8. Immigration, Migration and Refugee Assistance

a. 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; and by Public Law 101-246 [Foreign Relations Authorization Act, Fiscal Years 1990 and 1991; H.R. 3792], 104 Stat. 15, approved February 16, 1990

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 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 new pars. (1) and (2).

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. At date of publication of this volume, a foreign operations appropriations bill providing for fiscal year 1992 had not been enacted. Current (fiscal year 1991) appropriations levels were continued in Public Law 102-9 (105 Stat. 551), and further continued in Public Law 102-145 (105 Stat. 968). Sec. 106 of Public Law 102-145 (105 Stat. 970) also provided the following:

SEC. 106. Unless otherwise provided for in this joint resolution or in the applicable appropriations Act, appropriations and funds made available and authority granted pursuant to section 101 of this joint resolution shall be available until (a) enactment into law of an appropriation for any project or activity provided for in this joint resolution, or (b) the enactment of the applicable appropriations Act by both Houses without any provision for such project or activity, or (c) November 14, 1991, except for the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1992, for which date shall be March 31, 1992, whichever comes first.". Sec. 104 of the Foreign Relations Authorization Act, Fiscal Years 1992 and 1993 (Public Law 102-138; 105 Stat. 653) provided the following:

"SEC. 104. MIGRATION AND REFUGEE ASSISTANCE.

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

"(a) AUTHORIZAtion of ApproPRIATIONS.—(1)(A) There are authorized to be appropriated for 'Migration and Refugee Assistance' for authorized activities, $547,250,000 for the fiscal year 1992 and $592,250,000 for the fiscal year 1993.

"(B) of the amounts authorized to be appropriated by subparagraph (A), $5,000,000 is authorized to be available for each of the fiscal years 1992 and 1993 for migration assistance to displaced ethnic Armenians resettling in Armenia.

"(2) There are authorized to be appropriated $80,000,000 for the fiscal year 1992 and $90,000,000 for the fiscal year 1993 for assistance for refugees resettling in Israel.

"(3) There are authorized to be appropriated $1,750,000 for the fiscal year 1992, and $1,750,000 for the fiscal year 1993, for assistance to unaccompanied minor children and other cases of special humanitarian concern that have generally been referred to special committees established pursuant to the Comprehensive Plan of Action for Indochinese Refugees in first asylum countries in Southeast Asia and Hong Kong. The President shall seek to ensure that such assistance supplements, and does not supplant, United Nations High Commissioner for Refugees and other funding that would have been directed toward assistance to unaccompanied minors and other cases of special humanitarian concern in the absence of this paragraph. Assistance may be provided under this paragraph notwithstanding any other provision of law.

"(4) There are authorized to be appropriated $1,000,000 for fiscal year 1992 and $1,000,000 for fiscal year 1993 for humanitarian assistance, including but not limited to food, medicine, clothing, and medical and vocational training, to Burmese displaced as a result of civil conflict.

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

Sec. 2(a)(2) of the Emergency Supplemental Persian Gulf Refugee Assistance Act of 1991 (Public Law 102-45; 105 Stat. 247) provided the following:

"SEC. 2. EMERGENCY ASSISTANCE FOR REFUGEES. “(a) AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated as supplemental appropriations for fiscal year 1991 for emergency humanitarian assistance for Iraqi refugees and other persons in and around Iraq who are displaced as a result of the Persian Gulf conflict, and to reimburse appropriations accounts from which such assistance was provided before the date of the enactment of this Act

"(2) up to $200,000,000 for 'Migration and Refugee Assistance' for the Department of State.".

Chapter II of the Dire Emergency Supplemental Appropriations Act (Public Law 102-55; 105 Stat. 292) provided the following:

"MIGRATION and Refugee ASSISTANCE

66 (TRANSFER OF FUNDS)

"For an additional amount for 'Migration and Refugee Assistance', $75,000,000: Provided, That in addition to amounts otherwise available for such purposes, up to $25,000 of the funds appropriated under this heading may be made available for the administrative expenses of the Office of Refugee Programs of the Department of State: Provided further, That funds made available under this heading shall remain available until September 30, 1992.".

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.

Presidential Determination No. 91-34 of April 25, 1991 (56 F.R. 21909), provided the following pursuant to sec. 2(b)(2):

"I hereby designate refugees from Tibet and Burma as qualifying for assistance under Section 2(b)2) of that Act, and determine that such assistance will contribute to the foreign policy interests of the United States.".

4

(c) (1) 5 Whenever the President determines it to be important to the national interest he is authorized to furnish on such terms

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

" Presidential Determination No. 91-12 of January 2, 1991 (55 F.R. 1562), provided the following pursuant to sec. 2(c)1):

it is important to the national interest that $12,100,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund (Emergency Fund) to meet unexpected urgent needs of refugees and migrants in Africa and the middle East. It is essential to U.S. foreign policy interest in these regions that we respond to these critical humanitarian needs.

"Of this $12,100,000, $6,000,000 will be used to assist Liberian refugees and those affected by their impact; $2,500,000 will be contributed to the United Nations High Commissioner for Refugees (UNHCR) and other international or non-governmental organizations for assistance programs for Sudanese refugees; $600,000 will be contributed in support of assistance programs for Chadian, Rwandan and Burundi refugees; and $3,000,000 will be contributed to the Office of the United Nations Disaster Relief Coordinator (UNDRO) or other international or non-governmental organizations for needs related to the Persian Gulf crisis.".

