334
(b) JUDICIAL ENFORCEMENT OF SUBPENAS.—If a person or other entity
disobeys a subpena issued under subsection (a)(2) of this section, an appro-
priate district court of the United States, on application by the administra-
tive law judge, may issue an order to comply with the subpena. The court
may punish a failure to comply with the order of the court as a contempt
of court.
§ 11308. Orders of administrative law judges
(a) GENERAL.—In a proceeding by an administrative law judge under
this chapter, the judge shall issue an order and have the order served on
the parties to the proceeding. The order is final unless a petition for review
is filed under section 11309 of this title.
(b) ORDERS FINDING UNFAIR PRACTICES.—(1) If the administrative law
judge finds by a preponderance of the evidence that the person or other en-
tity named in the complaint has engaged, or is engaging, in an immigration-
related unfair employment practice, the judge shall state findings of fact
about the practice and issue and have served on the person or entity an
order requiring the person to cease and desist from the practice.
(2) The order also may require the person or entity—
(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(f) 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 Federal 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 or entity 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 or entity 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;
335
(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
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 or entity is 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 person or 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 or entity
named in the complaint has not engaged, and is not engaging, in an immi-
gration-related unfair employment practice, the judge shall state findings of
fact about such a practice not existing and issue an order dismissing the
complaint.
§ 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 for the circuit in which the al-
leged unfair practice occurred or in which the employer resides or does busi-
ness. 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.
336
§ 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.
§ 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 title, the prevailing party
(except the Federal Government) may be awarded reasonable attorney fees
if the losing party’s argument is without reasonable foundation in law and
fact.
§ 11312. Certain 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
PART A—ASSISTANCE FOR INDIVIDUALS AND STATES
CHAPTER
Sec.
131.
REFUGEE ASSISTANCE ..............................................................................
13101
133.
INTERNATIONAL PARTICIPATION AND EMERGENCY ASSIST-
ANCE.
13301
135.
IMMIGRANT EDUCATION ASSISTANCE ..................................................
13501
137.
REIMBURSEMENT FOR COSTS OF IMPRISONING CUBAN NATION-
ALS AND ILLEGAL ALIENS.
13701
PART B—RESTRICTIONS
151.
RESTRICTING WELFARE AND PUBLIC BENEFITS FOR ALIENS ...
15101
PART A—ASSISTANCE FOR INDIVIDUALS AND
STATES
CHAPTER 131—REFUGEE ASSISTANCE
SUBCHAPTER I—RESETTLEMENT ASSISTANCE
Sec.
337
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.
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
338
arrangements with other federal departments, agencies, or instrumentalities)
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
federal departments, agencies, or instrumentalities) for the temporary care
of refugees in the United States in emergency circumstances, including es-
tablishing necessary processing centers. The Secretary may carry out this
subsection without regard to provisions of law (except section 13111(b) of
this title) on making, carrying out, and modifying contracts and on Govern-
ment expenditures.
(c) HEALTH ACTIVITIES.—(1) The Secretary of Health and Human Serv-
ices shall—
(A) ensure that an adequate number of trained personnel are avail-
able at a location at which refugees enter the United States so that
all necessary medical records are available and in order;
(B) provide for identifying refugees with medical conditions affecting
the public health and requiring treatment;
(C) ensure that state and local health officials at a resettlement des-
tination in the United States are notified promptly of the arrival of
each refugee and are provided with all applicable medical records; and
(D) provide for monitoring refugees referred to in clause (B) of this
paragraph to ensure that the refugees receive appropriate and timely
treatment.
(2) The Secretary of Health and Human Services shall monitor and as-
sess the quality of medical screening and related health services provided
to refugees waiting to be resettled in the United States.
339
§ 13105. Initial resettlement assistance grants and contracts
(a) GENERAL AUTHORITY.—(1) The Director of the Office of Refugee
Resettlement (or other officer if the President decides the Director should
not administer this subsection) may make grants to, and contracts with,
public agencies and private nonprofit organizations for the initial resettle-
ment (including the initial reception and placement with sponsors) of refu-
gees in the United States. A grant to, or contract with, a private nonprofit
voluntary organization shall be consistent with the objectives of this sub-
chapter, considering the different resettlement approaches and practices of
that organization. Assistance under this subsection shall be provided in co-
ordination with other assistance provided under this subchapter. The Fed-
eral administering agency shall use the criteria described in subsection (c)
of this section in awarding or renewing a grant or contract under this sec-
tion.
(2) An amount provided to an agency or organization under a grant or
contract may be obligated or expended only during the fiscal year in which
the amount is provided, or a subsequent fiscal period approved by the ad-
ministering agency or officer making the contract, to carry out this section.
(b) REQUIREMENTS.—(1) Each grant to, and contract with, an agency
or organization under subsection (a) of this section shall require that the
agency or organization—
(A) provide quarterly performance and financial status reports to the
administering agency;
(B) provide notice either directly or through its local affiliate—
(i) to the appropriate local welfare office when the agency or or-
ganization receiving the grant or contract becomes aware that a
refugee is offered employment; and
(ii) to the refugee that notice to the local welfare office has been
given;
(C) when requested by a local welfare office to which a refugee has
applied for cash assistance, provide documentation to that office about
cash or other resources provided directly by the agency or organization
receiving the grant or contract to the refugee under this section and
section 13104 of this title;
(D) ensure that, in the case of a refugee that the agency or organi-
zation receiving the grant or contract knows has been identified under
section 13104(c)(1)(B) of this title as having a medical condition af-
fecting the public health and requiring treatment, the refugee reports
to the appropriate health agency when the refugee resettles in an area;
(E) fulfill its responsibility to provide for the basic needs (including
food, clothing, shelter, and transportation for job interviews and train-
340
ing) of each refugee resettled, to develop and carry out a resettlement
plan (including the early employment of each refugee resettled), and to
monitor how the plan is being carried out; and
(F) submit to the administering agency an annual report on—
(i) the number of refugees placed (by county of placement) and
the expenditures made during the year covered by the report
under the grant or contract, including the proportion of the ex-
penditures used for administrative purposes and for providing
services;
(ii) the proportion of refugees that the agency or organization
receiving the grant or contract has placed in the prior year who
are receiving cash or medical assistance described in section 13108
of this title;
(iii) the efforts made by the agency or organization receiving the
grant or contract to monitor placement of refugees and the activi-
ties of local affiliates of the agency or organization;
(iv) the extent to which the agency or organization receiving the
grant or contract has coordinated its activities with local social
service providers in a way that avoids duplication of activities, has
provided notice to the local welfare offices as required under clause
(B)(i) of this paragraph, and has reported medical conditions of
certain aliens to local health departments as required under clause
(D) of this paragraph; and
(v) other information the administering agency considers is ap-
propriate in monitoring the effectiveness of the agency or organi-
zation receiving the grant or contract in carrying out its functions
under the grant or contract.
(2) The administering agency shall submit promptly to the Committees
on the Judiciary of the House of Representatives and the Senate a copy
of each report submitted under paragraph (1)(F) of this subsection.
(3) Paragraph (1) (A), (C), and (F) of this subsection applies to a grant
or contract made or renewed after December 5, 1986. Paragraph (1)(E) of
this subsection applies to a grant or contract made or renewed after May
5, 1987.
(c) PERFORMANCE CRITERIA.—The administering agency shall prescribe
criteria for the performance of each agency or organization in connection
with a grant or contract under subsection (a) of this section. The prescribed
criteria shall include criteria related to that agency’s or organization’s—
(1) efforts to reduce welfare dependency among refugees resettled by
the agency or organization;
341
(2) collection of travel loans made to refugees resettled by the agency
or organization for travel to the United States;
(3) arrangements for effective local sponsorship and other nonpublic
assistance for refugees resettled by the agency or organization;
(4) cooperation with refugee mutual assistance associations, local so-
cial service providers, health agencies, and welfare offices;
(5) compliance with guidelines established by the Director for placing
and resettling refugees in the United States; and
(6) compliance with other requirements contained in the grant or
contract, including requirements under subsection (b) of this section.
(d) MEDICAL SCREENING AND INITIAL MEDICAL TREATMENT.—The Di-
rector may make a grant to, or contract with, a state or local health agency
for payments to meet the agency’s costs of providing medical screening and
initial medical treatment to refugees.
§ 13106. Project grants and contracts for services
(a) SERVICE PROJECTS.—(1) The Director of the Office of Refugee Re-
settlement may make grants to, and contracts with, public agencies and pri-
vate nonprofit organizations for projects specifically designed—
(A) to assist refugees in obtaining skills necessary for economic self-
sufficiency, including projects for job training, employment services,
day care, and professional refresher training and other recertification
services;
(B) to provide instruction in English when necessary even when refu-
gees are employed or are receiving assistance; and
(C) to provide health (including mental health) services, social serv-
ices, and educational and other services when specific needs have been
shown and recognized by the Director.
(2) Amounts available in a fiscal year for grants and contracts under this
subsection shall be allocated among the States based on the total number
of refugees who—
(A) arrived in the United States within the 36 months before the be-
ginning of the fiscal year; and
(B) actually are residing in each State (taking into account second-
ary migration) at the beginning of the fiscal year.
(3) A limitation that the Director establishes on that part of amounts al-
located to a State under this subsection that the State may use for services
(except those services described in section 13101(2) of this title) does not
apply if the Director—
(A) receives a plan that has been established by or with the consulta-
tion of political subdivisions; and
342
(B) decides that the plan provides for the maximum appropriate em-
ployment services for, and the maximum placement of, employable refu-
gees consistent with the performance standards established under sec-
tion 106 of the Job Training Partnership Act (29 U.S.C. 1516).
(b) TARGETED ASSISTANCE PROJECT GRANTS.—(1) The Director may
make a grant to a State for assistance to a political subdivision in the State
that has a demonstrated specific need for additional available resources for
providing services to refugees because of factors such as—
(A) an unusually large refugee population (including secondary mi-
gration);
(B) high refugee concentrations; and
(C) high use of public assistance by refugees.
(2) The Director shall make a grant under this subsection—
(A) primarily to facilitate refugee employment and self-sufficiency;
and
(B) in a way that does not supplant amounts available under other
refugee programs and ensures that at least 95 percent of the amount
of the grant is made available to the political subdivision.
(c) MAINTAINING LEVEL OF MATCHING GRANT PROGRAM.—To the ex-
tent of available appropriations, the Director may not—
(1) reduce the maximum average contribution level of the Federal
Government for each refugee in the voluntary agency program, known
as the matching grant program and financed under subsection (a) of
this section, below the level in effect under the program for grants in
the fiscal year that ended September 30, 1985; or
(2) increase the percentage grantee matching requirement under the
program above the percentage in effect under the program for grants
in the fiscal year that ended September 30, 1985.
§ 13107. Assistance for refugee children
(a) SPECIAL EDUCATIONAL SERVICES.—Where a need is shown, the Sec-
retary of Education may make grants and contracts for projects to provide
special educational services (including instruction in English) to refugee
children in elementary and secondary schools.
(b) CHILD WELFARE SERVICES.—The Director of the Office of Refugee
Resettlement may provide assistance, reimburse States, and make grants to,
and contracts with, public agencies and private nonprofit organizations to
provide child welfare services (including foster care maintenance payments
and services and health care) to a refugee child during the 36-month period
that begins with the first month the child is in the United States. If a refu-
gee child is unaccompanied by a parent or other close adult relative (as de-
fined by the Director), those services may be provided until the month after
343
the child becomes 18 years of age (or a later age prescribed in the State’s
child welfare services plan under part B of title IV of the Social Security
Act (42 U.S.C. 620 et seq.) for the availability of those services to another
child in the State).
(c) PLACING UNACCOMPANIED CHILDREN.—(1) The Director shall try to
arrange, under the laws of the States, to place an unaccompanied refugee
child referred to in subsection (b) of this section who has been accepted for
admission to the United States. The Director shall make the arrangements
before or as soon as possible after the child arrives in the United States.
If necessary, the Director shall assume legal and financial responsibility for
the child during the period before the child is placed when the child is in
the United States or is in transit to the United States. The Director may
make necessary decisions to provide for the child’s immediate care.
(2) In carrying out this subsection, the Director may make contracts with
appropriate public agencies and private nonprofit organizations under condi-
tions the Director considers appropriate.
(3) The Director shall maintain a list of—
(A) all unaccompanied refugee children who have entered the United
States after April 1, 1975;
(B) the name and last known residence of each living parent of each
of those children at the child’s time of arrival; and
(C) the locations, status, and progress of the children.
§ 13108. Cash and medical assistance
(a) GENERAL AUTHORITY.—The Director of the Office of Refugee Reset-
tlement may provide assistance, reimburse States, and make grants to, and
contracts with, public agencies and private nonprofit organizations for 100
percent of the cash and medical assistance provided to a refugee during the
36-month period that begins with the first month the refugee enters the
United States. The Director also may pay for the identifiable and reason-
able administrative costs of providing the assistance.
(b) CONDITIONS AND LIMITATION.—(1) Except for good cause shown,
cash assistance may be provided to an employable refugee under this section
only if the refugee—
(A) registers with an appropriate entity providing employment serv-
ices described in section 13106(a)(1)(A) of this title, or, if such an en-
tity is not available, with an appropriate state or local employment
service;
(B) participates in an available and appropriate service or targeted
assistance project grant financed under section 13106 of this title pro-
viding job or language training in the area in which the refugee resides;
and
344
(C) accepts an appropriate offer of employment.
(2)(A) Cash assistance provided under this section shall be suspended for
any alien entering the United States as a refugee after March 31, 1987,
who refuses—
(i) an offer of employment that the public agency or private non-
profit organization providing initial resettlement assistance under sec-
tion 13105(a) of this title or the appropriate state or local employment
service decides is appropriate;
(ii) to go to a job interview that has been arranged through the
agency, organization, or employment service; or
(iii) to participate in a service or targeted assistance project grant
referred to in paragraph (1)(B) of this subsection that the agency, or-
ganization, or employment service decides is available and appropriate.
(B) The assistance shall be suspended for 3 months for the first refusal
and for 6 months for any subsequent refusal. The refugee shall be given
an opportunity for a hearing before cash assistance is suspended.
(3) A refugee who is a full-time student in an institution of higher edu-
cation, as defined by the Director after consultation with the Secretary of
Education, may not receive cash assistance.
(c) INSTRUCTION AND TRAINING FOR REFUGEES RECEIVING ASSIST-
ANCE.—The Director shall develop plans to provide instruction in English
and other appropriate services and training to a refugee receiving cash as-
sistance.
(d) LIMITATION ON USE OF AMOUNTS.—If a refugee is eligible for aid
or assistance under a state program financed under part A of title IV or
under title XIX of the Social Security Act (42 U.S.C. 601 et seq., 1396
et seq.) or for supplemental security income benefits (including state supple-
mentary payments) under the program established under title XVI of that
Act (42 U.S.C. 1381 et seq.), amounts to carry out this section may be used
only to pay the part of the aid or assistance not paid by the Federal Gov-
ernment under part A of title IV or under title XIX for cash and medical
assistance provided the refugee, and for state supplementary payments.
(e) MEDICAL ASSISTANCE FOR REFUGEES OTHERWISE INELIGIBLE.—
During the one-year period after a refugee enters the United States, the Di-
rector may authorize medical assistance of the kind provided under sub-
section (a) of this section to a refugee if—
(1) the refugee does not qualify for assistance under a state plan ap-
proved under title XIX of the Social Security Act (42 U.S.C. 1396 et
seq.) because of financial resources or income requirements of the plan;
and
(2) the Director decides that—
345
(A) providing the medical services will encourage economic self-
sufficiency or avoid a significant burden on state and local govern-
ments; and
(B) the refugee meets alternative financial resources and income
requirements the Director establishes.
(f) ALTERNATIVE ASSISTANCE PROJECTS.—(1) The Secretary of Health
and Human Services shall develop and carry out alternative projects for ref-
ugees who have been in the United States less than 36 months. The projects
shall provide refugees with interim support, medical services, support serv-
ices, and case-management services, as needed, in a way that encourages
self-sufficiency, reduces welfare dependency, and fosters greater coordina-
tion among public agencies and private nonprofit organizations providing re-
settlement assistance and service providers. The Secretary may provide an
alternative project to cover a specific group of refugees who have been in
the United States at least 36 months if the Secretary decides that—
(A) refugees in the group have been significantly and disproportion-
ately dependent on welfare;
(B) those refugees need the services provided under the project to
become self-sufficient; and
(C) including those refugees under the project would be cost-effec-
tive.
(2) A refugee in an alternative project may not receive cash or medical
assistance under another subsection of this section or under part A of title
IV or under title XIX of the Social Security Act (42 U.S.C. 601 et seq.,
1396 et seq.).
(3) Amounts authorized to be appropriated under section 13112 of this
title or part A of title IV or title XIX of the Social Security Act (42 U.S.C.
601 et seq., 1396 et seq.) may be used to carry out and evaluate alternative
projects under this subsection, to the extent the use of those amounts is
consistent with the purposes for which amounts are authorized to be appro-
priated.
(g) NOTIFICATION OF APPLICATION BY REFUGEE FOR ASSISTANCE.—As
a condition for an entity receiving assistance, reimbursement, or a contract
under this section, the entity must ensure that when a refugee applies for
cash or medical assistance for which assistance or reimbursement is pro-
vided under this section, the entity will notify promptly the public agency
or private nonprofit organization (or local affiliate of the organization) that
provided for the initial resettlement of the refugee under section 13105(a)
of this title that the refugee has applied for the assistance.
346
§ 13109. Administrative
(a) AUTHORITY OF THE DIRECTOR.—In providing assistance under this
subchapter, the Director of the Office of Refugee Resettlement, to the ex-
tent of available appropriations—
(1) shall make available sufficient resources for employment training
and placement to permit refugees to achieve economic self-sufficiency
as soon as possible;
(2) shall provide refugees with the opportunity to acquire sufficient
instruction in English to enable them to become resettled effectively as
quickly as possible;
(3) shall ensure that cash assistance is made available to refugees
as provided under section 13108(b) of this title in a way that will not
discourage economic self-sufficiency;
(4) shall ensure that women have the same opportunities as men to
participate in training and instruction;
(5) shall make a periodic assessment, based on refugee population
and other relevant factors, of the relative needs of refugees for assist-
ance and services under this subchapter and the resources available to
meet those needs;
(6) in allocating resources, shall avoid duplicating services and pro-
vide for maximum coordination among public agencies and private non-
profit organizations providing related services; and
(7) shall compile and maintain information on—
(A) the secondary migration of refugees in the United States;
and
(B) the proportion of refugees, by State of residence and nation-
ality, receiving cash or medical assistance described in section
13108 of this title.
(b) LIMITATION ON DELEGATION.—The Director may not delegate to a
state government or political subdivision authority to review or approve a
grant or contract under this subchapter or the terms under which a grant
or contract is made.
(c) NONDISCRIMINATION.—Assistance and services under this subchapter
shall be provided to refugees without regard to race, religion, nationality,
sex, or political opinion.
(d) CONSULTATION WITH STATE AND LOCAL GOVERNMENTS AND ORGA-
NIZATIONS.—(1) The Director and the Federal administering agency under
section 13105(a) of this title shall consult at least quarterly with state gov-
ernments, political subdivisions, and private nonprofit voluntary organiza-
tions on the sponsorship process and the intended distribution of refugees
347
among the States and political subdivisions before placing refugees in each
of the States and political subdivisions.
