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SEC. 3. PLACEMENT OF OFFICE OF REFUGEE RESETTLEMENT WITHIN THE OFFICE OF SECRE
TARY 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(d/1) (8 U.S.C. 1522(d/1)) 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(aX9) (8 U.S.C. 1522 a 9)) is amended by inserting “, the Secretary of Education, the Attorney General,” after “The Secretary”. SEC. 4. POLICIES FOR PLACEMENT OF REFUGEES AND REGULAR CONSULTATION WITH STATE
AND LOCAL GOVERNMENTS IN PLACEMENT PROCESS. [Omitted; amended section 412(aX2).] SEC. 5. RECEPTION AND PLACEMENT GRANTS.
(a) DIRECT GAO AUDIT OF GRANTS.—[Omitted; added paragraph (6) to § 412(b).] (b) REQUIREMENTS UNDER GRANTS.-COmitted; added paragraph (7) to § 412(b).]
(c) PERFORMANCE CRITERIA FOR GRANTS.— [Omitted; added paragraph (8) to § 412(b).]
(d) EFFECTIVE DATES OF AMENDMENTS.—1) Section 412(b)(7) (other than subparagraphs (BXi), (C), and (D)) of the Immigration and 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(bX7)(D) of the Immigration and Nationality Act, as added by subsection (bX1) 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 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 participation 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 Immi
gration 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 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 Department 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
(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.—[Omitted; added subparagraph (B) to § 412(c)(1).]
(b) CLARIFICATION OF USE OF SOCIAL SERVICE FUNDS.—[Omitted; added subparagraph (C) to § 412(c/1).]
(c) EFFECTIVE DATE.The amendment made by subsection (a) shall apply to allocations of funds for fiscal years beginning with fiscal year 1987.
(d) CONFORMING AMENDMENT.- -[Omitted.] SEC. 7. MAINTAINING FUNDING LEVEL OF MATCHING GRANT PROGRAM.
(a) MAINTAINING FUNDING LEVEL.-Subject to the availability of 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 program 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. TARGETED ASSISTANCE PROJECT GRANTS.
(a) SPECIFIC AUTHORIZATION FOR TARGETED ASSISTANCE PROJECT GRANTS.—[Omitted; added paragraph (2) to § 412(c).]
(b) CONFORMING AMENDMENT.—[Omitted.] SEC. 9. CASH AND MEDICAL ASSISTANCE.
(a) CLARIFICATION OF DISQUALIFICATION FROM CASH ASSISTANCE FOR REFUGEES REFUSING OFFERS OF EMPLOYMENT OR TRAINING.– [Omitted; added subparagraph (C) to $ 412(e)(2).]
(b) CONSIDERATION OF RECOMMENDATIONS AND ASSISTANCE OF VOLUNTARY AGENCIES.-[Omitted; added paragraph (8) to § 412(e).]
(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. [Omitted; added sentence at the end of § 412(e)(7)(A).] SEC. 11. REFUGEES COVERED BY ANNUAL REPORT.
[Amended $ 413(a)2)(A).] SEC. 12. PROHIBITING USE OF BLOCK OR CONSOLIDATED GRANTS.
[Omitted; added subparagraphs (B) and (C) to § 412(a)(4).] SEC. 13. ASSISTANCE TO STATES AND COUNTIES FOR INCARCERATION OF CERTAIN CUBAN NA
TIONALS. [Omitted; added subsections (f) and (g) to § 412.]
G. CUBAN POLITICAL PRISONERS AND IMMIGRANTS
(Title VII of the Departments of Commerce, Justice, and State, the
Judiciary, and Related Agencies Appropriation Act, 1988, as contained in § 101(a) of Public Law 100-202, December 22, 1987, 101 Stat. 1329-40)
TITLE VII—CUBAN POLITICAL PRISIONERS AND IMMIGRANTS
SEC. 701. This title may be cited as “Cuban Political Prisioners and Immigrants”.
Sec. 702. ' (a) PROCESSING OF CERTAIN CUBAN POLITICAL PRISONERS AS REFUGEES.In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of the enactment of this Act, consular officer [s] of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any
1 This section is virtually identical to, and duplicative of, § 903 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, 101 Stat. 1401, Dec. 22, 1987), shown in Appendix II.E.
Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants.
(b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS IN THIRD COUNTRIES.—Notwithstanding section 212(f) and section 243(g) of the Immigration and Nationality Act, on and after the date of the enactment of this Act, consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries. (c) DEFINITIONS.—For purposes of this section:
(1) The term “process” means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.
(2) The term “refugee” has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act.
IV. CURRENT OR RECENT ALIEN ADJUSTMENT PROVISIONS
A. CUBAN ADJUSTMENT
(Public Law 89-732, November 2, 1966, as Amended)
That, notwithstanding the provisions of section 245(c) of the Immigration and Nationality Act the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least one year, may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien's admission for permanent residence as of a date thirty months prior to the filing of such an application or the date of his last arrival into the United States, whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this subsection, regardless of their citizenship and place of birth, who are residing with such alien in the United States.
SEC. 2. In the case of any alien described in section 1 of this Act who, prior to the effective date thereof, has been lawfully admitted into the United States for permanent residence, the Attorney General shall, upon application, record his admission for permanent residence as of the date the alien originally arrived in the United States as a nonimmigrant or as a parolee, or a date thirty months prior to the date of enactment of this Act, whichever date is later.
[Section 3 amended § 13 of Pub. L. 89-236 (8 U.S.C. 1255(c)); omitted as executed.]
SEC. 4. Except as otherwise specifically provided in this Act, the definitions contained in section 101 (a) and (b) of the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigation nationality, or naturalization.
Sec. 5. The approval of an application for adjustment of status to that of lawful permanent resident of the United States pursuant to the provisions of section 1 of this Act shall not require the Secretary of State to reduce the number of visas authorized to be issued in any class in the case of any alien who is physically present in the United States on or before the effective date of the Immigration and Nationality Act Amendments of 1976.
B. INDOCHINA REFUGEE ADJUSTMENT
(Title I of Public Law 95-145, October 28, 1977)
TITLE I-ADJUSTMENT OF STATUS OF INDOCHINA REFUGEES Sec. 101. That (a) the status of any alien described in subsection (b) of this section may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if