Skip to content

Title 22 — Foreign Relations and Intercourse

Chapter 36 — Migration and Refugee Assistance

§ 2601. Refugees and migration

Statutory text

(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 , as amended in Geneva, Switzerland, on , 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.

(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.

Footnotes

  1. 1 See References in Text note below.

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

  1. Migration and Refugee Assistance Act of 1962

    Pub. L. 87–510 § 2 · 76 Stat. 121

    Enacted · 22 U.S.C. § 2601

    Pub. L. 87–510, § 2, June 28, 1962, 76 Stat. 121

    Source evidence

    Code source credit
    Pub. L. 87–510, § 2, June 28, 1962, 76 Stat. 121

    Enacted provision · exact public law section
    Sec. 2. (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 incident to United States participation in the Committee. (b) 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 in behalf of whom he is exercising his good offices; (2) for assistance to or in behalf of refugees 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 defense, or to the security, or to the foreign policy interests of the United States; (3) for assistance to or in behalf of refugees in the United States whenever the President shall determine that such assistance would be in the interest of the United States: Provided, That the term “refugees” as herein used means aliens who (A) because of persecution or fear of persecution on account of race, religion, or political opinion, fled from a nation or area of the Western Hemisphere; (B) cannot return thereto because of fear of persecution on account of race, religion, or political opinion; and (C) are in urgent need of assistance for the essentials of life; (4) for assistance to State or local public agencies providing services for substantial numbers of individuals who meet the requirements of subparagraph (3) (other than clause (C) thereof) for (A) health services and educational services to such individuals, and (B) special training for employment and services related thereto; (5) for transportation to, and resettlement in, other areas of the United States of individuals who meet the requirements of subparagraph (3) (other than clause (C) thereof) and who, having regard for their income and other resources, need assistance in obtaining such services; and (6) for establishment and maintenance of projects for employment or refresher professional training of individuals who meet the requirements of subparagraph (3) (other than clause (C) thereof) and, who, having regard for their income and resources, need such employment or need assistance in obtaining such retraining. (c) Whenever the President determines it to be important to the national interest, not exceeding $10,000,000 in any fiscal year of the funds made available for use under the Foreign Assistance Act of 75 Stat. 424. 22 USC 2151 note. 1961, as amended, may be transferred to, and consolidated with, funds made available for this Act in order to meet unexpected urgent refugee and migration needs. (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 68 Stat. 832; 75 Stat. 424. 22 USC 1751 note, 2151 note, 1925, 1951. 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. Funds appropriated for the purposes of this section shall remain available until expended.

  2. Pub. L. 88–634 title II § 201 · 78 Stat. 1015

    Struck · 22 U.S.C. § 2601(e)

    Pub. L. 88–634 struck out last sentence “Funds appropriated for the purposes of this section shall remain available until expended.”

    Source evidence

    Code amendment note
    Subsec. (e). Pub. L. 88–634 struck out last sentence “Funds appropriated for the purposes of this section shall remain available until expended.”

  3. Foreign Relations Authorization Act, Fiscal Year 1976

    Pub. L. 94–141 title V § 501(a) · 89 Stat. 756

    1. Amended · 22 U.S.C. § 2601(c)

      Pub. L. 94–141 designated existing provision as par. (1)

    2. Substituted · 22 U.S.C. § 2601(c)

      Pub. L. 94–141 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

    3. Added · 22 U.S.C. § 2601(c)

      Pub. L. 94–141 added pars. (2) and (3)

    Source evidence

    Code amendment note
    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).

    Enacted provision · exact public law section
    (a) Section 2(c) of the Refugee and Migration Assistance Act of 1962 is amended to read as follows: 22 USC 2601. “(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. “(2) There is established a United States Emergency Refugee and U.S. Emergency Refugee and Migration Assistance Fund. Establishment. Appropriation authorization. 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 $25,000,000. 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.”.

  4. Refugee Act of 1980

    Pub. L. 96–212 § 312(b)(1) · 94 Stat. 102

    1. Inserted · 22 U.S.C. § 2601(b)

      Pub. L. 96–212, § 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

    2. Struck · 22 U.S.C. § 2601(b)

      Pub. L. 96–212, § 312(b)(1), in par. (1) struck out requirement that the assistance contribute to the defense or security of the United States

    3. Struck · 22 U.S.C. § 2601(b)

      Pub. L. 96–212, § 312(b)(1), in par. (1) 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

    Source evidence

    Code amendment note
    Subsec. (b). Pub. L. 96–212, § 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.

    Enacted provision · exact public law section
    (1) Subsection (b) of section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) is amended by striking out paragraphs (1) through (6) and inserting in lieu thereof the following: “(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 Commit-tee of the Red Cross, and to other relevant international organizations; and “(2) for assistance to or on behalf of refugees who are outside Assistance for refugees outside U.S. 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.”.

    Effective date note
    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, Aliens and Nationality.

