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14. Department of Defense Authorization Act, 1985 (Public Law 98-525, October 19, 1984), Sec. 1543

REAFFIRMATION OF UNITED STATES POLICY TOWARD CUBA

Sec. 1543. (a) It is the policy of the Government of the United States to continue in its relations with the Government of Cuba the policy set forth in the joint resolution entitled "Joint resolution expressing the determination of the United States with respect to the situation in Cuba", approved by the President on October 3, 1962 (Public Law 87-733; 76 Stat. 697).

(b) Nothing in this section shall be deemed to change or otherwise affect the standards and procedures provided in the National Security Act of 1947, the Foreign Assistance Act of 1961, or the War Powers Resolution. This section does not constitute the statutory authorization for introduction of United States Armed Forces contemplated by the War Powers Resolution.

15. International Security and Development Cooperation Act of 1985 (Public Law 99-83, August 8, 1985), Sec. 718

SEC. 718. CONDEMNING HUMAN RIGHTS VIOLATIONS AND THE SUBVERSION OF OTHER GOVERNMENTS BY THE GOVERNMENT OF CUBA.

(a) CONDEMNATION OF CERTAIN ACTION BY THE GOVERNMENT OF CUBA.-The Congress condemns

(1) the consistent pattern of gross violations of internationally recognized human rights by the Cuban Government, including

(A) cruel, inhumane, and degrading treatment and punishment of prisoners;

(B) the suppression of free speech, press, and assembly; and

(C) restrictions on religious activity and the freedom to emigrate; and

(2) the provision by the Cuban government of material aid and personnel support for the purposes of subversion.

(b) CALL UPON THE GOVERNMENT OF CUBA.-The Congress calls upon the Government of Cuba to restore civil liberties and cease in the violation of human rights of the Cuban people and cease the subversion of other governments through material and personnel support.

16. Refugee Assistance Extensions Act of 1986 (Public Law 99-605, November 6, 1986)

REFUGEE ASSISTANCE EXTENSION ACT OF 1986

For Legislative History of Act see Report for P.L. 99-605
in Legislative History Section, post.

An Act to amend the immigration and Nationality Act to extend for two years the authorization of appropriations for refugee assistance, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; REFERENCES IN ACT.

(a) SHORT TITLE.-This Act may be cited as the "Refugee Assistance Extension Act of 1986".

(b) AMENDMENts to Immigration and NaTIONALITY ACT.-Whenever in this Act an amendment or repeal is expressed in terms of an amendment to, or repeal of, a section or other provision, the reference shall be considered to be made to a section or other provision of the Immigration and Nationality Act.

SEC. 2. TWO-YEAR EXTENSION OF AUTHORIZATION OF APPROPRIATIONS. (a) Two-YEAR EXTENSION.-Section 414(a) (8 U.S.C. 1524(a)) is amended by striking out “fiscal year 1983" and inserting in lieu thereof "each of fiscal years 1987 and 1988" in paragraph (1). (b) ADDITIONAL AuthorizatIONS OF APPROPRIATIONS.-Such section is further amended

(1) by striking out “(2) and (3)" in paragraph (1) and inserting in lieu thereof "(2) through (5)";

(2) by striking out paragraphs (2) and (3) and inserting in lieu thereof the following:

"(2) There are hereby authorized to be appropriated for fiscal year 1987 $74,783,000 and for fiscal year 1988 $77,924,000 for the purpose of providing services with respect to refugees under section 412(cx1). (3) There are hereby authorized to be appropriated for fiscal year 1987 $8,761,000 and for fiscal year 1988 $9,125,000 for the purpose of carrying out section 412(b)(5)."; and

(3) by adding at the end the following new paragraph:
"(4) There are authorized to be appropriated for fiscal year 1987
$5,215,000 and for fiscal year 1988 $5,434,000 for the purpose of
carrying out the provisions of section 412(f).".

SEC. 3. PLACEMENT OF OFFICE OF REFUGEE RESETTLEMENT WITHIN
THE OFFICE OF SECRETARY OF HEALTH AND HUMAN SERVICES
AND CLARIFYING ROLE OF SECRETARY OF EDUCATION.

(a) PROVISION OF ASSISTANCE FOR REFUGEE CHILDREN BY SECRETARY OF EDUCATION.-Section 412(dx1) (8 U.S.C. 1522(dx1)) is amended by striking out “Director" and inserting in lieu thereof "Secretary of Education".

(b) AUTHORIZing Secretary OF EDUCATION AND ATTORNEY GENERAL TO ISSUE REGULATIONS.-Section 412(a)9) (8 U.S.C. 1522(ax9)) is amended by inserting ", the Secretary of Education, the Attorney General," after "The Secretary".

