Executive Order 10368—Amendment of Executive Order No. 10300, Entitled "Providing for the Administration of the Mutual Security Act of 1951 and Related Statutes"

Executive Order No. 10300 of November 1, 1951, entitled "Providing for the Administration of the Mutual Security Act of 1951 and Related Statutes", is hereby amended to read as follows:

"By virtue of the authority vested in me by the laws referred to in section 1 of this order and by sections 301 and 303, inclusive, of title 3 of the United States Code, and as president of the United States, it is ordered as follows:

"SECTION 1. Delegation to the Director for Mutual Security of functions of the President. (a) Except as otherwise provided in this order, the functions conferred upon the President by the following-designated laws are hereby delegated to the Director for Mutual Security: the Mutual Security Act of 1951, 65 Stat. 373, as amended; the Mutual Defense Assistance Act of 1949, 63 Stat. 714, as amended (22 U.S. C. 1571-1604) ; the act of May 22, 1947, 61 Stat. 103, as amended (22 U. S. C. 1501 et seq.), which are continued in effect by section 503 of the Mutual Security Act of 1951, as amended.

"(b) There are hereby excluded from the functions delegated by section 1 (a) of this order:

"(1) The functions conferred upon the President by the laws referred to in section 1 (a) of this order with respect to the appointment of officers required to appointed by and with the advice and consent of the Senate, the transmittal of periodic or special reports to the Congress, and the termination or withdrawal of assistance.

"(2) The function conferred upon the President with respect to findings, determinations, certification, agreements, transfers of funds, or directives, as the case may be, by section 101 (a) (1), 101 (b), 101, 302 (a), 303 (a) (last sentence), 401, 503 (a) (3), 507 (except as provided in Executive Order No 10338 of April 5, 1952), 511, 513 (a), 513 (b), 530, and 532 of the Mutual Security Act of 1951, as amended; section 303, 402, 407 (b) (2), 408 (f), and 411 (b) of the Mutual Defense Assistance Act of 1949, a s amended; section 105 (c), 111 (b) (2) (first clause), and 119 of the Economic Cooperation Act of 1948, as amended; and so much of the functions conferred by section 5 of the act of May 22, 1947, as amended, as relates to regulations providing for coordination among representatives of the United States Government in each foreign country concerned.

"(c) Funds which have been or may be appropriated or otherwise made available to the President to carry out the laws referred to in section 1 (a) hereof, and section 12 of the Mutual Security Act of 1952 (Public Law 400, approved June 20, 1952), shall be deemed to be allocated to the Director for Mutual Security without any further action by the President, and the said funds may be allocated by the Director for Mutual Security to any agency, department, establishment, or wholly-owned corporation of the Government for obligation or expenditure thereby, consistent with applicable law, subject, however, to the reservation of functions relating to transfer of funds set forth in section 1 (b) (2) hereof.

"(d) The functions delegated to the Director for Mutual Security by this section shall be deemed to include the authority to redelegate the functions so delegated.

"SEC. 2 Designation of agency to pay ocean freight charges on relief supplies and packages and to make informational media guaranties. (a) the Department of State is hereby designated as the department of the Government which shall after June 30, 1952, exercise the authority to pay ocean freight, charges on shipments of relief supplies and packages under section 117 (c) of the Economic Cooperation Act of 1948, as amended (22 U.S.C. 1515 (c) and section 535 of the Mutual Security Act of 1951, as amended. The Director for Mutual Security shall, consistent with applicable law, allocate to the Department of State such amounts of funds now or hereafter available as the Director shall determine to be required for carrying out the purposes of the said sections 117 (c), as amended, and 535, including the liquidation of obligations incurred prior to July 1, 1952, under the said section 117 (c), as amended.

"(b) The Department of State is hereby designated as the department of the government which shall after June 30, 1952, exercise the authority to make informational media guaranties under section 111 (b) (3) , and section 536 of the Mutual Security Act of 1951, as amended, and to administer such guaranties made prior to July 1, 1952. The Director for Mutual Security, after consultation with the Secretary of State, shall fix (and may from time to time revise) an amount representing that portion of the limitation prescribed by section 111 (b) (3) (v) of the Economic Cooperation Act of 1948, as amended, which may be utilized by the Secretary of State for informational media guaranties, including the liquidation of obligations outstanding under such guaranties as of the close of business on June 30, 1952.

"(c) There shall be transferred to the Department of State so much of the personnel, records, and property of the Mutual Security Agency relating to the functions referred to in section 2 (a) and 2 (b) of this order as the Director for Mutual Security shall determine to be necessary for use in connection with such functions.

