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94 STAT. 102 PUBLIC LAW96-212MAR.17, 1980
Public Law 96-212
96th Congress
An Act
Mar. 17,l aU rji amend the Immigration and Nationality Act to revise the procedures for the
[S.
643] admission of refugees, to amend th e Migration and Refugee Assistance Act of
1962 to establish a more uniform basis for the provision of assistance to refugees,
and for other purposes.
Be it enacted by the Senate and House of
Representatives
of the
Refugee
Act
of
UnitedStates ofAmerica inCongressassembled.
That th is Act may be
8 usc
1101note ^^^^ * Refugee Act of 1980 .
TITLEIPURPOSE
8 use 1521note. SEC. 101.
(a) The Congress declares that it is the historic policy of
the Un ited States to respond to th e urg ent needs of persons subject to
persecution in their homelands, including, where appropriate,
humanitarian assistance for their care and maintenance in asylum
areas,
efforts to promote opportunities for res ettlem ent or volun tary
repa triation, aid for necessary transp ortation and processing, admis
sion to this country of refugees of special humanitarian concern to
the United States, and transitional assistance to refugees in the
United States. The Congress further declares th at it is the policy of
the United States to encourage all nations to provide assistance and
resettlem ent opportunities to refugees to the fullest exte nt possible.
Qo)
The objectives of this Act are to provide a permanent and
systematic procedure for the admission to this country of refugees of
special humanitarian concern to the United States, and to provide
comprehensive and uniform provisions for the effective resettlement
and absorption of those refugees
who
are admitted.
TITLE
II-ADMISSION
OF REFUGEES
SEC.201.
(a) Section 101(a) of th e Im migration an d Nation ality A ct
(8 U.S.C. 1101(a)) is amended by adding after paragraph (41) the
following new para grap h:
Refugee. (42) The te rm 'refugee ' means (A) any person who is outside any
coun try of suchperson na tionality or, in the case of a person having
no nationality, is outside any country in which such person last
habitually resided, and who is unable or unwilling to retu rnto ,and is
unable or unwilling to avail himself or herself of the protection of,
th at country because of persecution or a well-founded fear of persecu
tion on account of race, religion, nationality, membership in a
particular social group, or political opinion, or (B) in such special
circumstances as the President after appropriate consultation (as
Post p.103.
defined in section 207(e) of th is Act) may specify, an y person who is
within the country of such person's nationality or, in the case of a
person having no nationality, within the country in which such
person is habitually residing,
md
who is persecuted or who has a
well-founded fear of persecu tion on account of race , religion, na tion
ality, membership in a particular social group, or political opinion.
The te rm 'refugee' does not include an y person who ordered, incited,assisted, or otherwise pa rticipated in the persecution of any person on
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P U B L I C L A W
96-212MAR.
17 , 1980 94 S TA T . 103
account of race , re l ig ion , na t ional i ty , membersh ip in a par t icu lar
social gro up, or polit ical opinio n. .
(b) Chapter 1 of t i t le II of such Act is amended by adding after
section 206
(8
U.S.C.
1156)
th e following new se ctions:
ANNUAL ADMISSION OF REFUGEES A N D ADMISSION OF EMERGENCY
SITUATION REFUGEES
SEC.207. (a)(1) Except as provided in subsection Q , the num ber of
refugees who may be admit ted under this sect ion in fiscal year 1980,
1981,
or 1982, m ay no t exceed fif ty tho usa nd u nless th e Pr esid ent
dete rm ines , before th e beginning of th e fiscal ye ar and after appro pri
at e cons ultatio n (as defined in sub section (e)), th a t adm ission of a
specific num be r of refugees in excess of suc h nu m be r is justified by
humani tar ian concerns or i s o therwise in the na t ional in teres t .
(2) Ex cep t as provided in su bsection Ob), th e n um be r of refugees
who ma y be adm it ted u nd er th is section in an y fiscal year after f iscal
yea r 1982 sha l l be such nu m ber as the P res iden t de term ines , before
th e beginning of th e fiscal yea r and after app rop riate co nsul tat ion, is
jus t i f ied by humani tar ian concerns or i s o therwise in the na t ional
in teres t .
(3) Admissions under this subsect ion shal l be al located among
refugees of spec ia l humani tar ian concern to the Uni ted Sta tes in
accordance wi th a de term inat ion m ade by the Pre s ident a f te r appro
priate consul tat ion.
(b) If the President determines, after appropriate consul tat ion,
th at (1) an un foreseen em erge ncy refugee sit ua tion ex ists, (2) th e
admission of certain refugees in response to the emergency refugee
si tua t ion is just i fied by grav e hu m an ita ria n conc erns or is otherwise
in the na t iona l intere st , and (3) th e admission to th e Unite d S tates of
these refugees cannot be accomplished under subsect ion (a), the
President may fix a number of refugees to be admit ted to the United
Sta tes du ring th e succeeding period (not to exceed twelve m onths) in
response to the emergency refugee si tuat ion and such admissions
shal l be al located amon g refugees of special hu m an ita ria n con cern to
the Uni ted Sta tes in accordance wi th a de terminat ion made by the
Pres ident a f te r the appropria te consul ta t ion provided under th i s
subsect ion.
(c)(1) Subject to th e num erica l l imita t ions establ ished p ur su an t to
subsect ions (a) and Ob),the At to rney G enera l may , i n t he At to rney
Genera l ' s d i scre t ion and pursuant to such regula t ions as the At tor
ney Ge nera l may prescribe, adm it any refugee wh o is not f irmly
reset t led in any foreign country, is determined to be of special
hu m an i tar ian concern to the U ni ted Sta tes , and i s admiss ib le (except
as o therwide provided und er par agr aph (3)) as an im m igran t un der
this A ct .
(2) A spo use or child (as defined in section10ia)Xl)(A),(B), (C), (D),
or (E)) of any refugee who qualifies for admission under paragraph (1)
shal l , i f not otherwise ent i t led to admission under paragraph (1) and
if not a person described in the second sentence of section 101(a)(42),
be ent i t led to the same admission status as such refugee i f accompa
nyin g, or following to join , such refugee an d if th e spouse or child is
adm issible (except as otherw ise provided un de r pa ra gr ap h (3)) as a n
im m igran t u nde r th i s Act . Upon th e spouse 's o r ch i ld 's admiss ion to
the Uni ted Sta tes , such admiss ion sha l l be charged agains t the
numerica l l imi ta t ion es tab l i shed in accordance wi th the appropria te
subsect ion und er which the refugee 's adm ission is charged.
Entry ,
numer i ca l
l imi ta t ions.
8u s e 1157.
Emergency
condit ions.
At to rney
General ' s
author i ty .
Spouse or child,
admission
sta tus.
8
u s e
1101.
Ante, p. 102.
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94 STA T. 104 PU BL IC LAW 96-212MAR. 17, 1980
Waiver .
8u s e 1182.
Report to
Congress.
Ante,
p. 102.
Repor t to
congressional
commit tees .
Consul tat ion,
publication in
Congressional
Record.
Proposed
determina t ion ,
review hear ing.
