
From the U.S. Code Online via GPO Access
[wais.access.gpo.gov]
[Laws in effect as of January 2, 2001]
[Document affected by Public Law 107-116 Section 213(1)]
[CITE: 8USC1157]

 
                     TITLE 8--ALIENS AND NATIONALITY
 
                 CHAPTER 12--IMMIGRATION AND NATIONALITY
 
                       SUBCHAPTER II--IMMIGRATION
 
                        Part I--Selection System
 
Sec. 1157. Annual admission of refugees and admission of 
        emergency situation refugees
        

(a) Maximum number of admissions; increases for humanitarian concerns; 
        allocations

    (1) Except as provided in subsection (b) of this section, the number 
of refugees who may be admitted under this section in fiscal year 1980, 
1981, or 1982, may not exceed fifty thousand unless the President 
determines, before the beginning of the fiscal year and after 
appropriate consultation (as defined in subsection (e) of this section), 
that admission of a specific number of refugees in excess of such number 
is justified by humanitarian concerns or is otherwise in the national 
interest.
    (2) Except as provided in subsection (b) of this section, the number 
of refugees who may be admitted under this section in any fiscal year 
after fiscal year 1982 shall be such number as the President determines, 
before the beginning of the fiscal year and after appropriate 
consultation, is justified by humanitarian concerns or is otherwise in 
the national interest.
    (3) Admissions under this subsection shall be allocated among 
refugees of special humanitarian concern to the United States in 
accordance with a determination made by the President after appropriate 
consultation.
    (4) In the determination made under this subsection for each fiscal 
year (beginning with fiscal year 1992), the President shall enumerate, 
with the respective number of refugees so determined, the number of 
aliens who were granted asylum in the previous year.
    (5) For any fiscal year, not more than a total of 1,000 refugees may 
be admitted under this subsection or granted asylum under section 1158 
of this title pursuant to a determination under the third sentence of 
section 1101(a)(42) of this title (relating to persecution for 
resistance to coercive population control methods).

(b) Determinations by President respecting number of admissions for 
        humanitarian concerns

    If the President determines, after appropriate consultation, that 
(1) an unforeseen emergency refugee situation exists, (2) the admission 
of certain refugees in response to the emergency refugee situation is 
justified by grave humanitarian concerns or is otherwise in the national 
interest, and (3) the admission to the United States of these refugees 
cannot be accomplished under subsection (a) of this section, the 
President may fix a number of refugees to be admitted to the United 
States during the succeeding period (not to exceed twelve months) in 
response to the emergency refugee situation and such admissions shall be 
allocated among refugees of special humanitarian concern to the United 
States in accordance with a determination made by the President after 
the appropriate consultation provided under this subsection.

(c) Admission by Attorney General of refugees; criteria; admission 
        status of spouse or child; applicability of other statutory 
        requirements; termination of refugee status of alien, spouse or 
        child

    (1) Subject to the numerical limitations established pursuant to 
subsections (a) and (b) of this section, the Attorney General may, in 
the Attorney General's discretion and pursuant to such regulations as 
the Attorney General may prescribe, admit any refugee who is not firmly 
resettled in any foreign country, is determined to be of special 
humanitarian concern to the United States, and is admissible (except as 
otherwise provided under paragraph (3)) as an immigrant under this 
chapter.
    (2) A spouse or child (as defined in section 1101(b)(1)(A), (B), 
(C), (D), or (E) of this title) of any refugee who qualifies for 
admission under paragraph (1) shall, if not otherwise entitled to 
admission under paragraph (1) and if not a person described in the 
second sentence of section 1101(a)(42) of this title, be entitled to the 
same admission status as such refugee if accompanying, or following to 
join, such refugee and if the spouse or child is admissible (except as 
otherwise provided under paragraph (3)) as an immigrant under this 
chapter. Upon the spouse's or child's admission to the United States, 
such admission shall be charged against the numerical limitation 
established in accordance with the appropriate subsection under which 
the refugee's admission is charged.
    (3) The provisions of paragraphs (4), (5), and (7)(A) of section 
1182(a) of this title shall not be applicable to any alien seeking 
admission to the United States under this subsection, and the Attorney 
General may waive any other provision of such section (other than 
paragraph (2)(C) or subparagraph (A), (B), (C), or (E) of paragraph (3)) 
with respect to such an alien for humanitarian purposes, to assure 
family unity, or when it is otherwise in the public interest. Any such 
waiver by the Attorney General shall be in writing and shall be granted 
only on an individual basis following an investigation. The Attorney 
General shall provide for the annual reporting to Congress of the number 
of waivers granted under this paragraph in the previous fiscal year and 
a summary of the reasons for granting such waivers.
    (4) The refugee status of any alien (and of the spouse or child of 
the alien) may be terminated by the Attorney General pursuant to such 
regulations as the Attorney General may prescribe if the Attorney 
General determines that the alien was not in fact a refugee within the 
meaning of section 1101(a)(42) of this title at the time of the alien's 
admission.