(2) In consultation with representatives of private nonprofit voluntary or-
ganizations, state governments, and political subdivisions, the Director shall
develop and carry out policies and strategies for placing and resettling refu-
gees in the United States. To the extent practicable and except under un-
usual circumstances the Director may recognize, the policies and strategies
shall—
(A) ensure that a refugee is not placed or resettled initially in an
area highly impacted (as decided under regulations prescribed by the
Director after consultation with private nonprofit voluntary organiza-
tions, state governments, and political subdivisions) by the presence of
refugees or comparable populations unless the refugee has a spouse,
parent, sibling, or child residing in that area;
(B) provide for a mechanism for representatives of local affiliates of
private nonprofit voluntary organizations to meet at least quarterly
with representatives of state governments and political subdivisions to
plan and coordinate, in advance of the arrival of the refugees, the ap-
propriate placement of the refugees among the States and political sub-
divisions; and
(C) consider—
(i) the proportion of refugees and comparable entrants in the
population in the area;
(ii) the availability of employment opportunities, affordable
housing, and public and private resources for refugees in the area,
including educational, health care, and mental health services;
(iii) the likelihood of refugees placed in the area becoming self-
sufficient and free from long-term dependence on public assist-
ance; and
(iv) the secondary migration of refugees to and from the area
that is likely to occur.
(3) To the maximum extent possible and consistent with the policies and
strategies developed under paragraph (2) of this subsection, the Federal ad-
ministering agency under section 13105(a) of this title shall consider the
recommendations of the State in deciding where to place refugees in that
State.
(4) In providing assistance to refugees, a state government or political
subdivision shall consider the recommendations of, and assistance provided
by, a public agency or private nonprofit organization receiving a grant or
contract under section 13105(a) of this title.
348
(e) REQUIREMENTS FOR GRANTS AND CONTRACTS.—A grant or contract
may be made under this subchapter only when an appropriate proposal and
application (that includes a description of the ability of a public agency or
private nonprofit organization to provide the services specified in the pro-
posal) are submitted to and approved by the appropriate administering offi-
cial. A grant shall be made to, or a contract shall be made with, a public
agency or private nonprofit organization that the administering official de-
cides can best provide the services. Payment under the grant or contract
may be made in advance or by reimbursement.
(f) STATE REQUIREMENTS.—To receive assistance under this subchapter,
a State—
(1) must submit to the Director a plan that—
(A) describes how the State plans to encourage effective refugee
resettlement and to promote economic self-sufficiency as quickly as
possible;
(B) describes how the State will ensure that instruction in Eng-
lish and employment services are made available to refugees re-
ceiving cash assistance;
(C) provides for the designation of a state officer or employee
to be responsible for ensuring coordination of public and private
resources in refugee resettlement;
(D) provides for the care and supervision of, and legal respon-
sibility for, unaccompanied refugee children in the State; and
(E) provides for identifying refugees who at the time of resettle-
ment in the State have medical conditions requiring, or medical
histories indicating a need for, treatment or observation and pro-
vides necessary monitoring of the treatment or observation;
(2) must meet standards, goals, and priorities developed by the Di-
rector that—
(A) ensure effective resettlement of refugees;
(B) promote economic self-sufficiency of refugees as quickly as
possible; and
(C) provide that services are provided efficiently; and
(3) within a reasonable time after the end of each fiscal year, must
submit to the Director a report on the uses of amounts provided under
this subchapter for which the State is responsible for administering.
(g) AUTHORITY TO MAKE LOANS AND ACCEPT GIFTS.—In carrying out
this subchapter, each appropriate administering official may—
(1) make loans; and
(2) accept and use money, property, and services made available by
gift, devise, bequest, grant, or otherwise to carry out this subchapter.
349
(h) SYSTEM TO MONITOR ASSISTANCE.—The Secretary of Health and
Human Services, together with the Secretary of State in carrying out sec-
tions 13104 and 13105 of this title, shall maintain a system of monitoring
assistance provided under this subchapter. The system shall include—
(1) evaluations of the effectiveness of the programs and projects car-
ried out under this subchapter and the performance of States, grantees,
and contractors;
(2) financial audits and other appropriate monitoring to detect
fraud, abuse, and mismanagement in operating the programs and
projects; and
(3) information collection on services provided and results achieved.
(i) INFORMATION PROVIDED BY REFUGEES.—The Attorney General shall
provide the Director with information provided by refugees with their appli-
cations for adjustment of status. The Director shall compile, summarize,
and evaluate the information.
§ 13110. Annual reports
The Secretary of Health and Human Services shall submit a report to
the Committees on the Judiciary of the House of Representatives and the
Senate not later than each January 31 on activities under this subchapter
for the prior fiscal year. Each report shall include—
(1) a current profile of the employment and labor force statistics for
refugees who entered the United States under this title—
(A) during the 5 fiscal years immediately before the fiscal year
in which the report is submitted; and
(B) before that 5-year period and who have been significantly
and disproportionately dependent on welfare;
(2) a description of the extent to which refugees received each kind
of assistance and service under this subchapter during the 5 fiscal
years immediately before the fiscal year in which the report is submit-
ted;
(3) a description of the geographic locations of refugees;
(4) a summary of the results of the monitoring conducted under sec-
tion 13109(h) of this title for the fiscal year;
(5) a description of—
(A) the activities, expenditures, and policies of the Office of Ref-
ugee Resettlement under this subchapter;
(B) the activities of States, voluntary organizations, and spon-
sors of refugees under this subchapter; and
(C) plans of the Director of the Office of Refugee Resettlement
for improving refugee resettlement;
(6) evaluations of the extent to which—
350
(A) services provided under this subchapter are assisting refu-
gees in achieving economic self-sufficiency, ability in English, and
employment commensurate with their skills and abilities; and
(B) fraud, abuse, and mismanagement have been reported in
providing assistance or services;
(7) a description of the assistance provided under section 13108(e)
of this title;
(8) a summary of the locations and status of unaccompanied refugee
children admitted to the United States; and
(9) a summary of the information compiled and evaluated under sec-
tion 13109(i) of this title.
§ 13111. Limitations
(a) CONSOLIDATED GRANTS PROHIBITED.—Amounts made available to a
State or political subdivision to carry out this subchapter (except section
13105(a) of this title) may not be in the form of a block grant, per capita
grant, or similar consolidated grant. Amounts shall be made available under
separate grants or contracts for—
(1) medical screening and initial medical treatment for refugees
under section 13105(d) of this title;
(2) service projects for refugees under section 13106(a) of this title;
(3) targeted assistance project grants under section 13106(b) of this
title; and
(4) assistance for refugee children under section 13107(b) and (c)
of this title.
(b) CONTRACTS.—A contract made under this subchapter is effective only
to the extent and in the amount provided in advance by an appropriation
law.
§ 13112. Authorization of appropriations
Amounts necessary to carry out this subchapter and section 13701 of this
title may be appropriated for the fiscal year ending September 30, 1997.
SUBCHAPTER II—EDUCATION ASSISTANCE
§ 13131. Definitions
In this subchapter—
(1) ‘‘elementary school’’, ‘‘local educational agency’’, ‘‘secondary
school’’, ‘‘State’’, and ‘‘state educational agency’’ have the same mean-
ings given those terms in section 14101 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 8801).
(2) ‘‘elementary or secondary nonpublic school’’ means a school—
(A) complying with the compulsory education laws of the State
in which it is located; and
351
(B) exempt from taxation under section 501(c)(3) of the Inter-
nal Revenue Code of 1986 (26 U.S.C. 501(c)(3)).
(3) ‘‘eligible participant’’ means an alien—
(A) during the 36-month period that begins with the first month
the alien entered the United States, who—
(i) has been admitted to the United States as a refugee
under section 5105 of this title;
(ii) has been paroled into the United States as a refugee
under section 6121 of this title; or
(iii) has fled from the alien’s country of origin and, under
an executive order, has been allowed to enter and remain in
the United States indefinitely for humanitarian reasons;
(B) during the 36-month period that begins with the month the
alien began applying for asylum, who is applying for, or has been
granted, asylum in the United States; or
(C) during the 36-month period that begins with the first month
the alien entered the United States as a Cuban-Haitian entrant
or otherwise became a Cuban-Haitian entrant, who entered the
United States after October 31, 1979, and is in the United States
classified as a Cuban-Haitian entrant.
§ 13132. Basic educational services grants
(a) GRANTS.—The Secretary of Education shall make a grant to each
state educational agency for each fiscal year to assist local educational agen-
cies of the State in providing basic educational services for eligible partici-
pants enrolled in the elementary and secondary public schools under the ju-
risdiction of the local educational agencies of the State. The state edu-
cational agency may use the grant only as provided in its application ap-
proved under section 13135(b) of this title.
(b) APPLICATIONS.—To receive a grant under this section, the state edu-
cational agency must submit an application to the Secretary. In the applica-
tion, the state educational agency must—
(1) agree that payments under the grant will be used as provided
in subsection (a) of this section;
(2) agree to ensure that those payments will be allocated among the
local educational agencies in the State using the same formula and re-
ductions for the local educational agencies as the Secretary is required
to use in making allocations to state educational agencies under sub-
section (d) of this section;
(3) specify the amounts referred to in subsection (d) of this section
that are made available under other laws of the United States for ex-
penditure in the State for the same purpose for which an amount is
352
made available under this section and the local educational agencies to
which those amounts are available; and
(4) comply with section 13135(a) of this title.
(c) PRESCRIBING GRANT FORMULA.—As soon as possible, the Secretary
shall prescribe a formula to be used in determining the amount of the grant
to which each state educational agency (except the agencies for American
Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, the Federated States of Micronesia, and
the Virgin Islands) is entitled under this section for a fiscal year. The for-
mula shall be based on the full amount authorized under section 13139(b)
of this title. In prescribing the formula, the Secretary—
(1) shall consider—
(A) the number of years each eligible participant assisted under
this section has resided in the United States; and
(B) the relative costs, by grade level, of educating elementary
and secondary school children; and
(2) shall provide that amounts be allocated without regard to dif-
ferences in educational costs among different geographical areas.
(d) ALLOCATIONS.—The Secretary shall allocate the amount appropriated
to carry out this section for a fiscal year among the state educational agen-
cies (except the agencies for American Samoa, Guam, the Northern Mariana
Islands, the Republic of Palau, the Republic of the Marshall Islands, the
Federated States of Micronesia, and the Virgin Islands). Except as provided
in section 13136 of this title, the amount of the grant to which an agency
is entitled under this section for a fiscal year is equal to the amount allo-
cated to it under the formula, reduced by the amounts available for that
fiscal year under other laws of the United States for expenditure in the
State for the same purpose for which an amount is made available under
this section. However, the reduction shall be made only to the extent the
amounts are available under the other laws—
(1) for that purpose specifically because the individuals served by the
amounts have refugee, parolee, or asylum status; and
(2) to assist individuals eligible for services under this section.
(e) GRANT
AMOUNTS
FOR
TERRITORIES
AND
POSSESSIONS.—The
amounts of the grants to which the state educational agencies of American
Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, the Federated States of Micronesia, and
the Virgin Islands are entitled under this section are the amounts the Sec-
retary determines they need based on criteria the Secretary prescribes. The
total amount of those grants for a period may not be more than one percent
of the amount authorized to be appropriated to carry out this section during
353
the period. If the total of the amounts the Secretary determines those agen-
cies need is more than one percent, the amount of the grant to each of those
agencies is reduced proportionately so that the total is not more than one
percent.
§ 13133. Supplementary educational services grants
(a) DEFINITIONS.—In this section—
(1) ‘‘enrolled eligible participant in the State’’ means an eligible par-
ticipant enrolled in an elementary or secondary public school under the
jurisdiction of a qualified local educational agency in the State or in
an elementary or secondary nonpublic school in the district served by
a qualified local educational agency in the State.
(2) ‘‘qualified local educational agency’’ means a local educational
agency that during the fiscal year for which a grant is to be made
under this section, has enrolled in the elementary and secondary public
schools under its jurisdiction and in the elementary and secondary non-
public schools in the district it serves a number of eligible participants
receiving supplementary educational services during the fiscal year at
least equal to the lesser of—
(A) 500; or
(B) 5 percent of the total number of students enrolled in those
public or nonpublic schools during that fiscal year.
(b) GENERAL AUTHORITY.—(1) The Secretary of Education shall make
a grant, as provided in this subchapter, to each state educational agency
for each fiscal year to provide supplementary educational services for en-
rolled eligible participants in the State. Those services include—
(A) services necessary to enable eligible participants to perform satis-
factorily, including—
(i) instruction in English;
(ii) other bilingual educational services; and
(iii) special materials and supplies;
(B) additional basic instructional services directly attributable to the
presence of eligible participants in the school districts, including—
(i) additional classroom supplies;
(ii) overhead;
(iii) construction;
(iv) acquiring or renting space; and
(v) transportation; and
(C) special inservice training of personnel who will provide the in-
structional services described in clauses (A) and (B) of this paragraph.
(2) The state educational agency may use the grant only as provided in
its application as approved under section 13135(b) of this title.
354
(c) APPLICATIONS.—To receive a grant under this section, a state edu-
cational agency must submit an application to the Secretary. In the applica-
tion, the state educational agency must—
(1) agree to administer, or supervise the administration of, the edu-
cational programs, services, and activities paid for under this section;
(2) agree to ensure that payments under the grant will be used as
provided in subsection (b) of this section;
(3) agree to ensure that those payments will be allocated among the
local educational agencies in the State using the same formula and re-
ductions for the local educational agencies as the Secretary is required
to use in making allocations to state educational agencies under sub-
section (d) of this section;
(4) specify the amounts referred to in subsection (d)(2) of this sec-
tion that are made available under other laws of the United States to
agencies or other entities for educational or education-related services
or activities in the State because of a significant concentration of eligi-
ble participants and the local educational agencies that have jurisdic-
tion over elementary and secondary public schools, or that serve ele-
mentary and secondary nonpublic schools, in which are enrolled eligible
participants who receive services paid for by those amounts;
(5) agree to ensure the Secretary that—
(A) to the extent consistent with the number of eligible partici-
pants enrolled in elementary and secondary nonpublic schools in
the district served by a local educational agency, the local edu-
cational agency, after consulting with the appropriate officials of
the schools, will provide secular, neutral, and nonideological mate-
rials, equipment, and services necessary to educate those eligible
participants;
(B) a public agency will—
(i) administer the amounts provided under this section for
the materials, equipment, and services referred to in sub-
clause (A) of this clause; and
(ii) own and administer property that is repaired, remod-
eled, or constructed with those amounts;
(C) those amounts will not be commingled with state or local
money; and
(D) a public agency will provide to each of those elementary or
secondary nonpublic schools the services referred to in subclause
(A) of this clause through—
(i) officers and employees under the control of the agency;
or
355
(ii) a contract with a person or agency that is under the
control of the public agency and, when providing the services,
is independent of the school and of any religious organization;
and
(6) comply with section 13135(a) of this title.
(d) ALLOCATIONS.—(1) The Secretary shall allocate the amount appro-
priated to carry out this section for a fiscal year among the state edu-
cational agencies (except the agencies for American Samoa, Guam, the
Northern Mariana Islands, the Republic of Palau, the Republic of the Mar-
shall Islands, the Federated States of Micronesia, and the Virgin Islands).
Except as provided in this section and section 13136 of this title, the
amount of the grant to which an agency is entitled under this section for
a fiscal year is equal to the sum of—
(A) the product of—
(i) the number of aliens who are enrolled eligible participants
in the State, during the period for which the determination of that
number is made, and who have been eligible participants less than
one year; multiplied by
(ii) $700;
(B) the product of—
(i) the number of aliens who are enrolled eligible participants
in the State, during the period for which the determination is
made, and who have been eligible participants at least one year
but not more than 2 years; multiplied by
(ii) $500; and
(C) the product of—
(i) the number of aliens who are enrolled eligible participants
in the State, during the period for which the determination is
made, and who have been eligible participants more than 2 years
but not more than 3 years; multiplied by
(ii) $300.
(2) If amounts are available for a fiscal year under other laws of the
United States to agencies or other entities for educational or education-re-
lated services or activities in the State because of a significant concentration
of eligible participants, the amount of the grant under paragraph (1) of this
subsection for that fiscal year is reduced by those amounts.
(e) REALLOCATION OF UNUSED AMOUNTS.—When the Secretary deter-
mines that a part of a payment made to a state educational agency under
this section for a fiscal year will not be used by the agency to carry out
the purpose for which the payment was made, the Secretary shall make that
part available to another state educational agency to the extent the Sec-
356
retary decides the other agency can use the additional amount to carry out
the purpose. An amount made available under this subsection to a state
educational agency from an appropriation for a fiscal year is deemed in this
section to be a part of the grant (as determined under subsection (d) of
this section) to that agency for that fiscal year, and remains available until
the end of the next fiscal year.
(f) GRANT
AMOUNTS
FOR
TERRITORIES
AND
POSSESSIONS.—The
amounts of the grants to which the state educational agencies of American
Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, the Federated States of Micronesia, and
the Virgin Islands are entitled under this section are the amounts the Sec-
retary determines they need based on criteria the Secretary prescribes. The
total amount of those grants for a period may not be more than one percent
of the amount authorized to be appropriated to carry out this section during
the period. If the total of the amounts the Secretary determines those agen-
cies need is more than one percent, the amount of the grant to each of those
agencies is reduced proportionately so that the total is not more than one
percent.
(g) PROVIDING ASSISTANCE
TO NONPUBLIC SCHOOLS WHEN STATE
DOES NOT.—If a State is prohibited by law from providing materials,
equipment, and services for children enrolled in elementary and secondary
nonpublic schools as required by subsection (c)(5) of this section, or if the
Secretary decides that a local educational agency has failed substantially to
or will not provide for the participation on an equitable basis of eligible par-
ticipants enrolled in those schools, the Secretary—
(1) may waive the requirements of subsection (c)(5) of this section;
and
(2) subject to the other requirements of this subchapter, shall ar-
range that materials, equipment, and services be provided for those eli-
gible participants.
§ 13134. Adult education program grants
(a) GENERAL AUTHORITY.—(1) The Secretary of Education shall make
a grant, as provided in this subchapter, to each state educational agency
for each fiscal year to be used to provide adult education programs to eligi-
ble participants at least 16 years of age in need of the services and not en-
rolled in an elementary or secondary public school under the jurisdiction of
a local educational agency. The grant may be used for—
(A) programs of instruction—
(i) to teach the eligible participants basic reading and mathe-
matics;
357
(ii) to develop and enhance skills needed by the eligible partici-
pants; and
(iii) to promote literacy among the eligible participants;
(B) administrative costs of planning and operating the programs re-
ferred to in clause (A) of this paragraph;
(C) educational support services needed by the eligible participants,
including services to guide and counsel the eligible participants about
educational, career, and employment opportunities; and
(D) special projects designed to operate with existing programs and
activities that develop occupational and related skills, particularly pro-
grams authorized under the Job Training Partnership Act (29 U.S.C.
1501 et seq.) or the Carl D. Perkins Vocational and Applied Tech-
nology Education Act (20 U.S.C. 2301 et seq.).
(2) The state educational agency may use the grant only as provided in
its application as approved under section 13135(b) of this title.
(b) APPLICATIONS.—To receive a grant under this section, the state edu-
cational agency must submit an application to the Secretary. In the applica-
tion, the state educational agency must—
(1) agree that payments under the grant will be used as provided
in subsection (a) of this section;
(2) agree to make periodic reports to the Secretary evaluating the
effectiveness of those payments;
(3) specify the amounts referred to in subsection (c)(2) of this sec-
tion that are made available under other laws of the United States for
expenditure in the State for the same purpose for which an amount is
made available under this section; and
(4) comply with section 13135(a) of this title.
(c) ALLOCATIONS.—(1) The Secretary shall allocate the amount appro-
priated to carry out this section for a fiscal year among the state edu-
cational agencies (except the agencies for American Samoa, Guam, the
Northern Mariana Islands, the Republic of Palau, the Republic of the Mar-
shall Islands, the Federated States of Micronesia, and the Virgin Islands).