Appropr ia te
consul tat ion.
(3)The provisions of para grap hs(14), (15), (20), (21), (25),and(32) of
section 212(a) shall not be applicable to any alien seeking admission
to the U nited States under th is subsection, and th e A ttorney G eneral
may waive any other provision of such section (other tha n para gra ph
(27), (29),or(33)and other thansomuch of paragraph(23)as relates to
trafficking in narcotics) with respect to such an alien for hu m anita r
ian purposes, to assure family unity, or when it is otherwise in the
public interest. Any such w aiver by the Attorney G eneral shall be in
writing and shall be granted only on an individual basis following an
investigation. The Attorney General shall provide for the annual
reporting to Congress of the number of waivers granted under this
paragraph in the previous fiscal year and a summary of theresisons
for gran ting such waivers.
(4)The refugee sta tus of any alien (and of th e spouse or child of th e
alien) may be termina ted by the A ttorney General pursu ant to such
regulations as the Attorney General may prescribe if the Attorney
General determines that the alien was not in fact a refugee within
the m eaning of section 101(aX42) at th e tim e of th e ali en 's adm ission.
(d)(1)Before th e st ar t of eachfiscalyear the P resident shall report
to the Com mittees on th e Judicia ry of th e House of Rep resentatives
and of the S enate regard ing th e foreseeable num ber of refugees w ho
will be in need of resettlement during the fiscal year and the
anticipated allocation of refugee admissions during the fiscal year.
The President shall provide for periodic discussions between desig
nated rep resentatives of th e Presiden t and mem bers of such commit
tees regarding changes in the worldwide refugee situation, the
progress of refugee admissions, and t he possible need for adjustm ents
in th e allocation of admissions among refugees.
(2) As soon as possible after representatives of the President
initiate appropriate consultation with respect to the number of
refugee admissions under subsection (a) or with respect to the
admission of refugees in response to an emergency refugee situation
und er subsection(b),the(Committeeson the Jud iciary of the H ouse of
Representatives and of th e Senate shall cause to have printed in th e
Congressional Record th e substan ce of such consu ltation.
(3)(A)After t he Preside nt initiates appro priate consultation prior
to making a determ ination und er subsection (a), a h earin g to review
the proposed determination shall be held unless public disclosure of
the details of the proposal would jeopardize the lives or safety of
individuals.
(B) After th e Presiden t initiates app ropriate con sultation prior to
making a determination, under subsection Qy , that the number of
refugee admissions should be increased because of an unforeseen
emergency refugee situation, to the extent that time and the nature
of the emergency refugee situation permit, a hearing to review the
proposal to increase refugee admissions shall be held unless public
disclosure of the deta ils of the proposal would jeopardize t he lives or
safety of individu als.
(e) For purposes of this section, the term 'appropriate consulta
tion* mean s, with respect to the admission of refugees and allocation
of refugee admissions, discussions in person by designated
Cabinet-level representatives of the President with members of the
Committees on the Judiciary of the Senate and of the House of
Representatives to review th e refugee situation or emergency refugee
situation, to project th e ex tent of possible participation of th e Un ited
States th erein , to discuss the reaso ns for believing th at the proposed
admission of refugees is justified by hum an itari an concerns or grave
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PUBLIC LAW
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94 STAT. 105
hum anitaria n concerns or is otherwise in the national interest, and
to provide such mem bers with th e following information:
(1) A description of the nature of the refugee situation.
(2) A description of th e nu mber and allocation of th e refugees
to be admitted an d an ana lysis of conditions w ithin the countries
from which they cam e.
(3)
A description of the proposed plans for their movement
and rese ttlem ent a nd th e estimated cost of their movement and
resettlement.
(4)
An analysis of the anticipated social, economic, and
demographic impact of their admission to the United States.
(5) A description of the extent to which other countries will
adm it and assist in the resettlem ent of such refugees.
(6)
An an alysis of the impac t of the participation of the Un ited
States in the resettlement of such refugees on the foreign policy
interes ts of th e Un ited State s.
(7) Such additional information as may be appropriate or
requested
by
such members.
To the exten t possible, information described in th is subsection sha ll
be provided a t lea st two weeks in advance of discussions in person by
designated representatives of the President with such members.
ASYLUM PROCEDURE
SEC.208.
(a) The Attorn ey General sha ll establish a procedure for
an alien physically present in the United States or at a land border or
port of entry, irrespective of such a lien's sta tus, to apply for asylum ,
and the alien may be granted asylum in the discretion of the
Attorney General if the A ttorney G eneral determines tha t such alien
is a refugee within th e meaning of section 101(aX42XA).
(h)
Asylum gra nted unde r subsection (a) may be termin ated if the
Attorney General, pursuant to such regulations as the Attorney
General may prescribe, determines that the alien is no longer a
refugee within th e m eaning of section101(aX42XA)owing to a change
in circumstances in t he alien's country of nationa lity
or,
in th e case
of
an alien hav ing no nationality, in the coun try in which the alien la st
habitua lly resided.
(c)
A spouse or child (as defined in section
101(bXl)(A), (B), (C),
(D),
or
(E))
of an alien who is gran ted
isylum
unde r subsection
(a)
may , if
not otherwise eligible for asylum unde r such subsection, be gra nted
the same status as the alien if accompanying, or following to join,
such alien.
ADJUSTM ENT OF STATUS OF REFUGEES
SEC.
209. (aXD Any alien who has been admitted to the United
States u nder section207
(A)
whose admission has not been term inated by the Attorney
General pursuant to such regulations as the Attorney General
may prescribe,
(B) who has been physically prese nt in th e U nited S tates for
at leas t one year, and
(C)who has not acquired pe rman ent resident status,
shall, at the end of such year period, return or be returned to the
custody of the Service for inspection and examination for admission
to the United States as an immigrant in accordance with the
provisions of sections 235,236, and
237.
8
u s e
1158.
Ante,p. 102.
Termination.
Spouseorchild,
status.
8
u s e
1101.
8
u s e
1159.
Ante,
p. 103.
8
u s e
1225,
1226, 1227.
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PUBLIC LAW 96-212MAR. 17, 1980
Permanent
residence,
admission
conditions.
Ante, p. 103.
Alien's
admission
record.
8
u s e
1182.
8
u s e 1101.
Ante, p. 105.
(2)
Any alien who is found upon inspection and exam ination by an
imm igration officer pu rsua nt to para grap h (1) or after a h earin g
before a special inquiry officer to be admissible (except as otherwise
provided under subsection
(c))
as an im migrant und er this Act at the
time of the a lien's inspection and exam ination shall, no twithstanding
any numerical limitation specified in this Act, be regarded as
lawfully adm itted to the United Sta tes for perm anent residence as of
the d ate of such alien's arriva l into the U nited State s.
