22 U.S.C. § 2601 — Refugees and migration

Page 1044 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2601 1 See References in Text note below. § 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 Inter- national Organization for Migration in accord- ance 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 amend- ments. (2) For the purpose of assisting in the move- ment of refugees and migrants, there are au- thorized 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 ex- penses 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 Refu- gees for assistance to refugees under his man- date or persons on behalf of whom he is exer- cising his good offices, and for contributions to the International Organization for Migra- tion, the International Committee of the Red Cross, and to other relevant international or- ganizations; and (2) for assistance to or on behalf of refugees who are outside the United States designated by the President (by class, group, or designa- tion of their respective countries of origin or areas of residence) when the President deter- mines that such assistance will contribute to the foreign policy interests of the United States. (c) United States Emergency Refugee and Migra- tion Assistance Fund; appropriations (1) Whenever the President determines it to be important to the national interest he is author- ized 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 Emer- gency 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 nec- essary 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 ob- ligated, would cause such amounts to exceed $100,000,000. Amounts appropriated hereunder shall remain available until expended. (3) Whenever the President requests appropria- tions pursuant to this authorization he shall justify such requests to the Committee on For- eign 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 com- mittees of Congress currently informed of the use of funds and the exercise of functions au- thorized 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 appropria- tions authorized by this section. (f) Restrictions on foreign assistance not applica- ble to migration and refugee assistance The President may furnish assistance and make contributions under this chapter notwith- standing any provision of law which restricts as- sistance to foreign countries. (Pub. L. 87–510, § 2, June 28, 1962, 76 Stat. 121; Pub. L. 88–634, title II, § 201, Oct. 7, 1964, 78 Stat. 1021; Pub. L. 94–141, title V, § 501(a), Nov. 29, 1975, 89 Stat. 771; Pub. L. 96–212, title III, § 312(b), Mar. 17, 1980, 94 Stat. 116; Pub. L. 99–93, title I, § 111, Aug. 16, 1985, 99 Stat. 410; Pub. L. 103–236, title IV, § 430(a), Apr. 30, 1994, 108 Stat. 459; Pub. L. 107–228, div. A, title II, § 242, Sept. 30, 2002, 116 Stat. 1374.) 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, June 28, 1962, 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 Na- tionality, 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 classifica- tion of this Act to the Code, see Short Title note set out below and Tables. The Foreign Assistance Act of 1961, as amended, re- ferred to in subsec. (e), is Pub. L. 87–195, Sept. 4, 1961, 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, re- ferred 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; Aug. 14, 1957, Pub. L. 85–141, 71 Stat. 355; June 30, 1958, Pub. L. 85–477, ch. 1, §§ 101–103, ch. II, §§ 201–205, ch. III, § 301, ch. IV, § 401, ch. V, § 501, 72 Stat. 261; July 24, 1959, 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; May 14, 1960, 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), Aug. 14, 1957, 71 Stat. 356, Pub. L. 86–108, ch. II, §§ 205(j), ch. IV, 401(1), July 24, 1959, 73 Stat. 250, Pub. L. 86–472, ch. II, §§ 203(d), 204(k), May 14, 1960, 74 Stat. 138, Pub. L. 87–195, pt. III, § 642(a)(2), Sept. 4, 1961, 75 Stat. 460, Pub. L. 94–329, title II, § 212(b)(1), June 30, 1976, 90 Page 1045 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2601 Stat. 745, Pub. L. 104–127, title II, § 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 sec- tion 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 fol- lows: ‘‘The President is authorized to continue mem- bership for the United States in the International Orga- nization for Migration in accordance with its constitu- tion 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 partici- pation in the Organization.’’ 1994—Subsec. (a). Pub. L. 103–236, § 430(a)(1)–(3), sub- stituted ‘‘the International Organization for Migra- tion’’ for ‘‘the Intergovernmental Committee for Euro- pean 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, § 430(a)(1), substituted ‘‘the International Organization for Migration’’ for ‘‘the Intergovernmental Committee for European Mi- gration’’. 