  5. Refugee Act of 1980

    Pub. L. 96–212 § 312(b)(2) · 94 Stat. 102

    Inserted · 22 U.S.C. § 2601(c)(2)

    Pub. L. 96–212, § 312(b)(2), inserted provisions increasing amount from $25,000,000 to $50,000,000

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 96–212, § 312(b)(2), inserted provisions increasing amount from $25,000,000 to $50,000,000.

    Enacted provision · exact public law section
    (2) Subsection (c)(2) of such section is amended by striking out “$25,000,000” and inserting in lieu thereof “$50,000,000”.

    Effective date note
    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, Aliens and Nationality.

  6. Foreign Relations Authorization Act, Fiscal Years 1986 and 1987

    Pub. L. 99–93 title I § 111 · 99 Stat. 405

    Added · 22 U.S.C. § 2601(f)

    Pub. L. 99–93 added subsec. (f)

    Source evidence

    Code amendment note
    Subsec. (f). Pub. L. 99–93 added subsec. (f).

    Enacted provision · exact public law section
    SEC. 111. RESTRICTIONS ON FOREIGN ASSISTANCE NOT APPLICABLE TO MIGRATION AND REFUGEE ASSISTANCE. Section 2 of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601) is amended by adding at the end thereof the following new subsection: “(f) The President may furnish assistance and make contributions under this Act notwithstanding any provision of law which restricts assistance to foreign countries.”.

  7. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 430(a)(1) · 108 Stat. 382

    1. Substituted · 22 U.S.C. § 2601(a)

      Pub. L. 103–236, § 430(a)(1)–(3), substituted “the International Organization for Migration” for “the Intergovernmental Committee for European Migration”

    2. Inserted · 22 U.S.C. § 2601(a)

      Pub. L. 103–236, § 430(a)(1)–(3), inserted “, as amended in Geneva, Switzerland, on May 20, 1987” before period at end of first sentence

    3. Substituted · 22 U.S.C. § 2601(a)

      Pub. L. 103–236, § 430(a)(1)–(3), substituted “the Organization” for “the Committee” in two places

    Source evidence

    Code amendment note
    Subsec. (a). Pub. L. 103–236, § 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.

    Enacted provision · exact public law section
    (1) in section 2 by striking “the Intergovernmental Committee 22 use 2601. for European Migration” and inserting “the International Organization for Migration” each place it appears;

  8. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 430(a)(1) · 108 Stat. 382

    Substituted · 22 U.S.C. § 2601(b)(1)

    Pub. L. 103–236, § 430(a)(1), substituted “the International Organization for Migration” for “the Intergovernmental Committee for European Migration”

    Source evidence

    Code amendment note
    Subsec. (b)(1). Pub. L. 103–236, § 430(a)(1), substituted “the International Organization for Migration” for “the Intergovernmental Committee for European Migration”.

    Enacted provision · exact public law section
    (1) in section 2 by striking “the Intergovernmental Committee 22 use 2601. for European Migration” and inserting “the International Organization for Migration” each place it appears;

  9. Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

    Pub. L. 103–236 § 430(a)(4) · 108 Stat. 382

    Substituted · 22 U.S.C. § 2601(c)(2)

    Pub. L. 103–236, § 430(a)(4), substituted “$100,000,000” for “$50,000,000”

    Source evidence

    Code amendment note
    Subsec. (c)(2). Pub. L. 103–236, § 430(a)(4), substituted “$100,000,000” for “$50,000,000”.

    Enacted provision · exact public law section
    (4) in section 2(c)(2), by striking “$50,000,000” and inserting “$100 000 000”

  10. Foreign Relations Authorization Act, Fiscal Year 2003

    Pub. L. 107–228 div. A title II § 242 · 116 Stat. 1350

    Amended · 22 U.S.C. § 2601(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.”

    Source evidence

    Code amendment note
    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.”

    Enacted provision · exact public law section
    SEC. 242. UNITED STATES MEMBERSHIP IN THE INTERNATIONAL ORGANIZATION FOR MIGRATION. Section 2(a) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2601(a)) is amended to read as follows: “(a) (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.”.

15 of 16 references resolved to an enrolled provision · 1 partial

Editorial Notes

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, , 76 Stat. 121, 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, , 75 Stat. 424, which is classified principally to chapter 32 (§ 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, §§ 2–11, 70 Stat. 555; , Pub. L. 85–141, 71 Stat. 355; , Pub. L. 85–477, ch. 1, §§ 101–103, ch. II, §§ 201–205, ch. III, § 301, ch. IV, § 401, ch. V, § 501, 72 Stat. 261; , Pub. L. 86–108, § 2, ch. 1, § 101, ch. II, §§ 201–205(a)–(i), (k)–(n), ch. III, § 301, ch. IV, § 401(a)–(k), (m), 73 Stat. 246; , Pub. L. 86–472, ch. I to V, 74 Stat. 134, which was principally classified to chapter 24 (§ 1750 et seq.) of this title and which was repealed by act July 18, 1956, ch. 627, § 8(m), 70 Stat. 559, Pub. L. 85–141, §§ 2(e), 3, 4(b), 11(d), , 71 Stat. 356, Pub. L. 86–108, ch. II, §§ 205(j), ch. IV, 401(1), , 73 Stat. 250, Pub. L. 86–472, ch. II, §§ 203(d), 204(k), , 74 Stat. 138, Pub. L. 87–195, pt. III, § 642(a)(2), , 75 Stat. 460, Pub. L. 94–329, title II, § 212(b)(1), , 90 Stat. 745, Pub. L. 104–127, title II, § 228, , 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.