(b)
Not more th an five thousand of the refugee admissions author
ized under section 207(a) in any fiscal year m ay be made available by
the Attorney General, in the Attorney General's discretion and
under such regulations as the Attorney General may prescribe, to
adjust to the status of an alien lawfully admitted for permanent
residence the s tatu s of any alien g rante d asylum who
(1)applies for such adjustm ent,
(2) has been physically present in the United States for at
least one year a fter being gran ted asylum,
(3) continues to be a refugee within the meaning of section
101(a)(42)(A)
or a spouse or child of such a refugee,
(4)
is not firmly resettled in any foreign coun try, and
(5) is admissible (except as otherwise provided under subsec
tion (c)) as an imm igrant unde r this Act at th e tim e of examina
tion for adjustm ent of such a lien.
Upon approval of an application u nder this subsection, the Attorney
General
sheill
establish a record of the alien's admission for lawful
permanent residence as of the date one year before the date of the
approva l of the ap plication.
(c)
T he provisions of para grap hs(14), (15), (20), (21), (25),and
(32)
of
section 212(a) sha ll not be applicable to any alien seeking adjustm ent
of status und er thi s section, and th e Attorney Gen eral may waive any
other provision of such section (other th an par agra ph
(27), (29),
or
(33)
and o ther th an so much of paragra ph (23) as rela tes to trafficking in
narcotics) with respect to such an alien for hum an itaria n purposes, to
assure family unity, or when it is otherwise in th e publicinterest. ,
(c) The table of con tents of such Act is amended by inserting after
the item relatin g to section
206
the following new item s:
Sec.
207. Annual admission of refugees and admission of emergency situation refu
gees.
Sec.
208.Asylum procedure.
Sec.
209.
Adjustment
of status of refugees. .
SEC.
202. Section 211 of the Immigration and Nationality Act (8
U.S.C.
1181) is
amended
(1) by insertin g and subsection (c) in subsection (a) after
Excep t as provided in subsection
(b) ;
and
(2) by adding at the end thereof the following new subsection:
(c) The provisions of subsection (a) shall not apply to an alien
whom the Attorney General admits to the United States under
section
207. .
SEC.
203. (a) Subsection (a) of section 201 of the Immigration and
Nationality Act (8 U.S.C. 1151) is amended to read
is
follows:
(a) Exclusive of special immigrants defined in section 101(a)(27),immediate relatives specified in subsection (b) of this section, and
aliens who are adm itted or grante d a sylum u nde r section 207 or 208,
th e num ber of aliens bo m in any foreign s tate or dependent are a who
may be issued immigrant visas or who may otherwise acquire the
status of an alien lawfully admitted to the United States for perma
nent residence, shall not in any of the first thr ee q uar ters of any fiscal
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P U B L I C L A W 96-212MAR. 17, 1980 94 ST A T. 107
ye ar exceed a total of seventy-two tho usa nd a nd sh all not in an y f iscal
yea r exceed two hu nd red and seventy thousa nd. .
(b) Section 202 of such Act
(8U.S.C.
1152) is am ende d
(1) by s t r ik ing out and the num ber of condi t ional en t r ie s in
subsec tion (a);
(2) by s tr iking out (8) in subsection (a) an d insert in g in lieu
thereof (7) ;
(3) by s tr ik ing out or condit ional en tr i es an d an d condi
t iona l en tr ie s in subsection (e);
(4) by s tr ik ing out 20 per cen tu m in subsection (eX2) an d
inser t ing in l ieu thereof 26 per cen tum ;
(5)by s t r ik ing out para gra ph(7)of sub sectio n (e);
(6) by str ik ing out (7) in pa ra gr ap h (8) of subsection (e) an d
inse rt ing in l ieu thereof (6) ;and
(7) by redesignating paragraph (8) of subsection (e) as para
g r a p h
(7).
(c) Section
203
of such Act
(8U.S.C.
1153) is am ended
(1)by s t r ik ing out or the i r condit ional en t ry author ized, as the
case ma ybe , in sub section (a);
(2) by s tr ik ing out 20 pe r ce ntu m in subsection (aX2) an d
inse rt ing in l ieu thereof 26 per cen tum ;
(3)by s t r ik ing out para gra ph(7)of sub sectio n (a);
(4) by s tr ik ing out an d less th e nu m be r of condit ional e ntr i es
and visas avai lable pu rsu an t to pa rag rap h (7) in subsect ion
(aX8);
(5) by s t r ik ing out or to condi t ional ent ry un der para grap hs
(1) th ro ug h (8) insubsection (aX9) an d ins ert ing in lieu ther eof
u n d e r p a r a g r a p h s
(1)
thro ug h (7) ;
(6) by redesignating paragraphs (8) and (9) of subsection (a) as
p a r a g r a p h s
(7)
a n d(8), respectively;
(7) by stri kin g ou t (7) in subsec tion (d) an d inser tin g in lieu
thereof (6) ;and
(8)by s tr ikin g out subsections(f),(g),an d (h).
(d) Sections 212(aX14), 212(aX32), and 244(d) of such Act (8 U.S.C.
1182(aX14), 1182(aX32), 1254(d)) are each amended by striking out
section 203(aX8) an d in se rtin g in lieu there of section 203(aX7) .
(e) Subsection (h) of section 243 of such Act (8 U.S.C. 1253) is
amended to read as follows:
(hXD T he Atto rne y Ge ne ral shal l no t de po rt or re tu rn a ny alie n Deportation.
(othe r th a n a n al ien de scribed in section 241(aX19)) to a cou ntr y if th e
8 use
I25i.
Attorn ey G enera l determine s th at such a l ien 's li fe or f reedom would
be threatened in such country on account of race, rel igion, nat ional
i ty, membership in a part icular social group, or poli t ical opinion.
(2) Paragraph (1) shall not apply to
einy
al ien i f the At torney
Genera l de te rminesthat
(A) the al ien ordered, inci ted, assis ted, or otherwise part ici
pated in the persecution of any person on account of race,
religion,
nationedity,
me mb ership in a pa r t icula r socia l group, or
political opinion;
(B) the al ien, having been convicted by a f inal judgment of a
par t icular ly ser ious cr ime, cons t i tu tes a danger to the com
m un i ty of the U ni ted S ta tes ;
(C) the re ar e ser ious reaso ns for considering th at t he al ien ha s
com mit ted a ser ious nonpol i tical cr ime outs ide th e Uni te d Sta te s
prior to th e arr iv al of th e al ien in th e Un ited Sta tes; or
(D) the re ar e reasonab le grounds for regardin g th e a l ien as a
dang er to th e secur i ty of the U ni ted S ta tes . .
(f)
Section 212(dX5) of such Act (8 U.S.C. 1182(dX5)) is amended
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PUBLIC LAW 96-212MAR. 17, 1980
Parole into
United States .
Ante,
p. 103.
8u s e 1153 note .
8u s e 1101 note .
8
u s e
1153.
Ante,
p. 105.
8u s e 1255 note .
Effective date.
8u s e 1101 note .
Ante, p. 102.
Ante, p. 106.
Ante, p. 105.
8u s e 1151.
8u s e 1153,
1152.
eondi t iona l
en t ran t s t a tus .
Ante, p. 107.
