Refugee Assistance Extension Act of 1986
PL 99-605 (H.R.1452), enacted 11/06/1986

PUBLIC LAW 99-605—NOV. 6, 1986 
100 STAT. 3449 
Public Law 99-605 
99th Congress 
An Act 
To amend the Immigration and Nationality Act to extend for two years the authori- 
Nov. 6, 1986 
zation of appropriations for refugee assistance, and for other purposes. 
[H.R. 1452] 
Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, 
Refugee 
SECTION 1. SHORT TITLE; REFERENCES IN ACT. 
Extension Act of 
(a) SHORT TITLE.—This Act may be cited as the "Refugee Assist- g USC iioi note, 
ance Extension Act of 1986". 
(b) AMENDMENTS TO IMMIGRATION AND NATIONAUTY ACT.—When-
ever in this Act an amendment or repeal is expressed in terms of an 
amendment to, or repeal of, a section or other provision, the ref-
erence shall be considered to be made to a section or other provision 
of the Immigration and Nationality Act. 
8 USC 1101 note. 
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 sec-
tion 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(cXl). 8 USC 1522. 
"(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(bX5)."; 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 SEC- 
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Y OF EDUCATION.—Section 412(dXl) (8 U.S.C. 1522(dXl)) is 
amended by striking out "Director" and inserting in lieu thereof 
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"Secretary of Education". 
(b) AUTHORIZING SECRETARY OF EDUCATION AND ATTORNEY GEN-
ERAL To ISSUE REGULATIONS.—Section 412(aX9) (8 U.S.C. 1522(aX9)) is 
amended by inserting ", the Secretary of Education, the Attorney 
General," after "The Secretary". 
100 STAT. 3450 
PUBLIC LAW 99-605—NOV. 6, 1986 
\- 5. 
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SEC. 4. POLICIES FOR PLACEMENT OF REFUGEES AND REGULAR CON-
SULTATION WITH STATE AND LOCAL GOVERNMENTS IN PLACE-
MENT PROCESS. 
Section 412(a)(2) (8 U.S.C. 1522(a)(2)) is amended— 
(1) in subparagraph (A)— 
(A) by inserting "and the Federal agency administering 
subsection (b)(1)" 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— 
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"(I) the proportion of refugees and comparable entrants 
in the population in the area, 
"(II) the availability of employment opportunities, afford-
able 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 becom-
ing self-sufficient and free from long-term dependence on 
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public assistance, and 
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"(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 (b)(1) shall, 
consistent with such policies and strategies and to the maximum 
w<, ^ 
extent possible, take into account recommendations of the State.". 
SEC. 5. RECEPTION AND PLACEMENT GRANTS. 
(a) DIRECT G A O 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: 
Contracts. 
"(7) Each grant or contract with an agency under paragraph (1) 
shall require the agency to do the following: 
Reports. 
"(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. 
PUBLIC LAW 99-605—NOV. 6, 1986 
100 STAT. 3451 
"(C) To assure that refugees, known to the agency as having 
been identified pursuant to paragraph (4)(B) as having medical 
conditions affecting the pubhc 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 employ-
ment of each refugee resettled and to monitor the implementa-
tion of such plan. 
"(E) To transmit to the Federal agency administering para-
graph (1) an annual report describing the following: 
"(i) The number of refugees placed (by county of place-
ment) and the expenditures made in the year under the 
grant or contract, including the proportion of such expendi-
^ 
tures 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 assist-
ance described in subsection (e). 
"(iii) The efforts made by the agency to monitor place-
ment 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). 
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"(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 
(1)(A). 
(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 estab-
lish 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. 
Health and 
medical care. 
Reports. 
Contracts. 
8 use 1522. 
100 STAT. 3452 
PUBLIC LAW 99-605—NOV. 6, 1986 
Grants. 
Contracts. 
8 u s e 1522 note. 
Contracts. 
Reports. 
"(E) compliance with the guidelines established by the Direc-
tor 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 require-
ments under subsection (b)(7). 
The Federal administering agency shall use the criteria in the 
process of awarding or renewing grants and contracts under para-
graph (1).". 