Except as provided in paragraph (2) of this subsection and section 13136
of this title, the amount of the grant to which an agency is entitled under
this section for a fiscal year is equal to the product of—
(A) the number of eligible participants at least 16 years of age who,
during the period for which the determination of that number is made,
are enrolled in programs of instruction described in subsection
(a)(1)(A) of this section and offered in the State, but who are not en-
rolled in elementary and secondary public schools under the jurisdiction
of local educational agencies; multiplied by
358
(B) $300.
(2) If amounts are available for a fiscal year under other laws of the
United States for expenditure in the State for the same purpose for which
an amount is made available under this section, the amount of the grant
under paragraph (1) of this subsection for that fiscal year is reduced by
those amounts. However, the reduction is made only to the extent the
amounts are available under the other laws—
(A) for that purpose specifically because the individuals served by the
amounts have refugee, parolee, or asylum status; and
(B) to assist individuals eligible for services under this section.
(d) METHODS OF PROVIDING PROGRAMS.—(1) A state educational agen-
cy may provide adult education programs directly or may make grants to,
or contracts with, local educational agencies, public agencies, and private
nonprofit organizations to provide the programs. The state educational
agency shall review an application for a grant or contract under this sub-
section in a way that is consistent with the purposes of section 381 of the
Adult Education Act (20 U.S.C. 1213).
(2) The state educational agency shall use the grant it receives under this
section in a way that enables the maximum number of eligible participants
at least 16 years of age residing in the State to receive education under
the programs of instruction described in subsection (a)(1)(A) of this section.
(e) GRANT
AMOUNTS
FOR
TERRITORIES
AND
POSSESSIONS.—The
amounts of the grants to which the state educational agencies of American
Samoa, Guam, the Northern Mariana Islands, the Republic of Palau, the
Republic of the Marshall Islands, the Federated States of Micronesia, and
the Virgin Islands are entitled under this section are the amounts the Sec-
retary determines they need based on criteria the Secretary prescribes. The
total amount of those grants for a period may not be more than one percent
of the amount authorized to be appropriated to carry out this section during
the period. If the total of the amounts the Secretary determines those agen-
cies need is more than one percent, the amount of the grant to each of those
agencies is reduced proportionately so that the total is not more than one
percent.
§ 13135. Applications
(a) REQUIREMENTS.—(1) In its application for a grant under this sub-
chapter, a state educational agency must agree—
(A) to ensure that it will not disapprove finally any part of a local
educational agency’s application for an amount of a grant to the state
educational agency under section 13132, 13133, or 13134 of this title
without giving the local educational agency reasonable notice and op-
portunity for a hearing; and
359
(B) to make reports the Secretary of Education reasonably requires
to carry out this subchapter.
(2) The state educational agency must submit an application at the time,
in the way, and containing or accompanied by information, the Secretary
requires.
(b) APPROVAL.—The Secretary shall approve an application meeting the
requirements of this section and section 13132, 13133, or 13134 of this
title, as the case may be. The Secretary may not disapprove finally an appli-
cation without giving the applicant reasonable notice and opportunity for a
hearing on the record.
§ 13136. Use of estimated information and consultation with
other agencies
(a) USE OF ESTIMATES.—When actual satisfactory information is not
available, the Secretary of Education shall use estimates to determine for
any period the number of eligible participants and the amount of a reduc-
tion required under section 13132(d), 13133(d)(2), or 13134(c)(2) of this
title. A determination based on an overestimate or underestimate may not
deprive a state educational agency of any part of the amount the agency
would be entitled to receive under this subchapter if the determination were
based on accurate information.
(b) CONSULTATION WITH OTHER AGENCIES.—To the extent it will make
it easier to determine the amount of a reduction required under section
13132(d), 13133(d)(2), or 13134(c)(2) of this title, the Secretary shall con-
sult with the heads of other agencies providing assistance to eligible partici-
pants—
(1) to obtain information about the amounts those agencies disburse
for educational purposes under programs the agency heads administer;
and
(2) when feasible, to coordinate the programs those agency heads ad-
minister and the programs under this subchapter.
§ 13137. State administrative costs
The Secretary of Education may pay each state educational agency an
amount equal to the amount the agency expends in carrying out its duties
and powers properly and efficiently under this subchapter. However, the
total payments for a period may not be more than 2 percent of the amount
the agency receives for the period under this subchapter.
§ 13138. Withholding payments
(a) AUTHORITY TO WITHHOLD.—When the Secretary of Education de-
cides that a state educational agency receiving payments under section
13132, 13133, or 13134 of this title, or a local educational agency or other
entity receiving payments from the state educational agency under section
360
13134, is not complying with a requirement of this subchapter that applies
to the section, the Secretary, until satisfied that there is no longer a failure
to comply—
(1) shall stop making payments to the state educational agency
under section 13132, 13133, or 13134 of this title; or
(2) may prohibit the state educational agency from making payments
under section 13134 of this title to the local educational agency or
other entity that is causing, or involved in, the failure.
(b) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary—
(1) may act under subsection (a) of this section only after giving the
state educational agency reasonable notice and opportunity for a hear-
ing; and
(2) shall notify the state educational agency of the action the Sec-
retary is taking under subsection (a) of this section.
§ 13139. Authorization of appropriations and allocation of
total amount appropriated
(a) GENERAL AUTHORIZATION OF APPROPRIATIONS.—Amounts necessary
to make grants to each state educational agency under this subchapter and
to pay for administrative costs under section 13137 of this title may be ap-
propriated for the fiscal year ending September 30, 19ll. The amounts
shall be appropriated in a lump sum for all programs under this subchapter.
(b) AUTHORIZATION
OF APPROPRIATIONS
FOR BASIC PUBLIC EDU-
CATIONAL SERVICES GRANTS.—To make grants to state educational agen-
cies in the way provided under this section, an amount may be appropriated
under subsection (a) of this section for each fiscal year equal to the product
of—
(1) the number of eligible participants enrolled in elementary or sec-
ondary public schools under the jurisdiction of local educational agen-
cies in all States (except American Samoa, Guam, the Northern Mari-
ana Islands, the Republic of Palau, the Republic of the Marshall Is-
lands, the Federated States of Micronesia, and the Virgin Islands) dur-
ing the fiscal year for which the determination of that number is made;
multiplied by
(2) $400.
(c) ALLOCATIONS OF APPROPRIATIONS.—(1) If the amounts appropriated
for a fiscal year to make grants under this subchapter are not enough to
pay the total amount of the grants to which state educational agencies are
entitled under sections 13132–13134 of this title for the fiscal year, the al-
location to each agency under each of those sections shall be ratably reduced
so that the total of the allocations is not more than the amounts appro-
priated.
361
(2) Allocations reduced under paragraph (1) of this subsection shall be
increased on the same basis that they were reduced if amounts later become
available to make grants under this subchapter for the period.
SUBCHAPTER III—CUBAN AND HAITIAN ENTRANTS
§ 13151. Definition
In this subchapter, ‘‘Cuban or Haitian entrant’’ means—
(1) an alien granted parole status as a Cuban/Haitian Entrant (Sta-
tus Pending) or granted another special status later established under
law for nationals of Cuba or Haiti, without regard to the status of the
alien when assistance is provided under this subchapter; and
(2) any other national of Cuba or Haiti—
(A)(i) paroled into the United States who has not acquired an-
other status under this title;
(ii) who is the subject of removal proceedings under this title;
or
(iii) having an application for asylum pending before the Attor-
ney General; and
(B) about whom a final, nonappealable, and legally enforceable
removal order has not been entered.
§ 13152. Presidential authority
The President has the same duties and powers related to a Cuban or Hai-
tian entrant as the duties and powers vested under subchapter I of this
chapter. Those duties and powers apply to assistance and services provided
to a Cuban or Haitian entrant at any time after the entrant’s arrival in
the United States, including periods before October 10, 1980. The President
may provide by regulation that benefits granted under a law of the United
States (except this title) to an individual admitted to the United States
under section 5105 of this title shall be provided in the same way and to
the same extent to a Cuban or Haitian entrant.
§ 13153. General assistance
(a) TYPES OF ASSISTANCE.—Under the direction of the President, any
agency may provide assistance (including materials, supplies, equipment,
work, services, or facilities) for the processing, care, security, transportation,
and initial reception and placement in the United States of a Cuban or Hai-
tian entrant on terms the President prescribes. The President may direct
the head of a federal department, agency, or instrumentality to detail per-
sonnel (on a reimbursable or nonreimbursable basis) for temporary duty
with another federal department, agency, or instrumentality that the Presi-
dent has directed to supervise or manage assistance under this section.
(b) REIMBURSEMENT.—Amounts to carry out this section—
362
(1) shall be used to reimburse state governments and political sub-
divisions for expenses incurred in providing assistance under subsection
(a) of this section; and
(2) may be used to reimburse a federal department, agency, or in-
strumentality providing assistance under subsection (a) of this section.
(c) APPLICATION
OF
NATIONAL
ENVIRONMENTAL
POLICY
ACT
OF
1969.—The carrying out of a duty or power under this section is not a
major action of the Federal Government significantly affecting the quality
of the human environment under the National Environmental Policy Act of
1969 (42 U.S.C. 4321 et seq.).
(d) AVAILABILITY OF APPROPRIATIONS.—Amounts—
(1) appropriated under section 13112 of this title are available to
carry out this subchapter; and
(2) available to carry out this subchapter remain available until ex-
pended.
CHAPTER 133—INTERNATIONAL PARTICIPATION AND
EMERGENCY ASSISTANCE
Sec.
13301.
Participation in International Organization for Migration.
13302.
Contributions to international organizations.
13303.
Assistance to further foreign policy interests.
13304.
Assistance to refugee women and children.
13305.
Assistance for unexpected urgent needs.
13306.
Allocation, transfer, availability, and accounting of amounts.
13307.
Audits.
13308.
Administrative.
§ 13301. Participation in International Organization for Mi-
gration
The President may continue United States membership in the Inter-
national Organization for Migration. To assist in the movement of refugees
and migrants and to enhance the economic progress of the developing coun-
tries by providing for a coordinated supply of a selected labor force,
amounts necessary to pay for the Federal Government’s contribution to the
Organization and necessary salaries and expenses incident to the Govern-
ment’s participation in the Organization may be appropriated.
§ 13302. Contributions to international organizations
The President may make contributions to—
(1) the activities of the United Nations High Commissioner for Refu-
gees for assistance to or for refugees and other persons assisted by the
Commissioner;
(2) the International Organization for Migration;
(3) the International Committee of the Red Cross for assistance to
or for refugees; and
363
(4) other international organizations for assistance to or for refu-
gees.
§ 13303. Assistance to further foreign policy interests
The President may provide assistance to or for refugees outside the Unit-
ed States designated by the President when the President decides that the
assistance will contribute to the foreign policy interests of the United
States. The President shall designate the refugees by class, group, countries
of origin, or areas of residence.
§ 13304. Assistance to refugee women and children
(a) STANDARDS.—(1) In providing for overseas assistance and protection
of refugees and displaced persons, the Federal Government shall seek to ad-
dress the protection and provision of basic needs of women and children who
represent 80 percent of the world’s refugee population.
(2) In accordance with the 1991 United Nations High Commissioner for
Refugees Guidelines on the Protection of Refugee Women, the Secretary of
State, working directly, through international organizations, or through non-
governmental voluntary organizations, shall seek to ensure that—
(A) the United Nations and relief organizations pay specific atten-
tion to recruiting and hiring female protection officers;
(B) gender awareness training is carried out for security personnel
and other field staff;
(C) refugee women and children are protected from violence and
abuse by governments or insurgent groups;
(D) women refugees are fully involved in planning and carrying
out—
(i) the delivery of services and assistance; and
(ii) the repatriation process;
(E) education on and access to services in reproductive health, birth
spacing, and other maternal and child health needs are incorporated
into refugee health services and education;
(F) victims of rape, domestic violence, and other violence and abuse
have available to them—
(i) protective services;
(ii) grievance processes; and
(iii) counseling and other services;
(G) educational programs are provided to refugee women, with spe-
cial emphasis on female heads of households, in—
(i) literacy and numeracy;
(ii) vocational and income generating skills; and
(iii) other training to promote self-sufficiency;
364
(H) all refugee children receive education, ensuring equal access for
girls, and that family tracing and other special services are provided
for unaccompanied refugee minors;
(I) information clearly enumerating age and gender be collected so
that appropriate health, education, and assistance programs can be
planned;
(J) more women program professionals are recruited, hired, and
trained in the international humanitarian field; and
(K) training is provided to program staff of the Commissioner and
nongovernmental voluntary organizations on gender-awareness and car-
rying out the Guidelines.
(b) PROCEDURES.—The Secretary should adopt specific procedures to en-
sure that all recipients of Government amounts for refugee and migration
assistance carry out the standards outlined in subsection (a) of this section.
(c) REQUIREMENTS FOR REFUGEE AND MIGRATION ASSISTANCE.—In
providing refugee and migration assistance, the Secretary should support
the protection efforts of this section by raising at the highest levels of gov-
ernment the issue of abuses against refugee women and children by govern-
ments or insurgent groups that engage in, allow, or condone—
(1) a pattern of gross violations of internationally recognized human
rights, such as torture or cruel, inhumane, or degrading treatment or
punishment, prolonged detention without charges, or other flagrant de-
nial to life, liberty, and bodily security;
(2) the blockage of humanitarian relief assistance;
(3) gender-specific persecution such as systematic individual or mass
rape, forced pregnancy, forced abortion, enforced prostitution, or any
form of indecent assault or act of violence against refugee women, girls,
and children; or
(4) continuing violations of bodily integrity against refugee women
and children by armed insurgents, local security forces, or camp
guards.
(d) INVESTIGATION
OF REPORTS.—On receipt of credible reports of
abuses under subsection (c) of this section, the Secretary should—
(1) investigate the reports immediately through emergency fact-find-
ing missions or other means; and
(2) help identify appropriate remedial measures.
(e) MULTINATIONAL IMPLEMENTATION OF THE GUIDELINES.—The Sec-
retary should work to—
(1) ensure that multilateral organizations completely incorporate the
needs of refugee women and children into all elements of refugee assist-
ance programs; and
365
(2) encourage other governments providing refugee assistance to
adopt policies designed to encourage that the Guidelines be carried out
completely.
§ 13305. Assistance for unexpected urgent needs
(a) GENERAL AUTHORITY.—The President may provide assistance to
meet unexpected urgent refugee and migration needs on terms the President
prescribes when the President decides the assistance is important to the in-
terests of the United States.
(b) UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSIST-
ANCE FUND.—There is a United States Emergency Refugee and Migration
Assistance Fund to carry out this section. Amounts necessary for the Fund
may be appropriated to the President. However, an amount may not be ap-
propriated that, when added to amounts previously appropriated and not ob-
ligated, would cause the total amount in the Fund to be more than
$100,000,000. Amounts appropriated remain available until expended.
(c) JUSTIFICATION OF APPROPRIATIONS.—When the President requests
an appropriation under this section, the President shall justify the request
to the Committee on Foreign Relations of the Senate, the Speaker of the
House of Representatives, and the Committees on Appropriations of the
Senate and House of Representatives.
§ 13306. Allocation, transfer, availability, and accounting of
amounts
(a) ALLOCATION AND TRANSFER.—The President may allocate or trans-
fer to a federal department, agency, or instrumentality an amount available
to carry out this chapter. The amount is available for obligation and ex-
penditure for the purpose for which the amount originally was made avail-
able under this chapter or under authority governing the activities of the
federal department, agency, or instrumentality to which the amount was al-
located or transferred. An amount allocated or transferred may be carried
in a separate appropriation account of the Treasury.
(b) PURPOSES FOR WHICH AMOUNTS ARE AVAILABLE.—(1) An amount
made available under this chapter may be used for—
(A) pay, allowances, and travel of personnel, including members of
the Foreign Service whose services are used primarily in carrying out
this chapter, without regard to any other law, that may be necessary
to carry out this chapter;
(B) printing and binding, expenditure outside the United States for
supplies and services, and administrative and operating purposes except
pay, without regard to a law or regulation governing the obligation and
expenditure of amounts of the Government, that may be necessary to
carry out this chapter;
366
(C) employment and assignment of members of the Foreign Service
serving under limited appointments when carrying out this chapter;
(D) the exchange of amounts without regard to loss by exchanges;
(E) making contracts for personal services outside the United States;
(F) expenses authorized by the Foreign Service Act of 1980 (22
U.S.C. 3901 et seq.) not otherwise provided for;
(G) expenses authorized by the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2651a, 2669 et seq.); and
(H) other expenses the President decides are necessary to carry out
this chapter.
(2) An individual employed by contract with amounts made available
under paragraph (1)(E) of this subsection is not an employee of the Govern-
ment under any law carried out by the Director of the Office of Personnel
Management. However, the Secretary of State may apply to that individ-
ual—
(A) section 2(f) of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2669(f)); and
(B) any other law carried out by the Secretary as that law is related
to employment of individuals by contract to perform personal services
outside the United States.
(3) An individual receiving amounts under this section may provide ad-
ministrative assistance to personnel assigned to a bureau charged with car-
rying out this chapter.
§ 13307. Audits
Amounts may be made available under this chapter or any other law to
the United Nations High Commissioner for Refugees only if—
(1) an annual program audit will be conducted to determine the use
of those amounts, including the use by implementing partners; and
(2) the audit will be made available through the Secretary of State
for inspection by the Comptroller General.
§ 13308. Administrative
(a) AUTHORITY OF THE PRESIDENT.—To carry out this chapter, the
President may—
(1) make loans, advances, and grants to, and agreements with, a
person, government or government agency in or outside the United
States, and international and intergovernmental organizations;
(2) accept and use money, property, and services made available to
carry out this chapter; and
(3) provide assistance and make contributions, notwithstanding an-
other provision of law that restricts assistance to foreign countries.
367
(b) WAIVER.—If the President decides that it carries out this chapter, the
President may waive a provision of law on making, carrying out, and modi-
fying contracts and on expenditures of the Federal Government.
(c) DELEGATION OF DUTIES AND POWERS.—If the President delegates
to an officer under section 301 of title 3 a duty or power of the President
under this chapter, the President also may authorize the officer to redele-
gate the duty or power to a subordinate officer or employee of the officer.
However, the President may not authorize the redelegation of the waiver au-
thority under subsection (b) of this section.
(d) INFORMING CONGRESSIONAL COMMITTEES.—The President shall
keep appropriate committees of Congress currently informed on the use of
expenditures and the exercise of duties and powers under this chapter.
CHAPTER 135—IMMIGRANT EDUCATION ASSISTANCE
Sec.
13501.
Findings and purpose.
13502.
Definitions and application.
13503.
Enhanced instructional opportunities.
13504.
Applications.
13505.
State allocations.
13506.
Grants to local educational agencies.
13507.
Providing assistance to nonpublic schools when local educational agency does not.
13508.
State administrative costs.
13509.
Withholding payments.
13510.
Reports.
§ 13501. Findings and purpose
(a) FINDINGS.—Congress finds that—
(1) the education of the children and youth of the United States is
one of the most sacred government responsibilities;
(2) local educational agencies have struggled to finance education
services adequately;
(3) in Plyler v. Doe, 457 U.S. 202 (1982), the Supreme Court held
that States have a responsibility under the Equal Protection Clause of
the Constitution to educate all children, regardless of immigration sta-
tus; and
(4) only the Federal Government is responsible for immigration pol-
icy.
(b) PURPOSE.—The purpose of this chapter is to assist eligible local edu-
cational agencies that experience unexpectedly large increases in their stu-
dent population due to immigration to—
(1) provide high-quality instruction to immigrant children and youth;
and
(2) help immigrant children and youth—
(A) with their transition into American society; and
368
(B) meet the same challenging state performance standards ex-
pected of all children and youth.