100 STAT. 3449

Refugee
Assistance
Extension Act of
1986.

8 USC 1101 note.

8 USC 1101 note.

8 USC 1522.

P.L. 99-605

LAWS OF 99th CONG.-2nd SESS.

Nov. 6

Contracts.

Reports.

SEC. 4. POLICIES FOR PLACEMENT OF REFUGEES AND REGULAR CON
SULTATION WITH STATE AND LOCAL GOVERNMENTS IN PLACE
MENT PROCESS.

Section 412(aX2) (8 U.S.C. 1522(a)2)) is amended

(1) in subparagraph (A)—

(A) by inserting "and the Federal agency administering subsection (bx1)" after "Director",

(B) by inserting "(not less often than quarterly" after "regularly", and

(C) by inserting "before their placement in those States and localities" after "localities";

(2) in subparagraph (C)—

(A) by striking out "and" at the end of clause (i),

(B) by striking out the period at the end of clause (ii) and inserting in lieu thereof ", and", and

(C) by adding at the end the following new clause: "(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."; and

(3) by adding at the end the following new subparagraph: "(D) With respect to the location of placement of refugees within a State, the Federal agency administering subsection (bx1) shall, consistent with such policies and strategies and to the maximum extent possible, take into account recommendations of the State.".

SEC. 5. RECEPTION AND PLACEMENT GRANTS.

(a) DIRECT GAO AUDIT OF GRANTS-Paragraph (6) of section 412(b) (8 U.S.C. 1522(b)) is amended to read as follows:

"(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.".

(b) REQUIREMENTS UNDER GRANTS.-Such section is further amended

(1) by adding at the end the following new paragraph: "(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) 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.

.100 STAT. 3450

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"(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.

P.L. 99-605

Health and medical care.

"(E) To transmit to the Federal agency administering para- Reports. graph (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).

"(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.", and

(2) by striking out the fifth and sixth sentences of paragraph (1XA).

(c) PERFORMAnce Criteria FOR GRANTS.-Such section is further amended by adding after paragraph (7) (added by subsection (b)) the following new paragraph:

"(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,

100 STAT. 3451

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Contracts.
8 USC 1522.

P.L. 99-605

Grants.
Contracts.

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"(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).

The Federal administering agency shall use the criteria in the process of awarding or renewing grants and contracts under paragraph (1).".

(d) Effective Dates of Amendments.—(1) Section 412(b)7) (other than subparagraphs (Bxi), (C), and (D)) of the Immigration and 8 USC 1522 note. Nationality Act, as added by subsection (bX1) of this section, shall apply to grants and contracts made or renewed after the end of the 30-day period beginning on the date of the enactment of this Act. (2) Section 412(bx7xD) of the Immigration and Nationality Act, as added by subsection (b)(1) of this section, shall apply to grants and contracts made or renewed after the end of the six-month period beginning on the date of the enactment of this Act.

Contracts.

Reports.

(3) The criteria required under the amendment made by subsection (c) shall be established not later than 60 days after the date of the enactment of this Act.

(e) REPORT ON RECEPTION AND PLACEMENT GRANTS.-(1) Within amounts provided in appropriation acts, the United States Coordinator for Refugee Affairs shall provide for a study on the advisability and feasibility of

(A) using competitive proposals, cost reimbursement contracts, financial incentives based on performance standards, and other means for providing greater efficiency in awarding grants and contracts for initial reception and placement under section 412(b) of the Immigration and Nationality Act,

(B) modifying the eligibility requirements for agency partici pation under that section,

(C) permitting refugee mutual assistance associations to participate under that section and to apply for such grants and contracts, and

(D) using financial incentives linked to performance standards in awarding social service grants and contracts for services under section 412(c) of the Immigration and Nationality Act. (2) The Coordinator shall submit the results of the study to Congress not later than six months after the date of the enactment of this Act.

(f) Additional Authorization of Appropriations for RecePTION AND PLACEMENT SERVICES.-(1) In order to insure that sufficient funds are authorized to be appropriated to provide for reception and placement services in fulfillment of the responsibilities required under section 412(bx7xD) of the Immigration and Nationality Act (as added by subsection (bX1) of this section), there are authorized to be appropriated (in addition to the amounts described in paragraph (2)) for fiscal years 1987 and 1988 any such additional sums as may be necessary to fulfill the responsibilities under that section. (2) The amounts described in this paragraph are

(A) the amounts authorized to be appropriated to the Depart ment of State for "Migration and Refugee Assistance" for fiscal years 1986 and 1987, which may be used for enhanced reception and placement services under section 412(b) of the Immigration and Nationality Act; and

100 STAT. 3452

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