Executive Order 10893

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Executive Order 10893 (1960)
by President of the United States

Administration of Mutual Security and Related Functions623391

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See the Notes section for a list of Executive Orders affected by or related to the issuance of this Executive Order.

Signed by President Dwight D. Eisenhower Tuesday, November 8, 1960

Federal Register page & date: 25 FR 10731, Thursday, November 10, 1960

623391Executive Order 10893 — Administration of Mutual Security and Related Functions6233911960President of the United States

Executive Order 10893 of November 8, 1960

Administration of Mutual Security and Related Functions

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 FUNDS

Section 101.Department of State.

(a)	Exclusive of the functions otherwise delegated, or excluded from delegation, by this order, and subject to the provisions of this order, there are hereby delegated to the Secretary of State all functions conferred upon the President (1) by the Mutual Security Act of 1954, hereinafter referred to as the Act, (2) by the Mutual Defense Assistance Control Act of 1951, 65 Stat. 644 (22 U.S.C. 1611 et seq.), and (3) by those provisions of acts appropriating funds under the authority of the Act which are wholly or primarily relevant to the Act.
(b)	In determining upon the furnishing of assistance on terms of repayment pursuant to the Act, and upon the amounts and terms of such assistance, the Secretary of State shall consult with the National Advisory Council on International Monetary and Financial Problems in respect of policies relating to such assistance and terms. The Secretary of State shall also consult the Council with respect to policies concerning the utilization of funds in the Special Account provided for in section 142(b) of the Act and concerning such other matters as are within the cognizance of the Council pursuant to section 4 of the Bretton Woods Agreements Act (22 U.S.C. 286 et seq.).
(c)	In carrying out the functions conferred upon the President by section 414 of the Act, the Secretary of State shall consult with appropriate agencies. Designations, including changes in designations, by the Secretary of State 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.
(d)	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 Service Act of 1946, 60 Stat. 999 (22 U.S.C. 801 et seq.), all under section 526 of the Act, shall have the approval of the Secretary of State.
(e)	All functions under the Act, the Mutual Defense Assistance Control Act of 1951, and the United States Information and Educational Exchange Act of 1948, 62 Stat. 6 (22 U.S.C. 1431 et seq.), and all functions under those provisions of acts appropriating funds under the authority of the Act which are wholly or primarily relevant to the Act, however vested, delegated, or assigned, shall be subject to the responsibilities of the Secretary of State with respect to the foreign policy of the United States.

Sec. 102.Department of Defense.

(a)	Subject to the provisions of this order, there are hereby delegated to the Secretary of Defense:

(1)	The functions conferred upon the President by Chapter I of the Act, exclusive of (i) those so conferred by section 105(b)(3) thereof, (ii) so much of those so conferred by the third sentence of section 105(b)(4) of the Act as consists of determining that internal security requirements may be the basis for programs of military assistance in the form of services, (iii) so much of those so conferred by the first sentence of section 106(b) of the Act as consists of determining that a nation or international organization may make available the fair value of equipment, materials, or services, sold thereto or rendered therefor, at a time or times other than in advance of delivery of the equipment, materials, or services, and (iv) those reserved to the President by section 110 of this order.
(2)	The functions conferred upon the President by sections 142(a)(7) and 511(c) of the Act.
(3)	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 142(a)(10), 505(a), 511(b), 527(a), 528, 529(a), and 550 of the Act.
(4)	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.

(b)	In carrying out the functions under section 550 of the Act delegated to him by the foregoing provisions of this section, the Secretary of Defense shall consult with the Secretary of State.

Sec. 103.Department of the Treasury.

There is hereby delegated to the Secretary of the Treasury the function conferred upon the President by the fifth sentence of section 505(b) of the Act.

Sec. 104.Department of Commerce.

(a)	There is hereby delegated to the Secretary of Commerce so much of the functions conferred upon the President by section 413(b)(1) of the Act as consists of drawing the attention of private enterprise to opportunities for investment and development in other free nations.
(b)	The Secretary of Commerce is hereby designated as the officer through whom the functions provided for in the first sentence of section 416 of the Act shall be carried out.

Sec. 105.Department Development Loan Fund.

There are hereby delegated to the Managing Director of the Development Loan Fund, acting subject to the supervision and direction of the board of directors of the Development Loan Fund:

(1)	So much of the functions conferred upon the President by section 504(a) of the Act as consists of assisting American small business to participate equitably in the furnishing of commodities and services financed with funds authorized under Title II of Chapter II of the Act.
(2)	So much of the functions conferred upon the President by section 527(a) of the Act as consists of determining such personnel as need be employed by the Development Loan Fund to carry out the provisions and purposes of the Act.

