146. Reorganization Plan No. 2 of 19791
REORGANIZATION PLAN NO. 2 OF 1979
Prepared by the President and transmitted to the Senate and the House of Representatives in Congress assembled, April 10, 1979, pursuant to the provisions of chapter 9 of title 5 of the United States Code.
UNITED STATES INTERNATIONAL DEVELOPMENT COOPERATION AGENCY
Section 1. Establishment of the United States International Development Cooperation Agency
There is hereby established in the executive branch an independent agency to be known as the United States International Development Cooperation Agency (hereinafter referred to as the “Agency”).
Section 2. Director
The Agency shall be headed by the Director of the International Development Cooperation Agency (hereinafter referred to as the “Director”), who shall be appointed by the President, by and with the advice and consent of the Senate, and shall receive compensation at [Page 579] the rate prescribed by law for Level II of the Executive Schedule. Under the guidance of the President, the Director shall have primary responsibility for setting overall development assistance policy and coordinating international development activities supported by the United States. The Director shall serve as the principal advisor to the President and the Secretary of State on international development matters and shall report to the President and the Secretary of State. The responsibility of the Director for the exercise of the functions and authorities vested in or delegated to the Director or the Agency shall be subject to the guidance of the Secretary of State as to the foreign policy of the United States. The Director shall designate the order in which other officials shall act for and exercise the powers of the Director during the absence or disability of the Director and the Deputy Director or in the event of vacancies in both such offices.
Section 3. Deputy Director
The President, by and with the advice and consent of the Senate, may appoint a Deputy Director of the Agency, who shall receive compensation at the rate prescribed by law for Level III of the Executive Schedule. The Deputy Director shall perform such duties and exercise such powers as the Director may from time to time prescribe and, in addition, shall act for and exercise the powers of the Director during the absence or disability of the Director or during a vacancy in such office.
Section 4. Associate Directors
The President, by and with the advice and consent of the Senate, may appoint two Associate Directors of the Agency, who shall perform such duties and exercise such powers as the Director may from time to time prescribe and who shall receive compensation at the rate prescribed by law for Level IV of the Executive Schedule.
Section 5. Performance of functions
The Director may from time to time establish, alter, consolidate, or discontinue organizational units within the Agency, and delegate responsibility for carrying out any function or authority of the Director or the Agency to any officer, employee or unit of the Agency or any other officer or agency of the executive branch.
Section 6. Transfers of functions
(a) There are hereby transferred to the Director all functions and authorities vested in the Agency for International Development or in its Administrator pursuant to the following:
(1) sections 233(b), 296(e), 297(d), 298(c)(6), 299(d), 601(a) through (d), and 624(f)(2)(C) of the Foreign Assistance Act of 1961 (22 U.S.C. 2193(b), 2220a(e), 2220b(d), 2220c(c)(6), 2220d(d), 2351(a) through (d), and 2384(f)(2)(C));
[Page 580](2) section 407 of the Agricultural Trade Development and Assistance Act of 1954 (7 U.S.C. 1736a); and
(3) section 706 of the Foreign Relations Authorization Act, Fiscal Year 1979 (49 U.S.C. 1518).
(b) There are hereby transferred to the Director all functions and authorities vested in the agency primarily responsible for administering part I of the Foreign Assistance Act of 1961 or in its Administrator pursuant to sections 101(b), 119, 125, 531(a)(2), 601(e)(2), and 640B of such Act (22 U.S.C. 2151(b), 2151q, 2151w, 2346(a)(2), 2351(e)(2), and 2399c).
(c) There are hereby transferred to the Director all functions and authorities vested in the Secretary of State pursuant to the following:
(1) section 622(c) of the Foreign Assistance Act of 1961, insofar as it relates to development assistance (22 U.S.C. 2382(c)); and
(2) section 901 of Public Law 95–118 (22 U.S.C. 262g).
Section 7. Abolition
One of the positions that the President may appoint under section 624(a) of the Foreign Assistance Act of 1961 (22 U.S.C. 2384(a), 5 U.S.C. 5315(5)) is hereby abolished.
Section 8. Other transfers; interim officers
(a) So much of the personnel, property, records, and unexpended balances of appropriations, allocations and other funds employed, used, held, available, or to be made available in connection with the functions and authorities affected by the establishment of the Agency, as the Director of the Office of Management and Budget shall determine, shall be transferred to the appropriate agency or component at such time or times as the Director of the Office of Management and Budget shall provide, except that no such unexpended balances transferred shall be used for purposes other than those for which the appropriation was originally made. The Director of the Office of Management and Budget shall provide for terminating the affairs of any agency abolished herein and for such further measures and dispositions as such Director deems necessary to effectuate the purposes of this reorganization plan.
(b) Pending the initial appointment of the Director, Deputy Director, and Associate Directors of the Agency, their functions and authorities may be performed, for up to 60 days after section 1 of this reorganization plan becomes effective, by such individuals as the President may designate. Any individual so designated shall be compensated at the rate provided herein for the position whose functions and authorities such individual performs.
[Page 581]Section 9. Effective date
This reorganization plan shall become effective on July 1, 1980, or at such earlier time or times as the President shall specify, but not sooner than the earliest time allowable under section 906 of title 5 of the United States Code.2
- Source: National Archives, RG 59, Records of the Under Secretary for Management (M), 1978–1979, Box 8, Chron April 24–30, 1979. No classification marking. Attached to an April 26 memorandum from Farrar to Conlin. (Ibid.) Carter transmitted Reorganization Plan No. 2 of 1979 to Congress on April 10. For the text of his transmittal message and the plan, see Public Papers: Carter, 1979, Book I, pp. 642–647.↩
- On May 21, Carter transmitted amendments to Sections 2, 5, and 6 of the plan to Congress. See Public Papers: Carter, 1979, Book I, pp. 915–916. The Senate approved the plan on July 9. For the text of the White House statement expressing Carter’s appreciation, see Public Papers: Carter, 1979, Book II, p. 1230. Executive Order 12163, issued on September 29, codified the reorganization; see ibid., pp. 1792–1800.↩