(1), 620(f),
620(g), 620(q), and 620C(c) of the Act.
(b) In keeping with USAID's status as a distinct agency and
recognizing that the Administrator is under the Secretary's direct
authority and foreign policy guidance, the Secretary shall
[[Page 38205]]
review USAID's strategic plan and annual performance plan, annual
budget submission and appeals, allocations and significant (in terms of
policy or money) reprogrammings of development and other economic
assistance.
Section 6. Allocation of Funds
There are hereby allocated to the Administrator those funds
allocated to the Secretary of State by section 1-800(a) of the Order
that are appropriated for the purposes of part I of the Act, except for
chapters 3 and 8, and chapter 4 of part II. There are allocated to the
Director of Foreign Assistance those funds allocated to the Secretary
of State by section 1-800(a) of the Order that are appropriated for
purposes of chapters 3 and 8 of part I of the Act and all of part II of
the Act, except for chapter 4.
Section 7. General Provisions
(a) Department of State Delegation of Authority No. 145 of February
4, 1980, as amended, is revoked.
(b) As used in this delegation of authority, the word ``function''
includes any duty, obligation, power, authority, responsibility, right,
privilege, discretion or activity.
(c) Any reference in this delegation of authority to any act,
order, determination, delegation of authority, regulation, or procedure
shall be deemed to be a reference to such act, order, determination,
delegation of authority, regulation or procedure as amended from time
to time.
(d) Any officer to whom functions are delegated by this delegation
of authority may, to the extent consistent with law:
(1) Redelegate such functions and authorize their successive
redelegation,
(2) Promulgate such rules and regulations as may be necessary to
carry out such functions, and
(3) Exercise the functions that may be necessary or appropriate to
carry out the programs and activities for which authority is delegated
to them under this Delegation.
(e) Any officer performing functions under the Act may perform the
functions conferred upon the President by section 634B of the Act
insofar as they relate to the performance of those functions.
(f) Except to the extent inconsistent with this delegation of
authority, all delegations of authority, determinations,
authorizations, regulations, rulings, certificates, orders, contracts,
agreements, and other actions made, issued or entered into with respect
to any function affected by this delegation of authority and not
revoked, superseded, or otherwise made inapplicable before the
effective date of this delegation of authority, shall continue in full
force and effect until modified, amended or terminated by appropriate
authority; and
(g) Nothing in this delegation shall be interpreted in a manner
inconsistent with the Chief Financial Officers Act.
(h) Any reference in this delegation of authority to any act,
order, determination, delegation of authority, regulation, or procedure
shall be deemed to apply to any provision of law that is the same or
substantially the same as such act, order, determination, delegation of
authority, regulation, or procedure.
(i) Notwithstanding any provision of this delegation of authority,
the Secretary of State or the Deputy Secretary of State may at any time
exercise any function delegated or reserved by this delegation of
authority.
Dated: June 2, 2006.
Condoleezza Rice,
Secretary of State, Department of State.
[FR Doc. E6-10451 Filed 7-3-06; 8:45 am]
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