§ 2601. — Refugees and migration.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 22USC2601]
TITLE 22--FOREIGN RELATIONS AND INTERCOURSE
CHAPTER 36--MIGRATION AND REFUGEE ASSISTANCE
Sec. 2601. Refugees and migration
(a) United States membership in International Organization for
Migration; contributions to Organization
(1) The President is authorized to continue membership for the
United States in the International Organization for Migration in
accordance with the constitution of such organization approved in
Venice, Italy, on October 19, 1953, as amended in Geneva, Switzerland,
on November 24, 1998, upon entry into force of such amendments.
(2) For the purpose of assisting in the movement of refugees and
migrants, there are authorized to be appropriated to the President such
amounts as may be necessary from time to time for payment by the United
States of its contributions to the International Organization for
Migration and all necessary salaries and expenses incidental to United
States participation in such organization.
(b) Appropriations for assistance to refugees
There are 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 International Organization for
Migration, the International Committee of the Red Cross, and to
other relevant international organizations; and
(2) 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) United States Emergency Refugee and Migration Assistance Fund;
appropriations
(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 chapter 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) Information to Congressional committees
The President shall keep the appropriate committees of Congress
currently informed of the use of funds and the exercise of functions
authorized in this chapter.
(e) Continued availability of certain funds
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, [22 U.S.C. 2151 et seq.], and allocated or
transferred for the purposes of sections 405(a), 405(c), 405(d) and
451(c) \1\ of the Mutual Security Act of 1954, as amended [22 U.S.C.
1925(a), (c), (d), 1951(c)], are authorized to be continued available
for the purposes of this section and may be consolidated with
appropriations authorized by this section.
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\1\ See References in Text note below.
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(f) Restrictions on foreign assistance not applicable to migration and
refugee assistance
The President may furnish assistance and make contributions under
this chapter notwithstanding any provision of law which restricts
assistance to foreign countries.
(Pub. L. 87-510, Sec. 2, June 28, 1962, 76 Stat. 121; Pub. L. 88-634,
title II, Sec. 201, Oct. 7, 1964, 78 Stat. 1021; Pub. L. 94-141, title
V, Sec. 501(a), Nov. 29, 1975, 89 Stat. 771; Pub. L. 96-212, title III,
Sec. 312(b), Mar. 17, 1980, 94 Stat. 116; Pub. L. 99-93, title I,
Sec. 111, Aug. 16, 1985, 99 Stat. 410; Pub. L. 103-236, title IV,
Sec. 430(a), Apr. 30, 1994, 108 Stat. 459; Pub. L. 107-228, div. A,
title II, Sec. 242, Sept. 30, 2002, 116 Stat. 1374.)
References in Text
This chapter, referred to in subsecs. (c)(1), (d), and (f), was in
the original ``this Act'', meaning Pub. L. 87-510, June 28, 1962, 76
Stat. 121, as amended, known as the Migration and Refugee Assistance Act
of 1962, which enacted this chapter, amended section 1404 of Title 8,
Aliens and Nationality, repealed sections 1925(a), (c), (d), and 1951(c)
of this title, enacted a provision set out as a note under this section,
and amended a provision set out as a note under section 1182 of Title 8.
For complete classification of this Act to the Code, see Short Title
note set out below and Tables.
The Foreign Assistance Act of 1961, as amended, referred to in
subsec. (e), is Pub. L. 87-195, Sept. 4, 1961, 75 Stat. 424, as amended,
which is classified principally to chapter 32 (Sec. 2151 et seq.) of
this title. For complete classification of this Act to the Code, see
Short Title note set out under section 2151 of this title and Tables.
The Mutual Security Act of 1954, as amended, referred to in subsec.