(1) by insertin g (A) after (5) ;
(2) by inserting
,
except as provided in subparagraph (B),
after Attorney General may ; and
(3) by adding at the end thereof the following newsubparagraph:
(B)
The Attorney General may not parole into the United States an
alien who is a refugee unless the Attorney General determines that
compelling reasons in the public interest w ith respect to th at particu
lar alien require that the dien be paroled into the United States
rather
than
be admitted as a refugee u nde r section207. .
(g) Section 5 of
PubUc
Law 95-412 (8 U.S.C. 1182 note) is amended
by striking out Septem ber 30, 1980 and inserting in lieu thereof
April l ,1980 .
(h) Any reference in any law (other than the Immigration and
Nationality Act or this Act) in effect on April 1, 1980, to section
203(a)(7) of the Immigration and Nationality Act shall be deemed tobe a reference to such section as in effect before such date and to
sections207an d208of the Imm igration and Nationality Act.
(i) Section 203(g) of such Act (8
U.S.C.
1153(g)), section 101(aX3) of
Public Law 95-145, and the first section of Public Law 89-732 are
each amended
by
striking out two yea rs and inserting in lieu
thereof
one
year .
SEC.204. (a)
Except
as provided in subsections (b) and(c),this title
and the amendm ents
made
by this title shall tak e effect on the d ate
of
the enactment of this Act, and shall apply to fiscal years beginning
with th e fiscal ye arb ^ i n n i n gOctober1,1979.
(bXlXA)
Section 207(c) of th e Im migration and Na tionality Act (as
added by section 201(b) of this Act) and the amendments made by
subsections(b), (c),and
(d)
of section
203
of th is Act shal l take effect on
April
1,1980.
(B)
Tlie
amendments made by section 203(f) shall apply to aliens
paroled into the United
Stetes
on or after the sixtieth day after the
date of the enac tme nt of thi s Act.
{G) The amendments made by section 203(i) shall take effect
imm ediately before A pril
1,1980.
(2) Notw ithstanding sections 207(a) and 209(b) of th e
Inmiigration
and Nation ality Act (as added by section 201(b) of this A ct), th e fifty
thousand and five thousand numerical limitations specified in such
respective sections shall, for fiscal yea r 1980, be equal to 25,000 and
2,500, respective ly.
(3) Notwithstanding any other provision of law, for fiscal year
1980
(A) the fiscal year numerical
limitetion
specified in section
201(a) of th e Immigration an d N ationality Act shall be equal to
280,000, and
(B) for the purpose of determining the number of immigrant
visas and
adjustments
of status which may be made
avsulable
un de r sec tions 203(aX2) and 202(eX2) of such A ct, the g rant ing of
a conditional entry or
a4justment
of
stetus
under section
203(aX7) or 202(eX7) of such Act after September 30, 1979, and
before April
1,1980,
shall be considered to be th e gran ting of an
immigrant visa under section 203(aX2) or 202(eX2), respectively,
of such A ct durin g such period.
(cXD The repeal of subsections (g) and (h) of section 203 of the
Inunigration
and Nationality Act, made by section 203(cX8) of this
title, sh all not apply w ith respect to any individual
who
before A pril 1,
1980,
was granted a conditional entry under section 203(aX7) of the
Immigration and Nationality Act (and under section
202(eX7)
of such
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94 STA T.109
Act,ifapplicable),as in effect immediately before such date,and it
shallnotapplyto any alien paroled intothe United States before
April
1,1980,
who
is
eligible for th e benefits of section
5
of Public Law
95-412.
(2)
An
alien
who,
before April
1, 1980,
established
a
date
of
registrationatan im migration office inaforeign coun try on the basis
of entitlemen tto aconditional entrant status under section 203(a)(7)
of the Imm igration an d Nation ality Act(asin effect before such date),
shallbedeemedtobe entitledtorefugee status under section 207of
such Act(asadded by section2010t))of thi s title) and shall be accorded
th e date of registration previously established by th at alien. Nothing
in this paragraph shallbeconstrued toprecludetheacquisitionby
suchanalien of a preference sta tus un der section 203(a) of such A ct.
(3)The provisionsofparagraphs(14), (15), (20), (21), (25),and(32) of
section 212(a)of theIm migration andNationality Actshallnot be
applicableto anyalienwho hasentered the United States before
April
1,
1980, pur sua nt
to
section 203(aX7)
of
such
Act or who has
been paroled as a refugee into the United States under section
212(d)(5)
of such Act, and who
is
seeking adjustment of status, and the
Attorney G eneral may w aiveanyother provisionofsection 212(a) of
suchAct(other than paragraph (27), (29),or(33)andother th anso
muchofparagraph (23) asrelates totrafficking in narcotics) with
respecttosuchanalienforhum anitarian purposes,toassure family
unity , or whenitisotherwise in th e public in terest.
(d)(1) Notwithstanding section 207(a)ofthe Immigrationand Na
tionalityAct (asaddedbysection 201(b)ofthis title),thePresident
may makethedeterm ination describedin thefirst sentenceofsuch
sectionnotlater th an forty-five days after thedate of the enactment
of th is Act for
fiscal
ye ar 1980.
(2)The Attorney General shall establish the asylum procedure
referred to insection 208(a)ofthe Imm igrationandNationalityAct
(as addedbysection2010 )ofthis title)notlater than Ju ne 1, 1980.
(e)Anyreference in thisAct or in chapter 2 of title IV of the
Imm igration an d N ationality Act to the Secretary of Education or th e
Secretary ofH ealth and Human Servicesor to the Departmentof
Health
and
Human Services shall
be
deemed, before
the
effective
date of the Department of Education Organization Act, to be a
reference to the S ecretary of Health , Education, and W elfare or to the
Dep artment of H ealth, Ed ucation, and W elfare, respectively.
TITLE
IIIUNITED
STATES COORDINATOR
FOR
REFUGEE
AFFAIRS AND ASSISTANCE FOR EFFECTIVE RESETTLE
MENT OF REFUGEESINTHE UNITED STATES
8 u s e 1182note.
Registra t ion
date.
8 u s e
1153.
Ante, p. 102.
Waiver.
8 u s e
1182.
Dete rmina t ion ,
deadline.
8 u s e
1157note.
Asylum
procedure,
deadline.
8 u s e 1158note.
Ante, p. 105.
8 u s e
1521note.
93
Sta t .668.
20 u s e
3401
note.
PARTAUNITEDSTATES COORDINATOR FOR REFUGEE AFFAIRS
SEC.301.(a) ThePresident shsillappoint,by andwiththeadvice
and consentofthe Senate,aUnited States Coordinatorfor Refugee
Affairs (hereinafter in this part referred to as the Coordinator ).
The C oordinator sha ll have th e ra nk of Am bassador-at-Large.
(b)The Coordinator shall be responsible to the President
for
(1)the development of overall United S tates refugee admission
and resettlem ent policy;
(2)thecoordinationofall U nited States domesticandinterna
tional refugee admission and re settlement programs inam anner
that assures that policy objectivesare met in a timely fashion;
(3) the design of an overall budget strategy to provide
individual agencies with policy guidanceon refugee mattersin
Presidentia l
appointment .
8 u s e 1525.
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9/17
94 STAT.110
PUBLIC
LAW
96-212MAR.
