The Refugee Act
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The Refugee Act of 1980 created The Federal Refugee Resettlement Program to provide for the effective resettlement of refugees and to assist them to achieve economic self-sufficiency as quickly as possible after arrival in the United States. Title IV, chapter 2 of the Immigration and Nationality Act (INA) contains the provisions of the Refugee Act which are reflected in the following text:
[Note: The Refugee Act was reauthorized through the year 2002. H.R.3061 Text, PDF Sponsor: Rep Smith, Lamar (introduced 10/12/1999). Latest Major Action: 11/13/1999 Became Public Law No: 106-104. Title: To amend the Immigration and Nationality Act to extend for an additional 2 years the period for admission of an alien as a nonimmigrant under section 101(a)(15)(S) of such Act, and to authorize appropriations for the refugee assistance program under chapter 2 of title IV of the Immigration and Nationality Act. Exact Language: SEC. 3. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE ASSISTANCE. Section 414(a) of the Immigration and Nationality Act (8 U.S.C. 1524(a)) is amended by striking ``1998 and 1999'' and inserting "2000 through 2002''. Approved November 13, 1999.]
INA: ACT 411 - OFFICE
OF REFUGEE RESETTLEMENT
Sec. 411. [8
U.S.C. 1521]
(a) There is established, within the Department of Health and Human Services, an office to be known as the Office of Refugee Resettlement (hereinafter in this chapter referred to as the "Office"). The head of the Office shall be a Director (hereinafter in this chapter referred to as the "Director"), to be appointed by the Secretary of Health and Human Services (hereinafter in this chapter referred to as the "Secretary").
(b) The function of the Office and its Director is to fund and administer (directly or through arrangements with other Federal agencies), in consultation with the Secretary of State,1/ programs of the Federal Government under this chapter.
FOOTNOTES FOR SECTION
411
INA: ACT 411
FN 1
FN 1 Paragraph (1)
of § 162(n) of the Foreign Relations Authorization Act, Fiscal Years
1994 and 1995 (Pub. L. 103-236, 108 Stat. 409, Apr. 30, 1994) substituted
a reference
to the Secretary of State for a reference to the U.S. Coordinator for
Refugee Affairs;
paragraphs (2) and (3) of that section deleted subsequent references in § 412 and § 413 to the Coordinator. INA:
ACT 412 - AUTHORIZATION FOR PROGRAMS FOR DOMESTIC RESETTLEMENT OF AND
ASSISTANCE TO REFUGEES Sec.
412. [8 U.S.C. 1522]
(a) Conditions and Considerations.
(1)(A) In providing assistance
under this section, the Director shall, to the extent of available appropriations,
(i) make available
sufficient resources for employment training and placement in order to achieve economic
self-sufficiency among refugees as quickly as possible,
(ii) provide refugees
with the opportunity to acquire sufficient English language training to
enable them to
become effectively resettled as quickly as possible,
(iii) insure that cash assistance is made
available to refugees in such a manner as not to discourage their economic self-sufficiency,
in accordance with subsection (e)(2), and (iv) insure that women have
the same opportunities
as men to participate in training and instruction.
(B) It is the intent of Congress that in providing refugee assistance under this section-
(i) employable refugees should be placed on jobs as soon as possible after their arrival in the United States;
(ii) social service funds should be focused on employment-related services, English-as-a-second-language training (in non-work hours where possible), and case-management services; and
(iii) local voluntary agency activities should be conducted in close cooperation and advance consultation with State and local governments.
(2)(A) The Director and the Federal agency administering subsection (b)(1), shall consult regularly (not less often than quarterly) with State and local governments and private nonprofit voluntary agencies concerning the sponsorship process and the intended distribution of refugees among the States and localities before their placement in those States and localities.
(B) The Director shall develop and implement, in consultation with representatives of voluntary agencies and State and local governments, policies and strategies for the placement and resettlement of refugees within the United States.
(C) Such policies and strategies, to the extent practicable and except under such unusual circumstances as the Director may recognize, shall-
(i) insure that a refugee is not initially placed or resettled in an area highly impacted (as determined under regulations prescribed by the Director after consultation with such agencies and governments) by the presence of refugees or comparable populations unless the refugee has a spouse, parent, sibling, son, or daughter residing in that area,
(ii) provide for a mechanism whereby representatives of local affiliates of voluntary agencies regularly (not less often than quarterly) meet with representatives of State and local governments to plan and coordinate in advance of their arrival the appropriate placement of refugees among the various States and localities, and
(iii) take into account-
(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 (including educational, health care, and mental health services) for refugees in the area,
(III) the likelihood of refugees placed in the area becoming self-sufficient and free from long-term dependence on public assistance, and
(IV) the secondary migration of refugees to and from the area that is likely to occur.