(e), is act Aug. 26, 1954, ch. 937, 68 Stat. 832, as amended by acts
July 8, 1955, ch. 301, 69 Stat. 283; July 18, 1956, ch. 627, Secs. 2-11,
70 Stat. 555; Aug. 14, 1957, Pub. L. 85-141, 71 Stat. 355; June 30,
1958, Pub. L. 85-477, ch. 1, Secs. 101-103, ch. II, Secs. 201-205, ch.
III, Sec. 301, ch. IV, Sec. 401, ch. V, Sec. 501, 72 Stat. 261; July 24,
1959, Pub. L. 86-108, Sec. 2, ch. 1, Sec. 101, ch. II, Secs. 201-205(a)-
(i), (k)-(n), ch. III, Sec. 301, ch. IV, Sec. 401(a)-(k), (m), 73 Stat.
246; May 14, 1960, Pub. L. 86-472, ch. I to V, 74 Stat. 134, which was
principally classified to chapter 24 (Sec. 1750 et seq.) of this title
and which was repealed by act July 18, 1956, ch. 627, Sec. 8(m), 70
Stat. 559, Pub. L. 85-141, Secs. 2(e), 3, 4(b), 11(d), Aug. 14, 1957, 71
Stat. 356, Pub. L. 86-108, ch. II, Secs. 205(j), ch. IV, 401(1), July
24, 1959, 73 Stat. 250, Pub. L. 86-472, ch. II, Secs. 203(d), 204(k),
May 14, 1960, 74 Stat. 138, Pub. L. 87-195, pt. III, Sec. 642(a)(2),
Sept. 4, 1961, 75 Stat. 460, Pub. L. 94-329, title II, Sec. 212(b)(1),
June 30, 1976, 90 Stat. 745, Pub. L. 104-127, title II, Sec. 228, Apr.
4, 1996, 110 Stat. 963, except for sections 1754, 1783, 1796, 1853,
1928, and 1937 of this title. For complete classification of this Act to
the Code, see Short Title note set out under section 1754 of this title
and Tables.
Sections 405(a), 405(c), 405(d), and 451(c) of the Mutual Security
Act of 1954, as amended, referred to in subsec. (e), were sections of
act Aug. 26, 1954, ch. 937, 68 Stat. 832, and were repealed by section 6
of Pub. L. 87-510.
Amendments
2002--Subsec. (a). Pub. L. 107-228 amended subsec. (a) generally.
Prior to amendment, subsec. (a) read as follows: ``The President is
authorized to continue membership for the United States in the
International Organization for Migration in accordance with its
constitution approved in Venice, Italy, on October 19, 1953, as amended
in Geneva, Switzerland, on May 20, 1987. 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 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 incident to United States participation
in the Organization.''
1994--Subsec. (a). Pub. L. 103-236, Sec. 430(a)(1)-(3), substituted
``the International Organization for Migration'' for ``the
Intergovernmental Committee for European Migration'', inserted ``, as
amended in Geneva, Switzerland, on May 20, 1987'' before period at end
of first sentence, and substituted ``the Organization'' for ``the
Committee'' in two places.
Subsec. (b)(1). Pub. L. 103-236, Sec. 430(a)(1), substituted ``the
International Organization for Migration'' for ``the Intergovernmental
Committee for European Migration''.
Subsec. (c)(2). Pub. L. 103-236, Sec. 430(a)(4), substituted
``$100,000,000'' for ``$50,000,000''.
1985--Subsec. (f). Pub. L. 99-93 added subsec. (f).
1980--Subsec. (b). Pub. L. 96-212, Sec. 312(b)(1), in par. (1)
inserted provisions respecting contributions to the Intergovernmental
Committee for European Migration, etc., in par. (2) inserted provisions
requiring refugees to be outside of the United States, and struck out
requirement that the assistance contribute to the defense or security of
the United States, and struck out pars. (3) to (6), which related to
assistance when determined by the President to be in the interest of the
United States, assistance to State and local agencies, assistance for
transportation and resettlement, and assistance for employment and
professional refresher training projects, respectively.
