Legislación
US (United States) Code. Title 22. Chapter 36: Migration and refugee assistance
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22 USC CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE 01/06/03
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TITLE 22 - FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE
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CHAPTER 36 - MIGRATION AND REFUGEE ASSISTANCE
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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.
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CHAPTER REFERRED TO IN OTHER SECTIONS
This chapter is referred to in sections 2275, 2318 of this title.
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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
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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.)
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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.
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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.
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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.)
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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.
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22 USC Sec. 2603 01/06/03
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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-
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Enviado por: | El remitente no desea revelar su nombre |
Idioma: | inglés |
País: | Estados Unidos |