22 U.S.C. § 2382 — Coordination with foreign policy

Page 888 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2381a stitutional duties; (c) recommend for congressional consideration such measures as the President may judge necessary and expedient; and (d) supervise the unitary executive branch. [Pub. L. 105–277, div. G, subdiv. A, title XIV, § 1422(a)(2), Oct. 21, 1998, 112 Stat. 2681–792, provided that sections 1–101 through 1–103, 1–401 through 1–403, and 1–801(a), and other provisions of Ex. Ord. No. 12163 that relate to the United States International Development Cooperation Agency or the Director thereof were re- pealed.] § 2381a. Strengthened management practices (a) Declaration of beliefs The Congress believes that United States for- eign aid funds could be utilized more effectively by the application of advanced management de- cisionmaking, information and analysis tech- niques such as systems analysis, automatic data processing, benefit-cost studies, and information retrieval. (b) Management system; establishment; scope To meet this need, the President shall estab- lish a management system that includes: the definition of objectives and programs for United States foreign assistance; the development of quantitative indicators of progress toward these objectives; the orderly consideration of alter- native means for accomplishing such objectives; and the adoption of methods for comparing ac- tual results of programs and projects with those anticipated when they were undertaken. The system should provide information to the agen- cy and to Congress that relates agency re- sources, expenditures, and budget projections to such objectives and results in order to assist in the evaluation of program performance, the re- view of budgetary requests, and the setting of program priorities. (Pub. L. 87–195, pt. III, § 621A, as added Pub. L. 90–554, pt. III, § 302(b), Oct. 8, 1968, 82 Stat. 964; amended Pub. L. 95–424, title V, § 502(d)(1), Oct. 6, 1978, 92 Stat. 959.) Editorial Notes AMENDMENTS 1978—Subsec. (c). Pub. L. 95–424 struck out subsec. (c) relating to annual reports to Congress by the President evaluating the progress made toward implementation of this section. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1978 AMENDMENT Amendment by Pub. L. 95–424 effective Oct. 1, 1978, see section 605 of Pub. L. 95–424, set out as a note under section 2151 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 of this title. § 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 func- tions of the Secretary of State. (b) Coordination among representatives of United States The President shall prescribe appropriate pro- cedures to assure coordination among represent- atives 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 rec- ommendations of such representatives per- taining to military assistance (including civic action) and military education and training pro- grams are coordinated with political and eco- nomic considerations, and his comments shall accompany such recommendations if he so de- sires. (c) Responsibility for supervision and general di- rection of assistance programs Under the direction of the President, the Sec- retary of State shall be responsible for the con- tinuous supervision and general direction of eco- nomic assistance, military assistance, and mili- tary education and training programs, including but not limited to determining whether there shall be a military assistance (including civic action) or a military education and training pro- gram for a country and the value thereof, to the end that such programs are effectively inte- grated both at home and abroad and the foreign policy of the United States is best served there- by. (Pub. L. 87–195, pt. III, § 622, Sept. 4, 1961, 75 Stat. 446; Pub. L. 89–171, pt. III, § 302(a), Sept. 6, 1965, 79 Stat. 660; Pub. L. 89–583, pt. III, § 302(a), Sept. 19, 1966, 80 Stat. 807; Pub. L. 90–629, ch. 4, § 45(b)(1), (2), Oct. 22, 1968, 82 Stat. 1327; Pub. L. 94–329, title I, § 106(b)(2), June 30, 1976, 90 Stat. 733.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–195, Sept. 4, 1961, 75 Stat. 424, known as the Foreign Assistance Act of 1961. For complete classification of this Act to the Code, see Short Title note set out under section 2151 of this title and Tables. AMENDMENTS 1976—Subsec. (b). Pub. L. 94–329, § 106(b)(2)(A), in- serted ‘‘and military education and training’’ after ‘‘(including civic action)’’. Subsec. (c). Pub. L. 94–329, § 106(b)(2)(B), inserted ref- erence to military education and training programs in two places. 1968—Subsec. (b). Pub. L. 90–629, § 45(b)(1), struck out ‘‘or sales’’ before ‘‘programs’’. Subsec. (c). Pub. L. 90–629, § 45(b)(2), struck out ‘‘and sales’’ and ‘‘or sales’’ before ‘‘programs’’ and ‘‘pro- gram’’, respectively. 1966—Subsec. (b). Pub. L. 89–583, § 302(a)(1), sub- stituted ‘‘(including civic action) or sales programs’’ for ‘‘(including any civic action and sales program)’’. Subsec. (c). Pub. L. 89–583, § 302(a)(2), substituted ‘‘economic assistance and military assistance and sales programs’’ and ‘‘military assistance (including civic ac- tion) or sales program’’ for ‘‘the assistance programs authorized by this chapter’’ and ‘‘military assistance program (including civic action and sales program)’’, respectively. 1965—Subsec. (b). Pub. L. 89–171, § 302(a)(1), inserted ‘‘(including any civic action and sales program)’’. Subsec. (c). Pub. L. 89–171, § 302(a)(2), inserted ‘‘in- cluding any civic action and sales program)’’. Page 889 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2383 Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1968 AMENDMENT Amendment by Pub. L. 90–629 effective July 1, 1968, see section 41 of Pub. L. 90–629, set out as an Effective Date note under section 2751 of this title. Executive Documents DELEGATION OF FUNCTIONS For delegation of functions of President under this section, see Ex. Ord. No. 12163, Sept. 29, 1979, 44 F.R. 56673, as amended, set out as a note under section 2381 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 representa- tive of the President and acting on his behalf, shall co- ordinate the activities of the United States representa- tives (including the chiefs of economic missions, mili- tary assistance advisory groups, and other representa- tives 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) [section 1509 et seq. of this title], and he shall assume responsibility for assuring the unified de- velopment 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 represent- atives 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 ac- cess to all available information essential to the ac- complishment of their prescribed duties. (7) Preparing and submitting such reports on the op- eration 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 accord- ance with instructions from higher authority and sub- ject 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 ex- ercise 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 ac- tion shall be followed unless a United States represent- ative requests that the issue be referred to higher au- thority for decision. If such a request is made, the par- ties 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 [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 re- spective agencies, all United States representatives af- fected by this order (1) shall have direct communica- tion 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, in- cluding prospective plans, recommendations, and ac- tions, relating to programs under the Act, and (3) shall furnish to the respective Chiefs of United States Diplo- matic Missions, upon their request, documents and in- formation 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 in- terested Government agencies, any additional proce- dures 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, De- cember 26, 1947, April 9, 1948, May 19, 1948, January 25, 1951, and June 27, 1951, respectively, are hereby re- voked. EXECUTIVE ORDER NO. 10893 Ex. Ord. No. 10893, Nov. 8, 1960, 25 F.R. 10731, as amended, which related to the administration of mu- tual security and related functions, was revoked by Ex. Ord. No. 12163, § 1–903(a)(3), Sept. 29, 1979, 44 F.R. 56679, eff. Oct. 1, 1979, set out as a note under section 2381 of this title. Ex. Ord. No. 10893 was also revoked, except section 201 thereof, by section 1–501(h) of Ex. Ord. No. 12220, June 27, 1980, 45 F.R. 44247, formerly set out as a note under section 1691 of Title 7, Agriculture. EXECUTIVE ORDER NO. 12066 Ex. Ord. No. 12066, June 29, 1978, 43 F.R. 28965, which related to the inspection of foreign assistance pro- grams, was revoked by section 10(k) of Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13968, set out as a note under section 3901 of this title. § 2383. Responsibilities of the Secretary of De- fense; 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;