US (United States) Code. Title 22. Chapter 36: Migration and refugee assistance

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Foreign Relations and Intercourse

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22 USC CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE

-HEAD-

CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE

-MISC1-

Sec.

2601. Refugees and migration.

(a) United States membership in International

Organization for Migration; contributions to

Organization.

(b) Appropriations for assistance to refugees.

(c) United States Emergency Refugee and Migration

Assistance Fund; appropriations.

(d) Information to Congressional committees.

(e) Continued availability of certain funds.

(f) Restrictions on foreign assistance not

applicable to migration and refugee

assistance.

2602. Presidential authorization.

(a) Authority of President to make loans, advances,

grants, contracts, etc.; authority to use

money, funds, property, services, etc.

(b) Performance of functions without regard to

specified provisions of law.

2603. Delegation of powers.

2604. Allocation, transfer and availability of funds;

separate appropriation accounts on Treasury books.

2605. Use of funds and personnel; savings provision.

(a) Use of funds.

(b) Savings provision.

(c) Use of personnel.

2606. Audits of U.S. funds received by the United Nations

High Commissioner for Refugees.

(a) Program audits.

(b) First program audit.

-SECREF-

CHAPTER REFERRED TO IN OTHER SECTIONS

This chapter is referred to in sections 2275, 2318 of this title.

-End-

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22 USC Sec. 2601 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE

-HEAD-

Sec. 2601. Refugees and migration

-STATUTE-

(a) United States membership in International Organization for

Migration; contributions to Organization

(1) The President is authorized to continue membership for the

United States in the International Organization for Migration in

accordance with the constitution of such organization approved in

Venice, Italy, on October 19, 1953, as amended in Geneva,

Switzerland, on November 24, 1998, upon entry into force of such

amendments.

(2) For the purpose of assisting in the movement of refugees and

migrants, there are authorized to be appropriated to the President

such amounts as may be necessary from time to time for payment by

the United States of its contributions to the International

Organization for Migration and all necessary salaries and expenses

incidental to United States participation in such organization.

(b) Appropriations for assistance to refugees

There are authorized to be appropriated such amounts as may be

necessary from time to time -

(1) for contributions to the activities of the United Nations

High Commissioner for Refugees for assistance to refugees under

his mandate or persons on behalf of whom he is exercising his

good offices, and for contributions to the International

Organization for Migration, the International Committee of the

Red Cross, and to other relevant international organizations; and

(2) for assistance to or on behalf of refugees who are outside

the United States designated by the President (by class, group,

or designation of their respective countries of origin or areas

of residence) when the President determines that such assistance

will contribute to the foreign policy interests of the United

States.

(c) United States Emergency Refugee and Migration Assistance Fund;

appropriations

(1) Whenever the President determines it to be important to the

national interest he is authorized to furnish on such terms and

conditions as he may determine assistance under this chapter for

the purpose of meeting unexpected urgent refugee and migration

needs.

(2) There is established a United States Emergency Refugee and

Migration Assistance Fund to carry out the purposes of this

section. There is authorized to be appropriated to the President

from time to time such amounts as may be necessary for the fund to

carry out the purposes of this section, except that no amount of

funds may be appropriated which, when added to amounts previously

appropriated but not yet obligated, would cause such amounts to

exceed $100,000,000. Amounts appropriated hereunder shall remain

available until expended.

(3) Whenever the President requests appropriations pursuant to

this authorization he shall justify such requests to the Committee

on Foreign Relations of the Senate and to the Speaker of the House

of Representatives, as well as to the Committees on Appropriations.

(d) Information to Congressional committees

The President shall keep the appropriate committees of Congress

currently informed of the use of funds and the exercise of

functions authorized in this chapter.

(e) Continued availability of certain funds

Unexpended balances of funds made available under authority of

the Mutual Security Act of 1954, as amended, and of the Foreign

Assistance Act of 1961, as amended, [22 U.S.C. 2151 et seq.], and

allocated or transferred for the purposes of sections 405(a),

405(c), 405(d) and 451(c) (!1) of the Mutual Security Act of 1954,

as amended [22 U.S.C. 1925(a), (c), (d), 1951(c)], are authorized

to be continued available for the purposes of this section and may

be consolidated with appropriations authorized by this section.