Amendments1964–2002 · 6 rounds

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 , as amended in Geneva, Switzerland, on . 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, § 430(a)(1)–(3), substituted “the International Organization for Migration” for “the Intergovernmental Committee for European Migration”, inserted “, as amended in Geneva, Switzerland, on ” before period at end of first sentence, and substituted “the Organization” for “the Committee” in two places.

Subsec. (b)(1). Pub. L. 103–236, § 430(a)(1), substituted “the International Organization for Migration” for “the Intergovernmental Committee for European Migration”.

Subsec. (c)(2). Pub. L. 103–236, § 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, § 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, § 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.”

Statutory Notes and Related Subsidiaries

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–212 effective with respect to fiscal years beginning on and after , see section 313 of Pub. L. 96–212, set out as an Effective Date note under section 1522 of Title 8, Aliens and Nationality.

Short Title

Pub. L. 87–510, § 1, , 76 Stat. 121, 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, § 1000(a)(7) [div. A, title II, § 251], , 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 , and the Protocol Relating to the Status of Refugees of , 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 Foreign Affairs 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, § 2241, , 112 Stat. 2681–821.

United States Policy Concerning Overseas Assistance to Refugees and Displaced Persons

Pub. L. 103–236, title V, § 501, , 108 Stat. 460, as amended by Pub. L. 117–263, div. E, title LV, § 5586, , 136 Stat. 3374, 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 provision of safe and secure access to sanitation facilities, with a special emphasis on women and children;

“(7)

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;

“(8)

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;

“(9)

education for all refugee children, ensuring equal access for girls, and special services and family tracing for unaccompanied refugee minors;

“(10)

the collection of data that clearly enumerate age and gender so that appropriate health, education, and assistance programs can be planned;

“(11)

the recruitment, hiring, and training of more women program professionals in the international humanitarian field; and

“(12)

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, § 745, , 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 , 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, § 430(b), , 108 Stat. 459.

Indochina Migration and Refugee Assistance

Pub. L. 94–23, , 89 Stat. 87, as amended by Pub. L. 94–313, , 90 Stat. 691; Pub. L. 95–145, title II, §§ 201, 202, , 91 Stat. 1224, 1225; Pub. L. 95–549, title II, § 201, , 92 Stat. 2066; Pub. L. 96–110, § 3(a), , 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, § 312(c), , 94 Stat. 117.

Availability of Funds for Continuation of Activities

Pub. L. 87–510, § 7, , 76 Stat. 124, 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 Documents

Executive Order No. 12244

Ex. Ord. No. 12244, , 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 , and ending , was revoked by Ex. Ord. No. 12553, , 51 F.R. 7237.

Executive Order No. 12327

Ex. Ord. No. 12327, , 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, , 51 F.R. 7237.

Delegation of Authority

Determination of President of the United States, No. 02–25, , 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. § 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 () [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, , 34 Weekly Compilation of Presidential Documents 2398, , 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.

Credits

1962–2002 · 7 acts
  1. 1962Pub. L. 87–510, § 2, , 76 Stat. 121
  2. 1964Pub. L. 88–634, title II, § 201, , 78 Stat. 1021
  3. 1975Pub. L. 94–141, title V, § 501(a), , 89 Stat. 771
  4. 1980Pub. L. 96–212, title III, § 312(b), , 94 Stat. 116
  5. 1985Pub. L. 99–93, title I, § 111, , 99 Stat. 410
  6. 1994Pub. L. 103–236, title IV, § 430(a), , 108 Stat. 459
  7. 2002Pub. L. 107–228, div. A, title II, § 242, , 116 Stat. 1374.
Show as published

(Pub. L. 87–510, § 2, , 76 Stat. 121; Pub. L. 88–634, title II, § 201, , 78 Stat. 1021; Pub. L. 94–141, title V, § 501(a), , 89 Stat. 771; Pub. L. 96–212, title III, § 312(b), , 94 Stat. 116; Pub. L. 99–93, title I, § 111, , 99 Stat. 410; Pub. L. 103–236, title IV, § 430(a), , 108 Stat. 459; Pub. L. 107–228, div. A, title II, § 242, , 116 Stat. 1374.)

Parsed from the official OLRC USLM XML in data/usc_all/usc22.xml · release point 119-108 · OLRC build 2026-09-09

USLM identifier /us/usc/t22/s2601