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U.S. Code as of:
01/03/05
Section 1522. Authorization for programs for domestic resettlement of and assistance to refugees
(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) of this section, 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 nonwork 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) of this section 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) of this
section 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 subchapter 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) of this section. 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
subchapter in advance or by way of reimbursement. In carrying out
this section, the Director, the Secretary of State, and any 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 subchapter (other
than under subsection (b)(1) of this section) 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) of this section,
(ii) for services for refugees under subsection (c)(1) of this
section,
(iii) for targeted assistance project grants under subsection
(c)(2) of this section, and
(iv) for assistance for refugee children under subsection
(d)(2) of this section.
(C) The Director may not delegate to a State or political
subdivision his authority to review or approve grants or contracts
under this subchapter 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 -
(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 subchapter 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) of this section, 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 subchapter.
(10) For purposes of this subchapter, the term "refugee" includes
any alien described in section 1157(c)(2) of this title.
(b) Program of initial resettlement
(1)(A) For -
(i) fiscal years 1980 and 1981, the Secretary of State is
authorized, and
(ii) fiscal year 1982 and succeeding fiscal years, the Director
(except as provided in subparagraph (B)) is authorized,
to make grants to, and contracts with, public or private nonprofit
agencies for initial resettlement (including initial reception and
placement with sponsors) of refugees in the United States. Grants
to, or contracts with, private nonprofit voluntary agencies under
this paragraph shall be made consistent with the objectives of this
subchapter, taking into account the different resettlement
approaches and practices of such agencies. Resettlement assistance
under this paragraph shall be provided in coordination with the
Director's provision of other assistance under this subchapter.
Funds provided to agencies under such grants and contracts may only
be obligated or expended during the fiscal year in which they are
provided (or the subsequent fiscal year or such subsequent fiscal
period as the Federal contracting agency may approve) to carry out
the purposes of this subsection.
(B) If the President determines that the Director should not
administer the program under this paragraph, the authority of the
Director under the first sentence of subparagraph (A) shall be
exercised by such officer as the President shall from time to time
specify.
(2) The Director is authorized to develop programs for such
orientation, instruction in English, and job training for refugees,
and such other education and training of refugees, as facilitates
their resettlement in the United States. The Director is authorized
to implement such programs, in accordance with the provisions of
this section, with respect to refugees in the United States. The
Secretary of State is authorized to implement such programs with
respect to refugees awaiting entry into the United States.
(3) The Secretary is authorized to make arrangements (including
cooperative arrangements with other Federal agencies) for the
temporary care of refugees in the United States in emergency
circumstances, including the establishment of processing centers,
if necessary, without regard to such provisions of law (other than
the Renegotiation Act of 1951 [50 App. U.S.C. 1211 et seq.] and
section 1524(b) of this title) regulating the making, performance,
amendment, or modification of contracts and the expenditure of
funds of the United States Government as the Secretary may specify.
(4) The Secretary shall -
(A) assure that an adequate number of trained staff are
available at the location at which the refugees enter the United
States to assure that all necessary medical records are available
and in proper order;
(B) provide for the identification of refugees who have been
determined to have medical conditions affecting the public health
and requiring treatment;
(C) assure that State or local health officials at the
resettlement destination within the United States of each refugee
are promptly notified of the refugee's arrival and provided with
all applicable medical records; and
(D) provide for such monitoring of refugees identified under
subparagraph (B) as will insure that they receive appropriate and
timely treatment.
The Secretary shall develop and implement methods for monitoring
and assessing the quality of medical screening and related health
services provided to refugees awaiting resettlement in the United
States.
(5) The Director is authorized to make grants to, and enter into
contracts with, State and local health agencies for payments to
meet their costs of providing medical screening and initial medical
treatment to refugees.
(6) The Comptroller General shall directly conduct an annual
financial audit of funds expended under each grant or contract made
under paragraph (1) for fiscal year 1986 and for fiscal year 1987.
(7) Each grant or contract with an agency under paragraph (1)
shall require the agency to do the following:
(A) To provide quarterly performance and financial status
reports to the Federal agency administering paragraph (1).
(B)(i) To provide, directly or through its local affiliate,
notice to the appropriate county or other local welfare office at
the time that the agency becomes aware that a refugee is offered
employment and to provide notice to the refugee that such notice
has been provided, and
(ii) upon request of such a welfare office to which a refugee
has applied for cash assistance, to furnish that office with
documentation respecting any cash or other resources provided
directly by the agency to the refugee under this subsection.
(C) To assure that refugees, known to the agency as having been
identified pursuant to paragraph (4)(B) as having medical
conditions affecting the public health and requiring treatment,
report to the appropriate county or other health agency upon
their resettlement in an area.
(D) To fulfill its responsibility to provide for the basic
needs (including food, clothing, shelter, and transportation for
job interviews and training) of each refugee resettled and to
develop and implement a resettlement plan including the early
employment of each refugee resettled and to monitor the
implementation of such plan.
(E) To transmit to the Federal agency administering paragraph
(1) an annual report describing the following:
(i) The number of refugees placed (by county of placement)
and the expenditures made in the year under the grant or
contract, including the proportion of such expenditures used
for administrative purposes and for provision of services.
