§ 1523. Congressional reports

Legislative history

Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.

1. 1952

   Refugee Act of 1980

   Pub. L. 96–212 title III § 311(a)(2) · 94 Stat. 102

   Enacted · 8 U.S.C. § 1523

   June 27, 1952, ch. 477, title IV, ch. 2, § 413, as added Pub. L. 96–212, title III, § 311(a)(2), Mar. 17, 1980, 94 Stat. 115

   Source evidence

   Code source credit
   June 27, 1952, ch. 477, title IV, ch. 2, § 413, as added Pub. L. 96–212, title III, § 311(a)(2), Mar. 17, 1980, 94 Stat. 115

   Enacted provision · exact public law section
   (2) by adding at the end thereof the following new chapter: “Chapter 2— Refugee Assistance “Sec. 411. “office of refugee resettlement (a) There is established, within the Department of Establishment. 8 USC 1521. 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 Director. 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 Functions. administer (directly or through arrangements with other Federal agencies), in consultation with and under the general policy guidance of the United States Coordinator for Refugee Affairs (hereinafter in this chapter referred to as the ‘Coordinator’), programs of the Federal Government under this chapter. “Sec. 412. “authorization for programs for domestic resettlement of and assistance to refugees (a) Conditions and Considerations.— (1) In providing 8 USC 1522. assistance under this section, the Director shall, to the extent of available appropriations, (A) make available sufficient resources for employment training and placement in order to achieve economic self-sufficiency among refugees as quickly as possible, (B) provide refugees with the opportunity to acquire sufficient English language training to enable them to become effectively resettled as quickly as possible, (C) 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 (D) insure that women have the same opportunities as men to participate in training and instruction. “(2) The Director, together with the Coordinator, shall consult Consultation. regularly 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. “(3) In the provision of domestic assistance under this section, the Domestic assistance, periodic assessment. 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. In allocating resources, the Director shall avoid duplication of services and provide for maximum coordination between agencies providing related services. “(4) No grant or contract may be awarded under this section unless Grants and contracts. 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 any such other appropriate administering official are authorized— “(A) to make loans, and “(B) 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. “(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 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 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). “(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 chapter, 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 chapter. The Secretary of State and the Director shall jointly monitor the assistance provided during fiscal years 1980 and 1981 under this paragraph. “(B) The President shall provide for a study of which agency is best Study, report to Congress. able to administer the program under this paragraph and shall report, not later than March 1, 1981, to the Congress on such study. If the President determines after such study 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, education, and job training programs. 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, in consultation with the Coordinator, Refugee temporary care. 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 and 50 USC app. 1211 note. section 414(b) of this chapter) 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, in consultation with the Coordinator, shall— Medical screening and care. “(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. “(c) Project Grants and Contracts for Services for Refugees.— The Director is authorized to make grants to, and enter into contracts with, public or private nonprofit agencies for projects specifically designed— “(1) 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; “(2) to provide training in English where necessary (regardless of whether the refugees are employed or receiving cash or other assistance); and “(3) to provide where specific needs have been shown and recognized by the Director, health (including mental health) services, social services, educational and other services. “(d) Assistance for Refugee Children.— (1) The Director 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 42 USC 620. 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) 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 up to 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) Cash assistance provided under this subsection to an employable refugee is conditioned, except for good cause shown— “(A) on the refugee’s registration with an appropriate agency providing employment services described in subsection (c)(1), or, if there is no such agency available, with an appropriate State or local employment service; and “(B) on the refugee’s acceptance of appropriate offers of employment; except that subparagraph (A) does not apply during the first sixty days after the date of the refugee’s entry. “(3) The Director shall develop plans to provide English training 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 Aid under State plan. 42 USC 601, 1396. 42 USC 1381. 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 Medical assistance provision. 42 USC 1396. 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 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. “Sec. 413. “congressional reports (a) (1) The Secretary, in consultation with the Coordinator, 8 USC 1523. 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. “(2) Each such report shall contain— Contents. “(A) an updated profile of the employment and labor force statistics for refugees who have entered under this Act since May 1975, as well as a description of the extent to which refugees received the forms of assistance or services under this chapter during that period; “(B) a description of the geographic location of refugees; “(C) 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; “(D) a description of (i) the activities, expenditures, and policies of the Office under this chapter and of the activities of States, voluntary agencies, and sponsors, and (ii) the Director’s plans for improvement of refugee resettlement; “(E) evaluations of the extent to which (i) 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 (ii) any fraud, abuse, or mismanagement has been reported in the provisions of services or assistance; “(F) a description of any assistance provided by the Director pursuant to section 412(e)(5); “(G) a summary of the location and status of unaccompanied refugee children admitted to the United States; and “(H) a summary of the information compiled and evaluation made under section 412(a)(8). “(b) The Secretary, in consultation with the Coordinator, shall conduct and report to Congress, not later than one year after the date of the enactment of this chapter, an analysis of— “(1) resettlement systems used by other countries and the applicability of such systems to the United States; “(2) the desirability of using a system other than the current welfare system for the provision of cash assistance, medical assistance, or both, to refugees; and “(3) alternative resettlement strategies. “Sec. 414. “authorization of appropriations (a) (1) There are hereby authorized to be appropriated for fiscal year 1980 and for each of the two succeeding fiscal years, such sums as may be necessary for the purpose of providing initial resettlement assistance, cash and medical assistance, and child welfare services under subsections (b)(1), (b)(3), (b)(4), (d)(2), and (e) of section 412. “(2) There are hereby authorized to be appropriated for fiscal year 1980 and for each of the two succeeding fiscal years $200,000,000, for the purpose of carrying out the provisions (other than those described in paragraph (1)) of 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.”.

