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forwardingative official action by the whether or not
(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 g 3.10(c)(2) in order to deter future violations by the same or another employee. 83.11 Responsibility of chief of mission to inform host gov
ernment 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. 83.12 Exemption of grants and other foreign government
assistance in cultural exchange programs from coverage of foreign gifts and decorations legisla
tion. 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.
8. Immigration, Migration and Refugee Assistance
Public Law 87-810 (H.R. 8291), 76 Stat. 121, approved June 28, 1962, as
amended by Public Law 88 634 (H.R. 11812), 78 Stat, 1021, approved Octo. ber 7, 1964; Public Law 94-141 (Foreign Relations Authorization Act, Fis. cal Year 1976; S. 1617), 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 Rela. tions 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. 16, approved February 16, 1990; Public Law 103–236 (Foreign Relations Author ization Act, Fiscal Years 1994 and 1995; H.R. 2333), 108 Stat. 382, approved April 30, 1994
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 ref. ugees 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 pay. ment by the United States of its contributions to the Organization 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 1996 (Public Law 103-236; 108 Sual 459), struck out "Intergovernmental Committee for European Migra tion" and inserted in lieu thereof “International Organization for Migration".
3 Sec. 430(a X3) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103–236; 108 Slat. 459), inserted “, as amended in Geneva, Switzerland, on May 20, 1987.
•Sec. 430(a X2) of the Foreign Relations Authorizalion Act, Fiscal Years 1994 and 1995 (Pabhe Law 103-236; 108 Slal. 459), struck out "Commitle" and inserted in lieu thereof "Organiza tion".
Sec. 312(bX1) of Public Law 96-212 (94 Stat. 116) amended subsec. (b) by striking pan. (1) through (6) and adding new pars. (1) and (2).
Appropriations for Migration and Refugee Assistance administered by the Department of Stale are provided in the annual Foreign Operations, Export Financing, and Related Programs ** .i tereny designant refugees and displaced perre frun Wa Nowy lucaju SW of the forthe Soviet nuvi at quanin iur askarrut vir wat 2 2, Vatn * temne that even aan wil cunmuuk i Uniunci pirm
(1) for contributions to the activities of the l'nited Nations High Commissioner for Refugees for assistance to refugees under his mandate or persons on behalf of whom he is exercis ing his good offices, and for contributions to the International Organization for Migration, the International Committee of the Red Cross, and to other relevant international organisa tions; and
(2) 6 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 Unit
ed States. (c)? (1) 8 Whenever the President determines it to be important to the national interest he is authorized to furnish on such terms
Appropriations Act. For fiscal year 1995, title II of the Foreign Operations, Export Financing. and Related Programs Appropriations Act, 1995 (Public Law 103-306; 10H Stat 1618) 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 and assistance to refugees, including contributions to the Intergovernmental Committee for Migra tion and the United Nations High Commissioner for Refugees, salaries and expenses of person nel and dependents as authorized by the Foreign Service Act of 19H0; allowancen as authorized by sections 5921 through 5925 of title 5, United States Code; hire of passenger mun vehicles, and services as authorized by section 3109 of title 5, United Suau Code, $71,0XX),00) Inu vided, That not more than $11,500,000 of the funds appropriated under this heading shall be available for the administrative expenses of the Oslice of Refugee Programs of the Department of State: 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 larael."
Sec. 104 of the Foreign Relations Authorizauon Act, Fiscal Year 1954 and isoh (Pubble 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 Rufugee Amellaned few aulhonzed activities, $589,188,000 for the fiscal year 1954 and $32001. Los te fal year 1995.
"(2) There are authorized to be appropriaud $60,000,0%) for the fiscal year 1934 and $80,000,000 for the fiscal year 1995 for assistance for refuge** remething in lernel
(3) There are authorized to be appropriard $1,100.0 for the feel year 19:34 und $1 500 000 for the 6scal vear 1995 for humanitaria
year 1945 for humanitarian Anklance, ludure out wot lui to, food, medicine, clothing, and medical and vonun yaning W TEW* Dupled # #
"D) AVAILABILITY OF FUNDS.-Funds appropnawd purovost w syimation (*) are avund to be available until expended.".