(d) EFFECTIVE DATES OF AMENDMENTS.—(1) Section 412(b)(7) (other 
than subparagraphs (B)(i), (C), and (D)) 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 
30-day period beginning on the date of the enactment of this Act. 
(2) Section 412(b)(7)(D) 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. 
(3) The criteria required under the amendment made by subsec-
tion (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 Coordina-
tor for Refugee Affairs shall provide for a study on the advisability 
and feasibility of— 
(A) using competitive proposals, cost reimbursement con-
tracts, 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 stand-
ards 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(b)(7)(D) of the Immigration and Nationality Act 
(as added by subsection (b)(1) 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 £is 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 
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PUBLIC LAW 99-605—NOV. 6, 1986 
100 STAT. 3453 
t 
(B) any other amounts authorized to be appropriated for such 
• 
services. 
SEC. 6. ALLOCATION AND USE OF SOCIAL SERVICE FUNDS. 
(a) BASED ON REFUGEE POPULATION.—Section 412(c) (8 U.S.C. 
1522(c)) is amended— 
(1) by redesignating paragraphs (1), (2), and (3) as clauses (i), 
(ii), and (iii), respectively, 
(2) by inserting "(1)(A)" before "The Director", and 
(3) by adding at the end the following new subparagraph: Grants. 
"(B) The funds available for a fiscal year for grants and contracts 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.". 
(b) CLARIFICATION OF USE OF SOCIAL SERVICE FUNDS.—Such section 
is further amended by adding at the end the following new subpara-
graph: 
"(C) Any limitation which the Director establishes on the propor-
tion of funds allocated to a State under this paragraph that the 
State may use for services other than those described in subsection 
(a)(l)(B)(ii) 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 employ-
ment-related services for, and the maximum placement of, employ-
able refugees consistent with performance standards established 
under section 106 of the Job Training Partnership Act.". 
29 use 1516. 
(c) EFFECTIVE DATE.—The amendment made by subsection (a) shall 
8 use 1522 note, 
apply to allocations of funds for fiscal years beginning with fiscal 
year 1987. 
(d) CONFORMING AMENDMENT.—Section 412(e)(2XA)(i) (8 U.S.C. 
1522(e)(2)(A)(i)) is amended by striking out "(c)(1)" and inserting in 
lieu thereof "(c)(l)(A)(i)". 
SEC. 7. MAINTAINING FUNDING LEVEL OF MATCHING GRANT PROGRAM. 
(a) MAINTAINING FUNDING LEVEL.—Subject to the availability of 8 use 1522 note, 
appropriations, the Director of the Office of Refugee Resettlement 
shall not reduce the maximum average Federal contribution level 
per refugee in the matching grant program and shall not increase 
the percentage grantee matching requirement under that program 
below the level, or above the percentage, in effect under the pro-
gram for grants in fiscal year 1985. 
(b) MATCHING GRANT PROGRAM.—The "matching grant program" 
^ ' --
referred to in subsection (a) is the voluntary agency program which 
is known as the matching grant program and is funded under 
section 412(c) of the Immigration and Nationality Act. 
SEC. 8. T A R G E T E D ASSISTANCE PROJECT GRANTS. 
(a) SPECIFIC AUTHORIZATION FOR TARGETED ASSISTANCE PROJECT 
GRANTS.—Section 412(c) (8 U.S.C. 1522(c)), as amended by section 6, 
is further amended by adding at the end the following new 
paragraph: 
"(2XA) 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 
100 STAT. 3454 
PUBLIC LAW 99-605—NOV. 6, 1986 
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 serv-
ices to refugees. 
"(B) Grants shall be made available under this paragraph— 
"(i) primarily for the purpose of facilitating refugee employ-
ment and achievement of self-sufficiency, 
"(ii) in a manner that does not supplant other refugee pro-
gram 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.", 
(b) CONFORMING AMENDMENT.—Section 412(e)(2)(AXii) (8 U.S.C. 
1522(e)(2XA)(ii)) is amended by inserting "or targeted assistance" 
after "social service". 
SEC. 9. CASH AND MEDICAL ASSISTANCE. 