Sec. 106.Cost-sharing arrangements.

The functions conferred upon the President by section 527(e) of the Act are hereby delegated to the several heads of agencies in respect of any functions under the Act performed by officers and employees of those agencies, respectively.

Sec. 107.Studies.

(a)	The Departments of State and Commerce and such other agencies as they deem appropriate shall conduct the annual studies under section 413(c) of the Act.
(b)	The Department of State and such other agencies as it deems appropriate shall conduct the study under section 413(d) of the Act.

Sec. 108.United States Information Agency.

The United States Information Agency shall perform the functions provided for by law with respect to publicizing abroad the activities carried out under the Act.

Sec. 109.Allocation, advance, and transfer of funds.

(a)	Funds heretofore or hereafter appropriated or otherwise made available to the President for carrying out the Act shall be deemed to be allocated or advanced without any further action of the President, as follows:

(1)	There are allocated to the Secretary of State all funds for carrying out the Act except those made available exclusively for carrying out Chapter I and Title II of Chapter II of the Act.
(2)	There are allocated to the Secretary of Defense funds made available exclusively for carrying out Chapter I of the Act; but, for the purposes of the second sentence of section 108 of the Mutual Security Appropriation Act, 1956, such funds shall be available only when and in such amounts as they have been apportioned, for use, by the Bureau of the Budget.
(3)	Funds for carrying out Title II of Chapter II of the Act shall be advanced to the Development Loan Fund.

(b)

The Secretary of State, the Secretary of Defense, and the Development Loan Fund may allocate or transfer, as appropriate, any funds received under paragraphs (1), (2), and (3), respectively, of subsection (a) of this section, to any agency, or part thereof, for obligation or expenditure thereby consistent with applicable law, subject, however, to the provisions of section 110(2) of this order.

(c)

The utilization of funds without regard to the existing laws governing the obligation and expenditure of Government funds as authorized by section 411(d) of the Act shall be limited as far as practicable and shall in any event be confined to instances in which such utilization (1) is deemed to further the more economical, efficient, or expeditious carrying out of functions under the Act, or (2) is deemed to obviate or mitigate hardship occurring with respect to personnel administering functions under the Act in connection with the administration of these functions or with respect to the families of personnel by reason of the duties of the respective heads of families under the Act, or (3) is for the purpose of settling any claim arising outside the United States for money damages against the United States for injury or loss of property or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government administering functions under the Act while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred.

Sec. 110.Reservation of functions to the President.

There are hereby excluded from the functions delegated by the foregoing provisions of this order:

(1)	The functions conferred upon the President by the Act with respect to the appointment of officers required to be appointed by and with the advice and consent of the Senate.
(2)	The functions conferred upon the President with respect to findings, determinations, certifications, agreements, directives, or transfers of funds, as the case may be, by sections 104(b), 105 (except so much of those functions conferred by the third sentence of section 105(b)(4) as relates to services), 131(a) (proviso), 141, 404, 411(c), 451(a), 501, 521, 522(b), 523(d), and 552 of the Act, and by sections 103(b), 104, 203, and 301 of the Mutual Defense Assistance Control Act of 1951.
(3)	The functions conferred upon the President by sections 101, 107(a)(2), 413(c), 413(d), 502(c), 503(a), 503(b), 523(c), 525, 533, 534(a), and 545(d) of the Act, by the first sentence of section 144 of the Act, and by the second sentence of section 416 of the Act, and, subject to Part II of this order, the functions so conferred by section 523(b) of the Act.
(4)	So much of the functions conferred upon the President by section 403 of the Act as consists of determining any provision of law to be disregarded to achieve the purposes of that section.
(5)	The functions conferred upon the President by sections 101(d)(2), 107 (second sentence), 110, and 111 of the Mutual Security and Related Agencies Appropriation Act, 1961 (74 Stat. 778; 779).

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

Sec. 301.Continuation of Department of State arrangements.

