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

(1) compensation, allowances, and travel of personnel, including Foreign Service personnel 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 Foreign Service Reserve officers 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 1946, as amended (22 U.S.C. 801 et seq.), not otherwise provided for; (5) expenses authorized by the Act of August 1, 1956 (70 Stat. 890-892), as amended; and

(6) 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contracts, agreements and other actions issued, undertaken, or entered into under authority of any provision of law repealed by this Act shall continue in full force and effect until modified, revoked, or superseded under the authority of this Act.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.

Approved June 28, 1962.

6. SUMMARIES OF PERTINENT JUDICIAL DECISIONS

(Source: Special Series No. 16; Study of Population and Immigration Problems; Subcommittee No. 1, Committee on the Judiciary, House of Representatives, 1963)

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Section of the Immigration

and Nationality Act

Sec. 241...

Sec. 241(a)(1).

Sec. 241(a) (4).

Barber v. Gonzales
Bonetti v. Rogers

Case

Gastelum-Quinones v. Kennedy
Rosenberg v. Fleuti
Galvan v. Press
Marcello v. Bonds
Lehmann v. Carson
Mulcahey v. Catalanotte
Fleuti v. Rosenberg
Rabang v. Boyd
Brancato v. Lehmann
Costello v. INS
Marks v. Esperdy_
Lehmann v. Carson
Cavallaro v. Lehmann
DeLucia v. Pilliod.
Babouris v. Esperdy
Circella v. Sahli

Tutrone v. Shaughnessy

Pino v. Landon

Arrellano-Flores v. Hoy
Wood v. Hoy

Hernandez-Valensuela v. Rosenberg

Zabanazad v. Rosenberg

Zgodda v. Holland

United States v. Marcello

Gubbels v. Hoy

Jeronimo v. Murf
Zito v. Moutal
Sawkow v. INS

Kahn v. Barber

Costello v. INS

Fitzgerald v. Landon
Dentico v. Esperdy
Petsche v. Clingan

Burr v. Edgar

Holzapfel v. Wyrsch

Page

214

214

Qinlodran-Brau v. Holland

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