Presidential Determination No. 91-24 of March 11, 1991 (56 F.R. 13261), provided the following pursuant to sec. 2(c)(1):

it is important to the national interest that $6,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund to meet the unexpected and urgent needs of refugees and other persons in the Occupied Territories and Sri Lanka.

"Of this amount, $5,000,000 will be contributed to the United Nations Relief and Works Agency for Palestine Refugees in the Near East (UNRWA) for emergency food distribution in the Occupied Territories, and $1,000,000 will be contributed to the International Committee of the Red Cross (ICRC) to assist victims of the conflict in Sri Lanka.".

Presidential Determination No. 91-27 of April 6, 1991 (56 F.R. 18489), provided the following pursuant to sec. 2(c)(1):

it is important to the national interest that $10,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund (Emergency Fund) to meet unexpected and urgent needs of refugees and other persons displaced by the crisis in the Middle East. "... These funds will be contributed on a multilateral or bilateral basis as appropriate to international organizations, private voluntary organizations, and other governmental and nongovernmental agencies engaged in the relief efforts.".

Presidential Determination No. 91-30 of April 17, 1991 (56 F.R. 21581), provided the following pursuant to sec. 2(c)(1):

" it is important to the national interest that $15,250,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund (Emergency Fund) to meet the unexpected and urgent needs of refugees and migrants in Africa.

"A total of $15,250,000 will be used to respond to urgent unforeseen refugee needs in Africa of which $4,000,000 will be contributed to UNHCR for South African repatriation; $10,000,000 will be contributed to international relief organizations for Ethiopian and Somali refugees and returnees in the Horn of Africa; and $1,250,000 will be used for emergency migration needs in Malawi.".

Presidential Determination No. 91-33 of April 22, 1991 (56 F.R. 21587), provided the following pursuant to sec. 2(c)(1):

" it is important to the national interest that $10,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund (Emergency Fund) to meet the unexpected and urgent needs of refugees and other persons displaced by the crisis in the Middle East.

These funds will be contributed on a multilateral or bilateral basis as appropriate to international organizations, private voluntary organizations, and other governmental and nongovernmental agencies engaged in the relief efforts and up to $100,000 will be used only to cover some of the related administrative expenses necessary to implement and monitor the use of this assistance.".

Presidential Determination No. 91-42 of June 21, 1991 (56 F.R. 30483) provided the following pursuant to sec. 2(c)(1):

"⚫ it is important to the national interest that $2,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund (Emergency Fund) to meet the unexpected urgent needs of refugees and other displaced persons in the Horn of Africa. These funds will be contributed to international organizations and other governmental and non-governmental agencies engaged in relief efforts in the Horn of Africa.".

Presidential Determination No. 91-45 of July 8, 1991 (56 F.R. 33837) provided the following pursuant to sec. 2(c)(1):

it is important to the national interest that $7,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund (Emergency Fund) to meet the unexpected and urgent needs of refugees and other displaced persons in the Western Sahara. A total of $7,000,000 will be contributed to the United Nations High Commissioner for its activities in the Western Sahara.".

Presidential Determination No. 91-51 of August 29, 1991 (56 F.R. 46981) provided the following pursuant to sec. 2(c)(1):

it is important to the national interest that $35,300,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund (Emergency Fund) to meet the unexContinued

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 $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

pected and urgent needs of refugees and other displaced persons in the Middle East and the Horn of Africa

"A total of $13,300,000 will be used to respond to urgent and unforeseen refugee needs in the Middle East of which $6,000,000 will be contributed to the United Israel Appeal to help resettle Ethiopian refugees in Israel and $7,300,000 will be contributed to the United Nations Relief and Works Agency to assist Palestinians in the Occupied Territories and Lebanon. A total of $22,000,000 will be contributed to international organizations, and other governmental and nongovernmental agencies to cover urgent and unforeseen needs of refugees and displaced persons in the Horn of Africa.".

Presidential Determination No. 92-9 of December 16, 1991 (57 F.R. 329) provided the following pursuant to sec. 2(c)(1):

" it is important to the national interest that up to $7,000,000 be made available from the U.S. Emergency Refugee and Migration Assistance Fund (the Fund) to meet unexpected urgent needs of refugees and other displaced persons resulting from the civil conflict in Yugoslavia.".

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

Sec. 2(b) of the Emergency Supplemental Persian Gulf Refugee Assistance Act of 1991 (Public Law 102-45; 105 Stat. 247) provided the following:

"SEC. 2. EMERGENCY ASSISTANCE FOR REFUGEES. "(a)

"(b) EMERGENCy Migration and Refugee AssISTANCE.-For purposes of section 2(c)2) of the Migration and Refugee Assistance Act of 1962, the limitation on appropriations for the 'United Stats Emergency Refugee and Migration Assistance Fund' for fiscal year 1991 shall be deemed to be $75,000,000.”.

Chapter II of the Dire Emergency Supplemental Appropriations Act (Public Law 102-55; 105 Stat. 292) provided the following:

"UNITED STATES Emergency Refugee and MigRATION ASSISTANCE FUND

"(TRANSFER OF FUNDS)

"For an additional amount for the 'United States Emergency Refugee and Migration Assistance Fund', $68,000,000, 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 that would limit the amount of funds that could be appropriated for this purpose.".

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. 3.9 (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) 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. 4.11 (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) 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

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."

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

9 22 U.S.C. 2602.

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

11 22 U.S.C. 2603.

12 22 U.S.C. 2604.