Subsec. (c)(2). Pub. L. 96-212, Sec. 312(b)(2), inserted provisions
increasing amount from $25,000,000 to $50,000,000.
1975--Subsec. (c). Pub. L. 94-141 designated existing provision as
par. (1), substituted provisions authorizing the President to furnish
assistance on such terms and conditions as he determines, for provisions
authorizing President to transfer not more than $10,000,000 in any
fiscal year of the funds made available under the Foreign Assistance Act
of 1961 for the purposes of this chapter, and added pars. (2) and (3).
1964--Subsec. (e). Pub. L. 88-634 struck out last sentence ``Funds
appropriated for the purposes of this section shall remain available
until expended.''
Effective Date of 1980 Amendment
Amendment by Pub. L. 96-212 effective with respect to fiscal years
beginning on and after Oct. 1, 1979, see section 313 of Pub. L. 96-212,
set out as an Effective Date note under section 1522 of Title 8,
Immigration and Nationality.
Short Title
Section 1 of Pub. L. 87-510 provided: ``That this Act [enacting this
chapter, amending sections 1925 and 1951 of this title and section 1104
of Title 8, Aliens and Nationality, enacting provisions set out as a
note under this section, and amending provisions set out as a note under
section 1182 of Title 8] may be cited as the `Migration and Refugee
Assistance Act of 1962'.''
United States Policy Regarding Involuntary Return of Refugees
Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II,
Sec. 251], Nov. 29, 1999, 113 Stat. 1536, 1501A-431, provided that:
``(a) In General.--None of the funds made available by this Act [see
Short Title of 1999 Amendment note set out under section 2651 of this
title] or by section 2(c) of the Migration and Refugee Assistance Act of
1962 (22 U.S.C. 2601(c)) shall be available to effect the involuntary
return by the United States of any person to a country in which the
person has a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or
political opinion, except on grounds recognized as precluding protection
as a refugee under the United Nations Convention Relating to the Status
of Refugees of July 28, 1951, and the Protocol Relating to the Status of
Refugees of January 31, 1967, subject to the reservations contained in
the United States Senate Resolution of Ratification.
``(b) Migration and Refugee Assistance.--None of the funds made
available by this Act or by section 2(c) of the Migration and Refugee
Assistance Act of 1962 (22 U.S.C. 2601(c)) shall be available to effect
the involuntary return of any person to any country unless the Secretary
of State first notifies the appropriate congressional committees
[Committee on International Relations of the House of Representatives
and Committee on Foreign Relations of the Senate], except that in the
case of an emergency involving a threat to human life the Secretary of
State shall notify the appropriate congressional committees as soon as
practicable.
``(c) Involuntary Return Defined.--As used in this section, the term
`to effect the involuntary return' means to require, by means of
physical force or circumstances amounting to a threat thereof, a person
to return to a country against the person's will, regardless of whether
the person is physically present in the United States and regardless of
whether the United States acts directly or through an agent.''
Similar provisions were contained in the following prior act:
Pub. L. 105-277, div. G, subdiv. B, title XXII, Sec. 2241, Oct. 21,
1998, 112 Stat. 2681-821.