Presidential Determ na lion No. 94-33 of July 14, 1994 (59 7 X 37147), provided the follow ing pursuant to sec. 26X21.
.. hereby designate Palestinian refugee in the Middle East at qurblyag for anon , and deterim ne that such assistance will connbuk w U kureyo pulmy mumm o la States".
Presidential Determmnation No. 94-48 of September 9, 1954 (64 FR 46565, provided the fol lowing pursuant to see 2 ty.27
**..I hereby designale persone fleeing from or regainatiny w Cube and Hartim quuhtynay for atbulance and determine that such asoslance will convok w Un fuego quiry w on of the Univec Stava"
Presidential Levermmnation No. 96-11 of December 30, 1866 72 2071), prowcu u fol lowing pursuant w st 2(0723.
a burada", Suboer wat afisant and read by bolo vuole. La bi
residentia etmiisa Lub ownyitot 3561d, waar fotowo pursuan mo se 2.0) ; ** • . 11 Be ITTEDOT ant be 10€ nalaurra fileres dia! $7. ,
ou avaliadk founo un 18 Emergency teluge and Misgrauur hoes around he suo viken! 10 yard to o hallar migrania 'Tree Fusce art k tomus ir reikia pr e toga u
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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.' 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.
le unident reply such to the ces on Anittees
operations are being conducted. These funds may be contributed to foreign governments, international organizations, governmental, and nongovernmental agencies.".
This determination was amended to authorize assistance to Cuban migrants (Presidential De termination No. 94-47 of September 9, 1994; 59 F.R. 48553).
Presidential Determination No. 94–35 of July 17, 1994 (59 F.R. 38099), provided the following pursuant to sec. 2(cX1):
"* * it is important to the national interest that up to $19,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet the unexpected, urgent needs of refugees, returnees, and confict victims from Rwanda and Burundi. These funds may be contributed to international, governmental, and non-governmental organizations, as appropriate.".
Presidential Determination No. 94-56 of September 30, 1994 (59 F.R. 52389), provided the following pursuant to sec. 2(cX1):
w* • * it is important to the national interest that up to $30,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet the unexpected, urgent needs of refugees, returnees, and consict victims from Rwanda and Burundi. These funds may be contributed to international and nongovernmental organizations, as appropriate.".
Presidential Determination No. 95-13 of December 31, 1994 (60 F.R. 2675) provided the following pursuant to sec. 2(cX1):
**** it is important to the national interest that up to $4,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet the urgent and unexpected needs of Haitian and Cuban migrants. These funds may be used as necessary to cover costs related to the Haitian and Cuban migration programs, including related Department of State ad. ministrative expenses.".
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 $11,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet the urgent and unexpected needs of victims of the conflict in Chechnya. These funds may be used as necessary to provide U.S. contributions in response to the appeals of international and intergovernmental organizations for funds to meet the urgent and unforeseen humanitarian needs of victims of the conflict in Chechnya.".
Sec. 430(a X4) of the Foreign Relations Authorization Act, Fiscal Years 1994 and 1995 (Public Law 103-236; 108 Slal. 459), inserted "$ 100,000,000" in lieu of "$50,000,000".
Previously, bec. 312(bX2) of Public Law 96-212 (94 Stat. 117) substituted $50,000,000 in heu of $25,000,000.
Title 11 of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1995 (Public Law 103_306; 108 Slat. 1619), 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 Refu. gee Assistance Act of 1962, as amended (22 U.S.C. 260(c)), $50,000,000, to remain available until ex pended: Provided. That the funds made available under this heading are appropriated notwithstanding the provisions contained in section 2(cX2) or the Migration and Refugee Assistanæ Act of 1962 which would limit the amount of funds which could be appropriated for this purpose.".
(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. 10
(f) 11 The President may furnish assistance and make contributions under this Act notwithstanding any provision of law which restricts assistance to foreign countries.
SEC. 3.12 (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 oth
erwise 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) 13 reg. ulating the making, performance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the President may specify.
SEC. 4.14 (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) 15 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 author
10 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 Slat. 1021), read: "Funds appropriated for the purposes of this section shall remain available until expended."
11 Subsec. (1) was added by sec. 111 of Public Law 99-93 (99 Stat. 405).