17, 1980
Recommenda
tions
to
Pres iden tand
Congress.
Consulta t ion.
Reports
to
coordinator.
Post,p.115.
the preparation of their budget requests, and to provide the
Office of Management and Budget with an overview of all
refugee-related budget requests;
(4)the p resentationto theCongressof the Adm inistration's
overall refugee policy
and the
relationship
of
individual agency
reftigeebud gets to th at overall policy;
(5) advising the President, Secretary of State, Attorney
General, and the Secretary of He alth and Hu m an Services on the
relationship of overall United States refugee policy to the admis
sion of refugees to, and the resettlement of refugees in, the
United S tates;
(6)und er th e direction of th e Secretary of Sta te, rep resentatio n
and negotiation onbehedf of the United States with foreign
governmentsandinternational organizations indiscussionson
refugee matters and, when appropriate, subm itting refugee
issues for inclusion in othe r inte rna tion al negotiations;
(7)
developm ent of an effectiveandresponsive liaison betw een
th e Federal Government and voluntary organizations, Governors
and mayors,andothers involvedin refugee reliefandresettle
ment w orkto reflect overall United States Grovemment policy;
(8) making recommendations to the President and to the
Congress with resp ect to policies
for,
objectives
of,
and establish
ment of priorities for. Federal functions relating to refugee
admission and resettlem ent in the U nited States; and
(9) reviewingtheregulations, guidelines, requirem ents, crite
ria, and procedures of Fede ral dep artm ents and agencies applica
ble to the performance of functions relatin g to refugee admission
and resettlement in th e United States.
(cXDIn theconductof theCoordinator's duties,the Coordinator
shall consult regularly with States,localities>andpriva te nonprofit
voluntary agencies concerningthe sponsorship processand the in
tended d istribution of refugees.
(2)TheSecretaryofLaborand theSecretary of Education shall
provide the Coordinator with re gula r rep orts describing the efforts of
their respective departm entstoincrease refugee accesstoprograms
within their jurisdiction,and theCoordinator shall include informa
tion on such program sinrep orts subm itted u nd er section 413(aXl) of
the Im migration and N ationality Act.
PART BASSISTANCE FOR EFFECTIVE RESETTLEMENT OF REFUGEES IN
THE
U N I T E D S T A T E S
SEC. 311.(a)TitleIV of theIm migration andNationalityAct is
amended
(1)by striking out the title heading and inserting in lieu
thereof th e following:
TITLEIVMISCELLANEOUSAND R EFUGE E ASSISTANCE
CHAPTER1MISCELLANEOUS ; and
(2)byaddingat the end thereof the following new chapter:
7/24/2019 1980 Refugee Act
10/17
P U B L I C L A W 96-212MAR. 17, 1980
9 4 S T A T .
I l l
C H A P T E R 2 R E F U G E E A S S IS T A N C E
OFFICE OF REFU GEE RESETTLEMENT
SEC.
411 . (a) T he re is estab lishe d, w ith in t h e D ep ar tm en t of Establishment.
Heal th and Human Services, an office to be known as the Office of 8 use
1521.
Refugee Rese t t lement (here inaf te r in th i s chapter re ferred to as the
'Office'). Th e hea d of th e Office sha ll be a Direc tor (her eina fter in thi s Director.
cha pter re ferred to as th e 'Di rec tor ') , to be appoin ted by th e Secr e tary
of Heal th and Human Serv ices (here inaf te r in th i s chapter re ferred
to as the 'Secretary*).
(b) T he func tion of th e Office a n d its Dire cto r is to fund a nd Functions.
admin i s t e r (d i rec t l y o r t h rough a r rangemen t s wi th o the r Fede ra l
agencies), in consul tat ion with and under the general pol icy guidance
of the United States Coordinator for Refugee Affairs (hereinafter in
th is chap ter re ferred to as th e 'Coord ina tor' ) ,
p r ( ^ a m s
of the Fed era l
Governm en t unde r t h i s chap te r .
AUTHORIZATION
FOR PROGRAMS FORDOMESTIC RESETTLEMENT OF A ND
ASSISTANCE TO
REFUGEES
S E C . 412. (a) CONDITIONS A N D
CONSIDERATIONS.(1)
In providing 8 us e 1522.
assistance under this sect ion, the Director shal l , to the extent of
avai lab le appro priat io ns, (A) m ak e avai lable sufficient res ources for
employment t ra in ing and p lacement in order to ach ieve economic
self-siteciency among refugees as quickly as possible, (B) provide
refugees with the opportuni ty to acquire sufficient English language
training to enable them to become effect ively reset t led as quickly as
possible,
(Q
insure that cash assistance is made avai lable to refugees
in such a m an ne r as no t to discourage th eir economic self-sufficiency,
in accorda nce w ith subsect ion (eX2), an d (D) ins ure t h at w om en ha ve
the same opportuni t ies as men to par t ic ipa te in t ra in ing and
ins t ruc t ion .
(2) The Director,
t(^ether
w ith th e Coo rdin ato r, sha ll cons ult Consultation.
regu la r ly wi th S t a t e and loca l gove rnmen t s
aijd
pr iva te nonprof i t
vo luntary agencies concern ing the sponsorsh ip process and the
intended distribut ion of refugees among the States and local i t ies.
(3) In the provision of domest ic assistance under this sect ion, the
Director shal l make a periodic assessment , based on refugee popula
t ion and other relevant factors, of the relat ive needs of refugees for
ass i s tance and serv ices under th i s chapter and the resources ava i la
ble to meet such needs. In al locat ing resources, the Director shal l
avoid dupl icat ion of services and provide for maximum coordinat ion
betw een agencies providing rela ted services.
(4) No gra n t or cont rac t m ay be awa rded und er th i s sec tion un less
an appropriate proposal and appl icat ion (including a descript ion of
th e agency 's abi l i ty to perform th e services specified in the proposal)
are submi t ted to , and approved by , the appropria te adminis te r ing
official . Grants and contracts under this sect ion shal l be made to
those agencies which the appropriate administering official deter
mines can bes t perform the serv ices . Payments may be made for
act ivi t ies authorized under this chapter in advance or by way of
re imbursemen t . In
canying
out this sect ion, the Director, the Secre
ta r y of Sta te , and an y such o ther app ropria te adm inis te r ing off ic ia l
a r e
authorized
(A) to ma ke loan s, and
Domestic
assistance,
periodic
assessment.
G r a n t s and
contracts.
79-194 O81pt.1 11 :QL3
7/24/2019 1980 Refugee Act
11/17
94 STAT.
112
PUBLIC
LAW
96-212MAR.
17, 1980
Assistance,
conditions.
Report.
Assis tance
monitor ing
system,
development.
Application
information.
Refugee.
Ante,
p.
103.
G r a n t sand
contracts .
(B)
to
accept
and
use money, funds, pro perty,
and
services of
any kind made available
by
gift, devise, bequest, grant,
or
otherwise for t he purpose of carryin g ou t this section.
(5) Assistance
and
services funded und er this section shall
be
provided to refugees w ithout reg ard torace,religion, nationa lity, sex,
or political opinion.