"SEC. 3. Delegation of functions relating to movement of migrants and to United Nations Children's Fund. (a) The function conferred upon the President by section 534 of the Mutual Security Act of 1951, as amended, of contributing to the Provisional Intergovernmental Committee for the Movement of Migrants from Europe is hereby delegated to the Secretary of State.

"(b) The function conferred upon the President by section 12 of the Mutual Security Act oaf 1952 of contribution to the United Nations International Children's Emergency Fund is hereby delegated to the Secretary of State.

"(c) The Director of Mutual Security shall allocate to the Department of State funds which have been or may be appropriated or otherwise made available to carry out the functions referred to in sections 3 (a) and 3 (b) of this order.

"Sec. 4. International development. The administration of programs under the Act for International Development (Title IV of the act of June 5, 1950, 64 Stat. 204, as amended (22 U.S.C. 1557 et seq.)), in accordance with Executive Order No. 10159 of September 8, 1950, shall be subject to coordination, direction, and supervision by the Director for Mutual Security in accordance with section 501 (a) of the Mutual Security Act of 1951, as amended; and the said Executive Order No. 10159 is amended accordingly.

"Sec. 5. Coordination with foreign policy. The Secretary of State and the Director for Mutual Security shall establish and maintain arrangements which will insure that the programs included in the Mutual Security Act of 1951, as amended, shall be carried out in conformity with the established foreign policy of the United States.

"Sec. 6. Interrelationship of Director and Secretary of Defense. (a) Consonant with section 501 (a) of the Mutual Security Act of 1951, as amended, the Secretary of Defense shall exercise the responsibility and authority vested in him by section 506 (a) of the said Act, as amended, subject to coordination, direction, and supervision by the Director for Mutual Security.

"(b) The Secretary of Defense shall keep the director for Mutual Security fully and currently informed of all matters, including prospective action, relating to the establishment of priorities under section 506 (b) and the furnishing of military items under section 506 (c) of the Mutual Security Act of 1951, as amended.

"Sec. 7. Economic cooperation. (a) December 30, 1951, is hereby fixed as the date on which sections 502 (a), 502 (b) (2), and 504 (b) of the Mutual Security Act of 1951 shall take effect.

"(b) The Mutual Security Agency is hereby designated as the agency responsible for liquidating any outstanding affairs of the Economic Cooperation Administration which are now or hereafter required to be discontinued by law; and the said Agency shall be deemed to be the successor of the said Administration in all respects, subject to the provisions of the Mutual Security Act of 1951, as amended.

"Sec. 8. Transfer of personnel, property records, and funds. So much of the personnel, records, property, and unexpended balances of appropriations, allocations, and other funds of the Department of State as the Director of the Bureau of the Budget determines to relate to functions under the Mutual Defense Assistance Act of 1949, as amended, and the said act of May 22, 1947, and to be required by the Director for Mutual Security for the performance of his functions hereunder shall be transferred to the Director for Mutual Security.

"Sec. 9. Prior orders. (a) Effective as of the date fixed in section 7 (a) hereof, with respect to provisions then in force, and except as may be inappropriate, references in prior Executive orders to the Economic Cooperation Administration, the Administrator for Economic Cooperation, and the United States Special Representative for (or in) Europe, shall be considered as references to the Mutual Security Agency, the Director for Mutual Security, and the Special Representative in Europe (provided for in section 504 (a) of the Mutual Security Act of 1951, as amended) respectively.

"(b) To the extent that any provision for any prior Executive order is inconsistent with the provisions of this order, the latter shall control and such prior provision is amended accordingly.

"(c) All orders, regulations, ruling, certificates, directives, agreements, contracts, delegations, determinations, and other actions of any department, agency, or other establishment or officer of the Government relating to any function of under any authority continued in effect by the Mutual Security Act of 1951, as amended, shall remain in effect except as they are inconsistent herewith or are hereafter amended or revoked under proper authority.

"(d) Executive Order No. 10099 of January 27, 1950, is hereby revoked. The International Security Affairs Committee (approved by the president December 19, 1950) is hereby terminated. The provisions of the identical letters of the President transmitted to the Secretary of State and the Administrator for Economic Cooperation on April 5, 1951, are hereby revoked.

"Sec. 10. Definitions. As used in this order the term 'functions' embraces duties, powers, responsibilities, authority, and discretion."

HARRY S. TRUMAN

THE WHITE HOUSE,

June 30, 1952