260
employment practice, the judge shall state findings of fact about the prac-
tice and issue and have served on the person an order requiring the person
to cease and desist from the practice.
(2) The order also may require the person—
(A) to comply with section 11103 of this title for not more than 3
years;
(B) to retain for not more than 3 years, and only for use as provided
under section 11103(e) of this title, the name and address of each indi-
vidual applying (whether in person or in writing) for an existing posi-
tion, or for recruitment or referral for a fee, for employment in the
United States;
(C) to hire an individual directly and adversely affected, with or
without back pay;
(D) to pay to the United States Government a civil penalty of—
(i) at least $250, but not more than $2,000, for each individual
discriminated against;
(ii) at least $2,000, but not more than $5,000, for each individ-
ual discriminated against if the person previously was subject to
an order under this subsection;
(iii) at least $3,000, but not more than $10,000, for each indi-
vidual discriminated against if the person previously was subject
to more than one order under this subsection; or
(iv) at least $100, but not more than $1,000, for each individ-
ual discriminated against, for an immigration-related unfair em-
ployment practice described in section 11302(b) of this title;
(E) to post notices to employees about their rights under this chap-
ter and the obligations of employers under chapter 111 of this title;
(F) to educate all personnel involved in hiring or complying with this
chapter and chapter 111 of this title about the requirements of this
chapter and chapter 111;
(G) to remove, as appropriate, a false performance review or false
warning from an employee’s personnel file; and
(H) to lift, as appropriate, a restriction on an employee’s assign-
ments, work shifts, or movements.
(3) An order of back pay under paragraph (2)(C) of this subsection may
not require back pay for more than the 2-year period occurring before the
charge was filed with the Special Counsel for Immigration-Related Unfair
Employment Practices. Back pay otherwise allowable shall be reduced by
amounts earned, or earnable with reasonable diligence, during the period
covered by the back pay order. An order may require hiring an individual
261
or paying back pay to an individual only if the individual was refused em-
ployment for discrimination because of national origin or citizenship status.
(4) Under this section, if the person is an entity composed of distinct,
physically separate subdivisions each of which provides separately for the
hiring, recruiting, or referring for employment, without reference to the
practices of, and not under control of or common control with, another sub-
division, each subdivision is deemed a separate entity.
(c) DISCRIMINATION DEEMED TO HAVE OCCURRED.—An individual in-
timidated, threatened, coerced, or retaliated against in violation of section
11302(a)(2) of this title is deemed to have been discriminated against under
this section.
(d) ORDERS FINDING NO UNFAIR PRACTICES.—If the administrative law
judge finds by a preponderance of the evidence that the person named in
the complaint has not engaged, and is not engaging, in an immigration-re-
lated unfair employment practice, the judge shall state findings of fact
about such a practice not existing and issue an order dismissing the com-
plaint.
§ 11309. Judicial review of final orders
(a) GENERAL.—A person aggrieved by a final order issued by an adminis-
trative law judge under section 11308 of this title may file a petition for
review of the order in the court of appeals of the United States for the cir-
cuit in which the alleged unfair practice occurred or in which the employer
resides or does business. The petition must be filed within 60 days after
the date the final order is issued.
(b) EXCLUSIVE JURISDICTION.—When the record of the proceedings is
filed with the court, the court has exclusive jurisdiction to review the order.
§ 11310. Judicial enforcement of administrative orders
(a) CIVIL ACTIONS FOR ENFORCEMENT.—If a petition for review of an
order of an administrative law judge under section 11308 of this title is not
filed under section 11309 of this title, the Special Counsel for Immigration-
Related Unfair Employment Practices or, if the Special Counsel does not
act, the person that filed the charge with the Special Counsel, may bring
a civil action to enforce the order. The action must be brought in the dis-
trict court of the United States for the judicial district in which a violation
of the order is alleged to have occurred or in which the person against whom
the order is directed resides or does business. The order of the administra-
tive law judge may not be reviewed in the action.
(b) ENFORCEMENT BY COURT OF APPEALS IN ORIGINAL REVIEW.—If
the court of appeals does not reverse an order of an administrative law
judge reviewed under section 11309 of this title, the court may issue an
order enforcing the order of the judge.
