Text: H.R.1605 — 101st Congress (1989-1990)All Information (Except Text)

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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).