2. 1982

   Pub. L. 97–363 § 3(b) · 96 Stat. 1734

   Added · 8 U.S.C. § 1523(c)

   Pub. L. 97–363, § 3(b), added subsec. (c)

   Source evidence

   Code amendment note
   Subsec. (c). Pub. L. 97–363, § 3(b), added subsec. (c).

   Enacted provision · exact public law section
   (b) Section 413 of such Act (8 U.S.C. 1523) is amended by adding at the end the following new subsection: “(c) (1) The Director shall study the feasibility and advisability of Study. providing— “(A) for interim support (to refugees who are not employment-ready upon arrival in the United States) for a period determined on a case-by-case basis through a mechanism (other than public assistance) that recognizes the primary role of case management through voluntary agencies at the local level, and “(B) a mechanism (other than one associated with the provision Report to Congress. of cash assistance) through which refugees, requiring medical (but not cash) assistance, are provided medical assistance, and shall report to Congress on the study not later than January 1, 1983. “(2) The Director shall study and report to the Congress, not later Study and report to Congress. than September 30, 1983, on the feasibility and advisability of providing for the establishment of special refugee centers in various locations at which refugees would receive orientation, training, and education in English and in the legal governmental, monetary and economic systems, history, culture, and geography of the United States before resettlement in the United States.”.

3. 1982

   Pub. L. 97–363 § 7 · 96 Stat. 1734

   Added · 8 U.S.C. § 1523(d)

   Pub. L. 97–363, § 7, added subsec. (d)

   Source evidence

   Code amendment note
   Subsec. (d). Pub. L. 97–363, § 7, added subsec. (d).

   Enacted provision · exact public law section
   Sec. 7. study of need for refugee impact aid program Section 413 of the Immigration and Nationality Act (8 U.S.C. 1522), as amended by section 3(b) of this Act, is further Ante, p. 1734 8 USC 1523. amended by adding after subsection (c) the following new subsection: “(d) The Director shall study, and report to Congress not later Study and report to Congress. than January 1, 1983, on the feasibility and advisability of establishing a program providing payments to States, counties, cities, and other units of local government to reflect a net increase in outlays on educational, health, criminal justice, and other governmental services resulting directly from the initial resettlement of refugees in, or secondary migration of refugees to, that State, county, city, or other unit. Such study shall include an examination of the extent to which the programs and assistance described in section 412 (particularly 8 USC 1522. under subsection (c) thereof) provide for such payments to impacted areas and the extent to which increased outlays in these impacted areas are offset by the provision of additional Federal funds under other programs or authority or by increased taxes, revenues, or other economic activity resulting from refugee resettlement in, or migration, to these areas.”.