(d) Oversight reporting and consultation requirements

    (1) Before the start of each fiscal year the President shall report 
to the Committees on the Judiciary of the House of Representatives and 
of the Senate regarding the foreseeable number of refugees who will be 
in need of resettlement during the fiscal year and the anticipated 
allocation of refugee admissions during the fiscal year. The President 
shall provide for periodic discussions between designated 
representatives of the President and members of such committees 
regarding changes in the worldwide refugee situation, the progress of 
refugee admissions, and the possible need for adjustments in the 
allocation of admissions among refugees.
    (2) As soon as possible after representatives of the President 
initiate appropriate consultation with respect to the number of refugee 
admissions under subsection (a) of this section or with respect to the 
admission of refugees in response to an emergency refugee situation 
under subsection (b) of this section, the Committees on the Judiciary of 
the House of Representatives and of the Senate shall cause to have 
printed in the Congressional Record the substance of such consultation.
    (3)(A) After the President initiates appropriate consultation prior 
to making a determination under subsection (a) of this section, a 
hearing to review the proposed determination shall be held unless public 
disclosure of the details of the proposal would jeopardize the lives or 
safety of individuals.
    (B) After the President initiates appropriate consultation prior to 
making a determination, under subsection (b) of this section, that the 
number of refugee admissions should be increased because of an 
unforeseen emergency refugee situation, to the extent that time and the 
nature of the emergency refugee situation permit, a hearing to review 
the proposal to increase refugee admissions shall be held unless public 
disclosure of the details of the proposal would jeopardize the lives or 
safety of individuals.

(e) ``Appropriate consultation'' defined

    For purposes of this section, the term ``appropriate consultation'' 
means, with respect to the admission of refugees and allocation of 
refugee admissions, discussions in person by designated Cabinet-level 
representatives of the President with members of the Committees on the 
Judiciary of the Senate and of the House of Representatives to review 
the refugee situation or emergency refugee situation, to project the 
extent of possible participation of the United States therein, to 
discuss the reasons for believing that the proposed admission of 
refugees is justified by humanitarian concerns or grave humanitarian 
concerns or is otherwise in the national interest, and to provide such 
members with the following information:
        (1) A description of the nature of the refugee situation.
        (2) A description of the number and allocation of the refugees 
    to be admitted and an analysis of conditions within the countries 
    from which they came.
        (3) A description of the proposed plans for their movement and 
    resettlement and the estimated cost of their movement and 
    resettlement.
        (4) An analysis of the anticipated social, economic, and 
    demographic impact of their admission to the United States.
        (5) A description of the extent to which other countries will 
    admit and assist in the resettlement of such refugees.
        (6) An analysis of the impact of the participation of the United 
    States in the resettlement of such refugees on the foreign policy 
    interests of the United States.
        (7) Such additional information as may be appropriate or 
    requested by such members.

To the extent possible, information described in this subsection shall 
be provided at least two weeks in advance of discussions in person by 
designated representatives of the President with such members.