§ 13502. Definitions and application
(a) DEFINITIONS.—In this chapter—
(1) the definitions in section 14101 of the Elementary and Second-
ary Education Act of 1965 (20 U.S.C. 8801) apply, except ‘‘local edu-
cational agency’’ and ‘‘Secretary’’.
(2) ‘‘immigrant children and youth’’ has the same meaning given
that term in section 7501 of the Elementary and Secondary Education
Act of 1965 (20 U.S.C. 7601).
(3) ‘‘local educational agency’’ has the same meaning given that
term in section 14101 of the Elementary and Secondary Education Act
of 1965 (20 U.S.C. 8801), except that it includes only an agency for
which the number of immigrant children and youth enrolled in public
elementary and secondary schools under its jurisdiction and in nonpub-
lic elementary and secondary schools in the district it serves, during the
fiscal year for which a grant is to be made under this chapter, is at
least equal to the lesser of—
(A) 500; or
(B) 3 percent of the total number of students enrolled in those
public or nonpublic schools during that fiscal year.
(b) APPLICATION.—Sections 7404 and 7502(a) and parts B–H of title
XIV of the Elementary and Secondary Education Act of 1965 (20 U.S.C.
7574, 7602(a), 8821 et seq.) apply to this chapter.
§ 13503. Enhanced instructional opportunities
(a) PAYMENTS TO PROVIDE ENHANCED INSTRUCTIONAL OPPORTUNI-
TIES.—The Secretary of Education shall make payments, as provided in this
chapter, to state educational agencies for each of the fiscal years ending
September 30, 1995–1999, for the purpose stated in section 13501(b) of
this title by paying for enhanced instructional opportunities for immigrant
children and youth.
(b) OPPORTUNITIES INCLUDED.—The enhanced instructional opportuni-
ties referred to in subsection (a) of this section include—
(1) family literacy, parent outreach, and training activities designed
to assist parents to become active participants in the education of their
children;
(2) salaries of personnel, including teacher aides who have been
trained specifically, or are being trained, to provide services to immi-
grant children and youth;
(3) tutorials, mentoring, and academic or career counseling for immi-
grant children and youth;
369
(4) identifying and acquiring curricular materials, educational soft-
ware, and technologies to be used in the program;
(5) basic instructional services directly attributable to the presence
in the school district of immigrant children and youth, including the
cost of providing additional classroom supplies, overhead costs, costs of
construction, acquisition, or rental of space, transportation costs, or
other costs directly attributable to these additional basic instructional
services; and
(6) other activities related to the purpose of this chapter that the
Secretary may authorize.
§ 13504. Applications
(a) REQUIREMENTS.—To receive a payment under this chapter for a fis-
cal year, a state educational agency must submit an application to the Sec-
retary of Education at the time, in the way, and containing or accompanied
by information the Secretary requires. In the application, the state edu-
cational agency must agree—
(1) to administer, or supervise the administration of, the educational
programs, services, and activities paid for under this chapter;
(2) to ensure that payments under this chapter will be used for the
purposes described in sections 13501(b) and 13503 of this title, includ-
ing a description of how local educational agencies receiving amounts
under this chapter will—
(A) use the amounts to meet those purposes; and
(B) coordinate with other programs assisted under the Goals
2000: Educate America Act (20 U. S. C. 5801 et seq.), the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 6301
et seq.), and other appropriate acts;
(3) to ensure that local educational agencies receiving amounts under
this chapter will coordinate the use of those amounts with programs
assisted under title I or part A of title VII of the Elementary and Sec-
ondary Education Act of 1965 (20 U.S.C. 6301 et seq., 7401 et seq.);
(4) to ensure that those payments (except payments received under
section 13506(a) of this title) will be allocated among the local edu-
cational agencies in the State so that each agency receives an amount
based on the number of immigrant children and youth counted for that
agency under section 13505(a)(1) of this title;
(5) to ensure that it will not disapprove finally any part of a local
educational agency’s application for an amount under this chapter
without giving the local educational agency reasonable notice and op-
portunity for a hearing;
(6) to make reports the Secretary requires to carry out this chapter;
370
(7) to ensure that—
(A) to the extent consistent with the number of immigrant chil-
dren and youth enrolled in nonpublic elementary and secondary
schools in the district served by a local educational agency, the
local educational agency, after consulting with the appropriate offi-
cials of the schools, will provide for the benefit of those children
and youth secular, neutral, and nonideological services, materials,
and equipment necessary to educate those children and youth;
(B) a public agency will—
(i) control and administer amounts provided under this
chapter; and
(ii) own and administer materials, equipment, and property
that is repaired, remodeled, or constructed with those
amounts;
(C) amounts under this clause (7) will not be commingled with
state or local amounts; and
(D) a public agency will provide immigrant children and youth
in nonpublic elementary or secondary schools the services referred
to in subclause (A) of this clause through—
(i) employees under the control and supervision of the
agency; or
(ii) a contract with a person or agency that is under the
control and supervision of the public agency and, when pro-
viding the services, is independent of the school and of any
religious organization;
(8) to award amounts reserved under section 13506(a) of this title
on a competitive basis based on merit and need as provided in section
13506(a); and
(9) to ensure that state and local educational agencies receiving
amounts under this chapter will comply with the requirements of sec-
tion 1120(b) of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6321(b)).
(b) APPROVAL.—The Secretary shall review all applications submitted
under subsection (a) of this section and shall approve any application that
meets the requirements of subsection (a). The Secretary shall disapprove
any application not meeting those requirements but may not disapprove fi-
nally an application without giving the applicant reasonable notice, technical
assistance, and an opportunity for a hearing.
(c) NOTIFICATION OF AMOUNT APPROVED.—Not later than June 1 of
each year, the Secretary shall notify each state educational agency that has
371
an application approved of the amount of the agency’s allocation under sec-
tion 13505(a) of this title for the next fiscal year.
§ 13505. State allocations
(a) ALLOCATIONS.—The Secretary of Education shall allocate the amount
appropriated to carry out this chapter for a fiscal year among the state edu-
cational agencies. Except as provided in this section, of the amount appro-
priated for each fiscal year for this chapter, each state participating in the
program assisted under this chapter shall receive an allocation equal to the
proportion of—
(1) the number of immigrant children and youth enrolled in public
elementary and secondary schools under the jurisdiction of the local
educational agencies of the State and in nonpublic elementary and sec-
ondary schools in the districts served by the local educational agencies
of the State; relative to
(2) the total number of immigrant children and youth similarly en-
rolled in all the States participating in the program assisted under this
chapter.
(b) DETERMINING NUMBER OF IMMIGRANT CHILDREN AND YOUTH.—(1)
The Secretary shall determine the number of immigrant children and youth
for a state educational agency under this section based on information or
estimates provided by the agency under criteria prescribed by the Secretary.
However, after notice and opportunity for a hearing, the Secretary may dis-
regard information or estimates that the Secretary decides are clearly erro-
neous.
(2) A determination under this subsection based on an overestimate or
underestimate may not deprive a state educational agency of the allocation
the State otherwise would have received under this chapter if the determina-
tion were based on accurate information.
(c) REALLOCATION OF UNUSED AMOUNTS.—When the Secretary deter-
mines that a part of a payment made to a state educational agency under
this chapter for a fiscal year will not be used by the agency to carry out
the purpose for which the payment was made, the Secretary shall make that
part available to one or more state educational agencies to the extent the
Secretary decides the other agencies can use the additional amount to carry
out the purpose. An amount made available under this subsection to a state
educational agency from an appropriation for a fiscal year is deemed in this
chapter to be a part of the payment (as determined under subsection (a)
of this section) to that agency for that fiscal year, and remains available
until the end of the next fiscal year.
372
§ 13506. Grants to local educational agencies
(a) DISTRIBUTION
BY STATE EDUCATIONAL AGENCIES.—(1) If the
amount appropriated to carry out this chapter is more than $50,000,000
for a fiscal year, a state educational agency may reserve not more than 20
percent of the agency’s payment under this chapter for that year to award
grants to local educational agencies in the State. The grants shall be award-
ed on a competitive basis.
(2)(A) At least one-half of the grants shall be made available to local edu-
cational agencies that have the highest numbers and percentages of immi-
grant children and youth.
(B) Amounts reserved under this subsection and not made available
under paragraph (2)(A) of this subsection may be distributed to local edu-
cational agencies in the State that are experiencing a sudden influx of immi-
grant children and youth but otherwise are not eligible for assistance under
this chapter.
(b) USE OF GRANT.—A local educational agency receiving a grant under
subsection (a) of this section shall use the grant to carry out the activities
described in section 13503(b) of this title.
(c) CONSORTIA.—A local educational agency receiving a grant under this
chapter may collaborate or form a consortium with one or more local edu-
cational agencies, institutions of higher education, and nonprofit organiza-
tions to carry out the program described in an application approved under
this chapter.
(d) SUBGRANTS.—With the approval of the Secretary of Education, a
local educational agency receiving a grant under this chapter may make a
subgrant to, or a contract with, an institution of higher education, a non-
profit organization, or a consortium of institutions of higher education or
nonprofit organizations to carry out a program described in an application
approved under this chapter, including a program to serve out-of-school
youth.
(e) DISTRIBUTION OF INFORMATION.—Local educational agencies receiv-
ing amounts under subsection (a) of this section that have the highest num-
ber of immigrant children and youth may make information on serving im-
migrant children and youth available to local educational agencies in the
State with sparse numbers of immigrant children and youth.
(f) SIMULTANEOUS SERVICE OF IMMIGRANT CHILDREN AND YOUTH.—
This chapter does not prohibit a local educational agency from serving, in
the same educational setting where appropriate, immigrant children and
youth simultaneously with students with similar educational needs.
373
§ 13507. Providing assistance to nonpublic schools when
local educational agency does not
(a) GENERAL AUTHORITY.—If a local educational agency is prohibited by
law from providing educational services for children and youth enrolled in
nonpublic elementary and secondary schools as required by section
13504(a)(7) of this title, or if the Secretary of Education decides that a
local educational agency has failed substantially to, or will not, provide for
the participation on an equitable basis of children and youth enrolled in
those schools, the Secretary—
(1) may waive the requirements of section 13504(a)(7) of this title;
and
(2) subject to the other requirements of this chapter, shall arrange
for educational services to be provided for those children and youth.
(b) WAIVER REQUIREMENTS.—A waiver under this section is subject to
consultation, withholding, notice, and judicial review requirements as pro-
vided in title I of the Elementary and Secondary Education Act of 1965
(20 U.S.C. 6301 et seq.).
§ 13508. State administrative costs
For any fiscal year, a state educational agency may reserve not more than
1.5 percent of the amount allocated to the agency under section 13505(a)
of this title to pay the costs of its administrative duties and powers under
this chapter.
§ 13509. Withholding payments
(a) AUTHORITY TO WITHHOLD.—When the Secretary of Education de-
cides that a state educational agency receiving payments under this chapter,
or a local educational agency receiving payments from the state educational
agency, is not complying with a requirement of this chapter, the Secretary,
until satisfied that there is no longer a failure to comply, shall—
(1) stop making payments to the state educational agency under this
chapter; or
(2) prohibit the state educational agency from making payments
under this chapter to the local educational agency that is causing, or
involved in, the failure.
(b) NOTICE AND OPPORTUNITY FOR HEARING.—The Secretary—
(1) may act under subsection (a) of this section only after giving the
state educational agency reasonable notice and opportunity for a hear-
ing; and
(2) shall notify the state educational agency of the action the Sec-
retary is taking under subsection (a) of this section.
374
§ 13510. Reports
(a) REPORTS
BY STATE EDUCATIONAL AGENCIES.—Each state edu-
cational agency receiving amounts under this chapter shall submit a report
once every 2 years to the Secretary of Education on the expenditure of
amounts by local educational agencies under this chapter. Each local edu-
cational agency receiving amounts under this chapter shall submit to the
state educational agency information necessary for the report.
(b) REPORTS BY THE SECRETARY.—The Secretary shall submit a report
once every 2 years to the appropriate committees of Congress about pro-
grams assisted under this chapter as provided in section 14701 of the Ele-
mentary and Secondary Education Act of 1965 (20 U.S.C. 8941).
375
CHAPTER 137—REIMBURSEMENT FOR COSTS OF
IMPRISONING CUBAN NATIONALS AND ILLEGAL ALIENS
Sec.
13701.
Payment of costs of imprisoning certain Cuban nationals.
13702.
Reimbursement of costs of imprisoning certain Cuban nationals and illegal aliens.
13703.
Limitation.
§ 13701. Payment of costs of imprisoning certain Cuban na-
tionals
(a) PAYMENTS TO STATES AND COUNTIES.—The Attorney General shall
pay a State or county for costs incurred by the State or county in imprison-
ing, during the fiscal year for which payment is made, a Cuban national
who—
(1) was paroled into the United States in 1980 by the Attorney Gen-
eral;
(2) after being paroled, violated a state or county law for which a
term of imprisonment was imposed; and
(3) at the time of the parole and violation, was not lawfully admitted
for permanent residence or not admitted under an immigrant or non-
immigrant visa issued under this title.
(b) APPLICATIONS FOR PAYMENTS.—For a State or county to be paid
under this section, the chief executive officer of the State or county shall
submit an application to the Attorney General, under regulations prescribed
by the Attorney General. The application shall contain—
(1) the number and names of Cuban nationals for whose imprison-
ment the State or county is entitled to be paid; and
(2) other information the Attorney General requires.
(c) REDUCTION
IF APPROPRIATIONS INSUFFICIENT.—For each fiscal
year, the Attorney General shall make payment under this section to States
and counties the Attorney General decides are eligible under this section.
However, if amounts appropriated for the fiscal year to carry out this sec-
tion are not sufficient to make all payments, each payment shall be ratably
reduced so that the total of the payments equals the amount appropriated.
(d) POLICY ON RETURN OF CUBAN NATIONALS.—It is the policy of the
Federal Government that the President, in consultation with the Attorney
General, other appropriate federal officials, and appropriate state and coun-
ty chief executive officers referred to in subsection (b) of this section, shall
place top priority on seeking the expeditious removal from the United States
and return by any responsible means to Cuba of Cuban nationals described
in subsection (a) of this section.
376
§ 13702. Reimbursement of costs of imprisoning certain
Cuban nationals and illegal aliens
(a) GENERAL.—The Attorney General shall reimburse a State for costs
incurred by the State in imprisoning any of the following Cuban nationals
and illegal aliens convicted by the State of a felony:
(1) a Cuban national who—
(A) was paroled into the United States in 1980 by the Attorney
General;
(B) after being paroled, violated a state or local law for which
a term of imprisonment was imposed; and
(C) at the time of parole and violation, was not lawfully admit-
ted for permanent or temporary residence or not admitted under
an immigrant or nonimmigrant visa issued under this title.
(2) an illegal alien who is in the United States unlawfully and—
(A) whose most recent entry into the United States was without
inspection; or
(B) who was admitted to the United States as a nonimmigrant
and whose—
(i) period of authorized stay as a nonimmigrant expired be-
fore the date of committing the crime for which the illegal
alien was convicted; or
(ii) unlawful status was known to the Federal Government
before the date of committing the crime for which the alien
was convicted.
(b) REGULATIONS.—The Attorney General shall prescribe regulations—
(1) providing eligibility requirements for States seeking reimburse-
ment under subsection (a) of this section;
(2) requiring that States seeking reimbursement under subsection
(a) of this section verify the eligible incarcerated population data with
the Commissioner of Immigration and Naturalization;
(3) providing a formula for distributing assistance under subsection
(a) of this section to eligible States; and
(4) awarding assistance to eligible States.
§ 13703. Limitation
The Attorney General may expend amounts under this chapter in a fiscal
year only to the extent and in the amount provided in advance by an appro-
priation law.
377
PART B—RESTRICTIONS
CHAPTER 151—RESTRICTING WELFARE AND PUBLIC
BENEFITS FOR ALIENS
SUBCHAPTER I—GENERAL
Sec.
15101.
Policy.
15102.
Definitions.
15103.
Guidance issued by Attorney General.
SUBCHAPTER II—FEDERAL PUBLIC BENEFITS
15121.
Ineligibility of aliens who are not qualified aliens.
15122.
Limited ineligibility of qualified aliens for SSI and food stamps.
15123.
State authorization to determine eligibility of qualified aliens.
15124.
Five-year ineligibility of qualified aliens for federal means-tested public benefit.
15125.
Attribution of sponsor’s income and resources to alien in determining a federal
means-tested public benefit.
15126.
Derivative eligibility for benefits.
SUBCHAPTER III—STATE AND LOCAL PUBLIC BENEFITS
15141.
Definition.
15142.
Ineligibility of aliens who are not qualified aliens or nonimmigrants.
15143.
Ineligibility of aliens not lawfully present on basis of residence for higher education
benefits.
15144.
State authority to limit eligibility of qualified aliens for state public benefits.
15145.
Authority of States and political subdivisions of States to limit assistance to aliens
and to distinguish among classes of aliens in providing general cash public assist-
ance.
15146.
Attribution of sponsor’s income and resources to alien with respect to state programs.
15147.
Authority to verify eligibility for state and local public benefits.
SUBCHAPTER IV—VERIFICATION AND COMMUNICATION
15161.
Verification of eligibility for federal public benefits.
15162.
Nonprofit charitable organizations not required to verify eligibility for federal public
benefits or state or local public benefits.
15163.
Communication between state and local governmental entities and the Immigration
and Naturalization Service.
15164.
Notification and information reporting.
SUBCHAPTER V—MISCELLANEOUS
15181.
Statutory construction.
15182.
Qualifying quarters of coverage under the Social Security Act.
15183.
Child nutrition programs.
SUBCHAPTER I—GENERAL
§ 15101. Policy
Congress makes the following statements concerning national policy with
respect to welfare and immigration:
(1) Self-sufficiency has been a basic principle of United States immi-
gration law since this country’s earliest immigration statutes.
(2) It continues to be the immigration policy of the Federal Govern-
ment that—
(A) aliens within the borders of the United States not depend
on public resources to meet their needs, but rather rely on their
own capabilities and the resources of their families, their sponsors,
and private organizations; and
(B) the availability of public benefits not constitute an incentive
for immigration to the United States.
378
(3) Despite the principle of self-sufficiency, aliens have been applying
for and receiving public benefits from federal, state, and local govern-
ments at increasing rates.
(4) Current eligibility rules for public assistance and unenforceable
financial support agreements have proved wholly incapable of ensuring
that individual aliens not burden the public benefits system.
(5) It is a compelling government interest to enact new rules for eli-
gibility and sponsorship agreements in order to ensure that aliens be
self-reliant in accordance with national immigration policy.
(6) It is a compelling government interest to remove the incentive
for illegal immigration provided by the availability of public benefits.
(7) With respect to the authority of a State to decide on the eligi-
bility of a qualified alien for public benefits in this chapter, a State
that chooses to follow the federal classification in determining the eligi-
bility of the alien for public assistance shall be considered to have cho-
sen the least restrictive means available for achieving the compelling
governmental interest of ensuring that aliens be self-reliant in accord-
ance with national immigration policy.