(f) Restrictions on foreign assistance not applicable to migration

and refugee assistance

The President may furnish assistance and make contributions under

this chapter notwithstanding any provision of law which restricts

assistance to foreign countries.

-SOURCE-

(Pub. L. 87-510, Sec. 2, June 28, 1962, 76 Stat. 121; Pub. L.

88-634, title II, Sec. 201, Oct. 7, 1964, 78 Stat. 1021; Pub. L.

94-141, title V, Sec. 501(a), Nov. 29, 1975, 89 Stat. 771; Pub. L.

96-212, title III, Sec. 312(b), Mar. 17, 1980, 94 Stat. 116; Pub.

L. 99-93, title I, Sec. 111, Aug. 16, 1985, 99 Stat. 410; Pub. L.

103-236, title IV, Sec. 430(a), Apr. 30, 1994, 108 Stat. 459; Pub.

L. 107-228, div. A, title II, Sec. 242, Sept. 30, 2002, 116 Stat.

1374.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsecs. (c)(1), (d), and (f), 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

1404 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 this section, 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 below and

Tables.

The Foreign Assistance Act of 1961, as amended, referred to in

subsec. (e), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as

amended, which is classified principally to chapter 32 (Sec. 2151

et seq.) of this title. For complete classification of this Act to

the Code, see Short Title note set out under section 2151 of this

title and Tables.

The Mutual Security Act of 1954, as amended, referred to in

subsec. (e), is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as

amended by acts July 8, 1955, ch. 301, 69 Stat. 283; July 18, 1956,

ch. 627, Secs. 2-11, 70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141,

71 Stat. 355; June 30, 1958, Pub. L. 85-477, ch. 1, Secs. 101-103,

ch. II, Secs. 201-205, ch. III, Sec. 301, ch. IV, Sec. 401, ch. V,

Sec. 501, 72 Stat. 261; July 24, 1959, Pub. L. 86-108, Sec. 2, ch.

1, Sec. 101, ch. II, Secs. 201-205(a)-(i), (k)-(n), ch. III, Sec.

301, ch. IV, Sec. 401(a)-(k), (m), 73 Stat. 246; May 14, 1960, Pub.

L. 86-472, ch. I to V, 74 Stat. 134, which was principally

classified to chapter 24 (Sec. 1750 et seq.) of this title and

which was repealed by act July 18, 1956, ch. 627, Sec. 8(m), 70

Stat. 559, Pub. L. 85-141, Secs. 2(e), 3, 4(b), 11(d), Aug. 14,

1957, 71 Stat. 356, Pub. L. 86-108, ch. II, Secs. 205(j), ch. IV,

401(1), July 24, 1959, 73 Stat. 250, Pub. L. 86-472, ch. II, Secs.

203(d), 204(k), May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt.

III, Sec. 642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329,

title II, Sec. 212(b)(1), June 30, 1976, 90 Stat. 745, Pub. L.

104-127, title II, Sec. 228, Apr. 4, 1996, 110 Stat. 963, except

for sections 1754, 1783, 1796, 1853, 1928, and 1937 of this title.

For complete classification of this Act to the Code, see Short

Title note set out under section 1754 of this title and Tables.

Sections 405(a), 405(c), 405(d), and 451(c) of the Mutual

Security Act of 1954, as amended, referred to in subsec. (e), were

sections of act Aug. 26, 1954, ch. 937, 68 Stat. 832, and were

repealed by section 6 of Pub. L. 87-510.

-MISC1-

AMENDMENTS

2002 - Subsec. (a). Pub. L. 107-228 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "The

President is authorized to continue membership for the United

States in the International Organization for Migration in

accordance with its constitution approved in Venice, Italy, on

October 19, 1953, as amended in Geneva, Switzerland, on May 20,

1987. For the purpose of assisting in the movement of refugees and

migrants and to enhance the economic progress of the developing

countries by providing for a coordinated supply of selected

manpower, there are authorized to be appropriated such amounts as

may be necessary from time to time for the payment by the United

States of its contributions to the Organization and all necessary

salaries and expenses incident to United States participation in

the Organization."

