8. Immigration, Migration and Refugee Assistance

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

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 ◄ 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.

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

3 Sec. 430aX3) 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".

6 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).

Appropriations for Migration and Refugee Assistance administered by the Department of State are provided in the annual Foreign Öperations, Export Financing, and Related Programs

(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 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 organizations; 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 United States.

(c)7 (1) 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; 108 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 1980; allowances as authorized by sections 5921 through 5925 of title 5, United States Code; hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, $671,000,000: Pro' vided, That not more than $11,500,000 of the funds appropriated under this heading shall be available for the administrative expenses of the Office 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 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 1934 and $80,000,000 for the fiscal year 1995 for assistance for refugees resettling in lerned.

(3) There are authorized to be appropriated $1,500,000 for the fecal 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 persone deplad result of civil conflict in Burma, including persons still within Burme

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

Presidential Determination No. 94-33 of July 14, 1994 (59 FR. 37147), provided the following pursuant to sec. 2(bX2)

**** 1 hereby designate Palestinian refugees in the Middle East as qualifying for assistance, and determine that such assistance will contribute to the foreign policy invenale of the Quayed States.".

Presidential Determination No. 94-48 of September 9, 1994 (59 P.R. 48555), provided the fol lowing pursuant to sec. 2(0x21

**** 1 hereby designate persons fleeing from or repatriating to Cube and Haiti ae quahfying for assistance and determine that such assistance will consnuuse to the foreign by of the United States.".

Presidential Determination No. 95-11 of December 30, 1984 (60) † 2. 207)), provided the fol lowing pursuant ic sec. 2(6X21

**** 1 hereby designate refugees and displaced persone from the Newly Lodependent Serve of the former Soviet Union as qualifying for assistance under section 2012, it the hot, and de termine that such assistance will cominuute to the foreign policy imersaste of the Corsed blakus". Subsec, (c) was amended and restated by ser. 501 of Fuolic Law 94 101

*Presidential Determination No. Be-31 of July 1, 1984 (56 kk 3000), provided the following pursuant to sec. 2(x1)

**** 11 6 Important to the national interest that $7,000,000 be made avaliable from the US. Emergency beige and Migration Assistance Fund is the urgent and unemand wate of haluan migrane Toes juste art is de weet for reluga processing pain, le ment, and secure a wel a resus Deparment of bax sommovalık kayele A part of le fue may be snutiouns via votally is but guvernuem a winst suivre (Ruang Continuut

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 $100,000,000.9 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.

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 Determination 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 conflict 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):

**** 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 conflict 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 administrative 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(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(bX2) 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, 1995 (Public Law 103-306; 108 Stat. 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 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.".

(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 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) 13 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. 4.14 (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 Stat. 1021), read: "Funds appropriated for the purposes of this section shall remain available until expended."

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

12 22 U.S.C. 2602.

13 50 U.S.C. App. 1211 note.

14 22 U.S.C. 2603.

15 22 U.S.C. 2604.

ized 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. 5.16 (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 17 whose services are utilized primarily for the purpose of this Act, 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 Act;

(2) employment or assignment of members of the Foreign Service serving under limited appointments 18 for the duration of operations under this Act;

(3) exchange of funds without regard to section 3651 of the Revised Statutes (31 U.S.C. 543), and loss by exchanges;

(4) expenses authorized by the Foreign Service Act of 1980,19 not otherwise provided for;

(5) expenses authorized by the Act of August 1, 1956 (70 Stat. 890-892), as amended; 20 and

(6) 21 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 Act.

(b) Except as may be expressly provided to the contrary in this Act, 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 Act shall continue in full force and effect until modified, revoked, or superseded under the authority of this Act.

18 22 U.S.C. 2605.

17 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).

18 The reference to members of the Foreign Service serving under limited appointments was substituted in lieu of a reference to Foreign Service Reserve officers by sec. 2206(aX6) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2162).

10 The reference to the Foreign Service Act of 1980 was substituted in lieu of a reference to the Foreign Service Act of 1946 by sec. 2206(a)(6) of Public Law 96-465 (94 Stat. 2162).

20 22 U.S.C. 2662 et seq.

21 Paragraph 6 of sec. 5(a) was added by sec. 112 of Public Law 99-93 (99 Stat. 405). Authority provided by this amendment applied only to funds appropriated after August 16, 1985.