Executive Order 11077—Administration of the Migration and Refugee Assistance Act of 1962

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.

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.

(b) The Secretary of State and the Secretary of Health, Education, and Welfare may each 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. 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 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, 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 full 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.

JOHN F. KENNEDY

THE WHITE HOUSE,

January 22, 1963