1994 - Subsec. (a). Pub. L. 103-236, Sec. 430(a)(1)-(3),

substituted "the International Organization for Migration" for "the

Intergovernmental Committee for European Migration", inserted ", as

amended in Geneva, Switzerland, on May 20, 1987" before period at

end of first sentence, and substituted "the Organization" for "the

Committee" in two places.

Subsec. (b)(1). Pub. L. 103-236, Sec. 430(a)(1), substituted "the

International Organization for Migration" for "the

Intergovernmental Committee for European Migration".

Subsec. (c)(2). Pub. L. 103-236, Sec. 430(a)(4), substituted

"$100,000,000" for "$50,000,000".

1985 - Subsec. (f). Pub. L. 99-93 added subsec. (f).

1980 - Subsec. (b). Pub. L. 96-212, Sec. 312(b)(1), in par. (1)

inserted provisions respecting contributions to the

Intergovernmental Committee for European Migration, etc., in par.

(2) inserted provisions requiring refugees to be outside of the

United States, and struck out requirement that the assistance

contribute to the defense or security of the United States, and

struck out pars. (3) to (6), which related to assistance when

determined by the President to be in the interest of the United

States, assistance to State and local agencies, assistance for

transportation and resettlement, and assistance for employment and

professional refresher training projects, respectively.

Subsec. (c)(2). Pub. L. 96-212, Sec. 312(b)(2), inserted

provisions increasing amount from $25,000,000 to $50,000,000.

1975 - Subsec. (c). Pub. L. 94-141 designated existing provision

as par. (1), substituted provisions authorizing the President to

furnish assistance on such terms and conditions as he determines,

for provisions authorizing President to transfer not more than

$10,000,000 in any fiscal year of the funds made available under

the Foreign Assistance Act of 1961 for the purposes of this

chapter, and added pars. (2) and (3).

1964 - Subsec. (e). Pub. L. 88-634 struck out last sentence

"Funds appropriated for the purposes of this section shall remain

available until expended."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-212 effective with respect to fiscal

years beginning on and after Oct. 1, 1979, see section 313 of Pub.

L. 96-212, set out as an Effective Date note under section 1522 of

Title 8, Immigration and Nationality.

SHORT TITLE

Section 1 of Pub. L. 87-510 provided: "That this Act [enacting

this chapter, amending sections 1925 and 1951 of this title and

section 1104 of Title 8, Aliens and Nationality, enacting

provisions set out as a note under this section, and amending

provisions set out as a note under section 1182 of Title 8] may be

cited as the 'Migration and Refugee Assistance Act of 1962'."

UNITED STATES POLICY REGARDING INVOLUNTARY RETURN OF REFUGEES

Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, Sec.

251], Nov. 29, 1999, 113 Stat. 1536, 1501A-431, provided that:

"(a) In General. - None of the funds made available by this Act

[see Short Title of 1999 Amendment note set out under section 2651

of this title] or by section 2(c) of the Migration and Refugee

Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to

effect the involuntary return by the United States of any person to

a country in which the person has a well-founded fear of

persecution on account of race, religion, nationality, membership

in a particular social group, or political opinion, except on

grounds recognized as precluding protection as a refugee under the

United Nations Convention Relating to the Status of Refugees of

July 28, 1951, and the Protocol Relating to the Status of Refugees

of January 31, 1967, subject to the reservations contained in the

United States Senate Resolution of Ratification.

"(b) Migration and Refugee Assistance. - None of the funds made

available by this Act or by section 2(c) of the Migration and

Refugee Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be

available to effect the involuntary return of any person to any

country unless the Secretary of State first notifies the

appropriate congressional committees [Committee on International

Relations of the House of Representatives and Committee on Foreign

Relations of the Senate], except that in the case of an emergency

involving a threat to human life the Secretary of State shall

notify the appropriate congressional committees as soon as

practicable.

"(c) Involuntary Return Defined. - As used in this section, the

term 'to effect the involuntary return' means to require, by means

of physical force or circumstances amounting to a threat thereof, a

person to return to a country against the person's will, regardless

of whether the person is physically present in the United States

and regardless of whether the United States acts directly or

through an agent."

