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Title 22 — Foreign Relations and Intercourse

Chapter 36 — Migration and Refugee Assistance

§ 2605. Use of funds and personnel; savings provision

Statutory text

(a)

Use of funds

Funds made available for the purposes of this chapter shall be available for—

(1)

compensation, allowances, and travel of personnel, including members of the Foreign Service whose services are utilized primarily for the purpose of this chapter, 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 chapter;

(2)

employment or assignment of members of the Foreign Service serving under limited appointments for the duration of operations under this chapter;

(3)

exchange of funds without regard to section 3651 1 of the Revised Statutes (31 U.S.C. 543), and loss by exchanges;

(4)

expenses authorized by the Foreign Service Act of 1980 [22 U.S.C. 3901 et seq.], not otherwise provided for;

(5)

expenses authorized by the Act of (70 Stat. 890–892), as amended;

(6)

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 chapter.

(b)

Savings provision

Except as may be expressly provided to the contrary in this chapter, 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contracts, agreements and other actions issued, undertaken, or entered into under authority of any provision of law repealed by this chapter shall continue in full force and effect until modified, revoked, or superseded under the authority of this chapter.

(c)

Use of personnel

Personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau charged with carrying out this chapter.

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 § 5 · 76 Stat. 121

    Enacted · 22 U.S.C. § 2605

    Pub. L. 87–510, § 5, June 28, 1962, 76 Stat. 123

    Source evidence

    Code source credit
    Pub. L. 87–510, § 5, June 28, 1962, 76 Stat. 123

    Enacted provision · exact public law section
    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, 60 Stat. 999. as amended (22 U.S.C. 801 et seq.), not otherwise provided for; (5) expenses authorized by the Act of August 1, 1956 (70 5 USC 170f–170t. 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.

  2. Pub. L. 96–465 § 2206(a)(10)(A) · 94 Stat. 2071

    Substituted · 22 U.S.C. § 2605(a)(1)

    Pub. L. 96–465, § 2206(a)(10)(A), substituted “members of the Foreign Service” for “Foreign Service personnel”

    Source evidence

    Code amendment note
    Subsec. (a)(1). Pub. L. 96–465, § 2206(a)(10)(A), substituted “members of the Foreign Service” for “Foreign Service personnel”.

    Enacted provision · exact public law section
    (A) in paragraph (1) by striking out “Foreign Service personnel” and inserting in lieu thereof “members of the Foreign Service”;

  3. Pub. L. 96–465 § 2206(a)(10)(B) · 94 Stat. 2071

    Substituted · 22 U.S.C. § 2605(a)(2)

    Pub. L. 96–465, § 2206(a)(10)(B), substituted “members of the Foreign Service serving under limited appointments” for “Foreign Service Reserve officers”

    Source evidence

    Code amendment note
    Subsec. (a)(2). Pub. L. 96–465, § 2206(a)(10)(B), substituted “members of the Foreign Service serving under limited appointments” for “Foreign Service Reserve officers”.

    Enacted provision · exact public law section
    (B) in paragraph (2) by striking out “Foreign Service Reserve officers” and inserting in lieu thereof “members of the Foreign Service serving under limited appointments”; and

  4. Pub. L. 96–465 § 2206(a)(10)(C) · 94 Stat. 2071

    Substituted · 22 U.S.C. § 2605(a)(4)

    Pub. L. 96–465, § 2206(a)(10)(C), substituted reference to the Foreign Service Act of 1980 for reference to the Foreign Service Act of 1946

    Source evidence

    Code amendment note
    Subsec. (a)(4). Pub. L. 96–465, § 2206(a)(10)(C), substituted reference to the Foreign Service Act of 1980 for reference to the Foreign Service Act of 1946.

    Enacted provision · exact public law section
    (C) in paragraph (4) by striking out “Foreign Service Act of 1946, as amended (22 U.S.C. 801 et seq.)” and inserting in lieu Ante, p. 2071. thereof “Foreign Service Act of 1980”.

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

    Pub. L. 99–93 § 112(a) · 99 Stat. 405

    1. Added · 22 U.S.C. § 2605(a)(6); 22 U.S.C. § 2605(a)(7)

      Pub. L. 99–93, § 112(a), added par. (6)

    2. Redesignated · 22 U.S.C. § 2605(a)(6); 22 U.S.C. § 2605(a)(7)

      Pub. L. 99–93, § 112(a), redesignated former par. (6) as (7)

    Source evidence

    Code amendment note
    Subsec. (a)(6), (7). Pub. L. 99–93, § 112(a), added par. (6) and redesignated former par. (6) as (7).