§ 15102. Definitions
(a) FEDERAL PUBLIC BENEFIT.—For purposes of this chapter ‘‘federal
public benefit’’—
(1) means—
(A) a grant, contract, loan, professional license, or commercial
license provided by a federal department, agency, or instrumental-
ity or by appropriated amounts of the Federal Government; and
(B) a retirement, welfare, health, disability, public or assisted
housing, postsecondary education, food assistance, unemployment,
or other similar benefit for which payments or assistance are pro-
vided to an individual, household, or family eligibility unit by a
federal department, agency, or instrumentality or by appropriated
amounts of the Government; but
(2) does not apply to—
(A) a contract, professional license, or commercial license for a
nonimmigrant whose visa for entry is related to such employment
in the United States, or to a citizen of a freely associated state,
if section 141 (or a successor provision) of the applicable compact
of free association, approved under the Compact of Free Associa-
tion Act of 1985 (48 U.S.C. 1901 et seq.) or under the Act of
November 14, 1986 (48 U.S.C. 1931 et seq.), is in effect; or
(B) benefits for an alien who, as a work authorized non-
immigrant or as an alien lawfully admitted for permanent resi-
379
dence under subtitle II of this title, qualified for the benefits and
for whom the United States under reciprocal treaty agreements is
required to pay the benefits, as determined by the Attorney Gen-
eral, after consultation with the Secretary of State.
(b) QUALIFIED ALIEN.—For purposes of this chapter, ‘‘qualified alien’’
means an alien who, at the time the alien applies for, receives, or attempts
to receive a federal public benefit, is—
(1) an alien who is lawfully admitted for permanent residence under
subtitle II of this title;
(2) an alien who is granted asylum under section 5106 of this title;
(3) a refugee who is admitted to the United States under section
5105 of this title;
(4) an alien who is paroled into the United States under section
6121 of this title for a period of at least one year;
(5) an alien whose removal is being withheld under section 6716(d)
of this title (or whose deportation was withheld under section 243(h)
of the Immigration and Nationality Act as in effect immediately before
April 1, 1997);
(6) an alien who is granted conditional entry under section 203(a)(7)
of the Immigration and Nationality Act as that Act was in effect prior
to April 1, 1980;
(7) an alien who is a Cuban or Hatian entrant as defined in section
13151 of this title; or
(8) except during any period in which an individual responsible for
battery or cruelty resides in the same household or family eligibility
unit as the individual subjected to the battery or cruelty—
(A)(i) an alien who has been battered or subjected to extreme
cruelty in the United States by a spouse or a parent, or by a mem-
ber of the spouse or parent’s family residing in the same house-
hold as the alien and the spouse or parent consented to, or acqui-
esced in, the battery or cruelty, but only if (in the opinion of the
agency providing the benefits) there is a substantial connection be-
tween the battery or cruelty and the need for the benefits to be
provided;
(ii) an alien whose child (as defined in section 108(b) of this
title) has been battered or subjected to extreme cruelty in the
United States by a spouse or a parent of the alien (without the
active participation of the alien in the battery or cruelty), or by
a member of the spouse or parent’s family residing in the same
household as the alien and the spouse or parent consented to, or
acquiesced in, the battery or cruelty, and the alien did not actively
380
participate in the battery or cruelty, but only if (in the opinion of
the agency providing the benefits) there is a substantial connection
between the battery or cruelty and the need for the benefits to be
provided; or
(iii) an alien child who resides in the same household as a par-
ent who has been battered or subjected to extreme cruelty in the
United States by that parent’s spouse or by a member of the
spouse’s family residing in the same household as the parent and
the spouse consented to, or acquiesced in, the battery or cruelty,
but only if (in the opinion of the agency providing the benefits)
there is a substantial connection between the battery or cruelty
and the need for the benefits to be provided; and
(B) who has been approved or has a petition pending which sets
forth a prima facie case for—
(i) status as a spouse or a child of a United States citizen
under section 4301(a)(2), (3), or (4) of this title;
(ii) classification under section 4301(a)(6) or (7) of this
title;
(iii) cancellation of removal under—
(I) section 240A of the Immigration and Nationality
Act as in effect prior to April 1, 1997; or
(II) section 6721(c) of this title; or
(iv) status as a spouse or child of a United States citizen
under section 4301(a)(1) of this title or classification under
section 4301(a)(5) of this title.
§ 15103. Guidance issued by Attorney General
After consultation with the Secretaries of Health and Human Services,
Agriculture, and Housing and Urban Development, the Commissioner of So-
cial Security, and the heads of federal departments, agencies, or instrumen-
talities administering benefits that the Attorney General considers appro-
priate, the Attorney General shall issue guidance (in the Attorney General’s
sole and unreviewable discretion) for the purposes of sections 15102(b)(8)
and 15125(e) of this title, concerning the meaning of ‘‘battery’’ and ‘‘ex-
treme cruelty’’, and the standards and methods to be used for deciding
whether a substantial connection exists between battery or cruelty suffered
and an individual’s need for benefits under a specific federal, state, or local
program.
381
SUBCHAPTER II—FEDERAL PUBLIC BENEFITS
§ 15121. Ineligibility of aliens who are not qualified aliens
(a) GENERAL.—Except as provided in subsection (b) of this section, an
alien who is not a qualified alien is not eligible for any federal public bene-
fit.
(b) EXCEPTIONS.—(1) Subsection (a) of this section does not apply to the
following federal public benefits:
(A) medical assistance under title XIX of the Social Security Act (42
U.S.C. 1396 et seq.), or any successor program, for care and services
that are necessary for the treatment of an alien’s emergency medical
condition (as defined in section 1903(v)(3) of the Act (42 U.S.C.
1396b(v)(3))) and are not related to an organ transplant procedure, if
the alien involved otherwise meets the eligibility requirements for medi-
cal assistance under the state plan approved under title XIX, other
than the requirement of the receipt of aid or assistance under title IV
of the Act (42 U.S.C. 401 et seq.), supplemental security income bene-
fits under title XVI of the Act (42 U.S.C. 1381 et seq.), or a state
supplementary payment.
(B) short-term, non-cash, in-kind emergency disaster relief.
(C) public health assistance, not including any assistance under title
XIX of the Social Security Act (42 U.S.C. 1396 et seq.), for immuniza-
tions with respect to immunizable diseases and for testing and treat-
ment of symptoms of communicable diseases whether or not such symp-
toms are caused by a communicable disease.
(D) programs, services, or assistance (such as soup kitchens, crisis
counseling and intervention, and short-term shelter) specified by the
Attorney General, in the Attorney General’s sole and unreviewable dis-
cretion after consultation with the heads of appropriate federal depart-
ments, agencies, and instrumentalities that—
(i) deliver in-kind services at the community level, including
through public or private nonprofit agencies;
(ii) do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on the indi-
vidual recipient’s income or resources; and
(iii) are necessary for the protection of life or safety.
(E) programs for housing or community development assistance or
financial assistance administered by the Secretary of Housing and
Urban Development, any program under title V of the Housing Act of
1949 (42 U.S.C. 1471 et seq.), or any assistance under section 306C
of the Consolidated Farm and Rural Development Act (7 U.S.C.
382
1926c), to the extent that the alien is receiving the benefit on August
22, 1996.
(2) Subsection (a) of this section does not apply to any benefit—
(A) payable under title II of the Social Security Act (42 U.S.C. 401
et seq.) to an alien who is lawfully present in the United States as de-
termined by the Attorney General;
(B) payable under title II of the Social Security Act (42 U.S.C. 401
et seq.) to which entitlement is based on an application filed before
September 1, 1996;
(C) if nonpayment of the benefit would be contrary to an inter-
national agreement described in section 233 of the Social Security Act
(42 U.S.C. 433); or
(D) if nonpayment of the benefit would be contrary to section 202(t)
of the Social Security Act (42 U.S.C. 402(t)).
(3) Subsection (a) of this section does not apply to any benefit payable
under—
(A) title XVIII of the Social Security Act (42 U.S.C. 1395 et seq.)
to an alien—
(i) who is lawfully present in the United States as determined
by the Attorney General; and
(ii) for a benefit payable under Part A of title XVIII (42 U.S.C.
1395c et seq.), who was authorized to be employed for any wages
attributable to employment that are counted for eligibility for the
benefit; or
(B) the Railroad Retirement Act of 1974 (45 U.S.C. 231 et seq.),
or the Railroad Unemployment Insurance Act (45 U.S.C. 351 et seq.)
to an alien who is—
(i) lawfully present in the United States as determined by the
Attorney General; or
(ii) residing outside the United States.
(4) For eligibility for benefits for the programs described in sections
15122(a)(1) and 15123(a)(1)(C) of this title, subsection (a) of this section
does not apply to an individual who—
(1) is an American Indian born in Canada to whom section 712 of
this title applies; or
(2) is a member of an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))).
383
§ 15122. Limited ineligibility of qualified aliens for SSI and
food stamps
(a) GENERAL.—Except as otherwise provided in this section, an alien who
is a qualified alien is not eligible for—
(1) the supplemental security income program under title XVI of the
Social Security Act (42 U.S.C. 1381 et seq.), including—
(A) supplementary payments under an agreement for federal
administration under section 1616(a) of the Social Security Act
(42 U.S.C. 1382e(a)); and
(B) payments under an agreement made under section 212(b)
of the Act of July 9, 1973 (42 U.S.C. 1382 note); or
(2) the food stamp program as defined in section 3(h) of the Food
Stamp Act of 1977 (7 U.S.C. 2012(h)).
(b) EXCEPTION FOR REFUGEES AND ASYLEES.—(1) For the supple-
mental security income program described in subsection (a)(1) of this sec-
tion, subsection (a) of this section does not apply to an alien until 7 years
after the date described in paragraph (3) of this subsection.
(2) For the food stamp program described in subsection (a)(2) of this
section, subsection (a) of this section does not apply to an alien until 5
years after the date described in paragraph (3) of this subsection.
(3) The date referred to in paragraphs (1) and (2) of this subsection is
the date—
(A) the alien is admitted to the United States as a refugee under
section 5105 of this title;
(B) the alien is granted asylum under section 5106 of this title;
(C) the alien’s removal is withheld under section 6716(d) of this title
(or the alien’s deportation was withheld under section 243(h) of the
Immigration and Nationality Act as in effect immediately before April
1, 1997);
(D) the alien is granted status as a Cuban or Hatian entrant as de-
fined in section 13151 of this title; or
(E) the alien is admitted to the United States under chapter 47 of
this title.
(c) EXCEPTION FOR CERTAIN PERMANENT RESIDENT ALIENS.—Sub-
section (a) of this section does not apply to an alien who—
(1) is lawfully admitted for permanent residence under subtitle II of
this title; and
(2)(A) has worked 40 qualifying quarters of coverage as defined
under title II of the Social Security Act (42 U.S.C. 401 et seq.) or can
be credited with the qualifying quarters as provided in section 15182
of this title; and
384
(B) in the case of a qualifying quarter creditable for a period begin-
ning after December 31, 1996, did not receive any federal means-tested
public benefit (as provided under section 15124 of this title) during the
period.
(d) EXCEPTION FOR VETERANS AND ACTIVE DUTY PERSONNEL.—Sub-
section (a) of this section does not apply to an alien who is lawfully residing
in any State and is—
(1) a veteran (as defined in section 101, 1101, or 1301 of title 38,
or as described in section 107 of title 38), with a discharge character-
ized as an honorable discharge and not on account of alienage, who ful-
fills the minimum active duty service requirements of section 5303A(d)
of title 38;
(2) on active duty (except active duty for training) in the armed
forces of the United States; or
(3)(A) the spouse or unmarried dependent child of an individual de-
scribed in clause (1) or (2) of this subsection; or
(B) the unremarried surviving spouse of an individual described in
clause (1) or (2) of this subsection who is deceased, if the marriage
fulfills the requirements of section 1304 of title 38.
(e) EXCEPTION FOR ALIENS WHO WERE RECEIVING SSI ON AUGUST 22,
1996.—For eligibility for benefits under the supplemental security income
program described in subsection (a)(1) of this section, subsection (a) of this
section does not apply to an alien who—
(1) is lawfully residing in the United States; and
(2) was receiving such benefits on August 22, 1996.
(f) EXCEPTION FOR DISABLED ALIENS WHO WERE LAWFULLY RESID-
ING IN THE UNITED STATES ON AUGUST 22, 1996.—For eligibility for ben-
efits under the supplemental security income program described in sub-
section (a)(1) of this section, subsection (a) of this section does not apply
to an alien who—
(1) was lawfully residing in the United States on August 22, 1996;
and
(2) is blind or disabled, as defined in section 1614(a)(2) or
1614(a)(3) of the Social Security Act (42 U.S.C. 1382c(a)(3)).
(g) SSI EXCEPTION FOR CERTAIN INDIANS.—For eligibility for benefits
under the supplemental security income program described in subsection
(a)(1) of this section, subsection (a) of this section does not apply to an
individual who—
(1) is an American Indian born in Canada to whom section 712 of
this title applies; or
385
(2) is a member of an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))).
(h) SSI EXCEPTION FOR APPLICATIONS FILED BEFORE 1979.—For eli-
gibility for benefits under the supplemental security income program de-
scribed in subsection (a)(1) of this section, subsection (a) of this section
does not apply to an individual—
(1) who is receiving the benefits for months after July 1996, on the
basis of an application filed before January 1, 1979; and
(2) for whom the Commissioner of Social Security lacks clear and
convincing evidence of ineligibility for benefits under this section.
(i) TRANSITION FOR ALIENS CURRENTLY RECEIVING SSI.—(1) During
the period from August 22, 1996, through September 30, 1998, the Com-
missioner of Social Security shall redetermine the eligibility of each individ-
ual who, as of August 22, 1996, was receiving benefits under the program
described in subsection (a)(1) of this section and whose eligibility for the
benefits may terminate by reason of this section.
(2) For a redetermination under paragraph (1) of this subsection, the
Commissioner of Social Security shall apply the eligibility criteria for new
applicants for benefits.
(3) For an individual described in paragraph (1) of this subsection, this
section, and the redetermination of eligibility under paragraph (1) of this
subsection, shall only apply to benefits for months beginning after Septem-
ber 30, 1998.
(j) TRANSITION FOR ALIENS CURRENTLY RECEIVING FOOD STAMPS.—
(1) For the food stamp program as defined in section 3(h) of the Food
Stamp Act of 1977 (7 U.S.C. 2012(h)), ineligibility under subsection (a)(2)
of this section does not apply until April 1, 1997, to an alien who received
benefits under the program on August 22, 1996, unless the alien is deter-
mined to be ineligible to receive benefits under the Food Stamp Act of 1977
(7 U.S.C. 2011 et seq.).
(2) The state agency shall recertify the eligibility of all aliens described
in paragraph (1) of this subsection during the period from April 1, 1997,
through August 22, 1997. For a recertification under this paragraph, the
state agency shall apply the eligibility criteria for applicants for benefits
under the program.
(3) This section and the recertification under paragraph (2) of this sec-
tion shall only apply to the eligibility of an alien for a program for months
beginning on or after the date of recertification, if on August 22, 1996, the
alien is—
(A) lawfully residing in a State; and
386
(B) receiving benefits under the program.
§ 15123. State authorization to determine eligibility of quali-
fied aliens
(a) GENERAL.—(1) Except as otherwise provided in this section and sec-
tion 15124 of this title, a State may determine the eligibility of an alien
who is a qualified alien for—
(A) the program of block grants to States for temporary assistance
for needy families under part A of title IV of the Social Security Act
(42 U.S.C. 601 et seq.);
(B) the program of block grants to States for social services under
title XX of the Act (42 U.S.C. 1397 et seq.); and
(C) a state plan approved under title XIX of the Act (42 U.S.C.
1396 et seq.), except medical assistance described in section
15121(b)(1)(A) of this title.
(2) Qualified aliens under subsections (b)–(f) of this section are eligible
for the programs described in paragraph (1) of this subsection.
(b) EXCEPTION FOR REFUGEES AND ASYLEES.—(1) For the program de-
scribed in subsection (a)(1)(C) of this section, subsection (a)(1) of this sec-
tion does not apply to a qualified alien until 7 years after the date described
in paragraph (3) of this subsection.
(2) For the programs described in subsection (a)(1) (A) and (B) of this
section, subsection (a)(1) of this section does not apply to an alien until 5
years after the date described in paragraph (3) of this subsection.
(3) The date referred to in paragraphs (1) and (2) of this subsection is
the date—
(A) the alien is admitted to the United States as a refugee under
section 5105 of this title;
(B) the alien is granted asylum under section 5106 of this title;
(C) the alien’s removal is withheld under section 6716(d) of this title
(or the alien’s deportation was withheld under section 243(h) of the
Immigration and Nationality Act as in effect immediately before April
1, 1997);
(D) the alien is granted status as a Cuban or Hatian entrant as de-
fined in section 13151 of this title; or
(E) the alien is admitted to the United States under chapter 47 of
this title.
(c) EXCEPTION FOR CERTAIN PERMANENT RESIDENT ALIENS.—Sub-
section (a)(1) of this section does not apply to a qualified alien who—
(1) is lawfully admitted for permanent residence under subtitle II of
this title; and
387
(2)(A) has worked 40 qualifying quarters of coverage as defined
under title II of the Social Security Act (42 U.S.C. 401 et seq.) or can
be credited with the qualifying quarters as provided in section 15182
of this title; and
(B) in the case of a qualifying quarter creditable for a period begin-
ning after December 31, 1996, did not receive any federal means-tested
public benefit (as provided under section 15124 of this title) during the
period.
(d) EXCEPTION FOR VETERANS AND ACTIVE DUTY PERSONNEL.—Sub-
section (a)(1) of this section does not apply to a qualified alien who is law-
fully residing in any State and is—
(1) a veteran (as defined in section 101, 1101, or 1301 of title 38,
or as described in section 107 of title 38) with a discharge character-
ized as an honorable discharge and not on account of alienage, who ful-
fills the minimum active duty service requirements of section 5303A(d)
of title 38;
(2) on active duty (except active duty for training) in the armed
forces of the United States; or
(3)(A) the spouse or unmarried dependent child of an individual de-
scribed in clause (1) or (2) of this subsection; or
(B) the unremarried surviving spouse of an individual described in
clause (1) or (2) of this subsection who is deceased, if the marriage
fulfills the requirements of section 1304 of title 38.
(e) EXCEPTION FOR CERTAIN INDIANS.—For eligibility for benefits for
the program described in subsection (a)(1)(C) of this section, subsection
(a)(1) of this section does not apply to an individual who—
(1) is an American Indian born in Canada to whom section 712 of
this title applies; or
(2) is a member of an Indian tribe (as defined in section 4(e) of the
Indian Self-Determination and Education Assistance Act (25 U.S.C.
450b(e))).
(f) MEDICAID EXCEPTION FOR ALIENS RECEIVING SSI.—An alien who
is receiving benefits under the program described in section 15122(a)(1) of
this title is eligible for medical assistance under a state plan under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.) on the same terms that
apply to other recipients of benefits under the program described in section
15122(a)(1).
§ 15124. Five-year ineligibility of qualified aliens for federal
means-tested public benefit
(a) GENERAL.—Except as provided in this section, an alien who is a
qualified alien and who enters the United States after August 21, 1996, is
388
not eligible for any federal means-tested public benefit for 5 years beginning
on the date of the alien’s entry into the United States with a status within
the meaning of qualified alien.
(b) EXCEPTION FOR CERTAIN ASSISTANCE AND BENEFITS.—Subsection
(a) of this section does not apply to the following assistance and benefits:
(1) medical assistance described in section 15121(b)(1)(A) of this
title.
(2) short-term, non-cash, in-kind emergency disaster relief.
(3) assistance or benefits under the National School Lunch Act (42
U.S.C. 1751 et seq.).
(4) assistance or benefits under the Child Nutrition Act of 1966 (42
U.S.C. 1771 et seq.).
(5) public health assistance, not including assistance under title XIX
of the Social Security Act (42 U.S.C. 1396 et seq.), for immunizations
with respect to immunizable diseases and for testing and treatment of
symptoms of communicable diseases whether or not such symptoms are
caused by a communicable disease.
(6) payments for foster care and adoption assistance under parts B
and E of title IV of the Social Security Act (42 U.S.C. 620 et seq.
and 670 et seq.) for a parent or a child who would, in the absence of
subsection (a) of this section, be eligible to have the payments made
on the child’s behalf, but only if the foster or adoptive parent of the
child is a qualified alien.