Similar provisions were contained in the following prior act:

Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2241, Oct.

21, 1998, 112 Stat. 2681-821.

UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE TO REFUGEES AND

DISPLACED PERSONS

Section 501 of Pub. L. 103-236 provided that:

"(a) Standards for Refugee Women and Children. - The United

States Government, in providing for overseas assistance and

protection of refugees and displaced persons, shall seek to address

the protection and provision of basic needs of refugee women and

children who represent 80 percent of the world's refugee

population. As called for in the 1991 United Nations High

Commissioner for Refugees (UNHCR) 'Guidelines on the Protection of

Refugee Women', whether directly, or through international

organizations and nongovernmental voluntary organizations, the

Secretary of State shall seek to ensure -

"(1) specific attention on the part of the United Nations and

relief organizations to recruit and employ female protection

officers;

"(2) implementation of gender awareness training for field

staff including, but not limited to, security personnel;

"(3) the protection of refugee women and children from violence

and other abuses on the part of governments or insurgent groups;

"(4) full involvement of women refugees in the planning and

implementation of (A) the delivery of services and assistance,

and (B) the repatriation process;

"(5) incorporation of maternal and child health needs into

refugee health services and education, specifically to include

education on and access to services in reproductive health and

birth spacing;

"(6) the availability of counseling and other services,

grievance processes, and protective services to victims of

violence and abuse, including but not limited to rape and

domestic violence;

"(7) the provision of educational programs, particularly

literacy and numeracy, vocational and income-generation skills

training, and other training efforts promoting self-sufficiency

for refugee women, with special emphasis on women heads of

household;

"(8) education for all refugee children, ensuring equal access

for girls, and special services and family tracing for

unaccompanied refugee minors;

"(9) the collection of data that clearly enumerate age and

gender so that appropriate health, education, and assistance

programs can be planned;

"(10) the recruitment, hiring, and training of more women

program professionals in the international humanitarian field;

and

"(11) gender-awareness training for program staff of the United

Nations High Commissioner for Refugees (UNHCR) and

nongovernmental voluntary organizations on implementation of the

1991 UNHCR 'Guidelines on the Protection of Refugee Women'.

"(b) Procedures. - The Secretary of State should adopt specific

procedures to ensure that all recipients of United States

Government refugee and migration assistance funds implement the

standards outlined in subsection (a).

"(c) Requirements for Refugee and Migration Assistance. - The

Secretary of State, in providing migration and refugee assistance,

should support the protection efforts set forth under this section

by raising at the highest levels of government the issue of abuses

against refugee women and children by governments or insurgent

groups that engage in, permit, or condone -

"(1) a pattern of gross violations of internationally

recognized human rights, such as torture or cruel, inhumane, or

degrading treatment or punishment, prolonged detention without

charges, or other flagrant denial to life, liberty, and the

security of person;

"(2) the blockage of humanitarian relief assistance;

"(3) gender-specific persecution such as systematic individual

or mass rape, forced pregnancy, forced abortion, enforced

prostitution, any form of indecent assault or act of violence

against refugee women, girls, and children; or

"(4) continuing violations of the integrity of the person

against refugee women and children on the part of armed

insurgents, local security forces, or camp guards.

"(d) Investigation of Reports. - Upon receipt of credible reports

of abuses under subsection (c), the Secretary of State should

immediately investigate such reports through emergency fact-finding

missions or other means of investigating such reports and help

identify appropriate remedial measures.

"(e) Multilateral Implementation of the 1991 UNHCR 'Guidelines on

the Protection of Refugee Women'. - The Secretary of State should

work to ensure that multilateral organizations fully incorporate

the needs of refugee women and children into all elements of

refugee assistance programs and work to encourage other governments

that provide refugee assistance to adopt refugee assistance

policies designed to encourage full implementation of the 1991

UNHCR's 'Guidelines on the Protection of Refugee Women'."

UNITED STATES MEMBERSHIP IN INTERGOVERNMENTAL COMMITTEE FOR

EUROPEAN MIGRATION

Pub. L. 100-204, title VII, Sec. 745, Dec. 22, 1987, 101 Stat.