(f) Training

    (1) The Attorney General, in consultation with the Secretary of 
State, shall provide all United States officials adjudicating refugee 
cases under this section with the same training as that provided to 
officers adjudicating asylum cases under section 1158 of this title.
    (2) Such training shall include country-specific conditions, 
instruction on the internationally recognized right to freedom of 
religion, instruction on methods of religious persecution practiced in 
foreign countries, and applicable distinctions within a country between 
the nature of and treatment of various religious practices and 
believers.

(June 27, 1952, ch. 477, title II, ch. 1, Sec. 207, as added Pub. L. 96-
212, title II, Sec. 201(b), Mar. 17, 1980, 94 Stat. 103; amended Pub. L. 
100-525, Sec. 9(h), Oct. 24, 1988, 102 Stat. 2620; Pub. L. 101-649, 
title I, Sec. 104(b), title VI, Sec. 603(a)(4), Nov. 29, 1990, 104 Stat. 
4985, 5082; Pub. L. 102-232, title III, Sec. 307(l)(1), Dec. 12, 1991, 
105 Stat. 1756; Pub. L. 104-208, div. C, title VI, Sec. 601(b), Sept. 
30, 1996, 110 Stat. 3009-689; Pub. L. 105-292, title VI, Sec. 602(a), 
Oct. 27, 1998, 112 Stat. 2812.)


                            Prior Provisions

    A prior section 1157, act June 27, 1952, ch. 477, title II, ch. 1, 
Sec. 207, 66 Stat. 181, prohibited issuance of immigrant visas to other 
immigrants in lieu of immigrants excluded from admission, immigrants 
deported, immigrants failing to apply for admission to the United 
States, or immigrants found to be nonquota immigrants after having 
previously been found to be quota immigrants, prior to repeal by Pub. L. 
89-236, Sec. 7, Oct. 3, 1965, 79 Stat. 916.


                               Amendments

    1998--Subsec. (f). Pub. L. 105-292 added subsec. (f).
    1996--Subsec. (a)(5). Pub. L. 104-208 added par. (5).
    1991--Subsec. (c)(3). Pub. L. 102-232 substituted ``subparagraph 
(A)'' for ``subparagraphs (A)''.
    1990--Subsec. (a)(4). Pub. L. 101-649, Sec. 104(b), added par. (4).
    Subsec. (c)(3). Pub. L. 101-649, Sec. 603(a)(4), substituted ``(4), 
(5), and (7)(A)'' for ``(14), (15), (20), (21), (25), and (32)'' and 
``(other than paragraph (2)(C) or subparagraphs (A), (B), (C), or (E) of 
paragraph (3))'' for ``(other than paragraph (27), (29), or (33) and 
other than so much of paragraph (23) as relates to trafficking in 
narcotics)''.
    1988--Subsec. (c)(1). Pub. L. 100-525 substituted ``otherwise'' for 
``otherwide''.


                    Effective Date of 1991 Amendment

    Section 307(l) of Pub. L. 102-232 provided that the amendments made 
by that section [amending this section, sections 1159, 1161, 1187, 1188, 
1254a, 1255a, and 1322 of this title, and provisions set out as notes 
under sections 1101 and 1255 of this title] are effective as if included 
in section 603(a) of the Immigration Act of 1990, Pub. L. 101-649.


                    Effective Date of 1990 Amendment

    Amendment by section 104(b) of Pub. L. 101-649 effective Nov. 29, 
1990, and (unless otherwise provided) applicable to fiscal year 1991, 
see section 161(b) of Pub. L. 101-649, set out as a note under section 
1101 of this title.
    Amendment by section 603(a)(4) of Pub. L. 101-649 applicable to 
individuals entering United States on or after June 1, 1991, see section 
601(e)(1) of Pub. L. 101-649, set out as a note under section 1101 of 
this title.


                             Effective Date

    Section (with the exception of subsec. (c) which is effective Apr. 
1, 1980) effective, except as otherwise provided, Mar. 17, 1980, and 
applicable to fiscal years beginning with the fiscal year beginning Oct. 
1, 1979, see section 204 of Pub. L. 96-212, set out as an Effective Date 
of 1980 Amendment note under section 1101 of this title.


