(2) In cases of confirmed evidence of a violation, whether or not such violation results in the taking of action by the Attorney General, the senior administrative official referred to in §3.10(c)(1) as responsible for forwarding a violation report to the Attorney General shall institute appropriate disciplinary action against an employee who has failed to (i) Deposit tangible gifts within 60 days after acceptance, (ii) account properly for the acceptance of travel expenses or (iii) comply with the Act's requirements respecting disposal of gifts and decorations retained for official use.

(3) In cases where there is confirmed evidence of a violation, but no evidence that the violation was willful on the part of the employee, the senior administrative official referred to in §3.10(c)(1) shall institute appropriate disciplinary action of a lesser degree than that called for in §3.10(c)(2) in order to deter future violations by the same or another employee.

§3.11 Responsibility of chief of mission to inform host government of restrictions on employee's receipt of gifts and decorations.

A special provision of the Act requires the President to direct every chief of a United States diplomatic mission to inform the host government that it is a general policy of the United States Government to prohibit its employes from receiving gifts of more than minimal value or decorations that have not been tendered "in recognition of active field service in time of combat operations or awarded for other outstanding or unusually meritorious performance." Accordingly, all Chiefs of Mission shall in January of each year conduct a thorough and explicit program of orientation aimed at appropriate officials of the host government concerning the operation of the Act.

§3.12 Exemption of grants and other foreign government assistance in cultural exchange programs from coverage of foreign gifts and decorations legislation.

The Act specifically excludes from its application grants and other forms of assistance "to which section 108A of the Mutual Education and Cultural Exchange Act of 1961 applies". See 22 U.S.C. 2558 (a) and (b) for the terms and conditions under which Congress consents to the acceptance by a Federal employee of grants and other forms of assistance provided by a foreign government to facilitate the participation of such employee in a cultural exchange.

a. Administration

(1) Migration and Refugee Assistance Act of 1962, as

amended

Public Law 87-510 [H.R. 8291], 76 Stat. 121, approved June 28, 1962, as amended by Public Law 88-634 [H.R. 11812], 78 Stat. 1021, approved October 7, 1964; Public Law 94-141 [Foreign Relations Authorization Act, Fiscal Year 1976; S. 1517], 89 Stat. 756, approved November 29, 1975; Public Law 96-212 [Refugee Act of 1980, S. 643], 94 Stat. 102, approved March 17, 1980; Public Law 96-465 [Foreign Service Act of 1980, H.R. 6790], 94 Stat. 2071 at 2162, approved October 17, 1980; Public Law 99-93 [Foreign Relations Authorization Act, Fiscal Years 1986 and 1987; H.R. 2068], 99 Stat 405, approved August 16, 1985; Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990; Public Law 103-236 [Foreign Relations Authorization Act, Fiscal Years 1994 and 1995; H.R. 2333], 108 Stat. 382, approved April 30, 1994; and by Public Law 104-66 [Federal Reports Elimination and Sunset Act of 1995; S. 790], 109 Stat. 707, approved December 21, 1995 AN ACT To enable the United States to participate in the assistance rendered to certain migrants and refugees.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Migration and Refugee Assistance Act of 1962."

SEC. 2.1 (a) The President is hereby authorized to continue membership for the United States in the International Organization for Migration 2 in accordance with its constitution approved in Venice, Italy, on October 19, 1953, as amended in Geneva, Switzerland, on May 20, 1987.3 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 hereby 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 4 and all necessary salaries and expenses incidental to United States participation in the Organization.4

(b) 5 There are hereby authorized to be appropriated such amounts as may be necessary from time to time

122 U.S.C. 2601.

2 Sec. 430(aX1) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), struck out "Intergovernmental Committee for European Migration" and inserted in lieu thereof "International Organization for Migration".

3 Sec. 430(aX3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), inserted “, as amended in Geneva, Switzerland, on May 20, 1987". *Sec. 430(aX2) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), struck out "Committee" and inserted in lieu thereof "Organization".

Sec. 312(bX1) of Public Law 96-212 (94 Stat. 116) amended subsec. (b) by striking pars. (1) through (6) and adding new pars. (1) and (2).

(895)

Continued

(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,2 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) 6 (1)7 Whenever the President determines it to be important to the national interest he is authorized to furnish on such terms

Appropriations for Migration and Refugee Assistance administered by the Department of State are provided in the annual Foreign Operations, Export Financing, and Related Programs Appropriations Act. For fiscal year 1997, title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104-208, 110 Stat. 3009), provided:

"MIGRATION AND REFUGEE ASSISTANCE

"For expenses, not otherwise provided for, necessary to enable the Secretary of State to pro vide, as authorized by law, a contribution to the International Committee of the Red Cross, assistance to refugees, including contributions to the International Organization for Migration and the United Nations High Commissioner for Refugees, and other activities to meet refugee and migration needs; salaries and expenses of personnel and dependents as authorized by the Foreign Service Act of 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; purchase and hire of passenger motor vehicles; and services as authorized by section 3109 of title 5, United States Code, $650,000,000: Provided, That not more than $12,000,000 shall be available for administrative expenses: Provided further, That not less than $80,000,000 shall be made available for refugees from the former Soviet Union and Eastern Europe and other refugees resettling in Israel.".

Sec. 104 of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 390), provided the following:

"SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

"(a) AUTHORIZATION OF APPROPRIATIONS.—

"(1) There are authorized to be appropriated for Migration and Refugee Assistance' for authorized activities, $589,188,000 for the fiscal year 1994 and $592,000,000 for the fiscal year 1995.

"(2) There are authorized to be appropriated $80,000,000 for the fiscal year 1994 and $80,000,000 for the fiscal year 1995 for assistance for refugees resettling in Israel.