(D) With respect to the location of placement of refugees within a State, the Federal agency administering subsection (b)(1) shall, consistent with such policies and strategies and to the maximum extent possible, take into account recommendations of the State.
(3) In the provision of domestic assistance under this section, the Director shall make a periodic assessment, based on refugee population and other relevant factors, of the relative needs of refugees for assistance and services under this chapter and the resources available to meet such needs. The Director shall compile and maintain data on secondary migration of refugees within the United States and, by State of residence and nationality, on the proportion of refugees receiving cash or medical assistance described in subsection (e).
In allocating resources, the Director shall avoid duplication of services and provide for maximum coordination between agencies providing related services.
(4)(A) No grant or contract may be awarded under this section unless an appropriate proposal and application (including a description of the agency's ability to perform the services specified in the proposal) are submitted to, and approved by, the appropriate administering official. Grants and contracts under this section shall be made to those agencies which the appropriate administering official determines can best perform the services. Payments may be made for activities authorized under this chapter in advance or by way of reimbursement. In carrying out this section, the Director, the Secretary of State, and such other appropriate administering official are authorized-
(i) to make loans, and
(ii) to accept and use money, funds, property, and services of any kind made available by gift, devise, bequest, grant, or otherwise for the purpose of carrying out this section.
(B) No funds may be made available under this chapter (other than under subsection (b)(1)) to States or political subdivisions in the form of block grants, per capita grants, or similar consolidated grants or contracts. Such funds shall be made available under separate grants or contracts-
(i) for medical screening
and initial medical treatment under subsection (b)(5), (ii)
for services for refugees under subsection (c)(1),
(iii) for targeted
assistance project grants under subsection (c)(2), and
(iv) for assistance
for refugee children under subsection (d)(2).
(C) The Director may not delegate to a State or political subdivision his authority to review or approve grants or contracts under this chapter or the terms under which such grants or contracts are made.
(5) Assistance and services funded under this section shall be provided to refugees without regard to race, religion, nationality, sex, or political opinion.
(6) As a condition for receiving assistance under this section, a State must-
IMMIGRATION AND NATIONALITY
ACT
TITLE IV-MISCELLANEOUS
AND REFUGEE ASSISTANCE
CHAPTER 2 - REFUGEE
ASSISTANCE
INA: ACT 412
- AUTHORIZATION FOR PROGRAMS FOR DOMESTIC
RESETTLEMENT OF AND ASSISTANCE TO REFUGEES
(A) submit to the Director a plan which provides-
(i) a description of how the State intends to encourage effective refugee resettlement and to promote economic self-sufficiency as quickly as possible,
(ii) a description of how the State will insure that language training and employment services are made available to refugees receiving cash assistance,
(iii) for the designation of an individual, employed by the State, who will be responsible for insuring coordination of public and private resources in refugee resettlement,
(iv) for the care and supervision of and legal responsibility for unaccompanied refugee children in the State, and
(v) for the identification of refugees who at the time of resettlement in the State are determined to have medical conditions requiring, or medical histories indicating a need for, treatment or observation and such monitoring of such treatment or observation as may be necessary;
(B) meet standards, goals, and priorities, developed by the Director, which assure the effective resettlement of refugees and which promote their economic self-sufficiency as quickly as possible and the efficient provision of services; and
(C) submit to the Director, within a reasonable period of time after the end of each fiscal year, a report on the uses of funds provided under this chapter which the State is responsible for administering.
(7) The Secretary, together with the Secretary of State with respect to assistance provided by the Secretary of State under subsection (b), shall develop a system of monitoring the assistance provided under this section. This system shall include-
(A) evaluations of the effectiveness of the programs funded under this section and the performance of States, grantees, and contractors;
(B) financial auditing and other appropriate monitoring to detect any fraud, abuse, or mismanagement in the operation of such programs; and
(C) data collection on the services provided and the results achieved.
(8) The Attorney General shall provide the Director with information supplied by refugees in conjunction with their applications to the Attorney General for adjustment of status, and the Director shall compile, summarize, and evaluate such information.
(9) The Secretary, the Secretary of Education, the Attorney General, and the Secretary of State may issue such regulations as each deems appropriate to carry out this chapter.
(10) For purposes of this chapter, the term "refugee" includes any alien described in section 207(c)(2).