                      Bring Them Home Alive Program

    Pub. L. 106-484, Nov. 9, 2000, 114 Stat. 2195, provided that:
``SECTION 1. SHORT TITLE.
    ``This Act may be cited as the `Bring Them Home Alive Act of 2000'.
``SEC. 2. AMERICAN VIETNAM WAR POW/MIA ASYLUM PROGRAM.
    ``(a) Asylum for Eligible Aliens.--Notwithstanding any other 
provision of law, the Attorney General shall grant refugee status in the 
United States to any alien described in subsection (b), upon the 
application of that alien.
    ``(b) Eligibility.--Refugee status shall be granted under subsection 
(a) to--
        ``(1) any alien who--
            ``(A) is a national of Vietnam, Cambodia, Laos, China, or 
        any of the independent states of the former Soviet Union; and
            ``(B) personally delivers into the custody of the United 
        States Government a living American Vietnam War POW/MIA; and
        ``(2) any parent, spouse, or child of an alien described in 
    paragraph (1).
    ``(c) Definitions.--In this section:
        ``(1) American vietnam war pow/mia.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the term `American Vietnam War POW/MIA' means an individual--
                ``(i) who is a member of a uniformed service (within the 
            meaning of section 101(3) of title 37, United States Code) 
            in a missing status (as defined in section 551(2) of such 
            title and this subsection) as a result of the Vietnam War; 
            or
                ``(ii) who is an employee (as defined in section 5561(2) 
            of title 5, United States Code) in a missing status (as 
            defined in section 5561(5) of such title) as a result of the 
            Vietnam War.
            ``(B) Exclusion.--Such term does not include an individual 
        with respect to whom it is officially determined under section 
        552(c) of title 37, United States Code, that such individual is 
        officially absent from such individual's post of duty without 
        authority.
        ``(2) Missing status.--The term `missing status', with respect 
    to the Vietnam War, means the status of an individual as a result of 
    the Vietnam War if immediately before that status began the 
    individual--
            ``(A) was performing service in Vietnam; or
            ``(B) was performing service in Southeast Asia in direct 
        support of military operations in Vietnam.
        ``(3) Vietnam war.--The term `Vietnam War' means the conflict in 
    Southeast Asia during the period that began on February 28, 1961, 
    and ended on May 7, 1975.
``SEC. 3. AMERICAN KOREAN WAR POW/MIA ASYLUM PROGRAM.
    ``(a) Asylum for Eligible Aliens.--Notwithstanding any other 
provision of law, the Attorney General shall grant refugee status in the 
United States to any alien described in subsection (b), upon the 
application of that alien.
    ``(b) Eligibility.--Refugee status shall be granted under subsection 
(a) to--
        ``(1) any alien--
            ``(A) who is a national of North Korea, China, or any of the 
        independent states of the former Soviet Union; and
            ``(B) who personally delivers into the custody of the United 
        States Government a living American Korean War POW/MIA; and
        ``(2) any parent, spouse, or child of an alien described in 
    paragraph (1).
    ``(c) Definitions.--In this section:
        ``(1) American korean war pow/mia.--
            ``(A) In general.--Except as provided in subparagraph (B), 
        the term `American Korean War POW/MIA' means an individual--
                ``(i) who is a member of a uniformed service (within the 
            meaning of section 101(3) of title 37, United States Code) 
            in a missing status (as defined in section 551(2) of such 
            title and this subsection) as a result of the Korean War; or
                ``(ii) who is an employee (as defined in section 5561(2) 
            of title 5, United States Code) in a missing status (as 
            defined in section 5561(5) of such title) as a result of the 
            Korean War.
            ``(B) Exclusion.--Such term does not include an individual 
        with respect to whom it is officially determined under section 
        552(c) of title 37, United States Code, that such individual is 
        officially absent from such individual's post of duty without 
        authority.
        ``(2) Korean war.--The term `Korean War' means the conflict on 
    the Korean peninsula during the period that began on June 27, 1950, 
    and ended January 31, 1955.
        ``(3) Missing status.--The term `missing status', with respect 
    to the Korean War, means the status of an individual as a result of 
    the Korean War if immediately before that status began the 
    individual--
            ``(A) was performing service in the Korean peninsula; or
            ``(B) was performing service in Asia in direct support of 
        military operations in the Korean peninsula.
``SEC. 4. BROADCASTING INFORMATION ON THE `BRING THEM HOME ALIVE' 
        PROGRAM.
    ``(a) Requirement.--
        ``(1) In general.--The International Broadcasting Bureau shall 
    broadcast, through WORLDNET Television and Film Service and Radio, 
    VOA-TV, VOA Radio, or otherwise, information that promotes the 
    `Bring Them Home Alive' refugee program under this Act to foreign 
    countries covered by paragraph (2).
        ``(2) Covered countries.--The foreign countries covered by 
    paragraph (1) are--
            ``(A) Vietnam, Cambodia, Laos, China, and North Korea; and
            ``(B) Russia and the other independent states of the former 
        Soviet Union.
    ``(b) Level of Programming.--The International Broadcasting Bureau 
shall broadcast--
        ``(1) at least 20 hours of the programming described in 
    subsection (a)(1) during the 30-day period that begins 15 days after 
    the date of enactment of this Act [Nov. 9, 2000]; and
        ``(2) at least 10 hours of the programming described in 
    subsection (a)(1) in each calendar quarter during the period 
    beginning with the first calendar quarter that begins after the date 
    of enactment of this Act and ending five years after the date of 
    enactment of this Act.
    ``(c) Availability of Information on the Internet.--The 
International Broadcasting Bureau shall ensure that information 
regarding the `Bring Them Home Alive' refugee program under this Act is 
readily available on the World Wide Web sites of the Bureau.
    ``(d) Sense of Congress.--It is the sense of Congress that RFE/RL, 
Incorporated, Radio Free Asia, and any other recipient of Federal grants 
that engages in international broadcasting to the countries covered by 
subsection (a)(2) should broadcast information similar to the 
information required to be broadcast by subsection (a)(1).
    ``(e) Definition.--The term `International Broadcasting Bureau' 
means the International Broadcasting Bureau of the United States 
Information Agency or, on and after the effective date of title XIII of 
the Foreign Affairs Reform and Restructuring Act of 1998 (as contained 
in division G of Public Law 105-277) [see Effective Date note set out 
under section 6531 of Title 22, Foreign Relations and Intercourse], the 
International Broadcasting Bureau of the Broadcasting Board of 
Governors.
``SEC. 5. INDEPENDENT STATES OF THE FORMER SOVIET UNION DEFINED.
    ``In this Act, the term `independent states of the former Soviet 
Union' has the meaning given the term in section 3 of the FREEDOM 
Support Act (22 U.S.C. 5801).''


