The
Refugee Act
Page 1 of 4
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).
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