(7) programs, services, or assistance (such as soup kitchens, crisis
counseling and intervention, and short-term shelter) specified by the
Attorney General, in the Attorney General’s sole and unreviewable dis-
cretion after consultation with the heads of appropriate federal depart-
ments, agencies, and instrumentalities, that—
(A) deliver in-kind services at the community level, including
through public or private nonprofit agencies;
(B) do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on the indi-
vidual recipient’s income or resources; and
(C) are necessary for the protection of life or safety.
(8) programs of student assistance under titles IV, V, IX, and X of
the Higher Education Act of 1965 (20 U.S.C. 1070 et seq., 1101 et
seq., 1134 et seq., 1135 et seq.), and titles III, VII, and VIII of the
Public Health Service Act (42 U.S.C. 241 et seq., 292 et seq., 296 et
seq.).
(9) means-tested programs under the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 6301 et seq.).
389
(10) benefits under the Head Start Act (42 U.S.C. 9831 et seq.).
(11) benefits under the Job Training Partnership Act (29 U.S.C.
1501 et seq.).
(c) EXCEPTION FOR REFUGEES AND ASYLEES.—Subsection (a) of this
section does not apply to an alien—
(1) who is admitted to the United States as a refugee under section
5105 of this title;
(2) who is granted asylum under section 5106 of this title;
(3) whose removal is being withheld under section 6716(d) of this
title (or whose deportation was withheld under section 243(h) of the
Immigration and Nationality Act as in effect immediately before April
1, 1997);
(4) who is granted status as a Cuban or Hatian entrant as defined
in section 13151 of this title; or
(5) who is admitted to the United States under chapter 47 of this
title.
(d) EXCEPTION FOR VETERANS AND ACTIVE DUTY PERSONNEL.—Sub-
section (a) of this section does not apply to an alien who is lawfully residing
in any State and is—
(1) a veteran (as defined in section 101, 1101, or 1301 of title 38,
or as described in section 107 of title 38) with a discharge character-
ized as an honorable discharge and not on account of alienage, who ful-
fills the minimum active duty service requirements of section 5303A(d)
of title 38;
(2) on active duty (except active duty for training) in the armed
forces of the United States; or
(3)(A) the spouse or unmarried dependent child of an individual de-
scribed in clause (1) or (2) of this subsection; or
(B) the unremarried surviving spouse of an individual described in
clause (1) or (2) of this subsection who is deceased, if the marriage
fulfills the requirements of section 1304 of title 38.
(e) EXCEPTION FOR CERTAIN INDIANS.—For the programs specified in
sections 15122(a)(1) and 15123(a)(1)(C) of this title, subsection (a) of this
section does not apply to an individual described in section 15122(g) of this
title.
§ 15125. Attribution of sponsor’s income and resources to
alien in determining a federal means-tested public
benefit
(a) IN GENERAL.—In determining the eligibility and the amount of bene-
fit of an alien for any federal means-tested public benefit (as provided under
390
section 15124 of this title), the income and resources of the alien are
deemed to include the following:
(1) The income and resources of any individual who executed an affi-
davit of support under section 6331 of this title on behalf of the alien.
(2) The income and resources of the spouse (if any) of the individual
described in clause (1) of this subsection.
(b) DURATION OF ATTRIBUTION PERIOD.—Subsection (a) of this section
applies to an alien until the alien—
(1) achieves United States citizenship through naturalization under
chapter 203 of this title; or
(2)(A) has worked 40 qualifying quarters of coverage as defined
under title II of the Social Security Act (42 U.S.C. 401 et seq.) or can
be credited with the qualifying quarters as provided in section 15182
of this title; and
(B) in the case of a qualifying quarter creditable for a period begin-
ning after December 31, 1996, did not receive any federal means-tested
public benefit (as provided under section 15124 of this title) during the
period.
(c) REVIEW OF INCOME AND RESOURCES OF ALIEN ON REAPPLICA-
TION.—The applicable agency shall review the income and resources attrib-
uted to an alien under subsection (a) of this section, when the alien is re-
quired to reapply for benefits under any federal means-tested public benefits
program.
(d) INDIGENCE EXCEPTION.—(1) For an alien for whom an affidavit of
support under section 6331 of this title has been executed, if a determina-
tion described in paragraph (2) of this subsection is made, the amount of
income and resources of the sponsor or the sponsor’s spouse which is attrib-
uted to the sponsored alien may not exceed the amount actually provided
for the 12-month period beginning on the date of the determination.
(2) A determination described in this paragraph is a determination by an
agency that a sponsored alien would, in the absence of the assistance pro-
vided by the agency, be unable to obtain food and shelter, taking into ac-
count the alien’s own income, plus any cash, food, housing, or other assist-
ance provided by other individuals, including the sponsor. The agency shall
notify the Attorney General of each determination, including the names of
the sponsor and the sponsored alien involved.
(e) SPECIAL RULE FOR BATTERED SPOUSE AND CHILD.—(1) Subject to
paragraph (2) of this subsection and notwithstanding any other provision
of this section, subsection (a) does not apply to benefits—
(A) during a 12-month period if the alien demonstrates that—
391
(i)(I) the alien has been battered or subjected to extreme cruelty
in the United States by a spouse or a parent, or by a member of
the spouse or parent’s family residing in the same household as
the alien and the spouse or parent consented to, or acquiesced in,
the battery or cruelty;
(II) the alien’s child has been battered or subjected to extreme
cruelty in the United States by the spouse or parent of the alien
(without the active participation of the alien in the battery or cru-
elty), or by a member of the spouse’s or parent’s family residing
in the same household as the alien when the spouse or parent con-
sented to, or acquiesced in, and the alien did not actively partici-
pate in, the battery or cruelty; or
(III) the alien is a child whose parent (who resides in the same
household as the alien child) has been battered or subjected to ex-
treme cruelty in the United States by that parent’s spouse, or by
a member of the spouse’s family residing in the same household
as the parent and the spouse consented to, or acquiesced in, the
battery or cruelty; and
(ii) the battery or cruelty (in the opinion of the agency provid-
ing the public benefits, which opinion is not subject to review by
any court) has a substantial connection to the need for the public
benefits applied for; and
(B) after a 12-month period (regarding the batterer’s income and re-
sources only) if the alien demonstrates that—
(i) the battery or cruelty under subclause (A) of this paragraph
has been recognized in an order of a judge or administrative law
judge or a prior determination of the Immigration and Naturaliza-
tion Service; and
(ii) the battery or cruelty (in the opinion of the agency provid-
ing the public benefits, which opinion is not subject to review by
any court) has a substantial connection to the need for the bene-
fits.
(2) Paragraph (1) of this subsection does not apply to benefits for an
alien during any period in which the individual responsible for the battery
or cruelty resides in the same household or family eligibility unit as the indi-
vidual who was subjected to the battery or cruelty.
§ 15126. Derivative eligibility for benefits
An alien who is ineligible under this chapter for benefits under the food
stamp program (as described in section 15122(a)(2) of this title) is not eli-
gible for the benefits because the alien receives benefits under the supple-
392
mental security income program (as described in section 15122(a)(1) of this
title).
SUBCHAPTER III—STATE AND LOCAL PUBLIC BENEFITS
§ 15141. Definition
For purposes of this subchapter ‘‘state or local public benefit’’—
(1) means—
(A) a grant, contract, loan, professional license, or commercial
license provided by an agency of a state or local government or
by appropriated amounts of a state or local government; and
(B) a retirement, welfare, health, disability, public or assisted
housing, postsecondary education, food assistance, unemployment,
or other similar benefit for which payments or assistance are pro-
vided to an individual, household, or family eligibility unit by an
agency of a state or local government or by appropriated amounts
of a state or local government; but
(2) does not apply to—
(A) a contract, professional license, or commercial license for a
nonimmigrant whose visa for entry is related to such employment
in the United States, or to a citizen of a freely associated state,
if section 141 (or a successor provision) of the applicable compact
of free association, approved under the Compact of Free Associa-
tion Act of 1985 (48 U.S.C. 1901 et seq.) or under the Act of
November 14, 1986 (48 U.S.C. 1931 et seq.), is in effect;
(B) benefits for an alien who, as a work authorized non-
immigrant or as an alien lawfully admitted for permanent resi-
dence under subtitle II of this title, qualified for the benefits and
for whom the United States under reciprocal treaty agreements is
required to pay the benefits, as determined by the Secretary of
State, after consultation with the Attorney General; or
(C) any federal public benefit under section 15102(a) of this
title.
§ 15142. Ineligibility of aliens who are not qualified aliens
or nonimmigrants
(a) GENERAL.—Except as provided in this section, an alien is not eligible
for any state or local public benefit if the alien is not—
(1) a qualified alien;
(2) a nonimmigrant under this title; or
(3) an alien who is paroled into the United States under section
6121 of this title for less than one year.
(b) EXCEPTIONS.—Subsection (a) of this section does not apply with re-
spect to the following state or local public benefits:
393
(1) assistance for health care items and services that are necessary
for the treatment of an emergency medical condition (as defined in sec-
tion 1903(v)(3) of the Social Security Act (42 U.S.C. 1396b(v)(3))) of
the alien involved and are not related to an organ transplant procedure.
(2) short-term, non-cash, in-kind emergency disaster relief.
(3) public health assistance for immunizations with respect to
immunizable diseases and for testing and treatment of symptoms of
communicable diseases whether or not such symptoms are caused by
a communicable disease.
(4) programs, services, or assistance (such as soup kitchens, crisis
counseling and intervention, and short-term shelter) specified by the
Attorney General, in the Attorney General’s sole and unreviewable dis-
cretion after consultation with the heads of appropriate federal depart-
ments, agencies, and instrumentalities, that—
(A) deliver in-kind services at the community level, including
through public or private nonprofit agencies;
(B) do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on the indi-
vidual recipient’s income or resources; and
(C) are necessary for the protection of life or safety.
(c) STATE AUTHORITY TO PROVIDE
FOR ELIGIBILITY
OF ILLEGAL
ALIENS FOR STATE AND LOCAL PUBLIC BENEFITS.—A State may provide
that an alien who is not lawfully present in the United States is eligible for
a state or local public benefit for which the alien would otherwise be ineli-
gible under subsection (a) of this section only through the enactment, after
August 22, 1996, of a state law which affirmatively provides for the eligi-
bility.
§ 15143. Ineligibility of aliens not lawfully present on basis
of residence for higher education benefits
An alien who is not lawfully present in the United States is not eligible
on the basis of residence within a State or a political subdivision of a State
for any postsecondary education benefit provided after June 30, 1998, un-
less a national of the United States is eligible for the benefit (in no less
an amount, duration, and scope) without regard to whether the national is
a resident of the State or a political subdivision of the State.
§ 15144. State authority to limit eligibility of qualified aliens
for state public benefits
(a) GENERAL.—Except as provided in this section, a State may determine
the eligibility for any state public benefit of an alien who is—
(1) a qualified alien;
(2) a nonimmigrant under this title; or
394
(3) an alien who is paroled into the United States under section
6121 of this title for less than one year.
(b) EXCEPTION FOR REFUGEES AND ASYLEES.—A qualified alien is eligi-
ble for any state public benefit—
(1) until 5 years after the date—
(A) the alien is admitted to the United States as a refugee
under section 5105 of this title;
(B) the alien is granted asylum under section 5106 of this title;
(C) the alien’s removal is withheld under section 6716(d) of this
title (or the alien’s deportation was withheld under section 243(h)
of the Immigration and Nationality Act as in effect immediately
before April 1, 1997); or
(D) the alien is granted status as a Cuban or Hatian entrant
as defined in section 13151 of this title; or
(2) if the alien is admitted to the United States under chapter 47
of this title.
(c) EXCEPTION FOR CERTAIN PERMANENT RESIDENT ALIENS.—A quali-
fied alien is eligible for any state public benefit if the alien—
(1) is lawfully admitted for permanent residence under subtitle II of
this title; and
(2)(A) has worked 40 qualifying quarters of coverage as defined
under title II of the Social Security Act (42 U.S.C. 401 et seq.) or can
be credited with the qualifying quarters as provided in section 15182
of this title; and
(B) in the case of a qualifying quarter creditable for a period begin-
ning after December 31, 1996, did not receive any federal means-tested
public benefit (as provided under section 15124 of this title) during the
period.
(d) EXCEPTION
FOR VETERANS
AND ACTIVE DUTY PERSONNEL.—A
qualified alien is eligible for any state public benefit if the alien is lawfully
residing in any State and is—
(1) a veteran (as defined in section 101, 1101, or 1301 of title 38,
or as described in section 107 of title 38) with a discharge character-
ized as an honorable discharge and not on account of alienage, who ful-
fills the minimum active duty service requirements of section 5303A(d)
of title 38;
(2) on active duty (except active duty for training) in the armed
forces of the United States; or
(3)(A) the spouse or unmarried dependent child of an individual de-
scribed in clause (1) or (2) of this subsection; or
395
(B) the unremarried surviving spouse of an individual described in
clause (1) or (2) of this subsection who is deceased, if the marriage
fulfills the requirements of section 1304 of title 38.
§ 15145. Authority of States and political subdivisions of
States to limit assistance to aliens and to distin-
guish among classes of aliens in providing general
cash public assistance
(a) GENERAL.—Subject to subsection (b) of this section, a State or politi-
cal subdivision of a State may prohibit or otherwise limit or restrict the eli-
gibility of aliens or classes of aliens for programs of general cash public as-
sistance furnished under the law of the State or a political subdivision of
a State.
(b) LIMITATION.—The authority provided for under subsection (a) of this
section may be exercised only to the extent that any prohibitions, limita-
tions, or restrictions imposed by a State or political subdivision of a State
are not more restrictive than the prohibitions, limitations, or restrictions im-
posed under comparable federal programs. For purposes of this section, at-
tribution to an alien of a sponsor’s income and resources (as described in
section 15125 of this title) for purposes of determining eligibility for, and
the amount of, benefits shall be considered less restrictive than a prohibition
of eligibility for those benefits.
§ 15146. Attribution of sponsor’s income and resources to
alien with respect to state programs
(a) OPTIONAL APPLICATION TO STATE PROGRAMS.—Except as provided
in subsection (b) of this section, in determining the eligibility and the
amount of benefits of an alien for any state or local public benefits, the
State or political subdivision that offers the benefits may provide that the
income and resources of the alien shall be deemed to include the income and
resources of—
(1) an individual who executed an affidavit of support on behalf of
the alien under section 6331 of this title; and
(2) the spouse of an individual described in clause (1) of this sub-
section.
(b) EXCEPTIONS.—Subsection (a) of this subsection does not apply with
respect to the following state or local public benefits:
(1) assistance described in section 15142(b)(1) of this title.
(2) short-term, non-cash, in-kind emergency disaster relief.
(3) programs comparable to assistance or benefits under the Na-
tional School Lunch Act (42 U.S.C. 1751 et seq.).
(4) programs comparable to assistance or benefits under the Child
Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
396
(5) public health assistance for immunizations with respect to
immunizable diseases and for testing and treatment of symptoms of
communicable diseases whether or not the symptoms are caused by a
communicable disease.
(6) payments for foster care and adoption assistance.
(7) programs, services, or assistance (such as soup kitchens, crisis
counseling and intervention, and short-term shelter) specified by the
Attorney General of a State, after consultation with the heads of ap-
propriate departments, agencies, and instrumentalities, that—
(A) deliver in-kind services at the community level, including
through public or private nonprofit agencies;
(B) do not condition the provision of assistance, the amount of
assistance provided, or the cost of assistance provided on the indi-
vidual recipient’s income or resources; and
(C) are necessary for the protection of life or safety.
§ 15147. Authority to verify eligibility for State and local
public benefits
A State or political subdivision of a State may require an applicant for
a state or local public benefit to provide proof of eligibility.
SUBCHAPTER IV—VERIFICATION AND COMMUNICATION
§ 15161. Verification of eligibility for federal public benefits
(a) IN GENERAL.—(1)(A) No later than February 22, 1998, the Attorney
General, after consultation with the Secretary of Health and Human Serv-
ices, shall prescribe regulations requiring verification that an individual ap-
plying for a federal public benefit, to which the limitation under section
15121(a) and (b)(1)–(3) of this title applies, is a qualified alien and is eligi-
ble to receive the benefit. The regulations, to the extent feasible, shall re-
quire that information requested and exchanged be similar in form and
manner to information requested and exchanged under section 1137 of the
Social Security Act (42 U.S.C. 1320b–7).
(B) No later than November 3, 1997, the Attorney General, after con-
sultation with the Secretary, shall issue interim verification guidance.
(2) No later than February 22, 1998, the Attorney General, in consulta-
tion with the Secretary, shall also establish procedures for an individual ap-
plying for a federal public benefit to provide proof of citizenship in a fair
and nondiscriminatory manner.
(3) No later than November 3, 1997, the Attorney General shall prescribe
regulations that set forth the procedures by which a state or local govern-
ment, for purposes of determining whether the alien is eligible for benefits
under section 15142 of this title, can verify whether an alien applying for
a state or local public benefit is a qualified alien, a nonimmigrant under
397
this title, or an alien paroled into the United States under section 6121 of
this title for less than one year.
(b) STATE COMPLIANCE.—No later than 24 months after the date the
regulations described in subsection (a) are adopted, a State that administers
a program that provides a federal public benefit shall have in effect a ver-
ification system that complies with the regulations.
§ 15162. Nonprofit charitable organizations not required to
verify eligibility for federal public benefits or
State or local public benefits
Subject to section 15161(a) of this title, a nonprofit charitable organiza-
tion, in providing any federal public benefit or any state or local public ben-
efit (as defined in section 15141 of this title), is not required under this
chapter to determine, verify, or otherwise require proof of eligibility of any
applicant for the benefits.
§ 15163. Communication between State and local govern-
mental entities and the Immigration and Natu-
ralization Service
Notwithstanding any other provision of federal, state, or local law, a state
or local governmental entity may not be prohibited, or in any way restricted,
from sending to, or receiving from, the Immigration and Naturalization
Service information about the immigration status, lawful or unlawful, of an
alien in the United States.
§ 15164. Notification and information reporting
Each federal department, agency, or instrumentality that administers a
program to which subchapter II of this chapter applies shall, directly or
through the States, post information and provide general notification to the
public and to program recipients of changes in program eligibility under
subchapter II.
SUBCHAPTER V—MISCELLANEOUS
§ 15181. Statutory construction
(a) LIMITATION.—(1) Nothing in this chapter may be construed as an
entitlement or a determination of an individual’s eligibility or fulfillment of
the requisite requirements for any federal, state, or local governmental pro-
gram, assistance, or benefits. For purposes of this chapter, eligibility relates
only to the general issue of eligibility or ineligibility on the basis of alienage.
(2) Nothing in this chapter may be construed as addressing alien eligi-
bility for a basic public education as determined by the Supreme Court in
Plyler v. Doe, 457 U.S. 202 (1982).
(b) APPLICABLE ONLY TO ALIENS PRESENT IN UNITED STATES.—The
limitations on eligibility for benefits under this chapter do not apply to the
398
eligibility for benefits of an alien who is not residing, or present, in the
United States with respect to—
(1) wages, pensions, annuities, and other earned payments to which
the alien is entitled resulting from employment, by or on behalf of a
federal, state, or local government agency, that was not prohibited
under this title during the period of the employment or service; or
(2) benefits under laws administered by the Secretary of Veterans
Affairs.
(c) NOT APPLICABLE TO FOREIGN ASSISTANCE.—This chapter does not
apply to any federal, state, or local governmental program, assistance, or
benefits provided to an alien under any program of foreign assistance as de-
termined by the Secretary of State in consultation with the Attorney Gen-
eral.
