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[–]thefirststone 1 insightful - 1 fun1 insightful - 0 fun2 insightful - 1 fun -  (0 children)

No, it's under the Department of Health and Human Resources, which is cabinet thing, which is directly under the president. In theory, he can delegate any powers he has, unless whatever Congressional funding or other laws prohibit it.

He is quoted here ruminating that he probably doesn't have this power. So he did it anyway.