22 U.S.C. § 2605 — Use of funds and personnel; savings provi-

Page 1048 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2604 1 See References in Text note below. ugee and Migration Assistance Fund established by Section 2(c) of the act (22 U.S.C. 2601) shall be deemed to be allocated without further action of the President to the Secretary of State, and the Secretary may allo- cate or transfer, as appropriate, such funds to any agency, or part thereof, for obligation or expenditure consistent with the provisions of this order, the act, and other applicable law: Provided, That such funds may not be transferred, obligated, or expended until the President shall have made the determinations pro- vided for in Section 2(c)(1) of the act [section 2601(c)(1) of this title], which determinations are reserved to the President, and the designations and determinations provided for in Section 2(b)(2) of the act [section 2601(b)(2) of this title]. SEC. 2. Redelegation. (a) The Secretary of State may redelegate any of his functions under this order to any of his subordinates. (b) The Secretary of State may assign to the head of any executive department or to the head of any other agency of the executive branch of the Government, with the consent of the head of the department or agen- cy concerned, the performance of any function of the Secretary under this order whenever he deems that such action would be advantageous to the Government. SEC. 3. Waivers. (a) In accordance with Section 3(b) of the Act [section 2602(b) of this title], it is hereby deter- mined that it is in furtherance of the purposes of the Act that the functions authorized under the Act may be performed (by any department or agency of the Govern- ment authorized to perform those functions) without regard to the following-specified provisions of law: (1) The Act of March 26, 1934, c. 90, 47 Stat. 500, as amended (15 U.S.C. 616a) (shipment of certain exports in United States vessels.) (2) Section 3648 of the Revised Statutes, as amended (31 U.S.C. 529) (advance of funds). (3) Section 3709 of the Revised Statutes, as amended (41 U.S.C. 5) (competitive bids). (4) Section 3710 of the Revised Statutes (41 U.S.C. 8) (opening of bids). (5) Section 2 of the Act of March 3, 1933, c. 212, 47 Stat. 1520 (41 U.S.C. 10a) (Buy American Act). (6) Section 3735 of the Revised Statutes (41 U.S.C. 13) (contracts limited to one year). (7) Sections 302–305 of the Federal Property and Ad- ministrative Services Act of 1949 (June 30, 1949, c. 288, 63 Stat. 393 et seq.), as amended (41 U.S.C. 252–255) (competitive bids; negotiated contracts; advances). (8) Section 901(a) of the Merchant Marine Act, 1936 (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 reg- istered under the laws of the United States[)]. (b) It is directed (1) that all waivers of statutes and limitations of authority effected by the foregoing pro- visions of this section shall be utilized in a prudent manner and as sparingly as may be practical, and (2) that suitable steps shall be taken by the administrative agencies concerned to insure that result, including, as may be appropriate, the imposition of administrative limitations in lieu of waived statutory requirements and limitations of authority. SEC. 4. Definition. As used in this order, the word ‘‘function’’ or ‘‘functions’’ includes any executive duty, obligation, power, authority, responsibility, right, privilege, discretion, or activity. SEC. 5. Saving provisions. Except to the extent that they may be inconsistent with law or with this order, all determinations, authorizations, regulations, orders, contracts, agreements and other actions issued, under- taken, or entered into with respect to any function af- fected 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 au- thority. SEC. 6. Effective date. The provisions of this order shall be effective as of July 1, 1962. § 2604. Allocation, transfer and availability of funds; separate appropriation accounts on Treasury books The President may allocate or transfer to any agency of the United States Government any part of any funds available for carrying out the purposes of this chapter. Such funds shall be available for obligation and expenditure for the purposes for which authorized in accordance with authority granted in this chapter or under authority governing the activities of the agen- cies of the United States Government to which such funds are allocated or transferred. Funds allocated or transferred pursuant to this section to any such agency may be established in sepa- rate appropriation accounts on the books of the Treasury. (Pub. L. 87–510, § 4(b), June 28, 1962, 76 Stat. 123.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–510, June 28, 1962, 76 Stat. 121, known as the Migration and Refugee Assist- ance Act of 1962, which enacted this chapter, amended section 1104 of Title 8, Aliens and Nationality, repealed sections 1925(a), (c), (d), and 1951(c) of this title, enacted a provision set out as a note under section 2601 of this title, and amended a provision set out as a note under section 1182 of title 8. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables. § 2605. Use of funds and personnel; savings provi- sion (a) Use of funds Funds made available for the purposes of this chapter shall be available for— (1) compensation, allowances, and travel of personnel, including members of the Foreign Service whose services are utilized primarily for the purpose of this chapter, and without regard to the provisions of any other law, for printing and binding, and for expenditures outside the United States for the procurement of supplies and services and for other adminis- trative and operating purposes (other than compensation of personnel) without regard to such laws and regulations governing the obli- gation and expenditure of Government funds as may be necessary to accomplish the pur- poses of this chapter; (2) employment or assignment of members of the Foreign Service serving under limited ap- pointments for the duration of operations under this chapter; (3) exchange of funds without regard to sec- tion 3651 1 of the Revised Statutes (31 U.S.C. 543), and loss by exchanges; (4) expenses authorized by the Foreign Serv- ice Act of 1980 [22 U.S.C. 3901 et seq.], not oth- erwise provided for; (5) expenses authorized by the Act of August 1, 1956 (70 Stat. 890–892), as amended; (6) contracting for personal services abroad, and individuals employed by contract to per- form such services shall not be considered to Page 1049 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2606 be employees of the United States for purposes of any law administered by the Office of Per- sonnel Management, except that the Secretary of State may determine the applicability to such individuals of section 2(f) of the State De- partment Basic Authorities Act of 1956 (22 U.S.C. 2669(f)) and of any other law adminis- tered by the Secretary concerning the employ- ment of such individuals abroad; and (7) all other expenses determined by the President to be necessary to carry out the pur- poses of this chapter. (b) Savings provision Except as may be expressly provided to the contrary in this chapter, all determinations, au- thorizations, regulations, orders, contracts, agreements and other actions issued, under- taken, or entered into under authority of any provision of law repealed by this chapter shall continue in full force and effect until modified, revoked, or superseded under the authority of this chapter. (c) Use of personnel Personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau charged with carrying out this chapter. (Pub. L. 87–510, § 5, June 28, 1962, 76 Stat. 123; Pub. L. 96–465, title II, § 2206(a)(10), Oct. 17, 1980, 94 Stat. 2162; Pub. L. 99–93, title I, § 112(a), Aug. 16, 1985, 99 Stat. 410; Pub. L. 103–236, title I, § 164(b), Apr. 30, 1994, 108 Stat. 411; Pub. L. 103–415, § 1(ff), Oct. 25, 1994, 108 Stat. 4303.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–510, June 28, 1962, 76 Stat. 121, known as the Migration and Refugee Assist- ance Act of 1962, which enacted this chapter, amended section 1104 of Title 8, Aliens and Nationality, repealed sections 1925(a), (c), (d), and 1951(c) of this title, enacted a provision set out as a note under section 2601 of this title, and amended a provision set out as a note under section 1182 of title 8. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables. Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to in subsec. (a)(3), was repealed by Pub. L. 97–258, § 5(b), Sept. 13, 1982, 96 Stat. 1068, the first sec- tion of which enacted Title 31, Money and Finance. The Foreign Service Act of 1980, referred to in subsec. (a)(4), is Pub. L. 96–465, Oct. 17, 1980, 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables. Act of August 1, 1956, as amended, referred to in sub- sec. (a)(5), is act Aug. 1, 1956, ch. 841, 70 Stat. 890, known as the State Department Basic Authorities Act of 1956. For complete classification of this Act to the Code, see Short Title note set out under section 2651 of this title and Tables. AMENDMENTS 1994—Subsec. (c). Pub. L. 103–236, as amended by Pub. L. 103–415, added subsec. (c). 1985—Subsec. (a)(6), (7). Pub. L. 99–93, § 112(a), added par. (6) and redesignated former par. (6) as (7). 1980—Subsec. (a)(1). Pub. L. 96–465, § 2206(a)(10)(A), substituted ‘‘members of the Foreign Service’’ for ‘‘Foreign Service personnel’’. Subsec. (a)(2). Pub. L. 96–465, § 2206(a)(10)(B), sub- stituted ‘‘members of the Foreign Service serving under limited appointments’’ for ‘‘Foreign Service Re- serve officers’’. Subsec. (a)(4). Pub. L. 96–465, § 2206(a)(10)(C), sub- stituted reference to the Foreign Service Act of 1980 for reference to the Foreign Service Act of 1946. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 1985 AMENDMENT Pub. L. 99–93, title I, § 112(b), Aug. 16, 1985, 99 Stat. 411, provided that: ‘‘Authority provided by the amendment made by subsection (a) [amending this section] shall only apply with respect to funds appropriated after the date of the enactment of this Act [Aug. 16, 1985].’’ EFFECTIVE DATE OF 1980 AMENDMENT Amendment by Pub. L. 96–465 effective Feb. 15, 1981, except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title. § 2606. Audits of U.S. funds received by the United Nations High Commissioner for Refu- gees (a) Program audits Funds may not be available to the United Na- tions High Commissioner for Refugees (UNHCR) under this chapter or any other Act unless pro- vision is made for— (1) annual program audits to determine the use of UNHCR funds, including the use of such funds by implementing partners; and (2) such audits are made available through the Department of State for inspection by the Comptroller General of the United States. (b) First program audit The first program audit pursuant to sub- section (a)(1) shall begin not later than June 1, 1986. (Pub. L. 87–510, § 8, as added Pub. L. 99–93, title I, § 113, Aug. 16, 1985, 99 Stat. 411; amended Pub. L. 101–246, title VII, § 701, Feb. 16, 1990, 104 Stat. 74; Pub. L. 104–66, title I, § 1111(a), Dec. 21, 1995, 109 Stat. 723.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in subsec. (a), was in the original ‘‘this Act’’, meaning Pub. L. 87–510, June 28, 1962, 76 Stat. 121, known as the Migration and Refugee Assistance Act of 1962, which enacted this chapter, amended section 1104 of Title 8, Aliens and Nationality, repealed sections 1925(a), (c), (d), and 1951(c) of this title, enacted a provision set out as a note under sec- tion 2601 of this title, and amended a provision set out as a note under section 1182 of Title 8. For complete classification of this Act to the Code, see Short Title note set out under section 2601 of this title and Tables. AMENDMENTS 1995—Subsecs. (b), (c). Pub. L. 104–66 redesignated subsec. (c) as (b) and struck out heading and text of former subsec. (b). Text read as follows: ‘‘The Comp- troller General of the United States shall inspect each such audit and submit a report of that inspection to the Congress.’’ 1990—Subsec. (a). Pub. L. 101–246 amended subsec. (a) generally. Prior to amendment, subsec. (a) read as fol- lows: ‘‘Funds may not be made available to the United Nations High Commissioner for Refugees under this