262
§ 11311. Attorney fees
In a proceeding before an administrative law judge under this chapter,
or in a judicial proceeding for review or enforcement of an order of an ad-
ministrative law judge under section 11308 of this chapter, the prevailing
party (except the United States Government) may be awarded reasonable
attorney fees if the losing party’s argument is without reasonable foundation
in law and fact.
§ 11312. Certain agency authority not affected
Except as specifically provided in this chapter, this chapter does not af-
fect the authority of the Equal Employment Opportunity Commission to in-
vestigate allegations of unlawful employment practices.
SUBTITLE IV—REFUGEE AND IMMIGRANT
PROGRAMS
CHAPTER
Sec.
131.
REFUGEE ASSISTANCE ..............................................................................
13101
133.
INTERNATIONAL PARTICIPATION AND EMERGENCY ASSIST-
ANCE.
13301
135.
IMMIGRANT EDUCATION ASSISTANCE ..................................................
13501
137.
STATE LEGALIZATION IMPACT-ASSISTANCE GRANTS .....................
13701
139.
REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATION-
ALS AND ILLEGAL ALIENS.
13901
CHAPTER 131—REFUGEE ASSISTANCE
SUBCHAPTER I—RESETTLEMENT ASSISTANCE
Sec.
13101.
Congressional intent.
13102.
Definition.
13103.
Office of Refugee Resettlement.
13104.
Initial resettlement assistance.
13105.
Initial resettlement assistance grants and contracts.
13106.
Project grants and contracts for services.
13107.
Assistance for refugee children.
13108.
Cash and medical assistance.
13109.
Administrative.
13110.
Annual reports.
13111.
Limitations.
13112.
Authorization of appropriations.
SUBCHAPTER II—EDUCATION ASSISTANCE
13131.
Definitions.
13132.
Basic educational services grants.
13133.
Supplementary educational services grants.
13134.
Adult education program grants.
13135.
Applications.
13136.
Use of estimated information and consultation with other agencies.
13137.
State administrative costs.
13138.
Withholding payments.
13139.
Authorization of appropriations and allocation of total amount appropriated.
SUBCHAPTER III—CUBAN AND HAITIAN ENTRANTS
13151.
Definition.
13152.
Presidential authority.
13153.
General assistance.
263
SUBCHAPTER I—RESETTLEMENT ASSISTANCE
§ 13101. Congressional intent
It is the intent of Congress that in providing refugee assistance under
this subchapter—
(1) employable refugees should be placed in jobs as soon as possible
after the refugees arrive in the United States;
(2) social service expenditures should be focused on employment-re-
lated services, instruction in English-as-a-second-language (in non-work
hours when possible), and case-management services; and
(3) local voluntary organization activities should be carried out in
close cooperation and advance consultation with State and local govern-
ments.
§ 13102. Definition
In this subchapter, ‘‘refugee’’ includes a spouse or child described in sec-
tion 5105(c) of this title.
§ 13103. Office of Refugee Resettlement
(a) OFFICE OF REFUGEE RESETTLEMENT.—The Office of Refugee Re-
settlement is an office in the Department of Health and Human Services.
(b) DIRECTOR.—The head of the Office is a Director appointed by the
Secretary of Health and Human Services.
(c) AUTHORITY OF THE DIRECTOR.—In consultation with the Secretary
of State, the Director shall carry out this subchapter (directly or through
arrangements with other agencies) except—
(1) that the Secretaries of Education, Health and Human Services,
and State and the Attorney General may prescribe regulations that
each Secretary or the Attorney General considers appropriate to carry
out this subchapter; and
(2) as otherwise provided in this subchapter.
§ 13104. Initial resettlement assistance
(a) EDUCATION AND TRAINING.—The Director of the Office of Refugee
Resettlement may develop programs of orientation, instruction in English,
job training, and other education and training of refugees that will assist
in their resettlement in the United States. The programs may be carried
out by—
(1) the Director consistent with this subchapter, for refugees in the
United States; and
(2) the Secretary of State, for refugees waiting to enter the United
States.
(b) TEMPORARY CARE.—The Secretary of Health and Human Services
may make arrangements (including cooperative arrangements with other
agencies) for the temporary care of refugees in the United States in emer-