    Enacted provision · exact public law section
    (a) Authority.— Section 5(a) of the Migration and Refugee Assistance Act of 1962 (22 U.S.C. 2605) is amended— (1) by striking out “and” at the end of paragraph (5); (2) by redesignating existing paragraph (6) as paragraph (7); and (3) by inserting after paragraph (5) the following new paragraph (6): “(6) 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”.

    Effective date note
    Pub. L. 99–93, title I, § 112(b), Aug. 16, 1985, 99 Stat. 411, provided that: “Authority provided by the amendment made by subsection (a) [amending this section] shall only apply with respect to funds appropriated after the date of the enactment of this Act [Aug. 16, 1985].”

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

    Pub. L. 103–236 title I § 164(b) · 108 Stat. 382

    1. Amended · 22 U.S.C. § 2605(c)

      Pub. L. 103–236, as amended by Pub. L. 103–415

    2. Added · 22 U.S.C. § 2605(c)

      Pub. L. 103–236, as added subsec. (c)

    Source evidence

    Code amendment note
    Subsec. (c). Pub. L. 103–236, as amended by Pub. L. 103–415, added subsec. (c).

    Enacted provision · exact public law section
    (b) Amendment to the Migration and Refugee Assistance Act.— Section 5 of the Migration and Refugee Assistance Act (22 U.S.C. 2605) is amended by adding at the end the following new subsection: “(c) Personnel funded pursuant to this section are authorized to provide administrative assistance to personnel assigned to the bureau charged with carrying out this Act.”.

8 of 8 references resolved to an enrolled provision

Editorial Notes

References in Text

This chapter, referred to in text, 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 1104 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 section 2601 of this title, 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 under section 2601 of this title and Tables.

Section 3651 of the Revised Statutes (31 U.S.C. 543), referred to in subsec. (a)(3), was repealed by Pub. L. 97–258, § 5(b), , 96 Stat. 1068, the first section of which enacted Title 31, Money and Finance.

The Foreign Service Act of 1980, referred to in subsec. (a)(4), is Pub. L. 96–465, , 94 Stat. 2071, which is classified principally to chapter 52 (§ 3901 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 3901 of this title and Tables.

Act of , as amended, referred to in subsec. (a)(5), is act Aug. 1, 1956, ch. 841, 70 Stat. 890, known as the State Department Basic Authorities Act of 1956. For complete classification of this Act to the Code, see Short Title note set out under section 2651 of this title and Tables.

Amendments1980–1994 · 3 rounds

1994

Subsec. (c). Pub. L. 103–236, as amended by Pub. L. 103–415, added subsec. (c).

1985

Subsec. (a)(6), (7). Pub. L. 99–93, § 112(a), added par. (6) and redesignated former par. (6) as (7).

1980

Subsec. (a)(1). Pub. L. 96–465, § 2206(a)(10)(A), substituted “members of the Foreign Service” for “Foreign Service personnel”.

Subsec. (a)(2). Pub. L. 96–465, § 2206(a)(10)(B), substituted “members of the Foreign Service serving under limited appointments” for “Foreign Service Reserve officers”.

Subsec. (a)(4). Pub. L. 96–465, § 2206(a)(10)(C), substituted reference to the Foreign Service Act of 1980 for reference to the Foreign Service Act of 1946.

Statutory Notes and Related Subsidiaries

Effective Date of 1985 Amendment

Pub. L. 99–93, title I, § 112(b), , 99 Stat. 411, provided that: “Authority provided by the amendment made by subsection (a) [amending this section] shall only apply with respect to funds appropriated after the date of the enactment of this Act [].”

Effective Date of 1980 Amendment

Amendment by Pub. L. 96–465 effective , except as otherwise provided, see section 2403 of Pub. L. 96–465, set out as an Effective Date note under section 3901 of this title.

Credits

1962–1994 · 5 acts
  1. 1962Pub. L. 87–510, § 5, , 76 Stat. 123
  2. 1980Pub. L. 96–465, title II, § 2206(a)(10), , 94 Stat. 2162
  3. 1985Pub. L. 99–93, title I, § 112(a), , 99 Stat. 410
  4. 1994Pub. L. 103–236, title I, § 164(b), , 108 Stat. 411
  5. 1994Pub. L. 103–415, § 1(ff), , 108 Stat. 4303.
Show as published

(Pub. L. 87–510, § 5, , 76 Stat. 123; Pub. L. 96–465, title II, § 2206(a)(10), , 94 Stat. 2162; Pub. L. 99–93, title I, § 112(a), , 99 Stat. 410; Pub. L. 103–236, title I, § 164(b), , 108 Stat. 411; Pub. L. 103–415, § 1(ff), , 108 Stat. 4303.)

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