4. 1986

   Refugee Assistance Extension Act of 1986

   Pub. L. 99–605 § 11 · 100 Stat. 3449

   Substituted · 8 U.S.C. § 1523(a)(2)(A)

   Pub. L. 99–605 substituted “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” for “under this chapter since May 1975”

   Source evidence

   Code amendment note
   Subsec. (a)(2)(A). Pub. L. 99–605 substituted “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” for “under this chapter since May 1975”.

   Enacted provision · exact public law section
   SEC. 11. REFUGEES COVERED BY ANNUAL REPORT. Section 413(a)(2)(A) (8 U.S.C. 1523(a)(2)(A)) is amended by striking out “under this Act since May 1975” and inserting in lieu thereof “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”.

5. 1988

   Immigration Technical Corrections Act of 1988

   Pub. L. 100–525 § 9(jj) · 102 Stat. 2609

   1. Redesignated · 8 U.S.C. § 1523

      Pub. L. 100–525 redesignated former subsec. (a)(1) as (a) and former subsec. (a)(2) as (b), and within (b), further redesignated former subpars. (A) to (H) as pars. (1) to (8), respectively, and former cls. (i) and (ii) of pars. (4) and (5) as cls. (A) and (B), respectively;

   2. Struck · 8 U.S.C. § 1523

      Pub. L. 100–525 struck out former subsec. (b) which provided for a report to Congress by the Secretary not later than one year after Mar. 17, 1980, and former subsecs. (c) and (d) which provided for certain reports to Congress by the Director not later than certain dates in 1983

   Source evidence

   Code amendment note
   Pub. L. 100–525 redesignated former subsec. (a)(1) as (a) and former subsec. (a)(2) as (b), and within (b), further redesignated former subpars. (A) to (H) as pars. (1) to (8), respectively, and former cls. (i) and (ii) of pars. (4) and (5) as cls. (A) and (B), respectively; and struck out former subsec. (b) which provided for a report to Congress by the Secretary not later than one year after Mar. 17, 1980, and former subsecs. (c) and (d) which provided for certain reports to Congress by the Director not later than certain dates in 1983.

   Enacted provision · exact public law section
   (jj) Section 413 of such Act (8 U.S.C. 1523) is amended— (1) by striking subsections (b), (c), and (d), and (2) in subsection (a)— (A) in subparagraphs (D) and (E) of paragraph (2), by redesignating clauses (i) and (ii) as clauses (A) and (B), respectively, (B) in paragraph (2), by redesignating subparagraphs (A) through (H) as paragraphs (1) through (8), respectively, (C) by redesignating paragraph (2) as subsection (b), and (D) in paragraph (1), by striking “(a)(1)” and inserting “(a)”.

6. 1994

   Foreign Relations Authorization Act, Fiscal Years 1994 and 1995

   Pub. L. 103–236 title I § 162(n)(3) · 108 Stat. 382

   Struck · 8 U.S.C. § 1523(a)

   Pub. L. 103–236 struck out “, in consultation with the Coordinator,” after “The Secretary”

   Source evidence

   Code amendment note
   Subsec. (a). Pub. L. 103–236 struck out “, in consultation with the Coordinator,” after “The Secretary”.

   Enacted provision · exact public law section
   (n) Immigration and Nationality Act.— (1) Section 411(b) of the Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended by striking “and under the general policy guidance of the United States Coordinator for Refugee Affairs (hereinafter in this chapter referred to as the ‘Coordinator’)” and inserting “the Secretary of State”. (2) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended— (A) in subsection (a)(2)(A), by striking “, together with the Coordinator,”; (B) in subsections (b)(3) and (b)(4), by striking “in consultation with the Coordinator,”; and (C) in subsection (e)(7)(C), by striking “, in consultation with the United States Coordinator for Refugee Affairs,”. (3) Section 413(a) of the Immigration and Nationality Act (8 U.S.C. 1523) is amended by striking “, in consultation with the Coordinator,”.

   Effective date note
   Amendment by Pub. L. 103–236 applicable with respect to officials, offices, and bureaus of Department of State when executive orders, regulations, or departmental directives implementing the amendments by sections 161 and 162 of Pub. L. 103–236 become effective, or 90 days after Apr. 30, 1994, whichever comes earlier, see section 161(b) of Pub. L. 103–236, as amended, set out as a note under section 2651a of Title 22, Foreign Relations and Intercourse.

7 of 7 references resolved to an enrolled provision