Ex. Ord. No. 11034. Administration of Programs Ex. Ord. No. 11034,
June 25, 1962, 27 F.R. 6071, as amended by Ex. Ord. No. 11380, Nov. 8, 1967, 32 F.R. 15627; Ex. Ord. No. 12292, Feb. 23, 1981, 46 F.R. 13967; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by the Mutual Educational and Cultural Exchange Act of 1961 (Public Law 87–256; 75 Stat. 527; hereinafter referred to as the Act) [this chapter] and as President of the United States, I find that the delegations set forth in this order are in the interest of the purposes expressed in the said Act and the efficient administration of the programs undertaken pursuant to that Act and determine that the delegates specified in the order are appropriate and I hereby order as follows:
section 1. Department of State. (a) The following functions conferred upon the President by the Act are hereby delegated to the Secretary of State: (1) The functions so conferred by
section 102(a)(1), 102(a)(2)(i), (ii), and (iv), 102(b)(3), (5) and (9), 103, 104(e)(3), and 105(d)(1) and (e) of the Act [
section 2452(a)(1), (2)(i), (ii), (iv), (b)(3), (5), (9), 2453, subsec. (e)(3) of this section, and 2455(d)(1), (e) of this title]. (2) The functions so conferred by
section 102(a)(2)(iii) and (b)(1), (2), (4), (7) and (8) of the Act (the provisions of
section 2(a) of this order notwithstanding) [
section 2452(a)(2)(iii), (b)(1), (2), (4), (7), (8) of this title]. (3) The functions so conferred by
section 102(a)(3) of the Act [
section 2452(a)(3) of this title] to the extent that they pertain to liquidation of affairs respecting the Universal and International Exhibition of Brussels, 1958. (4) The functions so conferred by
section 104(d) and (e)(4) and 108(c) and (d) of the Act [subsecs. (d), (e)(4) of this section and
section 2458(c), (d) of this title] to the extent that they pertain to the functions delegated by the foregoing provisions of this section. (5) The function so conferred by
section 104(e)(1) of the Act [subsec. (e)(1) of this section] of prescribing rates for per diem in lieu of subsistence; but in carrying out the said function as it relates to functions herein delegated to the Director of the United States Information Agency or the Secretary of Education, the Secretary of State shall consult with them. (b) The Secretary of State, in collaboration with the Director of the United States Information Agency, the Secretary of Commerce, and the Secretary of Education with respect to the functions delegated by
section 2, 3, and 4, respectively, of this order, shall prepare and transmit to the President the reports which the President is required to submit to the Congress by
section 108(b) of the Act [
section 2458(b) of this title], excluding, however, the reports for which the Director of the United States Information Agency is responsible under
section 2(b) of this order. (c) With respect to the carrying out of functions under
section 102(a)(2)(ii) of the Act [
section 2452(a)(2)(ii) of this title] hereinabove delegated to the Secretary of State, the Director of the United States Information Agency shall participate in the planning of cultural and other attractions. Such participation shall include consultation in connection with (1) the selection and scheduling of such attractions, and (2) the designation of the areas where the attractions will be presented. Sec. 2. United States Information Agency. (a) Subject to the provisions of
section 6 of this order, the following functions conferred upon the President by the Act are hereby delegated to the Director of the United States Information Agency: (1) The functions so conferred by
section 102(a)(2)(iii) and (b)(1) [
section 2452(a)(2)(iii), (b)(1) of this title];
section 102(b)(2) [
section 2452(b)(2) of this title] to the extent that it authorizes the type of centers now supported by the United States Information Agency abroad and designated as binational, community, or student centers;
section 102(b)(4) [
section 2452(b)(4) of this title] exclusive of professorships and lectureships; and
section 102(b)(7) and (8) of the Act [
section 2452(b)(7), (8) of this title]; all of the foregoing notwithstanding the provisions of
section 1(a)(2) of this order. (2) The functions so conferred by
section 104(e)(4) of the Act [subsec. (e)(4) of this section] (the provisions of
section 1(a)(4) and 3(b) of this order notwithstanding). (3) The functions so conferred by
section 102(a)(3) of the Act [
section 2452(a)(3) of this title] to the extent that they are in respect of fairs, expositions, and demonstrations held outside of the United States, but exclusive of the functions delegated by the provisions of
section 1(a)(3) of this order. (4) The functions so conferred by
section 104(d) and 108(c) and (d) of the Act [subsec. (d) of this section and
section 2458(c), (d) of this title] to the extent that they pertain to the functions delegated by the foregoing provisions of this section. (b) The Director of the United States Information Agency shall prepare and transmit to the President the reports which the President is required to submit to the Congress by
section 108(b) of the Act [
section 2458(b) of this title] to the extent that they are with respect to activities carried out by the United States Information Agency pursuant to
section 102(a)(2)(iii) and
section 102(a)(3) of the Act [
section 2452(a)(2)(iii) and (a)(3) of this title]. (c) The functions so conferred by
section 102(a)(3) of the Act [
section 2452(a)(3) of this title] to the extent that they are in respect of fairs, expositions, and demonstrations held outside of the United States, but exclusive of the functions delegated by the provisions of
section 1(a)(3) of this order. (d) The functions so conferred by
section 104(d) and 108(c) and (d) of the Act [subsec. (d) of this section and
section 2458(c), (d) of this title] to the extent that they pertain to the functions delegated by the foregoing provisions of this section. Sec. 3. Department of Commerce. Subject to the provisions of
