22 U.S.C. § 2603 — Delegation of powers

Page 1047 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2603 is the same or substantially the same as such provi- sion. You are authorized and directed to publish this De- termination in the Federal Register. GEORGE W. BUSH. Determination of President of the United States, No. 99–6, Nov. 30, 1998, 34 Weekly Compilation of Presi- dential Documents 2398, Dec. 7, 1998, provided: Memorandum for the Secretary of State By virtue of the authority vested in me by the Con- stitution and laws of the United States of America, in- cluding section 301 of title 3 of the United States Code, I hereby delegate the functions and authorities con- ferred upon the President by section 2(b)(2) of the Mi- gration and Refugee Assistance Act (MRAA) of 1962, as amended, 22 U.S.C. 2601(b)(2), to the Secretary of State, who is authorized to redelegate these functions and au- thorities consistent with applicable law. The Secretary of State, or his or her delegate, is directed to provide notice to the President of any use of the functions and authorities delegated by this determination. Any reference in this memorandum to section 2(b)(2) of the MRAA, as amended, shall be deemed to include references to any hereafter-enacted provision of law that is the same or substantially the same as such pro- vision. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 2602. Presidential authorization (a) Authority of President to make loans, ad- vances, grants, contracts, etc.; authority to use money, funds, property, services, etc. In carrying out the purpose of this chapter, the President is authorized— (1) to make loans, advances, and grants to, make and perform agreements and contracts with, or enter into other transactions with, any individual, corporation, or other body of persons, government or government agency, whether within or without the United States, and international and intergovernmental or- ganizations; (2) to accept and use money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for such purposes. (b) Performance of functions without regard to specified provisions of law Whenever the President determines it to be in furtherance of the purposes of this chapter, the functions authorized under this chapter may be performed without regard to such provisions of law (other than the Renegotiation Act of 1951), as amended, regulating the making, perform- ance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the President may speci- fy. (Pub. L. 87–510, § 3, 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. The Renegotiation Act of 1951, as amended, referred to in subsec. (b), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, which was classified principally to section 1211 et seq. of the former Appendix to Title 50, War and National Defense, prior to its omission from the Code. § 2603. Delegation of powers The President is authorized to designate the head of any department or agency of the United States Government, or any official thereof who is required to be appointed by the President by and with the advice and consent of the Senate, to perform any functions conferred upon the President by this chapter. If the President shall so specify, any individual so designated under this section is authorized to redelegate to any of his subordinates any functions authorized to be performed by him under this section, except the function of exercising the waiver authority spec- ified in section 2602(b) of this title. (Pub. L. 87–510, § 4(a)(1), 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. Executive Documents EX. ORD. NO. 11077. ADMINISTRATION OF CHAPTER Ex. Ord. No. 11077. Jan. 22, 1963, 28 F.R. 629, as amend- ed by Ex. Ord. No. 11922, June 16, 1976, 41 F.R. 24573; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by the Migra- tion and Refugee Assistance Act of 1962 (76 Stat. 121–124; hereinafter referred to as the Act) [this chap- ter], and as President of the United States, it is ordered as follows: SECTION 1. Department of State. (a) The Secretary of State is hereby designated to perform the following: (1) The functions provided for in Sections 2(a) and 2(b)(1) of the Act [section 2601(a), (b)(1) of this title]. (2) The functions provided for in Section 2(b)(2) of the Act [section 2601(b)(2) of this title], exclusive of so much thereof as is assigned or reserved by the provi- sions of Section 2(1) of this order. (3) In connection with functions under the Act as- signed to the Secretary of State, the functions provided for in Sections 3(a), 4(b), and 5(a) of the Act [sections 2602(a), 2604, and 2605(a) of this title]. (b) The Secretary of State shall from time to time furnish the President documents appropriate for the discharge by the President of his responsibilities under Section 2(d) of the Act [section 2601(d) of this title]. (c) With due regard for other relevant considerations (including the interests of any other executive agencies which may be concerned), the Secretary of State shall assume the leadership and provide the guidance for as- suring that programs authorized under the Act best serve the foreign policy objectives of the United States. (d) Funds appropriated or otherwise made available to the President for the United States Emergency Ref- 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