(6)
Asa
condition
for
receiving assistance under this section,
a
Statemust
(A)
submit to the D irector
a
plan which provides
(i)a
description
of
how
the
State intends
to
encourage
effective refugee resettlem ent and to promote economic
self-
sufficiency as quick ly as possible,
(ii)a
description
of
how
the
State w ill insure th at lan
guage training and employment services are m ade available
to refugees receiving cash Eissistance,
(iii)
for
the designation of an individual, employed by
the
State,
who
will
be
responsible
for
insuring coordination
of
public and p rivate resources
in
refugee resettlem ent,
(iv)for the
care
and
supervision
ofand
legal responsi
bility
for
unaccompanied refugee children
inthe
State,
and
(v)for the
identification
of
refugees
whoat the
time
of
resettlement
in the
State
are
determined
to
have medical
conditions requiring,
or
medical histories indicating
a
need
for, treatmentorobservation
and
such m onitoringofsuch
trea tm en t or observation as m ay be necessary;
(B) meet standards, goals,
and
priorities, developed
by the
Director, which a ssure th e effective resettlem ent
of
refugees
and
which promote their economic self-sufficiency
as
quickly
as
possible and th e efficient provision of services; and
(C) subm it
to the
Director, within
a
reasonable period of time
after
theendof
each fiscal year,
a
report
on the
uses
of
funds
provided under this chapter which
the
State
is
responsible
for
administering.
(7)
The
Secretary, tog ether with
the
Secretary
of
State with
respect
to
assistance provided
by the
Secretary
of
State under
subsection
(b),
shall develop
a
system
of
mo nitoring
the
assistance
provided und er th issection.Th is system shall include
(A) evaluations
of
the
effectiveness
of
the
programs funded
under this section
and the
performance
of
States, grantees,
and
contractors;
(B)
financied
auditing
and
other appro priate monitoring
to
detect
any
fraud, abuse,
or
mismanagem ent
inthe
operation
of
such programs; and
(C) data collection
on the
services provided
and the
results
achieved.
(8)
The Attorney Gen eral shall provide the D irector with informa
tion supplied by refugees
in
conjunction w ith the ir app lications to
the
Attorney General
for
adjustment
of
status,
and the
Director shall
compile, summ arize, and ev aluate such information.
(9)
The
Secretary
and the
Secretary
of
State
may
issue such
regulations
as
each deems appropriate
to
carry
out
this chapter.
(10)
For
purposes
of
this chapter,
the
term 'refugee' includes
any
alien described in section 207(cX2).
Ot))PROGRAM
O F
INITIALRESETTLEMENT.(IXA)
For
(i) fiscal years
1980 and 1981,the
Secretary
of
State
is
authorized, and
(ii) fiscal year 1982
and
succeeding fiscal years,
the
Director
(except as provided in sub paragraph
(B)) is
authorized.
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12/17
PUBLICLAW96-212MAR. 17, 1980 94 STAT.113
to make grantsto, andcontracts with, publicor private nonprofit
agencies for initial resettlement (including initial reception and
placem ent with sponsors) of refugeesin theUnited States. Gran ts to,
or contracts with, private nonprofit voluntary agencies under this
paragraph shall be made consistent with the objectives of this
chapter, taking into
accoimt
thedifferent resettlem ent approaches
and practicesof such agencies. Resettlement assistance under this
paragraph shall be provided in coordination with the Director's
provision of other assistance under this chapter. TheSecretaryof
Stateand theDirector shall jointly monitortheassistance provided
duringfiscalyears1980and1981under this paragraph .
(B)The Presiden t shall providefor astudy of which agency is best
able
to
administer
the
program under this paragraph
and
shall
report, not lat er th an March 1,1981, to the Congress on such study.
If
the President determines after such study that theDirector should
not adm inister
the
program under this paragraph,
the
authority
of
the Director under the first sentenceofsubparagraph (A)shallbe
exercised bysuch officer as the President shall from time totime
specify.
(2) The Director is authorized to develop programs for such
orientation, instructioninEnglish, and job trainin gforrefugees,and
such other education andtraining of refugees, sis facilitates their
resettlement in the United States. The Director is authorized to
implement such programs,
in
accordance w ith
the
provisions
of
this
section, with respect
to
refugees
in the
United States. The Secretary
of State isauthorized to implement such programs with respectto
refugees aw aiting entry into the U nited States.
(3)
The Secretary is authorized, in consultation with the Coordina
tor, to make arran gem ents (including cooperative arrange ments with
other Federal agencies)for the temporary care of refugees in the
United Statesin emergency circumstances, includingtheestablish
ment of processing centers, if necessary, without regard to such
provisions of law (other than the Renegotiation Act of 1951and
section 414(b)of this chapter) regulatingthe making, performance,
amendment,
or
modification
of
contracts
and the
expenditure
of
funds of the United S tates Government as the Sec retary may specify.
(4)TheSecretary, inconsultation withtheCoordinator, shall
(A) assure that an adequate number of trained staff are
availableat thelocationatwhichtherefugees entertheU nited
States
to
assure tha t
all
necessary m edical records
are
available
and in proper order;
(B) providefor theidentification ofrefugees whohave been
determined to have medical conditions affecting the public
health and requiring treatm ent;
(C) assure that Stateorlocal health officialsat theresettle
ment destination within the United Statesofeach refugee are
promptly notified ofthe refugee's arriv alandprovided withall
applicable medical
records;
and
(D) provideforsuch mo nitoringof refugees identified under
subparagraph (B) as will insure that they receive appropriate
and timely treatm ent.
The Sec retary shall developandimplement methodsformonitoring
and assessing thequality of medical screening and related health
services provided
to
refugees awaiting resettlement
in the
United
States.
(c) PROJECT GRANTS AND CONTRACTS FOR SERVICES FOR REFU
GEES.The
Director
is
authorized
to
make grants
to, and
enter into
Study, repor t
to
Congress.
Orienta t ion,
educat ion,and
jo b
t ra in ing
programs.
Refugee
tempora ry care.
50 u s e
app .1211
note.
Medical
screening
and
care.
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94 STAT. 114
P U B L I C L A W 96-212MAR. 17, 1980
Child welfare
services.
42 use620.
Legal and
financial
responsibility,
in ter im period.
List of
unaccompanied
children.
contracts with, public or pr ivate nonprofi t agencies for projects
specifically designed
(1) to assis t refugees in obtaining the skil ls which are neces
sary for economic self-sufficiency, including projects for job
trai nin g, em ploy me nt services , day care, professional refreshe r
training, and other recert if icat ion services;
(2)to provide tra ini ng in English wh ere necessary (regardless
of whether the refugees are employed or receiving cash or other
assis tance); an d
(3) to provide where specif ic needs have been shown and
recognized by the Director , heal th ( including mental heal th)
services , social services , edu cation al a nd oth er services .
(d) ASSISTANCE FOR RE FU GE E CHILDREN.(1) T h e
Director
is
author ized to mak e grants , and e nte r in to contracts , for paym ents for
projects to provide special educational services ( including English
language t ra in ing) to refugee chi ldren in e lementary and secondary
schools wh ere a dem ons t ra ted need has been shown.