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(a) CLARIFICATION OF DISQUAUFICATION FROM CASH ASSISTANCE 
F
O
R REFUGEES REFUSING OFFERS OF EMPLOYMENT OR TRAINING.— 
Paragraph (2) of section 412(e) (8 U.S.C. 1522(e)) is amended— 
(1) by striking out the last sentence of subparagraph (A), and 
(2) by adding at the end the following new subparagraph: 
"(C) In the case of a refugee who— 
"(i) refuses an offer of employment which has been deter-
mined to be appropriate either by the agency responsible for the 
initial resettlement of the refugee under subsection (b) 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 (AXii) which 
such agency or service determines to be available and appro-
priate, 
cash assistance to the refugee shall be terminated (after opportunity 
for an administrative hearing) for a period of three months (for the 
first such refusEil) or for a period of six months (for any subsequent 
refusal).". 
.,^ ,, 
. 
. 
(b) CONSIDERATION OF RECOMMENDATIONS AND ASSISTANCE OF VOL-
UNTARY AGENCIES.—Such section is further amended by adding at 
the end the following new 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 
(bXl).". 
8 use 1522 note. 
(c) EFFECTIVE DATE.—The amendments made by subsection (a) of 
this section shall apply to aliens entering the United States as 
refugees on or after the first day of the first calendar quarter that 
begins more than 90 days after the date of the enactment of this Act. 
SEC. 10. PERMITTING COVERAGE OF CERTAIN DEPENDENT REFUGEES 
UNDER ALTERNATIVE PROJECTS. 
Section 412(eX7XA) (8 U.S.C. 1522(eX7XA)) is amended by adding at 
the end the following new sentence: "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 pro-
PUBLIC LAW 99-605—NOV. 6, 1986 
100 STAT. 3455 
vided under the project in order to become self-sufficient and that 
their coverage under the projects would be cost-effective.". 
SEC. 
1
1
. 
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". 
SEC. 12. PROHIBITING USE OF BLOCK OR CONSOLIDATED GRANTS. 
Section 412(a)(4) (8 U.S.C. 1522(a)(4)) is amended— 
(1) by redesignating subparagraphs (A) and (B) as clauses (i) 
and (ii), respectively, 
(2) by inserting "(A)" after "(4)", and 
(3) by adding at the end the following new subparagraphs: 
"(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 subdivi-
sion his authority to review or approve grants or contracts under 
this chapter or the terms under which such grants or contracts are 
made.". 
SEC. 13. ASSISTANCE TO STATES AND COUNTIES FOR INCARCERATION OF 
CERTAIN CUBAN NATIONALS. 
Section 412 (8 U.S.C. 1522) is further amended by adding at the 
end the following new subsection: 
"(f) ASSISTANCE TO STATES AND COUNTIES FOR INCARCERATION OF 
CERTAIN CUBAN NATIONALS.—(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 Act. 
"(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 
State and local 
governments. 
Contracts. 
Prisoners. 
100 STAT. 3456 
PUBLIC LAW 99-605—Nov. 6, 1986 
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 com-
pensation, 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 pay-
ments equEils 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. 
President of U.S. 
"(g) It shall be the policy of the United States Government that 
the President, in consultation with the Attorney General and all 
appropriate Federal, State, and county officials referred to in section 
13 of this Act, shall place top priority on seeking the expeditious 
removal from this country and the return to Cuba of such persons 
defined in subsection (fKl) by any reasonable and responsible means, 
and to this end the Attorney General may use the funds hereafter 
authorized by this section to conduct such policy.". 
Approved November 6, 1986. 
:' , '. I 
LEGISLATIVE HISTORY—H.R. 1452 (S. 1262): 
HOUSE REPORTS: No. 99-132, Pt. 1 (Comm. on the Judiciary). 
SENATE REPORTS: No. 99-154 accompanying S. 1262 (Comm. on the Judiciary). 
CONGRESSIONAL RECORD: 
Vol. 131 (1985): June 13, considered and peissed House. 
Vol. 132 (1986): Oct. 18, considered and passed Senate, amended; House con-
curred in Senate amendment.