3 U.S.C. § 302 — Scope of delegation of functions

Page 57 TITLE 3—THE PRESIDENT § 303 1 So in original. Does not conform to section catchline. (Public Law 108–458, 118 Stat. 3638) (the ‘‘Act’’) [8 U.S.C. 1777(g), 22 U.S.C. 2656 note, 2751 note, 7555] are hereby assigned to the Secretary of State. The reporting function under section 7202(d) [now 7202(g)] of the Act [8 U.S.C. 1777(g)] on the Human Smuggling and Trafficking Center shall be coordinated with the Attorney General and the Secretary of Home- land Security. Heads of departments and agencies shall, to the ex- tent permitted by law, furnish to the Secretary of State information the Secretary requests to perform such functions, in the format and on the schedule speci- fied by the Secretary. 2. The reporting function of the President under sec- tion 7104(i) of the Act [22 U.S.C. 7536] is hereby assigned to the Secretary of Defense. Heads of departments and agencies shall, to the ex- tent permitted by law, furnish to the Secretary of De- fense information the Secretary requests to perform such functions, in the format and on the schedule speci- fied by the Secretary. 3. The reporting functions under sections 1022 and 1094 of the Act [50 U.S.C. 3057, 3001 note] are hereby as- signed to the Director of National Intelligence. Heads of departments and agencies shall, to the ex- tent permitted by law, furnish to the Director of Na- tional Intelligence information the Director requests to perform such functions, in the format and on the schedule specified by the Director. The Secretaries of State and Defense, and the Direc- tor of National Intelligence shall perform such func- tions in a manner consistent with the President’s con- stitutional authority to withhold information the dis- closure of which could impair foreign relations, na- tional security, the deliberative processes of the Execu- tive, or the performance of the Executive’s constitu- tional duties. Any reference in this memorandum to the provision of any Act shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such provision. The Secretary of State is authorized and directed to publish this memorandum in the Federal Register. GEORGE W. BUSH. § 302. Scope of delegation of functions The authority conferred by this chapter shall apply to any function vested in the President by law if such law does not affirmatively prohibit delegation of the performance of such function as herein provided for, or specifically designate the officer or officers to whom it may be dele- gated. This chapter shall not be deemed to limit or derogate from any existing or inherent right of the President to delegate the performance of functions vested in him by law, and nothing herein shall be deemed to require express au- thorization in any case in which such an official would be presumed in law to have acted by au- thority or direction of the President. (Added Oct. 31, 1951, ch. 655, § 10, 65 Stat. 712.) Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE For similar provisions contained in prior law, and saving clause in connection therewith, see note pre- ceding section 301 of this title. § 303. Definitions As used in this chapter, the term ‘‘function’’ embraces any duty, power, responsibility, au- thority, or discretion vested in the President or other officer concerned, and the terms ‘‘per- form’’ and ‘‘performance’’ may be construed to mean ‘‘exercise’’. (Added Oct. 31, 1951, ch. 655, § 10, 65 Stat. 712.) Statutory Notes and Related Subsidiaries SIMILAR PROVISIONS; REPEAL; SAVING CLAUSE For similar provisions contained in prior law, and saving clause in connection therewith, see note pre- ceding section 301 of this title. CHAPTER 5—EXTENSION OF CERTAIN RIGHTS AND PROTECTIONS TO PRESI- DENTIAL OFFICES SUBCHAPTER I—GENERAL PROVISIONS Sec. 401. Definitions. 402. Application of laws. SUBCHAPTER II—EXTENSION OF RIGHTS AND PROTECTIONS PART A—EMPLOYMENT DISCRIMINATION, FAMILY AND MEDICAL LEAVE, FAIR LABOR STANDARDS, EMPLOYEE POLYGRAPH PROTECTION, WORKER ADJUSTMENT AND RETRAINING, EMPLOYMENT AND REEMPLOYMENT OF VETERANS, AND INTIMIDATION 411. Rights and protections under title VII of the Civil Rights Act of 1964, the Age Discrimi- nation in Employment Act of 1967, the Re- habilitation Act of 1973, and title I of the Americans with Disabilities Act of 1990. 412. Rights and protections under the Family and Medical Leave Act of 1993. 413. Rights and protections under the Fair Labor Standards Act of 1938. 414. Rights and protections under the Employee Polygraph Protection Act of 1988. 415. Rights and protections under the Worker Ad- justment and Retraining Notification Act. 416. Rights and protections relating to veterans’ employment and reemployment. 417. Prohibition of intimidation or reprisal. PART B—PUBLIC ACCESS PROVISIONS UNDER THE AMERICANS WITH DISABILITIES ACT OF 1990 421. Rights and protections under the Americans With Disabilities Act of 1990.1 PART C—OCCUPATIONAL SAFETY AND HEALTH ACT OF 1970 425. Rights and protections under the Occupa- tional Safety and Health Act of 1970; proce- dures for remedy of violations. PART D—LABOR-MANAGEMENT RELATIONS 431. Application of chapter 71 of title 5, relating to Federal service labor-management rela- tions; procedures for remedy of violations. PART E—GENERAL 435. Generally applicable remedies and limita- tions. SUBCHAPTER III—ADMINISTRATIVE AND JUDICIAL DISPUTE RESOLUTION PROCEDURES 451. Procedure for consideration of alleged viola- tions. 452. Counseling and mediation. 453. Election of proceeding. 454. Appropriate agencies. 455. Effect of failure to issue regulations. 456. Confidentiality. SUBCHAPTER IV—EFFECTIVE DATE 471. Effective date.