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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

96-212MAR.

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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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94 STAT. 106

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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94 STAT. 108

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.

7/24/2019 1980 Refugee Act

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.

7/24/2019 1980 Refugee Act

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 .

7/24/2019 1980 Refugee Act

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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.