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duced under this subsection), exceeds (ii) the number of

aliens who were chargeable to such level in the year. (e) APPLICATION PERIOD DEFINED.-In this section, the term “application period” means the 12-month period beginning July 1, 1993.

(2) Indochinese Refugee

- Refugee Resettlement and Protection Act of


Partial text of Public Law 100

Law 100-202 (Sec. 101(a) of the Continuing Appropria.
Res. 395), 101 Stat. 1329 40, approved December 22,

1988. HJ. Res. 395), 101 Stat 1300



ON Making further continuing appropriations for the fiscal year

1988, and for other purposes. be Senate and House of Representatives of the UnitAmerica in Congress assembled, That

Resolved by the Senate and ed States of America in Con

The following sums are hereby a in the Treasury not otherwise corporate or other revenues. partments, agencies, corporations

ims are hereby appropriated, out of any money not otherwise appropriated, and out of applicable her revenues, receipts, and funds, for the several de. - concies, corporations, and other organizational units of

Dont for the fiscal year 1988, and for other purposes,


SEC. 101. (a) Such amoun projects or activities provided for in Justice, and State, the Judiciary tions Act, 1988 at a rate of one manner provided for, the pro if it had been enacted into lu as follows:

wo Such amounts as may be necessary for programs,

os provided for in the Departments of Commerce,

the Judiciary, and Related Agencies Appropriaces at a rate of operations and to the extent and in the provided for, the provisions of such Act to be effective as.

on enacted into law as the regular appropriations Act,

AN ACT Making appropriations for the

State, the Judiciary, and related agen 1988, and for other purposes.

ing appropriations for the Departments of Commerce, Justice and e Judiciary, and related agencies for the fiscal year ending September 30.


PROTECTION ACT OF 1987 1 EC. 801. This title may be cited as the “Indochinese Refugee Re. settlement and Protection Act of 1987”. SEC 802. (a) FINDINGS.-It is the sense of the Congress that

(1) the continued occupation of Cambodia by Vietnam and the oppressive conditions within Vietnam, Cambodia, and Laos have led to a steady flight of persons from those countries, and the likelihood for the safe repatriation of the hundreds of thousands of refugees in the region's camps is negligible for the foreseeable future;

(2) the United States has already played a major role in re. sponding to the Indochinese refugee problem by accepting an

1 Legislation nearly identical to secs. 801 through 803 of this Act was enacted as seca the Foreign Relations Authorization Act, 1988 and 1989 (Public Law 100-204; 101 Stat

100-204; 101 Stat. 1 402).

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proximately 850,000 Indochinese refugees into the United States since 1975 and has a continued interest in persons who have fled and continue to flee the countries of Cambodia, Laos, and Vietnam;

(3) Hong Kong, Indonesia, Malaysia, Singapore, the Philippines, and Thailand have been the front line countries bearing tremendous burdens caused by the flight of these persons;

(4) all members of the international community bear a share of the responsibility for the deterioration in the refugee first asylum situation in Southeast Asia because of slow and limited procedures, failure to implement effective policies for the region's “long-stayer” populations, failure to monitor adequately refugee protection and screening programs, particularly along the Thai-Cambodian and Thai-Laotian borders, and the instability of the Orderly Departure Program (ODP) from Vietnam which has served as the only safe, legal means of departure from Vietnam for refugees, including Amerasians and long-held "reeducation camp” prisoners;

(5) the Government of Thailand should be complimented for allowing the United States to process ration card holders in Khao I Dang and potentially qualified immigrants in Site 2 and in Khao I Dang;

(6) given the serious protection problem in Southeast Asian first asylum countries and the need to preserve first asylum in the region, the United States should continue its commitment to an ongoing, generous admission and protection program for Indochinese refugees, including urgently needed educational programs for refugees along the Thai-Cambodian and Thai-Laotian borders, until the underlying causes of refugee flight are addressed and resolved;

(7) the executive branch should seek adequate funding levels to meet United States policy objectives to ensure the well-being of Indochinese refugees in first asylum, and to process 29,500 Indochinese refugees within the overall refugee admissions level of 68,000 as determined by the President; and

(8) the Government of Thailand should be complimented for the progress that has been made in implementing an effective

antipiracy program. (b) RECOMMENDATIONS.—The Congress finds and recommends the following with respect to Indochinese refugees:

(1) The Secretary of State should urge the Government of Thailand to allow full access by highland refugees to the Lao Screening Program, regardless of the method of their arrival or the circumstances of their apprehension, and should intensify its efforts to persuade the Government of Laos to accept the safe return of persons rejected under the Lao Screening Program.

