H.R.1605 - Emergency Refugee Act of 1989101st Congress (1989-1990)
|Sponsor:||Rep. Berman, Howard L. [D-CA-26] (Introduced 03/23/1989)|
|Committees:||House - Judiciary; Appropriations|
|Latest Action:||House - 04/06/1989 Subcommittee Hearings Held. (All Actions)|
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Text: H.R.1605 — 101st Congress (1989-1990)All Information (Except Text)
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Introduced in House
HR 1605 IH 101st CONGRESS 1st Session H. R. 1605 To provide for the emergency admission of additional refugees during fiscal year 1989, to transfer temporarily certain funds available for State legalization assistance grants to programs to assist in the admission of emergency refugees and to replenish subsequently such funds, and for other purposes. IN THE HOUSE OF REPRESENTATIVES March 23, 1989 Mr. BERMAN (for himself, Mr. FRANK, Mr. SCHUMER, Mr. BUSTAMANTE, Mr. GARCIA, Mr. GILMAN, Mr. MARTINEZ, Mr. MILLER of California, Mr. RICHARDSON, Mr. TORRES, and Mr. WAXMAN) introduced the following bill; which was referred jointly to the Committees on the Judiciary and Appropriations A BILL To provide for the emergency admission of additional refugees during fiscal year 1989, to transfer temporarily certain funds available for State legalization assistance grants to programs to assist in the admission of emergency refugees and to replenish subsequently such funds, 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. This Act may be cited as the `Emergency Refugee Act of 1989'. SEC. 2. AUTHORIZING ADMISSION OF ADDITIONAL REFUGEES DURING FISCAL YEAR 1989. Notwithstanding any other provision of law, the number of refugees who may be admitted under section 207 of the Immigration and Nationality Act during fiscal year 1989 shall be increased by 28,000, to be made available to refugees or refugee programs as follows: 19,000 for refugees from the Soviet Union who will be resettled under the voluntary agency/matching grant program, 5,500 for refugees under the Orderly Departure Program from Vietnam, 2,000 for refugees from Eastern Europe and the Soviet Union, 1,000 for refugees from East Asia First Asylum countries, and 500 for refugees from the Near East. SEC. 3. TRANSFER OF FUNDS TO COVER ADMISSION OF ADDITIONAL REFUGEES. (a) IN GENERAL- Of the funds appropriated under section 204(a)(1) of the Immigration Reform and Control Act of 1986 (relating to State Legalization Impact Assistance Grants) for fiscal year 1989 but not paid to States under section 204(b)(4) of such Act-- (1) $50,000,000 are hereby transferred to the Director of the Office of Refugee Resettlement of the Department of Health and Human Services, of which-- (A) $25,000,000 shall be used for the voluntary agency/matching grant program (described in section 7(b) of Public Law 99-605) in order to provide for the resettlement costs of 25,000 refugees from the Soviet Union and Eastern Europe under such program, and (B) $25,000,000 shall be used for State-administered refugee resettlement programs, to be distributed among the States in proportion to the impact of the refugees who are described in subparagraph (A) or admitted under section 2, to the extent that reimbursement under such programs is not otherwise provided; and (2) $50,000,000 are hereby transferred to the account under the Department of State entitled `United States Emergency Refugee and Migration Assistance Fund' for care and maintenance and resettlement and placement costs of refugees described in paragraph (1). Funds transferred are deemed to be reductions of the allotment to each State in the same proportion as the proportion of the total of the amount transferred bears to the total of such allotments without regard to such transfer. (b) USE OF FUNDS TRANSFERRED- Amounts transferred under subsection (a)-- (1) shall be administered in accordance with all the laws, rules, and regulations applicable to the accounts to which the funds are transferred, except that the dollar limitation in appropriated funds contained in the second sentence of section 2(c)(2) of the Migration and Refugee Assistance Act of 1962 shall not apply; and (2) shall remain available for obligation and expenditure for the same period of time for which funds are available under the accounts to which the funds are transferred. SEC. 4. REPLENISHMENT OF STATE LEGALIZATION IMPACT ASSISTANCE GRANT FUNDS AND USE OF CERTAIN FUNDS. (a) REPLENISHMENT OF SLIAG FUNDS- (1) IN GENERAL- Section 204(a)(1) of the Immigration Reform and Control Act of 1986 is amended-- (A) by inserting `(A)' before `$1,000,000,000', and (B) by inserting before the period at the end the following: `, (B) in addition for each of fiscal years 1990 and 1991, $10,000,000, and (C) in addition for fiscal year 1991, $100,000,000'. (2) REALLOTMENT- Section 204(b)(1) of such Act is amended by adding at the end the following new sentence: `Notwithstanding the previous sentence, of the additional amounts appropriated under subsection (a)(1)(C) for fiscal year 1991, the amounts shall be allotted among the States in the same proportions as the reductions in allotments taken among the States under section 3(a) of the Emergency Refugee Act of 1989.'