(2)(A)
Th e Director is autho rized to provide assis tance, reim burse
ment to Sta tes , and grants to and contracts wi th publ ic and pr ivate
nonprofit agencies, for the provision of child welfare services, includ
ing fos ter care maintenance payments and services and heal th care ,
furnished to any refugee child (except as provided in subparagraph
(B)) du ring th e thir ty-s ix mo nth period beginnin g with th e f irst
m on th in which such refugee child is in the Un ited S tates .
(B)(i)
In the case of a refugee child who is unaccompanied by a
parent or other close adult relat ive (as defined by the Director) , the
services described in sub pa rag rap h (A) m ay be furnished un ti l t he
month af ter the child at tains eighteen years of age (or such higher
age as the State 's child welfare services plan under part B of t i t le IV
of the Social Security Act prescribes for the availability of such
services to any oth er child in th a t State ) .
(ii ) The Director shal l a t tem pt to ar ra ng e for th e placem ent und er
the laws of the States of such unaccompanied refugee children, who
have been accepted for admission to the United States , before (or as
soon as possible af ter) their arr ival in the United States . During any
inter im period while such a child is in the United States or in transi t
to the United States but before the child is so placed, the Director
shall assume legal responsibility (including financial responsibility)
for the child, i f necessary, and is authorized to make necessary
decis ions to provide for th e child 's imm edia te c are.
(iii)
In car ryin g out th e D irector 's responsibil i t ies un de r clause (i i) ,
the Director i s author ized to enter in to contracts wi th appropr ia te
public or pr ivate nonprofi t agencies under such condit ions as the
Director determ ines to be ap prop r ia te .
(iv) The Director shall prepare and maintain a l is t of (I) al l such
unaccompanied chi ldren who have entered the Uni ted Sta tes af ter
April 1, 1975, (II) the names and last known residences of their
parents ( if l iving) at the t ime of arr ival , and (III) the children's
location, s ta tus , an d prog ress .
(e) CA SH ASSISTANC E AND MED ICAL ASSISTANCE TOREFUGEES.(1)
The Director i s author ized to provide ass is tance, re imbursement to
States , and g ran ts to , and contrac ts wi th , publ ic or pr ivate nonprof i t
agenc ies for up to 100 pe r centu m of th e cash assis tance a nd me dical
assis tanc e provided to an y refugee du rin g th e thir ty-s ix m on th p eriod
beginning with the f irs t month in which such refugee has entered the
Un i ted Sta tes and for th e ident i fiable and reasonab le adm inis t ra t ive
costs of providing th is assis tance .
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PUBLIC LAW 96-212MAR. 17, 1980 94 ST A T. 115
(2) Cash assistance provided under this subsection to an employ
able refugeeisconditioned, except forgoodcause shown
(A) on the refugee's registration with an appro priate agency
providing employment services described in subsection
(cXl),
or,
if ther e is no such agency available, with an appro priate S tate o r
local
emplojrment
service; and
(B) on the refugee's acceptance of appropriate offers of
emplo3mient;
except that subparagraph (A) does not apply during the first sixty
days after the date of the refugee's entry .
(3) The Director shall develop plans to provide English training English training
and other appropriate services and trsdning to refugees receiving
cash assistance.
(4) If a refugee is eligible for aid o r assistance u nd er a State plan
approved under part A of title IV or under title XIX of the Social
Security Act, or for supp lemental se curity income benefits (including
State supplementary payments) under the program established
under title XVI of that Act, funds authorized under this subsection 42 use1381.
shall only be used for the non -Federal sh are of such aid o r sissistance,
or for such supplementary pajnnents, with respect to cash and
medical assistance provided with respect to such refugee under this
paragraph.
(5)The D irector is authorized to allow for th e provision of medical
assistance under paragraph (1) to any refugee, during the one-year
period after entry, who does not qualify for assistance under a State
plan approved und er title XIX of theSocicdSecurity Act on account
of any resources or income requ irement of such plan , but only if the
Director determ ines
that
(A) this will (i) encourage economic self-sufficiency, or (ii)
avoid a significant b urden on Sta te and local governm ents; and
(B)the refugee meets such alterna tive financial resources and
income requirem ents as th e Director shall establish.
Aid under State
plan.
42
u s e
601,
1396.
Medical
ass is tance
provision.
42 u s e 1396.
CONGRESSIONAL REPORTS
SEC.
413. (aXD The Secretary, in consultation with the Coordina
tor, shall submit a report on activities under this chapter to the
Comm ittees on the Ju diciary of th e House of Representatives an d of
the Senate not later than the January 31 following the end of each
fiscal yea r, beginning w ith
fiscsd
year 1980.
(2)Each such report shall contain
(A) an updated profile of the employment and labor force
statistics for refugees who have ente red und er th is Act since May
1975, as well as a description of the extent to which refugees
received the forms of assistance or services under this chapter
during th at period;
(B) a description of the geographic location of refugees;
(C)a summ ary of the results of the m onitoring and evaluation
conducted under section412(aX7)during th e period for which th e
reportissubm itted;
(D)a description of(i)the activities, expend itures, and policies
of the Office under this chapter and of the activities of States,
volun tary agencies, and sponsors, and(ii)the Director's plans for
improvement of refugee resettlem ent;
(E) evaluations of the exten t to which(i)the services provided
under this chapter areassistingrefugees in achieving economic
self-sufficiency, achieving ability in English, uid achieving
employment commensurate with their skills and abilities, and
8u s e 1523.
eo n t en t s .
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94 STAT.116
PUBLICLAW96-212MAR. 17, 1980
(ii)any fraud, abuse, or mismanag emen t ha s been reportedin the
provisions of services or assistance;
(F)adescriptionof anyassistance providedby theDirector
pu rsua nt to section 412(eX5);(G)
a
summary
of
the location
and
status
of
unaccompanied
refugee children adm itted to th e United S tates; and
(H)asunmiaryof the information compiledandevaluation
made u nd er section 412(aX8).
Analysis. (b)
The
Secretary, in consultation with
the
Coordinator, shall
conduct and rep ort to Congress, not late r tha n one year after th e da te
of the enactme nt
of
this chapter,
an
analysis
of
(1) resettlement systems used byother countries
and
the
applicability of such systems to th e Un ited S tates;
(2)
the
desirability
of
usingaS3rstemother th an
the
current
welfare Sjrstem forthe provision ofc a ^ assistance, medical
assistance , or both, to refugees; and
(3)
alternative resettlem ent strategies.
AUTHORIZATION OP APPROPRIATIONS
8 use1524. SEC.414.(aXDThere are hereby authorized to be appropriatedfor
fiscal year 1980
and for
each of th e two succeeding fiscal years, such
sums asmay benecessaryfor thepurpose of providing initial
resettlement assistance, cash andmedical assistance , andchild
welfare services under subsections
(bXD, (bX3),
Ot)X4), (dX2),
and
(e) of
section412.
(2) Therearehereby au thorized to be approp riatedforfiscal year
1980and foreach of th e two succeeding fiscal years $200,000,000,for
the purpose of carrying out th e provisions (other th an those described
in paragraph(1))of this chapter.