"(3) There are authorized to be appropriated $1,500,000 for the fiscal year 1994 and $1,500,000 for the fiscal year 1995 for humanitarian assistance, including but not limited to, food, medicine, clothing, and medical and vocational training to persons displaced as a result of civil conflict in Burma, including persons still within Burma.

“(b) AVAILABILITY OF FUNDS.-Funds appropriated pursuant to subsection (a) are authorized to be available until expended.".

• Subsec. (c) was amended and restated by sec. 501(a) of Public Law 94-141.

"Presidential Determination No. 95-16 of March 13, 1995 (60 F.R. 15227), provided the following pursuant to sec. 2(cX1):

"*** it is important to the national interest that up to $11,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet the urgent and unexpected needs of victims of the conflict in Chechnya. These funds may be used as necessary to provide U.S. contributions in response to the appeals of international and nongovernmental organizations for funds to meet the urgent and unforeseen humanitarian needs of victims of the conflict in Chechnya.".

Presidential Determination No. 95-44 of September 20, 1995 (60 F.R. 50075) provided the following pursuant to sec. 2(c)1):

"*** it is important to the national interest that up to $20,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet the urgent and unexpected needs of refugees and victims of conflict from Rwanda and Burundi. These funds may be used as necessary to provide U.S. contributions in response to the appeals of international and nongovernmental organizations for funds to meet the urgent and unforeseen humanitarian needs of victims of conflict from Rwanda and Burundi.".

Presidential Determination No. 96-22 of April 18, 1996 (61 F.R. 26027), provided the following pursuant to sec. 2(cX1):

“*** it is important to the national interest that up to $22 million be made available from the United States Emergency Refugee and Migration Assistance Fund to meet the urgent needs

and conditions as he may determine assistance under this Act 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 $100,000,000.8 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) The President shall keep the appropriate committees of Congress currently informed of the use of funds and the exercise of functions authorized in this Act.

(e) 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 and allocated or transferred for the purposes of sections 405(a), 405(c), 405(d) and 451(c) of the Mutual Security Act of 1954, as amended, are hereby authorized to be continued available for the purposes of this section and may be consolidated with appropriations authorized by this section.9

(f) 10 The President may furnish assistance and make contributions under this Act notwithstanding any provision of law which restricts assistance to foreign countries.

of refugees and victims of conflicts from the former Yugoslavia. These funds may be used as necessary to provide U.S. contributions in response to the appeals of international and nongovernmental organizations for funds to meet the urgent and unforeseen humanitarian needs of victims of conflict from the former Yugoslavia.".

Presidential Determination No. 97-8 of November 27, 1996 (61 F.R. 65147), provided the following pursuant to sec. 2(c)(1):

it is important to the national interest that up to $15 million be made available from the United States Emergency Refugee and Migration Assistance Fund to meet the urgent and unexpected needs of refugees, victims of conflict, and other persons at risk in and from northern Iraq. These funds may be used on a multilateral or bilateral basis as appropriate to provide contributions to international organizations, private voluntary organizations, governments, and other governmental and nongovernmental agencies. These funds may be used as reimbursement for expenses already incurred by the Department of State for these purposes and to pay related Department of State administrative expenses.".

8 Sec. 430(aX4) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Stat. 459), inserted "$100,000,000" in lieu of "$50,000,000".

Previously, sec. 312(b)2) of Public Law 96-212 (94 Stat. 117) substituted $50,000,000 in lieu of $25,000,000.

Title II of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1997 (sec. 101(c) of title I of Public Law 104-208; 110 Stat. 3009), provided the following: "UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE FUND

"For necessary expenses to carry out the provisions of section 2(c) of the Migration and Refugee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $50,000,000, to remain available until expended: Provided, That the funds made available under this heading are appropriated notwithstanding the provisions contained in section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 which would limit the amount of funds which could be appropriated for this purpose.".

The final sentence in sec. 2(e) of this Act, repealed by the Foreign Assistance and Related Agencies Appropriation Act, 1965 (Public Law 88-634; 78 Stat. 1021), read: "Funds appropriated for the purposes of this section shall remain available until expended."

10 Subsec. (f) was added by sec. 111 of Public Law 99-93 (99 Stat. 405).

SEC. 3.11 (a) In carrying out the purpose of this Act, 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) Whenever the President determines it to be in furtherance of the purposes of this Act, the functions authorized under this Act may be performed without regard to such provisions of law (other than the Renegotiation Act of 1951 (65 Stat. 7), as amended) 12 regulating the making, performance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the President may specify.

SEC. 4.13 (a)(1) 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 Act. If the President shall so specify, any individual so designated under this subsection is authorized to redelegate to any of his subordinates any functions authorized to be performed by him under this subsection, except the function of exercising the waiver authority specified in section 3(b) of this Act.

(2) Section 104(b) of the Immigration and Nationality Act (8 U.S.C. 1104(b)), is amended by inserting after the first sentence the following: "He shall be appointed by the President by and with the advice and consent of the Senate."

(b) 14 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 Act. Such funds shall be available for obligation and expenditure for the purposes for which authorized in accordance with authority granted in this Act 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 subsection to any such agency may be established in separate appropriation accounts on the books of the Treasury.

SEC. 5.15 (a) Funds made available for the purposes of this Act shall be available for

(1) compensation, allowances, and travel of personnel, including members of the Foreign Service 16 whose services are utilized primarily for the purpose of this Act, and without regard

11 22 U.S.C. 2602.

12 50 U.S.C. App. 1211 note.

13 22 U.S.C. 2603.

14 22 U.S.C. 2604.

15 22 U.S.C. 2605.

16 The reference to members of the Foreign Service was substituted in lieu of a reference to Foreign Service personnel by sec. 2206(aX6) of the Foreign Service Act of 1980 (Public Law 96465; 94 Stat. 2162).