Definition. As used in this order, the word "function" or s" includes any executive duty, obligation, power, authorsibility, right, privilege, discretion or activity.

Saving provisions. Except to the extent that they may be ent with law or with this order, all determinations, au›ns, regulations, orders, contracts, agreements and other ssued, undertaken, or entered into with respect to any affected by this order and not revoked, superseded, or othade inapplicable before the date of this order, shall contince and effect until amended, modified, or terminated by ate authority.

Effective date. The provisions of this order shall be effecJuly 1, 1962.

(2) such audits to be made available through the Executive Committee to the Department of State and for inspection by the Comptroller General of the United States.

(b) INSPECTION AND REPORT BY COMPTROLLER GENERAL.-The Comptroller General of the United States shall inspect each such audit and submit a report of that inspection to the Congress.

(c) FIRST PROGRAM AUDIT.-The first program audit pursuant to subsection (a)(1) shall begin not later than June 1, 1986.

b. Administration of the Migration and Refugee Assistance Act of 1962

Executive Order 11077, January 22, 1963, 28 F.R. 629; as amended by Executive Order 11922, June 16, 1976, 41 F.R. 24573

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), 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.

(2) The functions provided for in section 2(b)(2) of the Act, 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.

(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. To the extent that they relate to functions performed by the Secretary of Health, Education, and Welfare under the provisions of this order, such documents shall be prepared in collaboration with the latter Secretary.

(c) With due regard for other relevant considerations (including the interests of the Department of Health, Education, and Welfare, and 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, which determinations are reserved to the President, and the designations and determinations provided for in Section 2(b)(2) of the Act.

1 Subsec. (d) was added by E.O. 11922, June 16, 1976.

Sec. 2. Department of Health, Education, and Welfare. (a) The Secretary of Health, Education, and Welfare is hereby designated to perform the following:

(1) The functions provided for in section 2(b)(2) of the Act to the extent that they are in respect of assistance to Cuban refugee students in the United States who are in need of loans to attend institutions of higher education, exclusive, however, of the designations and determinations provided for in that section, which designations and determinations are reserved to the President.

(2) The functions provided for in sections 2(b)(3) to 2(b)(6), inclusive, of the Act.

(3) In connection with functions under the Act assigned to the Secretary of Health, Education, and Welfare, the functions provided for in sections 3(a), 4(b), and 5(a)(6) of the Act and, except in respect of Foreign Service personnel, the functions provided for in section 5(a)(1) of the Act.

Sec. 3. Redelegation. (a) The Secretary of State and the Secretary of Health, Education, and Welfare may each redelegate any of his functions under this order to any of his subordinates.

Sec. 4. Waivers. (a) In accordance with Section 3(b) of the Act, 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 followingspecified provisions of law:

(1) the Act of March 26, 1934, c. 90, 48 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. 5. 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. 6. 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 force and effect until amended, modified, or terminated by appropriate authority.

Sec. 7. Effective date. The provisions of this order shall be effective as of July 1, 1962.