8. Migration and Refugee Assistance

a. Migration and Refugee Assistance Act of 1962, as amended

Public Law 87-510 [H.R. 8291], 76 Stat. 121; 22 U.S.C. 2601, 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 [S. 1517], 89 Stat. 756, approved November 29, 1975; Public Law 96–212 [S. 643], 94 Stat. 102, approved March 17, 1980; by Public Law 96-465 [Foreign Service Act of 1980; H.R. 6790], 94 Stat. 2071 at 2162, approved October 17, 1980; and by Public Law 99-93 [H.R. 2068], 99 Stat 405, approved August 16, 1985

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 Intergovernmental Committee for European Migration in accordance with its constitution approved in Venice, Italy, on October 19, 1953. 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 Committee and all necessary salaries and expenses incidental to United States participation in the Committee. (b)2 There are hereby 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 Intergovernmental Committee for European Migration, the International Committee of the Red Cross, and to other relevant international organizations; and

(2) 3 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

1 22 U.S.C. 2601.

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

3 Presidential Determination No. 88-2 of October 30, 1987, 53 F.R. 399, designated refugees in "Indochina and other countries in East Asia, including such persons who may be authorized pursuant to Section 101(a)42) of the Immigration and Nationality Act to be considered for admission to the United States as refugees while still within their countries of nationality or habitual residence" as persons qualifying for assistance under this subsection.

assistance will contribute to the foreign policy interests of the United States.

(c) (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 Act for the purpose of meeting unexpected urgent refugee and migration needs. 5

(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 $50,000,000. 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.

(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.7

8

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

Sec. 3.o (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

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

5 Sec. 4 of Public Law 96-110 (93 Stat. 844) required the following report regarding costs of refugee assistance programs:

"SEC. 4. Not later than 60 days after the date of enactment of this Act, the President shall report to the Congress.

"(1) the estimated total costs to the United States Government, during fiscal year 1980 and fiscal year 1981, of domestic and foreign assistance to refugees under all programs of the United States Government, and

"(2) the estimated costs to State and local governments during such fiscal year for assistance to refugees which is attributable to such programs."

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

7 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."

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

22 U.S.C. 2602.

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) 10 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. (a)(1) 11 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) 12 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. 5.13 (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 14 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 ob

10 50 U.S.C. App. 1211 note.

11 22 U.S.C. 2603.

12 22 U.S.C. 2604.

13 22 U.S.C. 2605.

14 The reference to members of the Foreign Service was substituted in lieu of a reference to Foreign Service personnel by sec. 2206(a)(6) of the Foreign Service Act of 1980 (Public Law 96465; 94 Stat. 2162).

ligation 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 15 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, 16 not otherwise provided for;

(5) expenses authorized by the Act of August 1, 1956 (70 Stat. 890-892), as amended; 17 and

(6) 18 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.

Sec. 6. Subsections (a), (c) and (d) of section 405 of the Mutual Security Act of 1954, as amended, subsection (c) of section 451 of the said Act, and the last sentence of section 2(a) of the Act of July 14, 1960 (74 Stat. 504), are hereby repealed.

Sec. 7. Until the enactment of legislation appropriating funds for activities under this Act, such activities may be conducted with funds made available under section 451(a) of the Foreign Assistance Act of 1961, as amended.

SEC. 8.19 AUDITS OF U.S. FUNDS RECEIVED BY THE UNITED NATIONS HIGH COMMISSIONER FOR REFUGEES.

(a) PROGRAM AUDITS.-Funds may not be made available to the United Nations High Commissioner for Refugees under this 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 by private and voluntary organizations; and

15 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(a)(6) of the Foreign Service Act of 1980 (Public Law 96-465; 94 Stat. 2162).

16 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).

17 22 U.S.C. 2662 et seq.

18 Par. 6 of sec. 5(a) was added by Sec. 112 of Public Law 99-93 (99 Stat. 405), Aug. 16, 1985. Authority provided by this amendment applies only to funds appropriated after Aug. 16, 1985. 19 22 U.S.C. 2606. Sec. 8 was added by sec. 113 of Public Law 99-93, 99 Stat. 405.