. (b) USE OF LEGALIZATION ASSISTANCE FUNDS- (1) FEDERAL SET-ASIDE TO ADDRESS SANCTIONS-RELATED EMPLOYMENT DISCRIMINATION- Section 204(a) of such Act is amended-- (A) in paragraph (1), by striking `amount described in paragraph (2)' and inserting `amounts described in paragraphs (2) and (3)', and (B) by adding at the end the following new paragraph: `(3) FEDERAL ANTI-DISCRIMINATION ACTIVITIES- Out of any money in the Treasury not otherwise appropriated, there are appropriated for each of fiscal years 1990 and 1991-- `(A) $5,000,000 to the Office of the Special Counsel for Immigration-Related Unfair Employment Practices, to carry out section 274B of the Immigration and Nationality Act, and `(B) $5,000,000 to the Equal Employment Opportunity Commission to carry out title VII of the Civil Rights Act of 1964 with respect to discrimination in hiring, or recruiting or referring for a fee, for employment or discharging from employment because of an individual's national origin.'. (2) ADDITIONAL USES OF STATE GRANT FUNDS- Section 204(c) of such Act is amended-- (A) in paragraph (1)-- (i) by striking `and' at the end of subparagraph (B), (ii) by striking the period at the end of subparagraph (C) and inserting a comma, and (iii) by inserting after subparagraph (C) the following new subparagraphs: `(D) to make payments for the purpose of providing employment training (including vocational education) and related services for eligible legalized aliens, `(E) to make payments for public education and outreach (including the provision of information to individual applicants) with respect to adjustment to permanent resident status of eligible legalized aliens, and `(F) to make payments for education, outreach, and enforcement efforts by State agencies respecting unfair discrimination in employment practices based on national origin, alienage, or citizenship status.'; and (B) in paragraph (2), by adding at the end the following new subparagraph: `(D) Of the amount allotted to a State with respect to any fiscal year, a State may not use more than-- `(i) 2 percent (or, if greater, $100,000) for payments under paragraph (1)(D), `(ii) 1 percent (or, if greater, $100,000) for payments under paragraph (1)(E), and `(iii) 1 percent (or, if greater, $100,000) for payments under paragraph (1)(F).'. (3) EFFECTIVE DATE- The amendments made by paragraph (2) shall apply to the use of allotments for fiscal years beginning with fiscal year 1988. (c) CLARIFICATION OF REPORTING REQUIREMENTS- (1) IN GENERAL- Section 204(e)(2) of such Act is amended by adding at the end the following new subparagraph: `(D) The Secretary shall not require, under this subsection, that a State account for, or report on, expenditures made under this section by the State on an individual basis in the case of-- `(i) services provided before the date of promulgation of any such requirement, `(ii) services (such as mental health services) that are confidential in nature, or `(iii) any State in which less than 1 percent of the total number of eligible legalized aliens in the United States reside.'. (2) EFFECTIVE DATE- The amendment made by paragraph (1) shall be effective as if it were included in the enactment of the Immigration Reform and Control Act of 1986. (d) APPEALS PROCESS- Section 204(b) of such Act is amended by adding at the end the following new paragraph: `(5) The Secretary shall make available an appeal process for States applying for reimbursement through the Departmental Review Board in the Department of Health and Human Services.'. (e) PRIORITY WITHIN EDUCATION FOR BASIC CITIZENSHIP SKILLS- (1) IN GENERAL- Section 204(d)(1)(B) of such Act is amended by striking `and' before `(iii)' and by inserting before the period at the end the following: `, and (iv) in providing funds for the purpose described in subsection (c)(1)(C) from funds appropriated for fiscal years 1989, 1990, and 1991, priority shall be given to training in English language and in the government and history of the United States to eligible legalized aliens who have been granted lawful temporary resident status under section 245A of the Immigration and Nationality Act and who have not completed a program (or otherwise achieved the basic citizenship skills) required under section 245A(b)(1)(D)(i) of such Act'. (2) NEED TO PROVIDE ADDITIONAL ENGLISH LANGUAGE OR CITIZENSHIP TRAINING- Section 204(c)(3) of such Act is amended by adding at the end the following new sentence: `All eligible legalized aliens requiring and desiring instruction in English language or citizenship (beyond the minimum level required under section 245A(b)(1)(D)(i) of the Immigration and Nationality Act for adjustment of status of aliens under section 245A of such Act) in order to to qualify for naturalization should be provided such instruction.'. (3) EFFECTIVE DATE- A State is not eligible for payment under section 204(b) of the Immigration Reform and Control Act of 1986 from amounts appropriated for fiscal year 1989, 1990, or 1991 unless the State has transmitted to the Secretary of Health and Human Services a statement of assurances that includes the additional assurance inserted by the amendment made by paragraph (1).