H.R. 1784 — Introduced in House

I 113th CONGRESS 1st Session H. R. 1784 IN THE HOUSE OF REPRESENTATIVES April 26, 2013 Mr. Peters of Michigan (for himself, Mr. Stivers, Mr. Conyers, Ms. Chu, Mr. Ellison, Mr. Grijalva, Mr. Hastings of Florida, Mr. Honda, Mr. Huizenga of Michigan, Mr. Johnson of Georgia, Mr. Levin, Mr. McGovern, Mr. Moran, Mr. Polis, and Mr. Schiff) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To reform and modernize domestic refugee resettlement programs, and for other purposes. 1. Short title This Act may be cited as the Domestic Refugee Resettlement Reform and Modernization Act of 2013. 2. Findings The Congress makes the following findings: (1) The United States has enhanced and accelerated its efforts to resettle Iraqi refugees since 2007. (2) Resettlement in the United States remains an important option for refugees around the world that lack any other durable solution. (3) Many of these refugees are victims of torture and persecution, or were forced to flee because of support they gave to American military, Government, or media operations. (4) Refugees are often a product of human rights atrocities and war, making them likely to have suffered traumatic events which require the United States to offer them protection and meet their needs once they arrive here. (5) In fiscal year year 2012, a total of 58,238 refugees were resettled in the United States, including 12,163 from Iraq. (6) Upon arrival in the United States, there is authorized up to 36 months of cash and medical assistance available to refugees, as well as access to social services, such as job placement, from the Office of Refugee Resettlement, but in practice refugees receive only 8 months of cash and medical assistance. (7) When given adequate support through the resettlement system, refugees can successfully become self-sufficient and contribute positively to their communities. (8) Additional resources and better data could strengthen refugee services and better respond to the need of highly vulnerable refugees. (9) ORR funding formulas are retroactive in nature, using refugee admission data from up to 3 prior years, so that large increases in refugee admissions are not adequately reflected in the amount of resources provided by ORR. (10) The United States resettlement policy assumes refugees will be able to quickly become self-sufficient, while specifically offering resettlement to individuals who have specific vulnerabilities that inhibit their ability to achieve self-sufficiency and integrate into society. (11) Some refugees will have mental health difficulties associated with trauma or torture and this is one of the significant barriers to self-sufficiency and integration into a community when it is not addressed with adequate and appropriate services. (12) Secondary migration is not properly tracked, and resources are not available for States and agencies experiencing high levels of secondary migration. (13) Refugee services are provided by national resettlement agencies, community based organizations, charities, and nonprofits and coordinated locally by State refugee programs, and all the organizations should be supported in their mission to provide refugee services. 3. Effective date This Act shall take effect on the date that is 90 days after the date of enactment of this Act. 4. Assessment of the refugee domestic resettlement program (a) In general As soon as practicable after the date of the enactment of this Act, the Comptroller General of the United States shall conduct a study regarding the effectiveness of the domestic refugee resettlement programs operated by the Office of Refugee Resettlement. (b) Matters To be studied In the study required under subsection (a), the Comptroller General shall determine and analyze the following: (1) How the Office of Refugee Resettlement defines self-sufficiency and if this definition is adequate in addressing refugee needs in the United States. (2) The effectiveness of the Office of Refugee Resettlement programs in helping refugees to meet self-sufficiency and integration. (3) An evaluation of the Office of Refugee Resettlement’s budgetary resources and projection of the amount of additional resources needed to fully address the unmet needs of refugees with regard to self-sufficiency and integration. (4) The role of community based organizations in serving refugees in areas experiencing a high number of new refugee arrivals. (5) An analysis of how community based organizations can be better utilized and supported in the Federal domestic resettlement process. (6) Recommendations on statutory changes to improve the Office of Refugee Resettlement and the domestic refugee program in relation to the matters analyzed under paragraphs (1) through (5). (c) Report Not later than 2 years after the date of the enactment of this Act, the Comptroller General shall submit the results of the study required under subsection (a) to the Congress. 5. Elevation of the office of refugee resettlement (a) In general Section 411(a) of the Immigration and Nationality Act (8 U.S.C. 1521(a)) is amended by striking the second sentence and inserting the following: The head of the Office of Refugee Resettlement in the Department of Health and Human Services shall be an Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement (hereinafter in this chapter referred to as the Assistant Secretary), to be appointed by the President, and to report directly to the Secretary.. (b) Conforming amendments (1) Section 411(b) of the Immigration and Nationality Act (8 U.S.C. 1521(b)) is amended by striking Director and inserting Assistant Secretary. (2) Section 412 of the Immigration and Nationality Act (8 U.S.C. 1522) is amended by striking Director each place it appears and inserting Assistant Secretary. (3) Section 413 of the Immigration and Nationality Act (8 U.S.C. 1523) is amended by striking Director each place it appears and inserting Assistant Secretary. (4) Section 462 of the Homeland Security Act of 2002 (6 U.S.C. 279) is amended by striking Director each place it appears and inserting Assistant Secretary. (c) References Any reference to the Director of the Office of Refugee Resettlement in any other Federal law, Executive order, rule, regulation, operating instruction, or delegation of authority, or any document of or pertaining to the Department of Health and Human Services or the Office of Refugee Resettlement that refers to the Director of the Office of Refugee Resettlement, shall be deemed to refer to the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement. 