of title IV of the Social Security Act prescribes for the availability of such services to any other child in that State). (ii) The Director shall attempt to arrange for the placement under the laws of the States of such unaccompanied refugee children, who have been accepted for admission to the United States, before (or as soon as possible after) their arrival in the United States. During any interim period while such a child is in the United States or in transit to the United States but before the child is so placed, the Director shall assume legal responsibility (including financial responsibility) for the child, if necessary, and is authorized to make necessary decisions to provide for the child's immediate care. (iii) In carrying out the Director's responsibilities under clause (ii), the Director is authorized to enter into contracts with appropriate public or private nonprofit agencies under such conditions as the Director determines to be appropriate. (iv) The Director shall prepare and maintain a list of (I) all such unaccompanied children who have entered the United States after April 1, 1975, (II) the names and last known residences of their parents (if living) at the time of arrival, and (III) the children's location, status, and progress. (e) 276 CASH ASSISTANCE AND MEDICAL ASSISTANCE TO REFUGEES. (1) The Director is authorized to provide assistance, reimbursement to States, and grants to, and contracts with, public or private nonprofit agencies for 100 per centum of the cash assistance and medical assistance provided to any refugee during the thirty-six month period beginning with the first month in which such refugee has entered the United States and for the identifiable and reasonable administrative costs of providing this assistance. (2)(A) Cash assistance provided under this subsection to an employable refugee is conditioned, except for good cause shown— (i) on the refugee's registration with an appropriate agency providing employment services described in subsection (c)(1)(A)(i), or, if there is no such agency available, with an appropriate State or local employment service; (ii) on the refugee's participation in any available and appropriate social service or targeted assistance program (funded under subsection (c)) providing job or language training in the area in which the refugee resides; and 276 Section 313(c) of the Refugee Act of 1980 (Pub. L. 96–212, Mar. 17, 1980, 94 Stat. 117) provides as follows: (c) Notwithstanding section 412(e)(1) of the Immigration and Nationality Act and in lieu of any assistance which may otherwise be provided under such section with respect to Cuban refugees who entered the United States and were receiving assistance under section 2(b) of the Migration and Refugee Assistance Act of 1962 before October 1, 1978, the Director of the Office of Refugee Resettlement is authorized (1) to provide reimbursement (A) in fiscal year 1980, for 75 percent, (C) in fiscal year 1982, for 45 percent, and of the non-Federal costs of providing cash and medical assistance (other than assistance described in paragraph (2) to such refugees, and (2) to provide reimbursement in any fiscal year for 100 percent of the non-Federal costs associated with such Cuban refugees with respect to whom supplemental security income payments were being paid as of September 30, 1978, under title XVI of the Social Security Act. (iii) on the refugee's acceptance of appropriate offers of employment.277 (B) Cash assistance shall not be made available to refugees who are full-time students in institutions of higher education (as defined by the Director after consultation with the Secretary of Education). (C) 278 In the case of a refugee who (i) refuses an offer of employment which has been determined to be appropriate either by the agency responsible for the initial resettlement of the refugee under subsection (b) or by the appropriate State or local employment service, (ii) refuses to go to a job interview which has been arranged through such agency or service, or (iii) refuses to participate in a social service or targeted assistance program referred to in subparagraph (A)(ii) which such agency or service determines to be available and appropriate, cash assistance to the refugee shall be terminated (after opportunity for an administrative hearing) for a period of three months (for the first such refusal) or for a period of six months (for any subsequent refusal). (3) The Director shall develop plans to provide English training and other appropriate services and training to refugees receiving cash assistance. (4) If a refugee is eligible for aid or assistance under a State plan approved under part A of title IV or under title XIX of the Social Security Act, or for supplemental security income benefits (including State supplementary payments) under the program established under title XVI of that Act, funds authorized under this subsection shall only be used for the non-Federal share of such aid or assistance, or for such supplementary payments, with respect to cash and medical assistance provided with respect to such refugee under this paragraph. (5) The Director is authorized to allow for the provision of medical assistance under paragraph (1) to any refugee, during the oneyear