(ii) The proportion of refugees placed by the agency in the
previous year who are receiving cash or medical assistance
described in subsection (e) of this section.
(iii) The efforts made by the agency to monitor placement of
the refugees and the activities of local affiliates of the
agency.
(iv) The extent to which the agency has coordinated its
activities with local social service providers in a manner
which avoids duplication of activities and has provided notices
to local welfare offices and the reporting of medical
conditions of certain aliens to local health departments in
accordance with subparagraphs (B)(i) and (C).
(v) Such other information as the agency administering
paragraph (1) deems to be appropriate in monitoring the
effectiveness of agencies in carrying out their functions under
such grants and contracts.
The agency administering paragraph (1) shall promptly forward a
copy of each annual report transmitted under subparagraph (E) to
the Committees on the Judiciary of the House of Representatives and
of the Senate.
(8) The Federal agency administering paragraph (1) shall
establish criteria for the performance of agencies under grants and
contracts under that paragraph, and shall include criteria relating
to an agency's -
(A) efforts to reduce welfare dependency among refugees
resettled by that agency,
(B) collection of travel loans made to refugees resettled by
that agency for travel to the United States,
(C) arranging for effective local sponsorship and other
nonpublic assistance for refugees resettled by that agency,
(D) cooperation with refugee mutual assistance associations,
local social service providers, health agencies, and welfare
offices,
(E) compliance with the guidelines established by the Director
for the placement and resettlement of refugees within the United
States, and
(F) compliance with other requirements contained in the grant
or contract, including the reporting and other requirements under
subsection (b)(7) of this section.
The Federal administering agency shall use the criteria in the
process of awarding or renewing grants and contracts under
paragraph (1).
(c) Project grants and contracts for services for refugees
(1)(A) The Director is authorized to make grants to, and enter
into contracts with, public or private nonprofit agencies for
projects specifically designed -
(i) to assist refugees in obtaining the skills which are
necessary for economic self-sufficiency, including projects for
job training, employment services, day care, professional
refresher training, and other recertification services;
(ii) to provide training in English where necessary (regardless
of whether the refugees are employed or receiving cash or other
assistance); and
(iii) to provide where specific needs have been shown and
recognized by the Director, health (including mental health)
services, social services, educational and other services.
(B) The funds available for a fiscal year for grants and
contracts under subparagraph (A) shall be allocated among the
States based on the total number of refugees (including children
and adults) who arrived in the United States not more than 36
months before the beginning of such fiscal year and who are
actually residing in each State (taking into account secondary
migration) as of the beginning of the fiscal year.
(C) Any limitation which the Director establishes on the
proportion of funds allocated to a State under this paragraph that
the State may use for services other than those described in
subsection (a)(1)(B)(ii) of this section shall not apply if the
Director receives a plan (established by or in consultation with
local governments) and determines that the plan provides for the
maximum appropriate provision of employment-related services for,
and the maximum placement of, employable refugees consistent with
performance standards established under section 106 of the Job
Training Partnership Act.
(2)(A) The Director is authorized to make grants to States for
assistance to counties and similar areas in the States where,
because of factors such as unusually large refugee populations
(including secondary migration), high refugee concentrations, and
high use of public assistance by refugees, there exists and can be
demonstrated a specific need for supplementation of available
resources for services to refugees.
(B) Grants shall be made available under this paragraph -
(i) primarily for the purpose of facilitating refugee
employment and achievement of self-sufficiency,
(ii) in a manner that does not supplant other refugee program
funds and that assures that not less than 95 percent of the
amount of the grant award is made available to the county or
other local entity.
(d) Assistance for refugee children
(1) The Secretary of Education is authorized to make grants, and
enter into contracts, for payments for projects to provide special
educational services (including English language training) to
refugee children in elementary and secondary schools where a
demonstrated need has been shown.
(2)(A) The Director is authorized to provide assistance,
reimbursement to States, and grants to and contracts with public
and private nonprofit agencies, for the provision of child welfare
services, including foster care maintenance payments and services
and health care, furnished to any refugee child (except as provided
in subparagraph (B)) during the thirty-six month period beginning
with the first month in which such refugee child is in the United
States.
(B)(i) In the case of a refugee child who is unaccompanied by a
parent or other close adult relative (as defined by the Director),
the services described in subparagraph (A) may be furnished until
the month after the child attains eighteen years of age (or such
higher age as 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.]
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) 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) of this section, 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) of this section) providing job or language
training in the area in which the refugee resides; and
(iii) on the refugee's acceptance of appropriate offers of
employment.
(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) 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) of this section
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
program funded 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
supplementary payments) under the program established under title
XVI of that Act [42 U.S.C. 1381 et seq.], 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
one-year period after entry, who does not qualify for assistance
under a State plan approved under title XIX of the Social Security
Act [42 U.S.C. 1396 et seq.] 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
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 this section 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 [42 U.S.C. 1396 et seq., 601 et
seq.].
(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
1524(a) of this title, part A of title IV of the Social Security
Act [42 U.S.C. 601 et seq.], or title XIX of such Act [42 U.S.C.
1396 et seq.], 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) of this section.
(f) Assistance to States and counties for incarceration of certain
Cuban nationals; priority for removal and return to Cuba
(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 chapter.
(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.
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