1396, authorized President to continue United States membership in

Intergovernmental Committee for European Migration and, upon entry

into force of amendments to constitution of such body approved May

20, 1987, to continue membership under the name International

Organization for Migration in accordance with such constitution and

amendments, and authorized appropriation of necessary amounts for

payment of United States contributions to such body and salaries

and expenses incidental to United States participation in such

body, prior to repeal by Pub. L. 103-236, title IV, Sec. 430(b),

Apr. 30, 1994, 108 Stat. 459.

INDOCHINA MIGRATION AND REFUGEE ASSISTANCE

Pub. L. 94-23, May 23, 1975, 89 Stat. 87, as amended by Pub. L.

94-313, June 21, 1976, 90 Stat. 691; Pub. L. 95-145, title II,

Secs. 201, 202, Oct. 28, 1977, 91 Stat. 1224, 1225; Pub. L. 95-549,

title II, Sec. 201, Oct. 30, 1978, 92 Stat. 2066; Pub. L. 96-110,

Sec. 3(a), Nov. 13, 1979, 93 Stat. 844, which set forth provisions

respecting appropriations, etc., for migration and refugee

assistance for aliens who fled from Cambodia, Laos, and Vietnam,

was repealed by Pub. L. 96-212, title III, Sec. 312(c), Mar. 17,

1980, 94 Stat. 117.

AVAILABILITY OF FUNDS FOR CONTINUATION OF ACTIVITIES

Section 7 of Pub. L. 87-510 provided that: "Until the enactment

of legislation appropriating funds for activities under this Act

[see Short Title note above], such activities may be conducted with

funds made available under section 451(a) of the Foreign Assistance

Act of 1961, as amended [section 2261(a) of this title]."

-EXEC-

EXECUTIVE ORDER NO. 12244

Ex. Ord. No. 12244, Oct. 3, 1980, 45 F.R. 66443, which provided

exemptions from certain statutory requirements for temporary

housing for Haitian and Cuban refugees at Fort Allen in Puerto Rico

for the period beginning Oct. 2, 1980, and ending Oct. 1, 1981, was

revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

EXECUTIVE ORDER NO. 12327

Ex. Ord. No. 12327, Oct. 1, 1981, 46 F.R. 48893, which provided

for temporary housing of Haitian refugees at Fort Allen in Puerto

Rico and exempted Fort Allen from certain statutory requirements,

was revoked by Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.

DELEGATION OF AUTHORITY

Determination of President of the United States, No. 02-25, July

9, 2002, 67 F.R. 47437, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by the Constitution and

laws of the United States, including section 301 of title 3 of the

United States Code, I hereby delegate the functions and authorities

conferred upon the President by sections 2(d) and 2(f) of the

Migration and Refugee Assistance Act (MRAA) of 1962, as amended, 22

U.S.C. Sec. 2601, insofar as they relate to actions taken under the

authority of section 2(b)(2) of the MRAA, to the Secretary of

State, who should insure timely performance of any duties and

obligations of the delegated authority and who is authorized to

redelegate these functions and authorities 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.

This delegation of authority supplements Presidential

Determination No. 99-6, Delegation of Authority Under Section

2(b)(2) of the Migration and Refugee Assistance Act of 1962, as

amended (November 30, 1998) [set out below].

Any reference in this memorandum to section 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 provision.

You are authorized and directed to publish this Determination in

the Federal Register.

George W. Bush.

Determination of President of the United States, No. 99-6, Nov.

30, 1998, 34 Weekly Compilation of Presidential Documents 2398,

Dec. 7, 1998, provided:

Memorandum for the Secretary of State

By virtue of the authority vested in me by the Constitution and

laws of the United States of America, including section 301 of

title 3 of the United States Code, I hereby delegate the functions

and authorities conferred upon the President by section 2(b)(2) of

the Migration 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 authorities 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 provision.

You are authorized and directed to publish this memorandum in the

Federal Register.

William J. Clinton.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2730 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

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22 USC Sec. 2602 01/06/03

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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE

-HEAD-

Sec. 2602. Presidential authorization

-STATUTE-

(a) Authority of President to make loans, advances, 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

organizations;

(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 [50 App.