United States Policy Concerning Overseas Assistance to Refugees and
Displaced Persons
Section 501 of Pub. L. 103-236 provided that:
``(a) Standards for Refugee Women and Children.--The United States
Government, in providing for overseas assistance and protection of
refugees and displaced persons, shall seek to address the protection and
provision of basic needs of refugee women and children who represent 80
percent of the world's refugee population. As called for in the 1991
United Nations High Commissioner for Refugees (UNHCR) `Guidelines on the
Protection of Refugee Women', whether directly, or through international
organizations and nongovernmental voluntary organizations, the Secretary
of State shall seek to ensure--
``(1) specific attention on the part of the United Nations and
relief organizations to recruit and employ female protection
officers;
``(2) implementation of gender awareness training for field
staff including, but not limited to, security personnel;
``(3) the protection of refugee women and children from violence
and other abuses on the part of governments or insurgent groups;
``(4) full involvement of women refugees in the planning and
implementation of (A) the delivery of services and assistance, and
(B) the repatriation process;
``(5) incorporation of maternal and child health needs into
refugee health services and education, specifically to include
education on and access to services in reproductive health and birth
spacing;
``(6) the availability of counseling and other services,
grievance processes, and protective services to victims of violence
and abuse, including but not limited to rape and domestic violence;
``(7) the provision of educational programs, particularly
literacy and numeracy, vocational and income-generation skills
training, and other training efforts promoting self-sufficiency for
refugee women, with special emphasis on women heads of household;
``(8) education for all refugee children, ensuring equal access
for girls, and special services and family tracing for unaccompanied
refugee minors;
``(9) the collection of data that clearly enumerate age and
gender so that appropriate health, education, and assistance
programs can be planned;
``(10) the recruitment, hiring, and training of more women
program professionals in the international humanitarian field; and
``(11) gender-awareness training for program staff of the United
Nations High Commissioner for Refugees (UNHCR) and nongovernmental
voluntary organizations on implementation of the 1991 UNHCR
`Guidelines on the Protection of Refugee Women'.
``(b) Procedures.--The Secretary of State should adopt specific
procedures to ensure that all recipients of United States Government
refugee and migration assistance funds implement the standards outlined
in subsection (a).
``(c) Requirements for Refugee and Migration Assistance.--The
Secretary of State, in providing migration and refugee assistance,
should support the protection efforts set forth under this section by
raising at the highest levels of government the issue of abuses against
refugee women and children by governments or insurgent groups that
engage in, permit, or condone--
``(1) a pattern of gross violations of internationally
recognized human rights, such as torture or cruel, inhumane, or
degrading treatment or punishment, prolonged detention without
charges, or other flagrant denial to life, liberty, and the security
of person;
``(2) the blockage of humanitarian relief assistance;
``(3) gender-specific persecution such as systematic individual
or mass rape, forced pregnancy, forced abortion, enforced
prostitution, any form of indecent assault or act of violence
against refugee women, girls, and children; or
``(4) continuing violations of the integrity of the person
against refugee women and children on the part of armed insurgents,
local security forces, or camp guards.
``(d) Investigation of Reports.--Upon receipt of credible reports of
abuses under subsection (c), the Secretary of State should immediately
investigate such reports through emergency fact-finding missions or
other means of investigating such reports and help identify appropriate
remedial measures.
``(e) Multilateral Implementation of the 1991 UNHCR `Guidelines on
the Protection of Refugee Women'.--The Secretary of State should work to
ensure that multilateral organizations fully incorporate the needs of
refugee women and children into all elements of refugee assistance
programs and work to encourage other governments that provide refugee
assistance to adopt refugee assistance policies designed to encourage
full implementation of the 1991 UNHCR's `Guidelines on the Protection of
Refugee Women'.''
United States Membership in Intergovernmental Committee for European
Migration
Pub. L. 100-204, title VII, Sec. 745, Dec. 22, 1987, 101 Stat. 1396,
authorized President to continue United States membership in
Intergovernmental Committee for European Migration and, upon entry into
force of amendments to constitution of such body approved May 20, 1987,
to continue membership under the name International Organization for
Migration in accordance with such constitution and amendments, and
authorized appropriation of necessary amounts for payment of United
States contributions to such body and salaries and expenses incidental
to United States participation in such body, prior to repeal by Pub. L.
103-236, title IV, Sec. 430(b), Apr. 30, 1994, 108 Stat. 459.
Indochina Migration and Refugee Assistance
Pub. L. 94-23, May 23, 1975, 89 Stat. 87, as amended by Pub. L. 94-
313, June 21, 1976, 90 Stat. 691; Pub. L. 95-145, title II, Secs. 201,
202, Oct. 28, 1977, 91 Stat. 1224, 1225; Pub. L. 95-549, title II,
Sec. 201, Oct. 30, 1978, 92 Stat. 2066; Pub. L. 96-110, Sec. 3(a), Nov.