section 6 of this order, the following functions conferred upon the President by the Act are hereby delegated to the Secretary of Commerce: (a) The functions so conferred by
section 102(a)(3) of the Act [
section 2452(a)(3) of this title] to the extent that they are in respect of fairs, expositions, and demonstrations held in the United States. (b) The functions so conferred by
section 104(e)(4) and 108(c) of the act [subsec. (e)(4) of this section and
section 2458(c) of this title] to the extent that they pertain to the functions delegated by the foregoing provisions of this section. Sec. 4 Department of Education. Subject to the provisions of
section 6 of this order, the functions conferred upon the President by
section 102(b)(6) of the Act [
section 2452(b)(6) of this title] are hereby delegated to the Secretary of Education. Sec. 5. Certain incidental matters. (a) In respect of functions hereinabove delegated to them, there is hereby delegated to the Secretary of State, the Director of the United States Information Agency, the Secretary of Commerce, and the Secretary of Education, respectively: (1) The authority conferred upon the President by
section 105(d)(2) and (f) and 106(d) and (f) of the Act [
section 2455(d)(2), (f) and 2456(d), (f) of this title]. (2) Subject to the provisions of
section 5(b) and (c) of this order, the authority conferred upon the President by
section 104(b) of the Act [subsec. (b) of this section] to employ personnel. (b) The employment, by any department or other executive agency under
section 5(a)(2) of this order, of any of the not to exceed ten persons who may be compensated with regard to the Classification Act of 1949 [chapter 51 and subchapter III of chapter 53 of Title 5, Government Organization and Employees] under
section 104(b) of the Act [subsec. (b) of this section] shall require prior authorization by the Secretary of State concurred in by the Director of the Office of Management and Budget. (c) Persons employed or assigned by a department or other executive agency for the purpose of performing functions under the Act outside the United States shall be entitled, except in cases in which the period of employment or assignment exceeds thirty months, to the same benefits as are provided by
section 310 of the Foreign Service Act of 1980 (22 U.S.C. 3950). In cases in which the period of employment or assignment exceeds thirty months, persons so employed or assigned shall be entitled to such benefits if agreed by the agency in which such benefits may be exercised. (d) Pursuant to
section 104(f) of the Act [subsec. (f) of this section], Executive Order No. 10450 of
April 27, 1953 (18 F.R. 2489) [set out as a note under
section 7311 of Title 5, Government Organization and Employees] is hereby established as the standards and procedures for the employment or assignment to duties of persons under the Act. (e) Any officer to whom functions vested in the President by the Act are hereinabove delegated may (1) allocate to any other officer of the executive branch of the Government any funds appropriated or otherwise made available for the functions so delegated to him as he may deem appropriate for the best carrying out of the functions and (2) make available, for use in connection with any funds so allocated by him, any authority he has under this order. Sec. 6. Policy guidance. In order to assure appropriate coordination of programs, and taking into account the statutory functions of the departments and other executive agencies concerned, the Secretary of State shall exercise primary responsibility for Government-wide leadership and policy guidance with regard to international educational and cultural affairs. Sec. 7. Functions reserved to the President. (a) There are hereby excluded from the functions delegated by the provisions of this order the functions conferred upon the President with respect to (1) the delegation of powers under
section 104(a) of the Act [subsec. (a) of this section], (2) the establishment of standards and procedures for the investigation of personnel under
section 104(f) of the Act [subsec. (f) of this section], (3) the transfer of appropriations under
section 105(c) of the Act [
section 2455(c) of this title], (4) the appointment of members of the Board of Foreign Scholarships under
section 106(a)(1) of the Act [
section 2456(a)(1) of this title], (5) the appointment of members, the designation of a chairman, and the receipt of recommendations of the United States Advisory Commission on International Educational and Cultural Affairs under
section 106(b) of the Act [
section 2456(b) of this title], (6) the waiver of provisions of law or limitations of authority under
section 108(a) of the Act [
section 2458(a) of this title], and (7) the submission of annual reports to the Congress under
section 108(b) of the Act [
section 2458(b) of this title]. (b) Notwithstanding the delegations made by this order, the President may in his discretion exercise any function comprehended by such delegations. Sec. 8. Waivers. (a) It is hereby determined that the performance by any department or other executive agency of functions authorized by
section 102(a)(2) and 102(a)(3) of the Act (22 U.S.C. 2452(a)(2) and (3)) without regard to prohibitions and limitations of authority contained in the following-specified provisions of law is in furtherance of the purposes of the Act: (1)
section 15 of the Administrative Expenses Act of 1946 (c. 744,
June 29, 1936, c. 858, 49 Stat. 2015, as amended; 46 U.S.C. [App.] 1241(a)) [now 46 U.S.C. 55302] (official travel overseas of United States officers and employees, and transportation of their personal effects, on ships registered under the laws of the United States). (14) Any provision of law or limitation of authority to the extent that such provision or limitation would limit or prohibit