U.S.C. 1211 et seq.], regulating the making, performance,

amendment, or modification of contracts and the expenditure of

funds of the United States Government as the President may specify.

-SOURCE-

(Pub. L. 87-510, Sec. 3, June 28, 1962, 76 Stat. 123.)

-REFTEXT-

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.

The Renegotiation Act of 1951, as amended, referred to in subsec.

(b), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, as amended, which

was classified principally to section 1211 et seq. of Title 50,

Appendix, War and National Defense, prior to its omission from the

Code. See Codification note preceding section 1211 of Title 50,

Appendix.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 2603 of this title; title

26 section 6103.

-End-

-CITE-

22 USC Sec. 2603 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE

-HEAD-

Sec. 2603. Delegation of powers

-STATUTE-

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.

-SOURCE-

(Pub. L. 87-510, Sec. 4(a)(1), June 28, 1962, 76 Stat. 123.)

-REFTEXT-

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.

-EXEC-

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.

-End-

-CITE-

22 USC Sec. 2604 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE

-HEAD-

Sec. 2604. Allocation, transfer and availability of funds; separate

appropriation accounts on Treasury books

-STATUTE-

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 agencies 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 separate

appropriation accounts on the books of the Treasury.

-SOURCE-

(Pub. L. 87-510, Sec. 4(b), June 28, 1962, 76 Stat. 123.)

-REFTEXT-

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.

-End-

-CITE-

22 USC Sec. 2605 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE

-HEAD-

Sec. 2605. Use of funds and personnel; savings provision

-STATUTE-

(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 administrative

and operating purposes (other than compensation of personnel)

without regard to such laws and regulations governing the

obligation and expenditure of Government funds as may be

necessary to accomplish the purposes of this chapter;

(2) employment or assignment of members of the Foreign Service

serving under limited appointments for the duration of operations

under this chapter;

(3) exchange of funds without regard to section 3651 (!1) of

the Revised Statutes (31 U.S.C. 543), and loss by exchanges;

(4) expenses authorized by the Foreign Service Act of 1980 [22

U.S.C. 3901 et seq.], not otherwise 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 perform such services shall not be

considered to be employees of the United States for purposes of

any law administered by the Office of Personnel Management,

except that the Secretary of State may determine the

applicability to such individuals of section 2(f) of the State

Department Basic Authorities Act of 1956 (22 U.S.C. 2669(f)) and

of any other law administered by the Secretary concerning the

employment of such individuals abroad; and

(7) all other expenses determined by the President to be

necessary to carry out the purposes of this chapter.

(b) Savings provision

Except as may be expressly provided to the contrary in this

chapter, all determinations, authorizations, regulations, orders,

contracts, agreements and other actions issued, undertaken, or

entered into under authority of any provision of law repealed by

this chapter shall continue in full force and effect until

modified, revoked, or superseded under the authority of this

chapter.

(c) Use of personnel

Personnel funded pursuant to this section are authorized to

provide administrative assistance to personnel assigned to the

bureau charged with carrying out this chapter.

-SOURCE-

(Pub. L. 87-510, Sec. 5, June 28, 1962, 76 Stat. 123; Pub. L.

96-465, title II, Sec. 2206(a)(10), Oct. 17, 1980, 94 Stat. 2162;

Pub. L. 99-93, title I, Sec. 112(a), Aug. 16, 1985, 99 Stat. 410;

Pub. L. 103-236, title I, Sec. 164(b), Apr. 30, 1994, 108 Stat.

411; Pub. L. 103-415, Sec. 1(ff), Oct. 25, 1994, 108 Stat. 4303.)

-REFTEXT-

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.

Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to

in subsec. (a)(3), was repealed by Pub. L. 97-258, Sec. 5(b), Sept.

13, 1982, 96 Stat. 1068, the first section of which enacted Title

31, Money and Finance.

The Foreign Service Act of 1980, referred to in subsec. (a)(4),

is Pub. L. 96-465, Oct. 17, 1980, 94 Stat. 2071, which is

classified principally to chapter 52 (Sec. 3901 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3901 of this title and

Tables.