§ 15182. Qualifying quarters of coverage under the Social
Security Act
(a) CREDITING QUARTERS FROM PARENT OR SPOUSE.—For purposes of
this chapter, in determining the number of qualifying quarters of coverage
under title II of the Social Security Act (42 U.S.C. 401 et seq.), an alien
shall be credited with—
(1) all the qualifying quarters of coverage worked by a parent of the
alien before the date on which the alien attains 18 years of age; and
(2) all the qualifying quarters of coverage worked by the spouse of
the alien during their marriage if—
(A) the alien remains married to the spouse; or
(B) the spouse is deceased.
(b) LIMITATION.—A qualifying quarter of coverage that is creditable
under title II of the Social Security Act (42 U.S.C. 401 et seq.) for a period
beginning after December 31, 1996, may not be credited to an alien under
subsection (a) of this section if the parent or spouse of the alien received
a federal means-tested public benefit (as provided under section 15124 of
this title) during the period for which the qualifying quarter is credited.
(c) AUTHORIZATION TO DISCLOSE INFORMATION.—Notwithstanding sec-
tion 6103 of the Internal Revenue Code of 1986 (26 U.S.C. 6103), the
Commissioner of Social Security may disclose quarters of coverage informa-
tion about an alien and an alien’s spouse or parents to a government agency
for the purposes of this chapter.
§ 15183. Child nutrition programs
(a) SCHOOL LUNCH AND BREAKFAST PROGRAMS.—Notwithstanding any
other provision of this chapter, an individual who is eligible to receive free
public education benefits under state or local law is not ineligible to receive
benefits provided under the school lunch program under the National School
399
Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program under
section 4 of the Child Nutrition Act of 1966 (42 U.S.C. 1773) on the basis
of citizenship, alienage, or immigration status.
(b) OTHER PROGRAMS.—This chapter does not prohibit or require a
State to provide, to an individual who is not a citizen or a qualified alien,
benefits under any of the following programs or provisions of law:
(1) Programs (except the school lunch program and the school
breakfast program) under the National School Lunch Act (42 U.S.C.
1751 et seq.) and the Child Nutrition Act of 1966 (42 U.S.C. 1771
et seq.).
(2) Section 4 of the Agriculture and Consumer Protection Act of
1973 (7 U.S.C. 612c note).
(3) The Emergency Food Assistance Act of 1983 (7 U.S.C. 612c
note).
(4) The food distribution program on Indian reservations established
under section 4(b) of the Food Stamp Act of 1977 (7 U.S.C. 2013(b)).
SUBTITLE V—CITIZENSHIP AND NATIONALITY
CHAPTER
Sec.
201.
CITIZENSHIP AND NATIONALITY AT BIRTH AND COLLECTIVE
NATURALIZATION.
20101
203.
NATURALIZATION ELIGIBILITY ..............................................................
20301
205.
NATURALIZATION PROCEDURE ..............................................................
20501
207.
LOSS OF NATIONALITY ..............................................................................
20701
209.
NATIONALITY DOCUMENTS .....................................................................
20901
211.
MISCELLANEOUS .........................................................................................
21101
CHAPTER 201—CITIZENSHIP AND NATIONALITY AT
BIRTH AND COLLECTIVE NATURALIZATION
Sec.
20101.
Individuals born in the United States.
20102.
Individuals born in American Samoa.
20103.
Individuals found in the United States or American Samoa.
20104.
Individuals born outside the United States and American Samoa.
20105.
Individuals born out of wedlock.
20106.
Individuals born in the Republic of Panama or the Canal Zone.
20107.
Noncitizen Indians born in Alaska after March 29, 1867, and before June 2, 1924.
20108.
Citizens of the Republic of Hawaii and individuals born in Hawaii after August 11,
1898, and before April 30, 1900.
20109.
Individuals residing in or born in Guam after April 10, 1899, and before August 1,
1950.
20110.
Individuals born in Puerto Rico after April 10, 1899, and before January 13, 1941.
20111.
Individuals born in or residing in the Virgin Islands after January 17, 1917, and be-
fore June 28, 1932.
§ 20101. Individuals born in the United States
(a) CITIZEN AT BIRTH.—The following individuals are citizens of the
United States at birth:
(1) An individual born in, and subject to the jurisdiction of, the
United States.
400
(2) An individual born in the United States to a member of an In-
dian, Eskimo, Aleutian, or other aboriginal tribe.
(b) PROPERTY RIGHTS NOT AFFECTED.—Subsection (a)(2) of this sec-
tion does not affect property rights.
§ 20102. Individuals born in American Samoa
(a) CITIZEN AT BIRTH.—An individual born in American Samoa is a citi-
zen of the United States at birth if one of the individual’s parents is a citi-
zen of the United States who was physically present in the United States
or American Samoa for at least one continuous year before the individual’s
birth.
(b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—An individual born in
American Samoa who is not a citizen of the United States at birth under
subsection (a) of this section is a national, but not a citizen, of the United
States at birth.
§ 20103. Individuals found in the United States or American
Samoa
(a) CITIZEN AT BIRTH.—An individual of unknown parents found in the
United States before becoming 5 years of age is a citizen of the United
States at birth unless shown, before the individual becomes 21 years of age,
that the individual was not born in the United States.
(b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—An individual of unknown
parents found in American Samoa before becoming 5 years of age is a na-
tional, but not a citizen, of the United States at birth unless shown, before
the individual becomes 21 years of age, that the individual was not born
in American Samoa.
§ 20104. Individuals born outside the United States and
American Samoa
(a) CITIZEN AT BIRTH.—An individual born outside the United States
and American Samoa is a citizen of the United States at birth if—
(1) both parents are citizens of the United States and at least one
parent had a residence in the United States or American Samoa before
the individual’s birth;
(2) one parent is a national, but not a citizen, of the United States
and the other parent is a citizen of the United States who was phys-
ically present in the United States or American Samoa for at least one
continuous year before the individual’s birth; or
(3) one parent is an alien and the other parent is a citizen of the
United States who, before the individual’s birth, was physically present
in the United States or American Samoa for at least 5 years, at least
2 of which were after the citizen parent became 14 years of age.
401
(b) NATIONAL, BUT NOT CITIZEN, AT BIRTH.—(1) An individual born
outside the United States and American Samoa is a national, but not a citi-
zen, of the United States at birth if—
(A) both parents are nationals, but not citizens, of the United States
who had a residence in the United States or American Samoa before
the individual’s birth; or
(B) one parent is an alien and the other parent is a national, but
not a citizen, of the United States who, before the individual’s birth,
was physically present in the United States or American Samoa for at
least 7 years in any continuous 10–year period—
(i) during which the national parent was not outside the United
States and American Samoa for more than one continuous year;
and
(ii) at least 5 years of which were after the national parent be-
came 14 years of age.
(2) An individual born before August 27, 1986, is a national, but not a
citizen, of the United States under paragraph (1)(B) of this subsection only
as of the date the individual satisfies the Secretary of State that the individ-
ual meets the requirements of paragraph (1)(B).
(c) TIME OUTSIDE THE UNITED STATES INCLUDED IN PERIOD OF PRES-
ENCE.—In subsections (a)(3) and (b)(1)(B) of this section, the period of
physical presence includes, for an individual born after December 23, 1952,
any period the citizen parent or national parent spent outside the United
States and American Samoa—
(1) serving honorably in the armed forces of the United States or
employed by the Federal Government or an international organization;
or
(2) as a dependent unmarried son or daughter and member of the
household of an individual serving honorably in the armed forces or em-
ployed by the Government or an international organization.
(d) INDIVIDUAL BORN BETWEEN 1941 AND 1952.—Subsection (a)(3) of
this section also applies to an individual if—
(1) the individual was born outside the United States and American
Samoa after January 12, 1941, and before December 24, 1952;
(2) one of the individual’s parents is a citizen of the United States
who served in the armed forces of the United States after December
31, 1946, and before December 24, 1952; and
(3) the individual did not become a citizen under section 201(g) or
(i) of the Nationality Act of 1940 (ch. 876, 54 Stat. 1139).
(e) INDIVIDUAL BORN BEFORE MAY 24, 1934, WHOSE MOTHER WAS
CITIZEN.—(1) An individual is a citizen of the United States at birth if—
402
(A) the individual was born before noon (Eastern Standard Time)
May 24, 1934, outside the limits and jurisdiction of the United States;
(B) the individual’s father was an alien; and
(C) the individual’s mother was a citizen of the United States at the
time of the individual’s birth and had resided in the United States be-
fore the individual’s birth.
(2) When an individual is claiming citizenship of the United States based
on descent from an individual described in paragraph (1) of this subsection,
any law that provided for loss of citizenship or nationality for failure to
come to, reside in, or be physically present in the United States does not
apply, including—
(A) the provisos of section 201(g) of the Nationality Act of 1940 (ch.
876, 54 Stat. 1139); and
(B) section 301(b) of the Immigration and Nationality Act (ch. 477,
66 Stat. 236) as in effect before October 10, 1978.
(3)(A) Except as provided in subparagraphs (B) and (C) of this para-
graph, the immigration laws of the United States shall be applied to an in-
dividual as though paragraphs (1) and (2) of this subsection had been in
effect on the date of the individual’s birth.
(B) Retroactive application of paragraphs (1) and (2) of this subsection
does not affect the citizenship of an individual who obtained citizenship
under section 1993 of the Revised Statutes as in effect before May 24,
1934.
(C) Retroactive application of paragraphs (1) and (2) of this subsection
does not confer citizenship on, or affect the validity of any denaturalization,
exclusion, deportation, or removal action against, an individual who—
(i) is ineligible for admission to the United States under section
6311 of this title or was excludable from the United States under any
predecessor provision; or
(ii) was excluded from, or would have been ineligible for admission
to, the United States under the Displaced Persons Act of 1948 (ch.
647, 62 Stat. 1009) or section 14 of the Refugee Relief Act of 1953
(ch. 336, 67 Stat. 406).
(4) This subsection does not affect the application of any provision of law
related to residence or physical presence in the United States for purposes
of granting United States citizenship to an individual whose claim is based
on paragraph (1) of this subsection or through whom the claim is derived.
§ 20105. Individuals born out of wedlock
(a) NATIONALITY AT BIRTH THROUGH MOTHER.—An individual born out
of wedlock outside the United States after December 23, 1952, is—
403
(1) a citizen of the United States at birth if the mother is a citizen
of the United States who was physically present in the United States
or American Samoa for at least one continuous year before the individ-
ual’s birth; or
(2) a national, but not a citizen, of the United States at birth if the
mother is a national, but not a citizen, of the United States who was
physically present in the United States or American Samoa for at least
one continuous year before the individual’s birth.
(b) NATIONALITY AT BIRTH THROUGH FATHER.—(1) Sections 20102(a)
and 20104(a), (b)(1)(A), and (c) of this title apply to an individual born
out of wedlock after December 23, 1952, if—
(A) a blood relationship between the individual and the father is es-
tablished by clear and convincing evidence;
(B) the father—
(i) is a citizen of the United States or a national, but not a citi-
zen, of the United States when the individual is born; and
(ii) if alive when the individual is born, agrees in writing to pro-
vide financial support for the individual until the individual is 18
years of age; and
(C) before the individual becomes 18 years of age—
(i) the individual is legitimated under the law of the individual’s
residence or domicile;
(ii) the father acknowledges paternity in writing under oath; or
(iii) a court of competent jurisdiction establishes paternity.
(2) Section 20104(a)(3) and (c) of this title applies to an individual born
out of wedlock after January 12, 1941, and before December 24, 1952, if
paternity is established and the individual is legitimated before becoming 21
years of age.
§ 20106. Individuals born in the Republic of Panama or the
Canal Zone
(a) INDIVIDUAL BORN IN REPUBLIC OF PANAMA.—An individual born in
the Republic of Panama after February 25, 1904, is a citizen of the United
States at birth if one parent is a citizen of the United States employed by
the Federal Government or the Panama Canal Commission or its successor
when the individual is born.
(b) INDIVIDUAL BORN IN CANAL ZONE.—An individual born in the Canal
Zone after February 25, 1904, and before October 1, 1979, is a citizen of
the United States at birth if one parent was a citizen of the United States
when the individual was born.
404
§ 20107. Noncitizen Indians born in Alaska after March 29,
1867, and before June 2, 1924
A noncitizen Indian born in Alaska after March 29, 1867, and before
June 2, 1924, is a citizen of the United States as of June 2, 1924.
§ 20108. Citizens of the Republic of Hawaii and individuals
born in Hawaii after August 11, 1898, and before
April 30, 1900
The following individuals are citizens of the United States as of April 30,
1900:
(1) a citizen of the Republic of Hawaii on August 12, 1898.
(2) an individual born in Hawaii after August 11, 1898, and before
April 30, 1900.
§ 20109. Individuals residing in or born in Guam after April
10, 1899, and before August 1, 1950
(a) CITIZENSHIP.—Except as provided in this section, the following indi-
viduals are citizens of the United States as of August 1, 1950:
(1) a Spanish subject or an individual born in Guam who resided in
Guam on April 11, 1899, and continued to reside in the United States
or a territory or possession of the United States through August 1,
1950.
(2) an individual born after April 11, 1899, and before August 1,
1950, whose parents are citizens under clause (1) of this subsection.
(3) an individual born in Guam after April 10, 1899, and before Au-
gust 1, 1950, and subject to the jurisdiction of the United States.
(b) INDIVIDUAL WHO TOOK AFFIRMATIVE STEP TO PRESERVE OR AC-
QUIRE NATIONALITY OF A FOREIGN COUNTRY.—Subsection (a) of this sec-
tion does not apply to an individual who took an affirmative step to preserve
or acquire the nationality of a foreign country before August 1, 1950.
(c) INDIVIDUAL WHO DECLARED DESIRE TO REMAIN A NATIONAL OF
A FOREIGN COUNTRY.—An individual under this section who was a national
of a foreign country before August 1, 1950, and who declared under oath
before August 1, 1952, in a way prescribed by the Attorney General, a de-
sire to remain a national of the foreign country is not a national of the
United States as of the date the declaration is made.
§ 20110. Individuals born in Puerto Rico after April 10, 1899,
and before January 13, 1941
An individual is a citizen of the United States as of January 13, 1941,
if the individual was—
(1) born in Puerto Rico after April 10, 1899, and before January
13, 1941;
(2) subject to the jurisdiction of the United States; and
405
(3) residing in the United States or a territory or possession of the
United States on January 13, 1941.
§ 20111. Individuals born in or residing in the Virgin Islands
after January 17, 1917, and before June 28, 1932
The following individuals are citizens of the United States as of February
25, 1927:
(1) an individual born in the Virgin Islands who—
(A) resided in the Virgin Islands on January 17, 1917, resided
in the United States on February 25, 1927, and was not a citizen
or subject of a foreign country on February 25, 1927;
(B) resided in the United States on January 17, 1917, resided
in the Virgin Islands on February 25, 1927, and was not a citizen
or subject of a foreign country on February 25, 1927;
(C) resided in the continental United States or a territory or
possession of the United States on June 28, 1932, and was not
a citizen or subject of a foreign country on June 28, 1932; or
(D) after January 16, 1917, and before February 25, 1927, was
subject to the jurisdiction of the United States.
(2) a citizen of Denmark who—
(A) resided in the Virgin Islands on January 17, 1917;
(B) resided in the United States on February 25, 1927; and
(C) did not make the declaration to preserve Danish citizenship
under article 6 of the treaty of August 4, 1916, between the Unit-
ed States and Denmark, or made the declaration and renounced
it, or renounces it by a declaration before a court of record.
(3) an individual born after January 17, 1917, and before February
25, 1927, whose parents are citizens of the United States under clause
(1) or (2) of this section.
CHAPTER 203—NATURALIZATION ELIGIBILITY
SUBCHAPTER I—ELIGIBILITY
Sec.
20301.
General requirements.
20302.
Temporary absences for certain employment.
20303.
Temporary absences to perform religious functions.
20304.
Individuals married to citizens of the United States.
20305.
Children born of an alien parent and a citizen parent.
20306.
Children born of alien parents or a parent who lost citizenship.
20307.
Children having a citizen parent at time of application.
20308.
Disabled and elderly individuals.
20309.
Individuals employed by United States nonprofit organizations disseminating informa-
tion.
20310.
Individuals making extraordinary contributions to the security of the United States.
20311.
Spouses and children of aliens who participated in United States intelligence activi-
ties.
20312.
Individuals with service on American vessels.
20313.
Individuals with 3 years of service in the armed forces.
20314.
Individuals with service in the armed forces during war or military hostilities.
406
20315.
Posthumous naturalization of individuals who die during service in the armed forces
during war or military hostilities.
20316.
Individuals who lost citizenship by entering the armed forces of a foreign country.
20317.
Alien enemies.
20318.
Individuals born outside the United States who lost citizenship by not coming to the
United States.
20319.
Women who lost citizenship through marriage.
20320.
Nationals residing in American Samoa.
20321.
Philippine citizens who entered before May 1, 1934.
SUBCHAPTER II—INELIGIBILITY
20331.
Individuals dangerous to the welfare, safety, and security of the United States.
20332.
Deserters and draft evaders.
20333.
Aliens exempted or discharged from the armed forces or the National Security Train-
ing Corps.
SUBCHAPTER I—ELIGIBILITY
§ 20301. General requirements
(a) NATURALIZATION REQUIREMENTS.—Except as otherwise provided, an
individual may be naturalized as a citizen of the United States only if the
individual satisfies the following requirements:
(1) The individual must be at least 18 years of age when the applica-
tion for naturalization is filed.
(2) The individual must be lawfully admitted for permanent resi-
dence.
(3) The individual must have resided in the United States, after
being lawfully admitted for permanent residence, continuously for at
least 5 years immediately before filing the application.
(4) The individual must have been physically present in the United
States for at least half of the 5 years immediately before filing the ap-
plication.
(5) The individual must have resided in the State or district of the
Immigration and Naturalization Service in the United States in which
the application is filed for at least 3 months immediately before filing
the application.
(6) The individual must reside in the United States continuously
from the date of filing the application through the time the individual
is naturalized.
(7) The individual must be able to demonstrate an understanding of
the English language, including the ability to speak words in ordinary
usage and the ability to read and write simple words and phrases in
ordinary usage, without extraordinary or unreasonable conditions being
required.
(8) The individual must be able to demonstrate knowledge and un-
derstanding of the fundamentals of the history, and of the principles
and form of government, of the United States.
407
(9) The individual must have been of good moral character, attached
to the principles of the Constitution, and well disposed to the good
order and happiness of the United States for at least 5 years imme-
diately before filing the application, and remain so from the date of fil-
ing the application through the time the individual is naturalized.
(b) CONDUCT MORE THAN 5 YEARS BEFORE APPLICATION FILED.—
Conduct more than 5 years before an application is filed may be considered
in deciding whether an individual satisfies the requirements of subsection
(a)(9) of this section.
(c) TEMPORARY ABSENCES.—(1) An absence from the United States of
not more than 6 months does not break the continuity of residence required
under subsection (a) of this section.
(2) An absence of more than 6 months but less than one year breaks the
continuity of residence, unless the individual satisfies the Attorney General
that the individual did not abandon residence in the United States during
the absence.
(3) Except as otherwise provided, an absence of one year breaks the con-
tinuity of residence.
(d) PROHIBITION ON DISCRIMINATION.—The right of an individual to be
naturalized as a citizen of the United States may not be denied or abridged
because of race or sex or because the individual is married.