                  Gender-Related Persecution Task Force

    Pub. L. 106-113, div. B, Sec. 1000(a)(7) [div. A, title II, 
Sec. 254], Nov. 29, 1999, 113 Stat. 1536, 1501A-432, provided that:
    ``(a) Establishment of Task Force.--The Secretary of State, in 
consultation with the Attorney General and other appropriate Federal 
agencies, shall establish a task force with the goal of determining 
eligibility guidelines for women seeking refugee status overseas due to 
gender-related persecution.
    ``(b) Report.--Not later than 1 year after the date of the enactment 
of this Act [Nov. 29, 1999], the Secretary of State shall prepare and 
submit to the Congress a report outlining the guidelines determined by 
the task force under subsection (a).''


Establishing Categories of Aliens for Purposes of Refugee Determinations

    Pub. L. 101-167, title V, Sec. 599D, Nov. 21, 1989, 103 Stat. 1261, 
as amended by Pub. L. 101-513, title V, Sec. 598(a), Nov. 5, 1990, 104 
Stat. 2063; Pub. L. 102-391, title V, Sec. 582(a)(1), (b)(1), (c), Oct. 
6, 1992, 106 Stat. 1686; Pub. L. 102-511, title IX, Sec. 905(a), (b)(1), 
(c), Oct. 24, 1992, 106 Stat. 3356; Pub. L. 103-236, title V, 
Sec. 512(1), Apr. 30, 1994, 108 Stat. 466; Pub. L. 104-208, div. A, 
title I, Sec. 101(c) [title V, Sec. 575(1)], Sept. 30, 1996, 110 Stat. 
3009-121, 3009-168; Pub. L. 104-319, title I, Sec. 101(1), Oct. 19, 
1996, 110 Stat. 3865; Pub. L. 105-118, title V, Sec. 574(1), Nov. 26, 
1997, 111 Stat. 2432; Pub. L. 105-277, div. A, Sec. 101(f) [title VII, 
Sec. 705(1)], Oct. 21, 1998, 112 Stat. 2681-337, 2681-389; Pub. L. 106-
113, div. B, Sec. 1000(a)(4) [title II, Sec. 214(1)], Nov. 29, 1999, 113 
Stat. 1535, 1501A-240; Pub. L. 106-554, Sec. 1(a)(1) [title II, 
Sec. 212(1)], Dec. 21, 2000, 114 Stat. 2763, 2763A-27, provided that:
    ``(a) In General.--In the case of an alien who is within a category 
of aliens established under subsection (b), the alien may establish, for 
purposes of admission as a refugee under section 207 of the Immigration 
and Nationality Act [8 U.S.C. 1157], that the alien has a well-founded 
fear of persecution on account of race, religion, nationality, 
membership in a particular social group, or political opinion by 
asserting such a fear and asserting a credible basis for concern about 
the possibility of such persecution.
    ``(b) Establishment of Categories.--
        ``(1) For purposes of subsection (a), the Attorney General, in 
    consultation with the Secretary of State and the Coordinator for 
    Refugee Affairs, shall establish--
            ``(A) one or more categories of aliens who are or were 
        nationals and residents of an independent state of the former 
        Soviet Union or of Estonia, Latvia, or Lithuania and who share 
        common characteristics that identify them as targets of 
        persecution in that state on account of race, religion, 
        nationality, membership in a particular social group, or 
        political opinion, and
            ``(B) one or more categories of aliens who are or were 
        nationals and residents of Vietnam, Laos, or Cambodia and who 
        share common characteristics that identify them as targets of 
        persecution in such respective foreign state on such an account.
        ``(2)(A) Aliens who are (or were) nationals and residents of an 
    independent state of the former Soviet Union or of Estonia, Latvia, 
    or Lithuania and who are Jews or Evangelical Christians shall be 