Contract (b)
nie
authoritytoenter into contracts under this chapter shall
authority. beeffectiveforany fiscal year only to such extentor insuch amounts
as are provided in advance in appropriation Acts. .
SEC.
312.
(a)The table of conten ts of th e Immigration and National
ity Actis
amended
(1)
by striking out t he item relating to title IV and insertingin
lieu thereof th e following:
TITLEIVMISCELLANEOUS ANDREFUGEE ASSISTANCE
C H A P T E R 1liOSCELLANEOUS
and
(2)by addingatthe end th e following new items:
Contributionsto
United
Nations.
CHAPTER 2R EFUG EE ASSISTANCE
Sec.
411. OfficeofRefugee Resettlement.
Sec.412. Authorization
for
programs
for
domestic resettlemen t
of
and ass istance
to
refugees.
Sec.413. Congressionalreports.
Sec.414.
AuiJiorizationof
appropriations. .
(bXD Subsection (b)ofsection 2 ofthe Migration and Refugee
Assistance
Act of
1962
(22
U.S.C. 2601)
is
amended
by
striking
out
paragraphs(1)through(6)and insertinginlieu thereof th e following:
(1)forcontributionsto theactivitiesof the United Nations
liigh
CommissionerforRefugeesforassistance to refugees u nd er
his mandate
or
persons
on
behalf
of
whom
he is
exercising
his
good offices, mdforcontributions to theIntei^ovemmental
Committeefor European Migration,theInternational 0>minit-
7/24/2019 1980 Refugee Act
16/17
P U B L I C L A W 96-212MAR. 17, 1980
94 STAT. 117
Assistance for
refugees outside
U.S.
Repeal .
22
u s e
2601
note.
Limitat ions .
8u s e 1522 note.
Ante,
p. 111.
Cuban refugees.
22 u s e 2601.
tee of the Red Cross, an d to o ther re le van t in tern at ion al organi
zat ions; and
(2) for assistance to or on behalf of refugees who are outside
th e Un i ted S ta tes des ignated by the Pres ide nt (by c lass , group, or
designation of their respective countr ies of or igin or areas of
res idence) when the Pres ident determines that such ass is tance
will contr ibute to the foreign policy interests of the United
States . .
(2) Subse ction (cX2) of suc h section is ame nd ed b y strik in g ou t
$25,000,000 an d ins ert ing in lieu there of $50,000,000 .
(c) Th e Indoc hina M igrat ion an d R efugee A ssis tance Act of 1975
(Public La w 94-23) isrepecded.
SEC.
313. (a) Excep t as othe rwise provided in t his sect ion, th e
amendments made by th is par t shal l apply to f i scal years beginning
on or af ter O ctober1,1979.
(b) Subject to subsection (c), th e l im itat ion s con tained in sect ions
412(dX2)(A) and 412(eXl) of the Immigration and Nationality Act on
the durat ion of the period for which child welfare services and cash
and medical assis tance may be provided to part icular refugees shall
not apply to such services and assis tance provided before Apri l 1,
1981.
(c)
Notwithstanding
section 412(eXl) of the Immigrat ion and Na
t ionali ty Act and in l ieu of any assis tance which may otherwise be
provided under such sect ion with respect to Cuban refugees who
entered the Uni ted Sta tes and were receiving ass is tance under
section
20t>)
of th e M igra tion an d Refugee A ssistan ce Act of 1962
before O ctober
1,1978,
th e Dire ctor of th e Office of Refugee Re settle
me nt is
authorized
(1) to pro videreimbursement
(A) in fiscal y e a r 1980, for
75
perce nt ,
(B) in fiscal y e ar 1981,for 60 perc en t,
(C)in fiscal yea r1982,for45percent , and
(D) in fiscal y ea r 1983,for 25 perce nt,
of th e non-F ederal costs of providing cash an d me dical assis tanc e
(other tha n a ssis tance described in para gr ap h (2)) to such refu
gees,
and
(2) to provide reim bu rse m en t in a ny f iscal yea r for 100 percen t
of the
non-Federgd
costs associated with such Cuban refugees
wi th respect to whom supplemental secur i ty income payments
were being paid as of September
30 ,1978,
under t i t le XVI of the
Social Security Act.
(d) Th e req ui rem en ts of section 412(aX6XA) of th e Im m igra tion an d
Na t ional i ty Act shal l apply to ass is tance furnished un der c hap ter 2 of
t i t le IV of such A ct af ter Oc tober 1,1980, or such ear l ier da te as t he
Director of th e Office of Refugee Re sett lem ent m ay establish.
TITLE
IVSOCIAL
SERVICES FOR CERTAIN APPLICANTS
FOR ASYLUM
SEC.
401. (a) Th e Dire ctor of th e Office of Refugee R ese ttle m en t is 8u s e1522note.
auth orized to use funds app ropria ted un de r pa rag rap hs (1) an d (2) of
sect ion 414(a) of the Immigrat ion and Nationali ty Act to reimburse Ante, p. 116.
State and local public agencies for expenses which those agencies
incurred, at any t ime, in providing al iens described in subsection (c)
of this section with social services of the types for which reimburse
ments were made wi th respect to refugees under paragraphs (3)
th ro ug h (6) of section 2(b) of th e Mig ratio n a nd R efugee As sistan ce
Non-Federal cost
r e imbursement .
Ante, p. 111.
7/24/2019 1980 Refugee Act
17/17
94 STAT. 118 PUBL IC LAW96-212MAR. 17, 1980
22 use2601. Act of 1962 (as in effect prior to th e enactm ent of this Act) or under
any other F ederal law.
Workpermit. (b) The Atto rney Genersd is authorized to grant to an alien
described in subsection (c) of this section permission to engage in
emplo5mient in the United States and to provide to that alien an
emplojmaent authorized endorsemen t or other appro priate work
permit.
Applicability. (c) This section applies with respect to any alien in th e United
States(1)who has applied before November
1,1979,
for asylum in the
United States, (2) who has not been granted asylum, and (3) with
respect to whom a final, nonap pealab le, and legally enforceable order
of depo rtation o r exclusion has no t been en tered .
Approved March 17, 1980.
LEGISLATIVE HISTORY:
HO USE REPORTS: No. 96-608 accompanying H.R. 2816 (Comm.on the Judiciary) and
No. 96-781 (Ck)mm. of Conference).
SENATE REPORTS: No. 96-256 (Comm. on the Judiciary) and No. 96-590 (Comm. of
Conference).
CONGRESSIONAL RECORD:
Vol. 125 (1979): Sept. 6, considered and passed Senate.
Dec. 13, 20, H.R. 2816 considered and passed
House;
passage
vaca ted a nd S. 643, am end ed, passed in lieu.
Vol. 126 (1980): Feb. 26, Sen ate agree d to con ference rep ort.
M ar. 4, Hou se agreed to conference repo rt.
WEEKLY COMPILATION OF PRESIDENTIAL DOCU MENTS:
Vol. 16, No. 12 (1980): Mar. 18, Presidential statement.