There shall continue to be in the Department of State, subject to the direction and control of the Secretary of State, the following:

(1)	The International Cooperation Administration (including the offices transferred to the Department by the provisions of section 102(a) of Executive Order No. 10610 of May 9, 1955) as an agency in the Department of State.
(2)	All now-existing functions which (i) immediately prior to the effective date of Executive Order No. 10610 of May 9, 1955, were conferred by law upon the Foreign Operations Administration or the Director of the Foreign Operations Administration, or on agencies or officials of the Foreign Operations Administration, and (ii) were by that order transferred to the Secretary of State or the Department of State.
(3)	The Office of Small Business provided for in section 504(b) of the Act and the functions vested in it by law, which functions shall remain therewith.

Sec. 302.Personnel.

(a)	The performance of the functions conferred upon the President by section 527(c) of the Act (and by this order delegated to the Secretary of State) shall be governed by the following:

(1)	The authority which the Secretary of State is authorized to exercise with respect to personnel appointed, employed, or assigned to perform functions under the Act shall include (i) the authority available to the Secretary under the Foreign Service Act of 1946 (including section 571 of that Act) relating to Foreign Service Reserve officers, Foreign Service Staff officers and employees, and alien clerks and employees, (ii) the authority available to the Secretary under any other provision of law pertaining specifically, or generally applicable, to Foreign Service Reserve officers, Foreign Service Staff officers and employees, and alien clerks and employees, (iii) the authority available to the Secretary under sections 1021 through 1071 of the Foreign Service Act of 1946, (iv) with respect to personnel appointed or assigned pursuant to the provisions of section 527(c)(2) of the Act, the authority of the Board of Foreign Service provided for by the Foreign Service Act of 1946; and (v) the authority to prescribe or issue (in pursuance of the Foreign Service Act of 1946, the Mutual Security Act of 1954, or other applicable law) and such regulations, orders, and instructions, not inconsistent with law, as may be incidental to or necessary for or desirable in connection with the carrying out of the provisions of section 527(c) of the Act or the provisions of this order.
(2)	The prohibitions and requirements contained in sections 1001 through 1005 and section 1011 of the Foreign Service Act of 1946 shall be applicable to all personnel appointed or assigned under the provisions of that act as authorized herein.
(3)	Persons appointed, employed, or assigned after May 19, 1959, under section 527(c) of the Act for the purpose of performing functions under the Act 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 in cases in which their service under the appointment, employment, or assignment exceeds thirty months.

(b)	In carrying out the provisions of section 527(c)(1) of the Act, the Secretary of State may authorize any agency to perform any functions specified therein to the extent that they relate to other functions under the Act administered by such agency.

Sec. 303.Definitions.

As used in this order, the word "function" or "functions" embraces duties, powers, responsibilities, authority, and discretion; and the word "agency" or "agencies" embraces any department, agency, board, instrumentality, commission, or establishment of the United States Government, and any corporation partly or wholly owned by it.

Sec. 304.References to acts and orders.

(a)	Except in respect of any reference which has been or may be revoked, superseded, or otherwise made inapplicable, and except as may for any other reason be inappropriate:

(1)

References in any Part of this order or in any other Executive order to the Mutual Security Act of 1954 or to this order or to any provision of either thereof, and references in this order to the Act or to any other act or to any provision of either thereof, shall be deemed to include references thereto, respectively, as amended from time to time.

(2)

References in any prior Executive order not superseded under section 305(a) of this order to any provisions of any Executive order so superseded (including the reference in section 3(c) of Executive Order No. 10560 of September 9, 1954 (19 F.R. 5927), as affected by the provisions of section 302(b) of Executive Order No. 10575 of November 6, 1954, to Part II of the latter order) shall hereafter be deemed to be references to the corresponding provisions, if any, of this order.

(b)	Any reference in this order to provisions of any appropriation act shall be deemed to include a reference to any hereafter-enacted provisions of law which are the same or substantially the same as such appropriation act provisions.

Sec. 305.Superseded orders.

(a)	The following-described orders, and parts of order, are hereby superseded:

(1)	Executive Order No. 10575 of November 6, 1954 (19 F.R. 7249).
(2)	Executive Order No. 10610 of May 9, 1955 (20 F.R. 3179).
(3)	Executive Order No. 10625 of August 2, 1955 (20 F.R. 5571).
(4)	Executive Order No. 10663 of March 24, 1956 (21 F.R. 1845).
(5)	Executive Order No. 10742 of November 29, 1957 (22 F.R. 9689).
(6)	Sections 1 and 2 of Executive Order No. 10822 of May 20, 1959 (24 F.R. 4159).

(b)	The foregoing provisions of this section shall not derogate from the provisions of section 301 of this order.

Sec. 306.Saving provisions.

Except to the extent that they may 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.