    deemed a category of alien established under paragraph (1)(A).
        ``(B) Aliens who are (or were) nationals of an independent state 
    of the former Soviet Union or of Estonia, Latvia, or Lithuania and 
    who are current members of, and demonstrate public, active, and 
    continuous participation (or attempted participation) in the 
    religious activities of, the Ukrainian Catholic Church or the 
    Ukrainian Orthodox Church, shall be deemed a category of alien 
    established under paragraph (1)(A).
        ``(C) Aliens who are (or were) nationals and residents of 
    Vietnam, Laos, or Cambodia and who are members of categories of 
    individuals determined, by the Attorney General in accordance with 
    `Immigration and Naturalization Service Worldwide Guidelines for 
    Overseas Refugee Processing' (issued by the Immigration and 
    Naturalization Service in August 1983) shall be deemed a category of 
    alien established under paragraph (1)(B).
        ``(3) Within the number of admissions of refugees allocated for 
    for [sic] each of fiscal years 1990, 1991, and 1992 for refugees who 
    are nationals of the Soviet Union under section 207(a)(3) of the 
    Immigration and Nationality Act [8 U.S.C. 1157(a)(3)] and within the 
    number of such admissions allocated for each of fiscal years 1993, 
    1994, 1995, 1996, 1997, 1998, 1999, 2000, and 2001 for refugees who 
    are nationals of the independent states of the former Soviet Union, 
    Estonia, Latvia, and Lithuania under such section, notwithstanding 
    any other provision of law, the President shall allocate one 
    thousand of such admissions for such fiscal year to refugees who are 
    within the category of aliens described in paragraph (2)(B).
    ``(c) Written Reasons for Denials of Refugee Status.--Each decision 
to deny an application for refugee status of an alien who is within a 
category established under this section shall be in writing and shall 
state, to the maximum extent feasible, the reason for the denial.
    ``(d) Permitting Certain Aliens Within Categories to Reapply for 
Refugee Status.--Each alien who is within a category established under 
this section and who (after August 14, 1988, and before the date of the 
enactment of this Act [Nov. 21, 1989]) was denied refugee status shall 
be permitted to reapply for such status. Such an application shall be 
determined taking into account the application of this section.
    ``(e) Period of Application.--
        ``(1) Subsections (a) and (b) shall take effect on the date of 
    the enactment of this Act [Nov. 21, 1989] and shall only apply to 
    applications for refugee status submitted before October 1, 2001.
        ``(2) Subsection (c) shall apply to decisions made after the 
    date of the enactment of this Act and before October 1, 2001.
        ``(3) Subsection (d) shall take effect on the date of the 
    enactment of this Act and shall only apply to reapplications for 
    refugee status submitted before October 1, 2001.''
    [Except as otherwise provided, Secretary of State to have and 
exercise any authority vested by law in any official or office of 
Department of State and references to such officials or offices deemed 
to refer to Secretary of State or Department of State, as appropriate, 
see section 2651a of Title 22, Foreign Relations and Intercourse, and 
section 161(d) of Pub. L. 103-236, set out as a note under section 2651a 
of Title 22.]