period after entry, who does not qualify for assistance under a State plan approved under title XIX of the Social Security Act on account of any resources or income requirement of such plan, but only if the Director determines that (A) this will (i) encourage economic self-sufficiency, or (ii) avoid a significant burden on State and local governments; and (B) the refugee meets such alternative financial resources and income requirements as the Director shall establish. (6) As a condition for receiving assistance, reimbursement, or a contract under this subsection and notwithstanding any other provision of law, a State or agency must provide assurances that 277 For aliens who enter the United States as refugees before April 1, 1987, the following sentence (which was stricken by § 9(a)(1) of the Refugee Assistance Extension Act of 1986 (Pub. L. 99-605, Nov. 6, 1986, 100 Stat. 3454)) applies: Such cash assistance provided to such a refugee shall be terminated (after opportunity for an administrative hearing) with the month in which the refugee refuses such an appropriate offer of employment or refuses to participate in such an available and appropriate social service program. 278 This subparagraph applies to aliens who enter the United States as refugees on or after April 1, 1987, under §9(c) of the Refugee Assistance Extension Act of 1986 (Pub. L. 99-605, 100 Stat. 3454). whenever a refugee applies for cash or medical assistance for which assistance or reimbursement is provided under this subsection, the State or agency must notify promptly the agency (or local affiliate) which provided for the initial resettlement of the refugee under subsection (b) of the fact that the refugee has so applied. (7)(A) The Secretary shall develop and implement alternative projects for refugees who have been in the United States less than thirty-six months, under which refugees are provided interim support, medical services, support services, and case management, as needed, in a manner that encourages self-sufficiency, reduces welfare dependency, and fosters greater coordination among the resettlement agencies and service providers. The Secretary may permit alternative projects to cover specific groups of refugees who have been in the United States 36 months or longer if the Secretary determines that refugees in the group have been significantly and disproportionately dependent on welfare and need the services provided under the project in order to become self-sufficient and that their coverage under the projects would be cost-effective. (B) Refugees covered under such alternative projects shall be precluded from receiving cash or medical assistance under any other paragraph of this subsection or under title XIX or part A of title IV of the Social Security Act. (C) The Secretary shall report to Congress not later than October 31, 1985, on the results of these projects and on any recommendations respecting changes in the refugee assistance program under this section to take into account such results. (D) To the extent that the use of such funds is consistent with the purposes of such provisions, funds appropriated under section 414(a) of this Act, part A of title IV of the Social Security Act, or title XIX of such Act, may be used for the purpose of implementing and evaluating alternative projects under this paragraph. (8) In its provision of assistance to refugees, a State or political subdivision shall consider the recommendations of, and assistance provided by, agencies with grants or contracts under subsection (b)(1). (f) ASSISTANCE TO STATES AND COUNTIES FOR INCARCERATION OF CERTAIN CUBAN NATIONALS.-(1) The Attorney General shall pay compensation to States and to counties for costs incurred by the States and counties to confine in prisons, during the fiscal year for which such payment is made, nationals of Cuba who (A) were paroled into the United States in 1980 by the Attorney General, (B) after such parole committed any violation of State or county law for which a term of imprisonment was imposed, and (C) at the time of such parole and such violation were not aliens lawfully admitted to the United States (i) for permanent residence, or (ii) under the terms of an immigrant or a nonimmigrant visa issued, under this Act. (2) For a State or county to be eligible to receive compensation under this subsection, the chief executive officer of the State or county shall submit to the Attorney General, in accordance with rules to be issued by the Attorney General, an application containing(A) the number and names of the Cuban nationals with respect to whom the State or county is entitled to such compensation, and (B) such other information as the Attorney General may require. (3) For a fiscal year the Attorney General shall pay the costs described in paragraph (1) to each State and county determined by the Attorney General to be eligible under paragraph (2); except that if the amounts appropriated for the fiscal year to carry out this subsection are insufficient to cover all such payments, each of such payments shall be ratably reduced so that the total of such payments equals the amounts so appropriated. (4) The authority of the Attorney General to pay compensation under this subsection shall be effective