§ 2603. — Delegation of powers.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2603]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 36--MIGRATION AND REFUGEE ASSISTANCE
Sec. 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 specified in section 2602(b) of this title.
(Pub. L. 87-510, Sec. 4(a)(1), June 28, 1962, 76 Stat. 123.)
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, as amended, 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repealed sections 1925(a), (c), (d), and 1951(c) of this title, enacted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 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.
Ex. Ord. No. 11077. Administration of Chapter
Ex. Ord. No. 11077. Jan. 22, 1963, 28 F.R. 629, as amended 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 Migration and Refugee
Assistance Act of 1962 (76 Stat. 121-124; hereinafter referred to as the
Act) [this chapter], 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 provisions of Section 2(1) of this order.
(3) In connection with functions under the Act assigned 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 assuring 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 Refugee 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 allocate 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 provided 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 agency
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 determined 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
Government 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 Administrative
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. 1241(a) (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.
(b) It is directed (1) that all waivers of statutes and limitations
of authority effected by the foregoing provisions 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, undertaken, or entered into with respect to any function
affected 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
authority.
Sec. 6. Effective date. The provisions of this order shall be
effective as of July 1, 1962.