§ 20302. Temporary absences for certain employment
(a) RESIDENCE.—An individual temporarily absent from the United
States (even though for a year or more) is deemed to be residing in the
United States under section 20301(a)(3) and (6) of this title during the ab-
sence if—
(1) the individual has resided and been physically present in the
United States, after being lawfully admitted for permanent residence,
continuously for at least one year;
(2) after the one-year period described in clause (1) of this sub-
section—
(A) the individual is employed by or under a contract with the
Federal Government;
(B) the individual is employed by or under a contract with, and
carrying out scientific research for, a United States research insti-
tution recognized by the Attorney General;
(C)(i) the individual is employed by a United States firm or cor-
poration developing foreign trade and commerce of the United
States, or by a subsidiary of the firm or corporation more than
50 percent of the stock of which is owned by the firm or corpora-
tion; and
408
(ii) the individual is developing foreign trade and commerce of
the United States or the individual’s residence outside the United
States is necessary to protect the property rights of the firm or
corporation in a foreign country; or
(D) the individual—
(i) is employed by a public international organization of
which the United States is a member by treaty or law; and
(ii) was not employed by the organization until after being
lawfully admitted for permanent residence;
(3) before beginning the employment and before the end of one year
of continuous absence from the United States, the individual satisfies
the Attorney General that the absence will be for a purpose described
in clause (2) of this subsection; and
(4) the individual satisfies the Attorney General that the absence
was for the purpose for which the absence was approved.
(b) PHYSICAL PRESENCE.—(1) Except as provided in paragraph (2) of
this subsection, an individual satisfying subsection (a) of this section still
must satisfy the physical presence requirement of section 20301(a)(4) of
this title.
(2) An individual employed by or under a contract with the Government
and satisfying subsection (a) of this section does not have to satisfy the
physical presence requirement of section 20301(a)(4) of this title.
(3) An individual employed by or under a contract with the Central Intel-
ligence Agency may satisfy the physical presence requirement of subsection
(a)(1) of this section by physical presence at any time before filing the ap-
plication for naturalization.
(c) SPOUSES, UNMARRIED SONS, AND UNMARRIED DAUGHTERS.—A
spouse, unmarried son, or unmarried daughter of an individual satisfying
subsection (a) of this section is entitled to the same benefits under sub-
section (a) as the individual during the period the spouse, son, or daughter
resided outside the United States as a dependent member of the household
of the individual.
§ 20303. Temporary absences to perform religious functions
An individual temporarily absent from the United States is deemed to be
residing and physically present in the United States under section
20301(a)(3), (4), and (6) of this title during the absence if the individual—
(1) has resided and been physically present in the United States,
after being lawfully admitted for permanent residence, continuously for
at least one year before filing the application for naturalization;
409
(2)(A) is authorized to perform the ministerial or priestly functions
of a religious denomination having a bona fide organization in the
United States; or
(B) is serving only as a missionary, brother, nun, or sister of a reli-
gious denomination or an interdenominational mission organization
having an organization in the United States; and
(3) satisfies the Attorney General that the absence was only to per-
form the functions or service described in clause (2) of this section.
§ 20304. Individuals married to citizens of the United States
(a) GENERAL.—An individual married to a citizen of the United States
may be naturalized without regard to section 20301(a)(3) or (4) of this title
if the individual—
(1) resided in the United States, after being lawfully admitted for
permanent residence, continuously for at least 3 years immediately be-
fore filing the application for naturalization;
(2) lived in marriage with the citizen spouse for the 3-year period,
with the spouse being a citizen during all of that period; and
(3) was physically present in the United States for at least half of
the 3-year period.
(b) CITIZEN SPOUSES EMPLOYED OUTSIDE UNITED STATES.—An indi-
vidual married to a citizen of the United States may be naturalized without
regard to section 20301(a) (3)–(6) of this title if—
(1) the citizen spouse is—
(A) employed by the Federal Government;
(B) employed by a United States research institution recognized
by the Attorney General;
(C) employed by a United States firm or corporation developing
foreign trade and commerce of the United States or by a subsidi-
ary of the firm or corporation;
(D) employed by a public international organization of which
the United States is a member by treaty or law;
(E) authorized to perform the ministerial or priestly functions
of a religious denomination having a bona fide organization in the
United States; or
(F) serving only as a missionary of a religious denomination or
an interdenominational mission organization having a bona fide
organization in the United States;
(2) the citizen spouse is regularly stationed outside the United States
in the employment or activity described in clause (1) of this subsection;
(3) the individual declares in good faith to the Attorney General an
intention to reside in the United States immediately after the employ-
410
ment or activity of the citizen spouse outside the United States ends;
and
(4) the individual is in the United States at the time of naturaliza-
tion.
(c) SURVIVING SPOUSES OF CITIZENS IN ARMED FORCES.—(1) An indi-
vidual may be naturalized without regard to section 20301(a) (3)–(6) of this
title if—
(A) the individual is the surviving spouse of a citizen of the United
States who died when serving honorably on active duty in the armed
forces of the United States; and
(B) the individual and the citizen spouse were living in marriage at
the time of the death.
(2) This subsection does not apply to an individual who is the surviving
spouse of a citizen granted citizenship posthumously under section 20315
of this title.
§ 20305. Children born of an alien parent and a citizen par-
ent
(a) GENERAL.—A child born outside the United States, one of whose par-
ents at the time of the child’s birth was an alien and the other of whose
parents at the time of the child’s birth was a citizen of the United States
and remains a citizen, is naturalized as a citizen of the United States when
the following events occur, if they occur before the child becomes 18 years
of age:
(1) The alien parent is naturalized.
(2) The child begins residing in the United States after being law-
fully admitted for permanent residence.
(b) ADOPTED CHILD.—Subsection (a) of this section applies to an adopt-
ed child only if the child, at the time of the naturalization of the alien par-
ent, is—
(1) in the custody of the adoptive parents; and
(2) residing in the United States after being lawfully admitted for
permanent residence.
§ 20306. Children born of alien parents or a parent who lost
citizenship
(a) GENERAL.—A child born outside the United States of alien parents,
or of one alien parent and one parent who was a citizen of the United
States at the time of the child’s birth but later lost citizenship, is natural-
ized as a citizen of the United States when the following events occur, if
they before the child becomes 18 years of age:
(1)(A) Both parents are naturalized;
(B) the surviving parent is naturalized if one parent is deceased;
411
(C) the parent with legal custody is naturalized if the parents are
legally separated; or
(D) the mother is naturalized if the child was born out of wedlock
and paternity is not established by legitimation.
(2) The child begins residing in the United States after being law-
fully admitted for permanent residence.
(b) ADOPTED CHILD.—Subsection (a) of this section applies to an adopt-
ed child only if the child, at the time of the naturalization of the alien par-
ent or parents, is—
(1) in the custody of the adoptive parents; and
(2) residing in the United States after being lawfully admitted for
permanent residence.
§ 20307. Children having a citizen parent at time of applica-
tion
(a) FILING OF APPLICATION.—A parent who is a citizen of the United
States may file an application with the Attorney General for a certificate
of citizenship for a child born outside the United States. The application
may be filed outside the United States.
(b) REQUIREMENTS.—The Attorney General shall approve the application
if satisfied that—
(1) the parent is a citizen of the United States;
(2) the child is—
(A) less than 18 years of age;
(B) lawfully admitted to, and physically present in, the United
States; and
(C) in the legal custody of the citizen parent;
(3) if the child is adopted, the child—
(A) was adopted under 16 years of age by the citizen parent;
and
(B) meets the requirements of section 108(a) (5) or (6) of this
title; and
(4) if the citizen parent has not been physically present in the Unit-
ed States or American Samoa for at least 5 years, at least 2 of which
were after becoming 14 years of age—
(A) the child is residing permanently in the United States with
the citizen parent after being lawfully admitted for permanent res-
idence; or
(B) a citizen parent of the citizen parent has been physically
present in the United States or American Samoa for at least 5
years, at least 2 of which were after becoming 14 years of age.
412
(c) OATH.—The child must take, and sign, in front of an immigration
officer in the United States the oath required by section 20509 of this title,
unless waived under section 20509(c).
(d) CERTIFICATE OF CITIZENSHIP.—When the requirements of this sec-
tion are met, the child becomes a citizen of the United States and shall be
issued a certificate of citizenship by the Attorney General.
§ 20308. Disabled and elderly individuals
(a) DISABLED INDIVIDUALS.—An individual may be naturalized without
regard to section 20301(a) (7) or (8) of this title if the individual is unable
to satisfy those requirements because of physical or developmental disability
or mental impairment.
(b) ELDERLY INDIVIDUALS.—(1) An individual may be naturalized with-
out regard to section 20301(a)(7) of this title if, on the date the application
for naturalization is filed, the individual is—
(A) at least 50 years of age and has lived in the United States for
at least 20 years after being lawfully admitted for permanent residence;
or
(B) at least 55 years of age and has lived in the United States for
at least 15 years after being lawfully admitted for permanent residence.
(2) The Attorney General shall prescribe regulations providing for special
consideration (as decided by the Attorney General) in satisfying section
20301(a)(8) of this title for an individual who, on the date the application
for naturalization is filed, is at least 65 years of age and has lived in the
United States for at least 20 years after being lawfully admitted for perma-
nent residence.
§ 20309. Individuals employed by United States nonprofit or-
ganizations disseminating information
An individual may be naturalized without regard to section 20301(a)(3)–
(6) of this title if the individual—
(1) is employed by a nonprofit organization incorporated in the Unit-
ed States that is principally engaged outside the United States in dis-
seminating, through communication media, information significantly
promoting United States interests outside the United States and that
is recognized by the Attorney General;
(2) has been employed by the organization continuously for at least
5 years after being lawfully admitted for permanent residence;
(3) files the application for naturalization when employed by the or-
ganization or within 6 months after ending the employment;
(4) is in the United States at the time of naturalization; and
(5) declares in good faith to the Attorney General an intention to
reside in the United States immediately after the employment ends.
413
§ 20310. Individuals making extraordinary contributions to
the security of the United States
(a) RESIDENCE AND PHYSICAL PRESENCE.—(1) An individual may be
naturalized without regard to section 20301(a) (3)–(6) of this title if—
(A) the Director of Central Intelligence, the Attorney General, and
the Commissioner of Immigration and Naturalization decide that the
individual has made an extraordinary contribution to the security of the
United States or to the conduct of United States intelligence activities;
and
(B) the individual resides in the United States continuously for at
least one year before being naturalized.
(2) This section does not apply to an individual described in section
5106(b)(2) (A)–(E) of this title.
(b) NONAPPLICATION OF CERTAIN GROUNDS OF INADMISSIBILITY.—Sec-
tion 20331 of this title does not apply to an individual described in sub-
section (a) of this section.
(c) ADMINISTRATION OF OATH.—An applicant for naturalization under
this section may be administered the oath required by section 20509 of this
title by any district court of the United States, without regard to the resi-
dence of the applicant. A proceeding under this subsection shall be con-
ducted in a manner consistent with the protection of intelligence sources,
methods, and activities.
(d) NUMERICAL LIMIT.—Not more than 5 individuals may be naturalized
in a fiscal year under this section.
(e) NOTICE TO CONGRESSIONAL COMMITTEES.—The Director shall in-
form the Select Committee on Intelligence and the Committee on the Judici-
ary of the Senate and the Permanent Select Committee on Intelligence and
the Committee on the Judiciary of the House of Representatives within a
reasonable time before an application is filed under this section.
§ 20311. Spouses and children of aliens who participated in
United States intelligence activities
(a) DEFINITIONS.—In this section—
(1) ‘‘child’’ has the same meaning given that term in section
108(b)(1) (A)–(E) of this title, without regard to age or marital status.
(2) ‘‘spouse’’ means the wife or husband of a deceased alien referred
to in subsection (b) of this section who was married to the alien during
the time the alien participated in the conduct of United States intel-
ligence activities.
(b) RESIDENCE AND PHYSICAL PRESENCE.—(1) An individual may be
naturalized without regard to section 20301(a) (3)–(6) of this title if—
414
(A) the individual is the spouse or child of a deceased alien whose
death resulted from the intentional and unauthorized disclosure of clas-
sified information regarding the alien’s participation in the conduct of
United States intelligence activities;
(B) after being lawfully admitted for permanent residence, the indi-
vidual resides in the United States continuously for at least one year
before being naturalized; and
(C) the Director of Central Intelligence, the Attorney General, and
the Commissioner of Immigration and Naturalization approve.
(2) This section does not apply to an individual described in section
5106(b)(2) (A)–(E) of this title.
(c) NONAPPLICATION OF CERTAIN GROUNDS OF INADMISSIBILITY.—Sec-
tion 20331 of this title does not apply to an individual described in sub-
section (b) of this section.
(d) ADMINISTRATION OF OATH.—An applicant for naturalization under
this section may be administered the oath required by section 20509 of this
title by the Attorney General or any district court of the United States,
without regard to the residence of the applicant. A proceeding under this
subsection shall be conducted in a manner consistent with the protection of
intelligence sources, methods, and activities.
§ 20312. Individuals with service on American vessels
(a) DEFINITION.—In this section, ‘‘American vessel’’ means a vessel—
(1)(A) operated by the Federal Government; and
(B) the full legal and equitable title to which is held by the Govern-
ment; or
(2)(A) whose home port is in the United States; and
(B)(i) documented under chapter 121 of title 46; or
(ii) the full legal and equitable title to which is held by a citizen of
the United States or a corporation organized under the laws of a State.
(b) RESIDENCE AND PHYSICAL PRESENCE.—An individual serving honor-
ably or with good conduct in any capacity (except as a member of the armed
forces of the United States) on an American vessel is deemed to be residing
and physically present in the United States under section 20301(a) (3), (4),
and (6) of this title during the period of service if the service is—
(1) after the individual has been lawfully admitted for permanent
residence; and
(2) within 5 years immediately before the date the individual files
an application for naturalization.
(c) PROOF OF SERVICE ON VESSEL.—Service on a vessel described in
subsection (a)(1) of this section shall be proved by a certificate from the
department, agency, or instrumentality in the executive branch of the Gov-
415
ernment having custody of the records of the service. Service on a vessel
described in subsection (a)(2) of this section may be proved by a certificate
from the master of the vessel.
§ 20313. Individuals with 3 years of service in the armed
forces
(a) RESIDENCE AND PHYSICAL PRESENCE.—(1) Except as provided in
paragraph (2) of this subsection, an individual may be naturalized without
regard to section 20301(a) (3)–(5) of this title if the individual—
(A) has served honorably in the armed forces of the United States
for periods totaling at least 3 years;
(B) has never been discharged from the service except honorably;
and
(C) files an application for naturalization when still in the service or
within 6 months after being discharged from the service.
(2) If the service was not continuous, the individual must establish the
individual’s residence in the United States and the State or district of the
Immigration and Naturalization Service in the United States in which the
application is filed for—
(A) any period between periods of service during the 5 years imme-
diately before filing the application; and
(B) any period between the end of the individual’s service and the
filing of the application.
(b) PROOF OF HONORABLE SERVICE.—(1) Before a hearing on the indi-
vidual’s application, the individual shall provide the Attorney General with
a certificate from the appropriate executive department of the Federal Gov-
ernment showing that—
(A) the individual served honorably during all periods on which the
individual relies for naturalization under this section; and
(B) the individual has never been discharged from the service except
honorably.
(2) A certificate under paragraph (1) of this subsection is conclusive evi-
dence of the service and discharge.
(c) PROOF OF GOOD MORAL CHARACTER, ATTACHMENT TO PRINCIPLES,
AND FAVORABLE DISPOSITION.—Proof of honorable service under this sec-
tion is proof that the individual was of good moral character, attached to
the principles of the Constitution of the United States, and well disposed
to the good order and happiness of the United States during the period of
the service.
(d) EFFECT OF FINDING OF DEPORTABILITY.—Notwithstanding section
20504(b) of this title, an individual may be naturalized immediately under
this section if the individual is in the armed forces when being naturalized
416
and was examined by a representative of the Service before filing an appli-
cation for naturalization.
(e) APPLICATIONS FILED MORE THAN 6 MONTHS AFTER DISCHARGE.—
An individual who satisfies subsection (a)(1)(A) and (B) of this section, but
files an application for naturalization more than 6 months after being dis-
charged, is deemed to be residing and physically present in the United
States during any periods of service within 5 years immediately before filing
the application.
§ 20314. Individuals with service in the armed forces during
war or military hostilities
(a) GENERAL.—Notwithstanding sections 20317 and 20504(b) of this
title, an individual may be naturalized without regard to section
20301(a)(1) and (3)–(6) of this title if—
(1) the individual served honorably on active duty in the armed
forces of the United States as an alien or as a national, but not a citi-
zen, of the United States at any time during a period—
(A) from April 6, 1917, through November 11, 1918;
(B) from September 1, 1939, through December 31, 1946;
(C) from June 25, 1950, through July 1, 1955;
(D) from February 28, 1961, through October 15, 1978; or
(E) the President designates by executive order as a period in
which the armed forces are engaged in military operations involv-
ing armed conflict with a hostile foreign force;
(2) the individual was—
(A) in the United States or American Samoa at the time of en-
listment or induction into the armed forces;
(B) in the Canal Zone at the time of enlistment or induction
if the enlistment or induction was before October 1, 1979; or
(C) lawfully admitted for permanent residence after the enlist-
ment or induction; and
(3) the individual, if discharged from the armed forces, was dis-
charged honorably.
(b) SERVICE IN REGULAR ARMY UNDER THE ACT OF JUNE 30, 1950.—
(1) Notwithstanding sections 20317 and 20504(b) of this title, an individual
may be naturalized without regard to section 20301(a)(1) and (3)–(6) of
this title if the individual—
(A) enlisted or re-enlisted as an alien in the Regular Army under
the Act of June 30, 1950 (ch. 443, 64 Stat. 316);
(B) served at least 5 years in the Regular Army; and
(C) was discharged honorably from the Regular Army.
417
(2) An individual described in paragraph (1) of this subsection is deemed
to have been lawfully admitted for permanent residence if the individual—
(A) entered the United States, American Samoa, or the Canal Zone
under military orders after enlistment; and
(B) is otherwise eligible to be naturalized.
(c) PERIOD OF SERVICE AVAILABLE ONLY ONCE.—A period of service
in the armed forces may not be used as the basis for naturalization under
this section if the individual has been naturalized previously because of the
same period of service.
(d) PROOF OF HONORABLE SERVICE AND DISCHARGE.—Service required
by this section shall be proved by a certificate from the executive depart-
ment of the Federal Government under which the individual served. The
head of the executive department shall decide, and the certificate shall state,
whether the individual served honorably on active duty during a period spec-
ified in this section and was discharged honorably. An individual’s service
and discharge are not honorable under this section if the individual was dis-
charged from the armed forces because of alienage or was a conscientious
objector who performed no active duty or refused to wear the uniform.
§ 20315. Posthumous naturalization of individuals who die
during service in the armed forces during war or
military hostilities
(a) GRANTING CITIZENSHIP.—The Attorney General shall grant post-
humous citizenship, as of the time of death, to an individual eligible under
subsection (b) of this section if the Attorney General approves a request for
posthumous citizenship for the individual under subsection (c) of this sec-
tion.
(b) ELIGIBILITY.—(1) An individual is eligible for posthumous citizenship
under this section if the individual—
(A) served honorably on active duty in the armed forces of the Unit-
ed States as an alien or as a national, but not a citizen, of the United
States during any period described in section 20314(a)(1) of this title;
(B) died as a result of injury or disease incurred in or aggravated
by that service; and
(C) satisfied the requirements of section 20314(a)(2) of this title.
(2) The head of the executive department of the Federal Government
under which the individual served shall decide whether the individual satis-
fied the requirements of paragraph (1)(A) and (B) of this subsection.
(c) REQUESTS.—A request to grant posthumous citizenship to an individ-
ual under this section may be filed only by an individual who is, as defined
by the Attorney General, the next of kin or another representative. The At-
torney General shall approve the request if—