Act of August 1, 1956, as amended, referred to in subsec. (a)(5),

is act Aug. 1, 1956, ch. 841, 70 Stat. 890, as amended, known as

the State Department Basic Authorities Act of 1956, which enacted

sections 2651a, 2669 to 2672, 2673 to 2679a, 2680, 2680a, 2684,

2687 to 2690, 2692, 2695, and 2696 to 2724 of this title and

chapters 53 (Sec. 4301 et seq.), 53A (Sec. 4341 et seq.), and 53B

(Sec. 4351 et seq.) of this title. For complete classification of

this Act to the Code, see Short Title note set out under section

2651 of this title and Tables.

-MISC1-

AMENDMENTS

1994 - Subsec. (c). Pub. L. 103-236, as amended by Pub. L.

103-415, added subsec. (c).

1985 - Subsec. (a)(6), (7). Pub. L. 99-93, Sec. 112(a), added

par. (6) and redesignated former par. (6) as (7).

1980 - Subsec. (a)(1). Pub. L. 96-465, Sec. 2206(a)(10)(A),

substituted "members of the Foreign Service" for "Foreign Service

personnel".

Subsec. (a)(2). Pub. L. 96-465, Sec. 2206(a)(10)(B), substituted

"members of the Foreign Service serving under limited appointments"

for "Foreign Service Reserve officers".

Subsec. (a)(4). Pub. L. 96-465, Sec. 2206(a)(10)(C), substituted

reference to the Foreign Service Act of 1980 for reference to the

Foreign Service Act of 1946.

EFFECTIVE DATE OF 1985 AMENDMENT

Section 112(b) of Pub. L. 99-93 provided that: "Authority

provided by the amendment made by subsection (a) [amending this

section] shall only apply with respect to funds appropriated after

the date of the enactment of this Act [Aug. 16, 1985]."

EFFECTIVE DATE OF 1980 AMENDMENT

Amendment by Pub. L. 96-465 effective Feb. 15, 1981, except as

otherwise provided, see section 2403 of Pub. L. 96-465, set out as

an Effective Date note under section 3901 of this title.

-FOOTNOTE-

(!1) See References in Text note below.

-End-

-CITE-

22 USC Sec. 2606 01/06/03

-EXPCITE-

TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE

CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE

-HEAD-

Sec. 2606. Audits of U.S. funds received by the United Nations High

Commissioner for Refugees

-STATUTE-

(a) Program audits

Funds may not be available to the United Nations High

Commissioner for Refugees (UNHCR) under this chapter or any other

Act unless provision is made for -

(1) annual program audits to determine the use of UNHCR funds,

including the use of such funds by implementing partners; and

(2) such audits are made available through the Department of

State for inspection by the Comptroller General of the United

States.

(b) First program audit

The first program audit pursuant to subsection (a)(1) of this

section shall begin not later than June 1, 1986.

-SOURCE-

(Pub. L. 87-510, Sec. 8, as added Pub. L. 99-93, title I, Sec. 113,

Aug. 16, 1985, 99 Stat. 411; amended Pub. L. 101-246, title VII,

Sec. 701, Feb. 16, 1990, 104 Stat. 74; Pub. L. 104-66, title I,

Sec. 1111(a), Dec. 21, 1995, 109 Stat. 723.)

-REFTEXT-

REFERENCES IN TEXT

This chapter, referred to in subsec. (a), 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.

-MISC1-

AMENDMENTS

1995 - Subsecs. (b), (c). Pub. L. 104-66 redesignated subsec. (c)

as (b) and struck out heading and text of former subsec. (b). Text

read as follows: "The Comptroller General of the United States

shall inspect each such audit and submit a report of that

inspection to the Congress."

1990 - Subsec. (a). Pub. L. 101-246 amended subsec. (a)

generally. Prior to amendment, subsec. (a) read as follows: "Funds

may not be made available to the United Nations High Commissioner

for Refugees under this chapter or any other Act unless by June 1,

1986, the High Commissioner provides for -

"(1) annual program audits by an independent consultant, as

selected by the Executive Committee of the United Nations High

Commissioner for Refugees, to determine the use of such funds,

including audits of the use of such funds by private and

voluntary organizations; and

"(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."

-End-