                         El Salvadoran Refugees

    Pub. L. 97-113, title VII, Sec. 731, Dec. 29, 1981, 95 Stat. 1557, 
provided that: ``It is the sense of the Congress that the administration 
should continue to review, on a case-by-case basis, petitions for 
extended voluntary departure made by citizens of El Salvador who claim 
that they are subject to persecution in their homeland, and should take 
full account of the civil strife in El Salvador in making decisions on 
such petitions.''


        Time for Determinations by President for Fiscal Year 1980

    Section 204(d)(1) of Pub. L. 96-212 provided that: ``Notwithstanding 
section 207(a) of the Immigration and Nationality Act (as added by 
section 201(b) of this title [subsec. (a) of this section], the 
President may make the determination described in the first sentence of 
such section not later than forty-five days after the date of the 
enactment of this Act [Mar. 17, 1980] for fiscal year 1980.''


Presidential Determination Concerning Admission and Adjustment of Status 
                               of Refugees

    Determinations by the President pursuant to this section concerning 
the admission and adjustment of status of refugees for particular fiscal 
years were contained in the following Presidential Determinations:
    Presidential Determination No. 2000-32, Sept. 29, 2000, 65 F.R. 
59697.
    Presidential Determination No. 99-45, Sept. 30, 1999, 64 F.R. 54505.
    Presidential Determination No. 99-33, Aug. 12, 1999, 64 F.R. 47341.
    Presidential Determination No. 98-39, Sept. 30, 1998, 63 F.R. 55001.
    Presidential Determination No. 97-37, Sept. 30, 1997, 62 F.R. 53219.
    Presidential Determination No. 96-59, Sept. 30, 1996, 61 F.R. 56869.
    Presidential Determination No. 95-48, Sept. 29, 1995, 60 F.R. 53091.
    Presidential Determination No. 95-1, Oct. 1, 1994, 59 F.R. 52393.
    Presidential Determination No. 94-1, Oct. 1, 1993, 58 F.R. 52213.
    Presidential Determination No. 93-1, Oct. 2, 1992, 57 F.R. 47253.
    Presidential Determination No. 92-2, Oct. 9, 1991, 56 F.R. 51633.
    Presidential Determination No. 91-3, Oct. 12, 1990, 55 F.R. 41979.
    Presidential Determination No. 90-2, Oct. 6, 1989, 54 F.R. 43035.
    Presidential Determination No. 89-15, June 19, 1989, 54 F.R. 31493.
    Presidential Determination No. 89-2, Oct. 5, 1988, 53 F.R. 45249.
    Presidential Determination No. 88-16, May 20, 1988, 53 F.R. 21405.
    Presidential Determination No. 88-01, Oct. 5, 1987, 52 F.R. 42073.
    Presidential Determination No. 87-1, Oct. 17, 1986, 51 F.R. 39637.
    Presidential Determination No. 83-2, Oct. 11, 1982, 47 F.R. 46483.
    Presidential Determination No. 82-1, Oct. 10, 1981, 46 F.R. 55233.
    Presidential Determination No. 80-28, Sept. 30, 1980, 45 F.R. 68365.