6. Refugee assistance (a) Amendments to the social services funding Section 412(c)(1)(B) of the Immigration and Nationality Act (8 U.S.C. 1522(c)(1)(B)) is amended to read as follows: (B) The funds available for a fiscal year for grants and contracts under subparagraph (A) shall be allocated among the States based on a combination of 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, the total number of all other eligible populations served by the Office during the period described who are residing in the State as of the beginning of the fiscal year, and projections on the number and nature of incoming refugees and other populations served by the Office during the subsequent fiscal year. . (b) Report on secondary migration Section 412(a)(3) of the Immigration and Nationality Act (814 U.S.C. 1522(a)(3)) is amended by striking the word periodic to annual and by adding at the end the following: At the end of each fiscal year, the Assistant Secretary shall present a report on these findings to the Congress. The information in the report shall include, but is not limited to, States experiencing departures and arrivals due to secondary migration, likely reasons for migration, the impact of secondary migration on States hosting secondary migrants, availability of social services for secondary migrants in those States, and unmet needs of those secondary migrants.. (c) Assistance made available to secondary migrants Section 412(a)(1) of the Immigration and Nationality Act (8 U.S.C. 1522(a)(1)) is amended by adding at the end the following: (C) When providing such assistance, the Assistant Secretary shall ensure that such assistance is provided to refugees who are secondary migrants and meet all other eligibility requirements for such services. . (d) Notice and rulemaking Not later than 90 days after the date of enactment of this Act, but in no event later than 30 days before the effective date of the amendments made by this section, the Assistant Secretary shall issue a proposed rule of the new formula by which grants and contracts are to be allocated pursuant to the amendments made by subsection (c), and solicit public comment. (e) Effective date The amendment made by this section shall become effective on the first day of the first fiscal year that begins after the date of enactment of this Act. 7. Resettlement data The Assistant Secretary shall expand the Office of Refugee Resettlement’s data analysis, collection, and sharing activities in accordance with the following provisions: (1) Data on mental and physical medical cases The Assistant Secretary shall coordinate with the Centers for Disease Control, national resettlement agencies, community based organizations, and State refugee health programs to track national and State trends on refugees arriving with Class A medical conditions and other urgent medical needs. The Assistant Secretary shall utilize initial refugee health screening data, including history of severe trauma, torture, mental health symptoms, depression, anxiety and PTSD, recorded during domestic and international health screenings, and Refugee Medical Assistance utilization rate data in collecting this information. (2) Data on housing needs The Assistant Secretary shall partner with State refugee programs, community based organizations, and national resettlement agencies to collect data relating to the housing needs of refugees. This data should include the number of refugees who have become homeless and the number at severe risk of becoming homeless. (3) Data on refugee employment and self-sufficiency The Assistant Secretary shall gather longitudinal information relating to refugee self-sufficiency and integration and employment status for the period of 1–3 years post-arrival. (4) Availability of data The data collected under this section shall be updated annually and the Assistant Secretary shall submit a report to the Congress containing that updated data 8. Guidance regarding refugee placement decisions The Secretary of State shall provide guidance to national resettlement agencies and State Refugee Coordinators on consultation with local stakeholders pertaining to refugee resettlement. The Secretary of Health and Human Services, working in collaboration with the Secretary of State, shall collect from Voluntary Agencies and State Refugee Coordinators and disseminate best practices related to the implementation of the guidance on stakeholder consultation on refugee resettlement. 9. Definitions In this Act: (1) National resettlement agency The term national resettlement agency means voluntary agencies contracting with the State Department to provide sponsorship and initial resettlement services to refugees entering the United States. (2) Community based organization The term community based organization means a nonprofit organization providing a variety of social, health, educational and community services to a population that includes refugees resettled into the United States. (3) Assistant secretary The term Assistant Secretary means the Assistant Secretary of Health and Human Services for Refugee and Asylee Resettlement.