for any fiscal year only to the extent and in such amounts as may be provided in advance in appropriation Acts. (5) It shall be the policy of the United States Government that the President, in consultation with the Attorney General and all other appropriate Federal officials and all appropriate State and county officials referred to in paragraph (2), shall place top priority on seeking the expeditious removal from this country and the return to Cuba of Cuban nationals described in paragraph (1) by any reasonable and responsible means, and to this end the Attorney General may use the funds authorized to carry out this subsection to conduct such policy. CONGRESSIONAL REPORTS SEC. 413. [8 U.S.C. 1523] (a) The Secretary shall submit a report on activities under this chapter to the Committees on the Judiciary of the House of Representatives and of the Senate not later than the January 31 following the end of each fiscal year, beginning with fiscal year 1980. (b) Each such report shall contain (1) an updated profile of the employment and labor force statistics for refugees who have entered the United States within the five-fiscal-year period immediately preceding the fiscal year within which the report is to be made and for refugees who entered earlier and who have shown themselves to be significantly and disproportionately dependent on welfare as well as a description of the extent to which refugees received the forms of assistance or services under this chapter during that period; (2) a description of the geographic location of refugees; (3) a summary of the results of the monitoring and evaluation conducted under section 412(a)(7) during the period for which the report is submitted; (4) a description of (A) the activities, expenditures, and policies of the Office under this chapter and of the activities of States, voluntary agencies, and sponsors, and (B) the Director's plans for improvement of refugee resettlement; (5) evaluations of the extent to which (A) the services provided under this chapter are assisting refugees in achieving economic self-sufficiency, achieving ability in English, and achieving employment commensurate with their skills and abilities, and (B) any fraud, abuse, or mismanagement has been reported in the provisions of services or assistance; (6) a description of any assistance provided by the Director pursuant to section 412(e)(5); (7) a summary of the location and status of unaccompanied refugee children admitted to the United States; and (8) a summary of the information compiled and evaluation made under section 412(a)(8). AUTHORIZATION OF APPROPRIATIONS SEC. 414. [8 U.S.C. 1524] (a) 280 There are authorized to be appropriated for fiscal year 1995, fiscal year 1996, and fiscal year 1997 such sums as may be necessary to carry out this chapter. (b) The authority to enter into contracts under this chapter shall be effective for any fiscal year only to such extent or in such amounts as are provided in advance in appropriation Acts. [The following provisions, relating to the organization of the Immigration and Naturalization Service and printed in 8 point type, are included at this point as chapter 13 of title 8, United States Code, but are not part of the Immigration and Nationality Act:] § 1551. Immigration and Naturalization Service There is created and established in the Department of Justice an Immigration and Naturalization Service. (Feb. 14, 1903, ch. 552, §4, 32 Stat. 826; as amended.) § 1552. Commissioner of Immigration and Naturalization; office The office of the Commissioner of Immigration and Naturalization is created and established, and the President, by and with the advice and consent of the Senate, is authorized and directed to appoint such officer. The Attorney General shall provide him with a suitable, furnished office in the city of Washington, and with such books of record and facilities for the discharge of the duties of his office as may be necessary. (Mar. 3. 1891, ch. 551, §7, 26 Stat. 1085; as amended.) [NOTE.-Section 103(b) of INA describes functions of Commissioner.] §1553. Assistant Commissioners and one District Director; compensation and salary grade The compensation of the five assistant commissioners and one district director shall be at the rate of grade GS-16. (June 20, 1956, ch. 414, title II, §201, 70 Stat. 307. Under § 101(c)(1)(A)(iii) of the Treasury, Postal Service and General Government Appropriations Act, 1991 (P.L. 101-509, 105 Stat. 1442, Nov. 5, 1990), the reference in this section to GS-16 of the General Schedule is considered a reference to a rate of pay for a position classifed above GS-15 pursuant to section 5108 of title 5, United States Code, as amended by section 102(b)(2) of that Act.) § 1554. Special Immigrant Inspectors at Washington Special immigrant inspectors, not to exceed three, may be detailed for duty in the service at Washington. (Mar. 2, 1895, ch. 177, §1, 28 Stat. 780; Ex. Ord. No. 6166, § 14, June 10, 1933.) 280 Subsection (a) was amended to authorize appropriations for fiscal years 1993 and 1994 by P.L. 103-37 (June 8, 1993; 107 Stat. 107) and was further amended to substitute an authorization of appropriations for fiscal years 1995 through 1997 by §208 of P.L. 103-416 (108 Stat. 4312, Oct. 25, 1994). |