(2) Refugee protection and monitoring activities should be expanded along the Thai-Laotian border in an effort to identify and report on incidents of refugees forcibly repatriated into Laos.

(3) The Secretary of State should urge the Government of Thailand to address immediately the problems of protection associated with the Khmer along the Thai-Cambodian border. The Government of Thailand, along with appropriate international relief agencies, should develop and implement a plan to provide for greater security and protection for the Khmer at the Thai border.

(4) The international community should increase its efforts to assure that Indochinese refugee camps are protected, that refugees have access to a free market at Site 2, and that international observers and relief personnel are present on a 24hour-a-day basis at Site 2 and any other camp where it is deemed necessary.

(5) The Secretary of State should make every effort to identify each person at Site 2 who may qualify for admission to the United States as an immigrant and for humanitarian parole.

(6) The United Nations High Commissioner for Refugees should be pressed to upgrade staff presence and the level of advocacy to revive the international commitment with regard to the problems facing Indochinese refugees in the region, and to pursue voluntary repatriation possibilities in cases where mon

itoring is available and the safety of the refugees is assured. (c) ALLOCATIONS OF REFUGEE ADMISSIONS.—Given the existing connection between ongoing resettlement and the preservation of first asylum, the United States and the United Nations High Commissioner for Refugees should redouble efforts to assure a stable and secure environment for refugees while dialog is pursued on other long-range solutions, it is the sense of the Senate that

(1) within the worldwide refugee admissions ceiling determined by the President, the President should allocate

(A) at least 28,000 admissions from East Asia, first-asylum camps,

(B) at least 8,500 admissions for the Orderly Departure Program, for each of the fiscal years 1988, 1989, and 1990;

and (2) within the allocation made by the President for the Orderly Departure Program from Vietnam pursuant to paragraph (1)(B), admissions allocated in a fiscal year under priorities II and III of the program (as defined in the Department of State Bureau for Refugee Programs worldwide processing priorities) and the number of admissions allocated for Amerasians and their immediate family members under priority I, should be

generous. (d) INTERNATIONAL SOLUTIONS TO REFUGEE PROBLEMS.-It is the sense of the Congress that

(1) renewed international efforts must be taken to address the problem of Indochinese refugees who have lived in camps for 3 years or longer; and

(2) the Secretary of State should urge the United Nations High Commissioner for Refugees to organize immediately an international conference to address the problems of Indo

chinese refugees. SEC. 803. REPORTING REQUIREMENT.—The President shall submit a report to Congress within 180 days after the date of the enactment of this Act on the respective roles of the Immigration and Naturalization Service and the Department of State in the refugee program with recommendations for improving the effectiveness and efficiency of the program.

SEC. 804.2 FINDINGS AND DECLARATIONS.—The Congress makes the following findings and declarations:

(a) Thousands of children in the Socialist Republic of Vietnam were fathered by American civilians and military person


(b) It has been reported that many of these Amerasian children are ineligible for ration cards and often beg in the streets, peddle black market wares, or prostitute themselves.

(c) The mothers of Amerasian children in Vietnam are not eligible for government jobs or employment in government enterprises and many are estranged from their families and are destitute.

(d) Amerasian children and their families have undisputed ties to the United States and are of particular humanitarian concern to the United States.

(e) The United States has a longstanding and very strong commitment to receive the Amerasian children in Vietnam, if they desire to come to the United States.

2 Sec. 804 was also enacted as sec. 905(a), paragraphs (1) through (5), of the Foreign Relations Authorization Act, 1988 and 1989 (Public Law 100–204; 101 Stat. 1404).

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