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 require- ment 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 pro- visions 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 For- eign 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 sen- tence ‘‘Funds appropriated for the purposes of this sec- tion 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 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 Na- tionality. SHORT TITLE Pub. L. 87–510, § 1, June 28, 1962, 76 Stat. 121, provided: ‘‘That this Act [enacting this chapter, amending sec- tions 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], 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 involun- tary 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 Con- vention Relating to the Status of Refugees of July 28, 1951, and the Protocol Relating to the Status of Refu- gees 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 involun- tary return of any person to any country unless the Secretary of State first notifies the appropriate con- gressional committees [Committee on Foreign Affairs of the House of Representatives and Committee on For- eign 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 congres- sional 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 cir- cumstances 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, Oct. 21, 1998, 112 Stat. 2681–821. UNITED STATES POLICY CONCERNING OVERSEAS ASSISTANCE TO REFUGEES AND DISPLACED PERSONS Pub. L. 103–236, title V, § 501, Apr. 30, 1994, 108 Stat. 460, as amended by Pub. L. 117–263, div. E, title LV, § 5586, Dec. 23, 2022, 136 Stat. 3374, provided that: ‘‘(a) STANDARDS FOR REFUGEE WOMEN AND CHIL- DREN.—The United States Government, in providing for overseas assistance and protection of refugees and dis- placed 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 popu- lation. 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 nongovern- mental voluntary organizations, the Secretary of State shall seek to ensure— ‘‘(1) specific attention on the part of the United Na- tions 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 govern- ments or insurgent groups; Page 1046 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2601 ‘‘(4) full involvement of women refugees in the planning and implementation of (A) the delivery of services and assistance, and (B) the repatriation proc- ess; ‘‘(5) incorporation of maternal and child health needs into refugee health services and education, spe- cifically to include education on and access to serv- ices in reproductive health and birth spacing; ‘‘(6) the provision of safe and secure access to sani- tation facilities, with a special emphasis on women and children; ‘‘(7) the availability of counseling and other serv- ices, grievance processes, and protective services to victims of violence and abuse, including but not lim- ited to rape and domestic violence; ‘‘(8) the provision of educational programs, particu- larly 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 organiza- tions on implementation of the 1991 UNHCR ‘Guide- lines 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 as- sistance funds implement the standards outlined in subsection (a). ‘‘(c) REQUIREMENTS FOR REFUGEE AND MIGRATION AS- SISTANCE.—The Secretary of State, in providing migra- tion and refugee assistance, should support the protec- tion 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, in- humane, or degrading treatment or punishment, pro- longed 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 Sec- retary of State should immediately investigate such re- ports 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, Dec. 22, 1987, 101 Stat. 1396, authorized President to continue United States membership in Intergovernmental Committee for Euro- pean Migration and, upon entry into force of amend- ments to constitution of such body approved May 20, 1987, to continue membership under the name Inter- national Organization for Migration in accordance with such constitution and amendments, and authorized ap- propriation 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), 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, §§ 201, 202, Oct. 28, 1977, 91 Stat. 1224, 1225; Pub. L. 95–549, title II, § 201, Oct. 30, 1978, 92 Stat. 2066; Pub. L. 96–110, § 3(a), Nov. 13, 1979, 93 Stat. 844, which set forth provisions respecting appropriations, etc., for mi- gration and refugee assistance for aliens who fled from Cambodia, Laos, and Vietnam, was repealed by Pub. L. 96–212, title III, § 312(c), Mar. 17, 1980, 94 Stat. 117. AVAILABILITY OF FUNDS FOR CONTINUATION OF ACTIVITIES Pub. L. 87–510, § 7, June 28, 1962, 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 As- sistance Act of 1961, as amended [section 2261(a) of this title].’’ Executive Documents EXECUTIVE ORDER NO. 12244 Ex. Ord. No. 12244, Oct. 3, 1980, 45 F.R. 66443, which provided exemptions from certain statutory require- ments for temporary housing for Haitian and Cuban refugees at Fort Allen in Puerto Rico for the period be- ginning 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 Con- stitution and laws of the United States, including sec- tion 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 amend- ed, 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 redele- gate 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 Presi- dential Determination No. 99–6, Delegation of Author- ity 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 ref- erences to any hereafter-enacted provision of law that Page 1047 TITLE 22—FOREIGN RELATIONS AND INTERCOURSE § 2603 is the same or substantially the same as such provi- sion. You are authorized and directed to publish this De- termination in the Federal Register. GEORGE W. BUSH. Determination of President of the United States, No. 99–6, Nov. 30, 1998, 34 Weekly Compilation of Presi- dential Documents 2398, Dec. 7, 1998, provided: Memorandum for the Secretary of State By virtue of the authority vested in me by the Con- stitution and laws of the United States of America, in- cluding section 301 of title 3 of the United States Code, I hereby delegate the functions and authorities con- ferred upon the President by section 2(b)(2) of the Mi- gration 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 au- thorities 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 pro- vision. You are authorized and directed to publish this memorandum in the Federal Register. WILLIAM J. CLINTON. § 2602. Presidential authorization (a) Authority of President to make loans, ad- vances, grants, contracts, etc.; authority to use money, funds, property, services, etc. In carrying out the purpose of this chapter, 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 or- ganizations; (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) Performance of functions without regard to specified provisions of law Whenever the President determines it to be in furtherance of the purposes of this chapter, the functions authorized under this chapter may be performed without regard to such provisions of law (other than the Renegotiation Act of 1951), as amended, regulating the making, perform- ance, amendment, or modification of contracts and the expenditure of funds of the United States Government as the President may speci- fy. (Pub. L. 87–510, § 3, June 28, 1962, 76 Stat. 123.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–510, June 28, 1962, 76 Stat. 121, known as the Migration and Refugee Assist- ance 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. The Renegotiation Act of 1951, as amended, referred to in subsec. (b), is act Mar. 23, 1951, ch. 15, 65 Stat. 7, which was classified principally to section 1211 et seq. of the former Appendix to Title 50, War and National Defense, prior to its omission from the Code. § 2603. Delegation of powers 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 chapter. If the President shall so specify, any individual so designated under this section is authorized to redelegate to any of his subordinates any functions authorized to be performed by him under this section, except the function of exercising the waiver authority spec- ified in section 2602(b) of this title. (Pub. L. 87–510, § 4(a)(1), June 28, 1962, 76 Stat. 123.) Editorial Notes REFERENCES IN TEXT This chapter, referred to in text, was in the original ‘‘this Act’’, meaning Pub. L. 87–510, June 28, 1962, 76 Stat. 121, known as the Migration and Refugee Assist- ance 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. Executive Documents EX. ORD. NO. 11077. ADMINISTRATION OF CHAPTER Ex. Ord. No. 11077. Jan. 22, 1963, 28 F.R. 629, as amend- ed by Ex. Ord. No. 11922, June 16, 1976, 41 F.R. 24573; Ex. Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided: By virtue of the authority vested in me by the Migra- tion and Refugee Assistance Act of 1962 (76 Stat. 121–124; hereinafter referred to as the Act) [this chap- ter], and as President of the United States, it is ordered as follows: SECTION 1. Department of State. (a) The Secretary of State is hereby designated to perform the following: (1) The functions provided for in Sections 2(a) and 2(b)(1) of the Act [section 2601(a), (b)(1) of this title]. (2) The functions provided for in Section 2(b)(2) of the Act [section 2601(b)(2) of this title], exclusive of so much thereof as is assigned or reserved by the provi- sions of Section 2(1) of this order. (3) In connection with functions under the Act as- signed to the Secretary of State, the functions provided for in Sections 3(a), 4(b), and 5(a) of the Act [sections 2602(a), 2604, and 2605(a) of this title]. (b) The Secretary of State shall from time to time furnish the President documents appropriate for the discharge by the President of his responsibilities under Section 2(d) of the Act [section 2601(d) of this title]. (c) With due regard for other relevant considerations (including the interests of any other executive agencies which may be concerned), the Secretary of State shall assume the leadership and provide the guidance for as- suring that programs authorized under the Act best serve the foreign policy objectives of the United States. (d) Funds appropriated or otherwise made available to the President for the United States Emergency Ref-