13, 1979, 93 Stat. 844, which set forth provisions respecting
appropriations, etc., for migration and refugee assistance for aliens
who fled from Cambodia, Laos, and Vietnam, was repealed by Pub. L. 96-
212, title III, Sec. 312(c), Mar. 17, 1980, 94 Stat. 117.
Availability of Funds for Continuation of Activities
Section 7 of Pub. L. 87-510 provided that: ``Until the enactment of
legislation appropriating funds for activities under this Act [see Short
Title note above], such activities may be conducted with funds made
available under section 451(a) of the Foreign Assistance Act of 1961, as
amended [section 2261(a) of this title].''
Executive Order No. 12244
Ex. Ord. No. 12244, Oct. 3, 1980, 45 F.R. 66443, which provided
exemptions from certain statutory requirements for temporary housing for
Haitian and Cuban refugees at Fort Allen in Puerto Rico for the period
beginning Oct. 2, 1980, and ending Oct. 1, 1981, was revoked by Ex. Ord.
No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Executive Order No. 12327
Ex. Ord. No. 12327, Oct. 1, 1981, 46 F.R. 48893, which provided for
temporary housing of Haitian refugees at Fort Allen in Puerto Rico and
exempted Fort Allen from certain statutory requirements, was revoked by
Ex. Ord. No. 12553, Feb. 25, 1986, 51 F.R. 7237.
Delegation of Authority
Determination of President of the United States, No. 02-25, July 9,
2002, 67 F.R. 47437, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and laws
of the United States, including section 301 of title 3 of the United
States Code, I hereby delegate the functions and authorities conferred
upon the President by sections 2(d) and 2(f) of the Migration and
Refugee Assistance Act (MRAA) of 1962, as amended, 22 U.S.C. Sec. 2601,
insofar as they relate to actions taken under the authority of section
2(b)(2) of the MRAA, to the Secretary of State, who should insure timely
performance of any duties and obligations of the delegated authority and
who is authorized to redelegate these functions and authorities
consistent with applicable law. The Secretary of State, or his or her
delegate, is directed to provide notice to the President of any use of
the functions and authorities delegated by this determination.
This delegation of authority supplements Presidential Determination
No. 99-6, Delegation of Authority Under Section 2(b)(2) of the Migration
and Refugee Assistance Act of 1962, as amended (November 30, 1998) [set
out below].
Any reference in this memorandum to section 2 of the MRAA, as
amended, shall be deemed to include references to any hereafter-enacted
provision of law that is the same or substantially the same as such
provision.
You are authorized and directed to publish this Determination in the
Federal Register.
George W. Bush.
Determination of President of the United States, No. 99-6, Nov. 30,
1998, 34 Weekly Compilation of Presidential Documents 2398, Dec. 7,
1998, provided:
Memorandum for the Secretary of State
By virtue of the authority vested in me by the Constitution and laws
of the United States of America, including section 301 of title 3 of the
United States Code, I hereby delegate the functions and authorities
conferred upon the President by section 2(b)(2) of the Migration and
Refugee Assistance Act (MRAA) of 1962, as amended, 22 U.S.C. 2601(b)(2),
to the Secretary of State, who is authorized to redelegate these
functions and authorities consistent with applicable law. The Secretary
of State, or his or her delegate, is directed to provide notice to the
President of any use of the functions and authorities delegated by this
determination.
Any reference in this memorandum to section 2(b)(2) of the MRAA, as
amended, shall be deemed to include references to any hereafter-enacted
provision of law that is the same or substantially the same as such
provision.
You are authorized and directed to publish this memorandum in the
Federal Register.
William J. Clinton.
Section Referred to in Other Sections
This section is referred to in section 2730 of this title.