     Ex. Ord. No. 12208. Consultations on the Admission of Refugees

    Ex. Ord. No. 12208, Apr. 15, 1980, 45 F.R. 25789, as amended by Ex. 
Ord. No. 12608, Sept. 9, 1987, 52 F.R. 34617, provided:
    By the authority vested in me as President by the Constitution and 
laws of the United States of America, including the Refugee Act of 1980 
(P.L. 96-212; 8 U.S.C. 1101 note), the Immigration and Nationality Act, 
as amended (8 U.S.C. 1101 et seq.), and Section 301 of Title 3 of the 
United States Code, it is hereby ordered as follows:
    1-101. Exclusive of the functions otherwise delegated, or reserved 
to the President, by this Order, there are hereby delegated the 
following functions:
    (a) To the Secretary of State and the Attorney General, or either of 
them, the functions of initiating and carrying out appropriate 
consultations with members of the Committees on the Judiciary of the 
Senate and of the House of Representatives for purposes of Sections 
101(a)(42)(B) and 207(a), (b), (d), and (e) of the Immigration and 
Nationality Act, as amended (8 U.S.C. 1101(a)(42)(B) and 1157(a), (b), 
(d), and (e)).
    (b) To the United States Coordinator for Refugee Affairs, the 
functions of reporting and carrying on periodic discussions under 
section 207(d)(1) of the Immigration and Nationality Act, as amended [8 
U.S.C. 1157(d)(1)].
    1-102. (a) The functions vested in the United States Coordinator for 
Refugee Affairs by Section 1-101(b) of this Order shall be carried out 
in consultation with the Secretary of State, the Attorney General, and 
the Secretary of Health and Human Services.
    (b) The United States Coordinator shall notify the Committees on the 
Judiciary of the Senate and of the House of Representatives that the 
Secretary of State and the Attorney General, or either of them, wish to 
consult for the purposes of Section 207(a), (b), or (d) of the 
Immigration and Nationality Act, as amended [8 U.S.C. 1157(a), (b), or 
(d)]. The United States Coordinator for Refugee Affairs shall, in accord 
with his responsibilities under Section 301 of the Refugee Act of 1980 
(8 U.S.C. 1525), prepare for those Committees the information required 
by 207(e) of the Immigration and Nationality Act, as amended.
    1-103. There are reserved to the President the following functions 
under the Immigration and Nationality Act, as amended [8 U.S.C. 1101 et 
seq.].
    (a) To specify special circumstances for purposes of qualifying 
persons as refugees under Section 101(a)(42)(B) [8 U.S.C. 
1101(a)(42)(B)].
    (b) To make determinations under Sections 207(a)(1), 207(a)(2), 
207(a)(3) and 207(b) [8 U.S.C. 1157(a)(1) to (3) and (b)].
    (c) To fix the number of refugees to be admitted under Section 
207(b).
    1-104. Except to the extent inconsistent with this Order, all 
actions previously taken pursuant to any function delegated or assigned 
by this Order shall be deemed to have been taken and authorized by this 
Order.

                  Section Referred to in Other Sections

    This section is referred to in sections 1101, 1151, 1159, 1181, 
1182, 1225, 1252, 1324b, 1522, 1612, 1613, 1622, 1641 of this title; 
title 7 section 2015; title 22 sections 4703, 6472, 7105; title 42 
sections 608, 1382j, 1436a, 1869c.
