ENABLING THE UNITED STATES TO RENDER ASSISTANCE TO, OR IN BEHALF OF, CERTAIN MIGRANTS AND REFUGEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100130007-2
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 14
• Document Creation Date: December 16, 2016
• Document Release Date: April 5, 2005
• Sequence Number: 7
• Publication Date: May 9, 1975
• Content Type: REPORT

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HOUSE nu REPRESENTATIVES EPORT
94TH CONGRESS No. 94-197
ENABLING THE UNITED STATES TO RENDER ASSIST-
ANCE TO, OR IN BEHALF OF, CERTAIN MIGRANTS AND
REFUGEES
MAY 9, 1975.-Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
Mr. EILBERG, from the Committee on the Judiciary,
submitted the following
,REPORT
The Committee on the Judiciary, to whom was referred the bill
(H.R. 6755) to enable the United States to render assistance to, or
in behalf of, certain migrants and refugees, having considered the
same, report favorably thereon with an amendment and recommend
that the bill as amended do pass.
The amendment is as follows :
On page 2, at the end of the bill insert the following new section 4
to read as follows :
use of funds and the exercise of functions authorized in this
Act."
"SEC. 4. The President shall keep the Committee on the
Judiciary of the House of Representatives and the Committee
On Foreign Relations of the Senate currently informed of the
PURPOSE OF BILL
The purpose of this legislation is to authorize emergency assistance
for the transportation, temporary maintenance, and resettlement of
Cambodian and Vietnamese refugees. The assistance would be provided
under the framework of the Migration and Refugee Assistance Act of
1962 utilizing established procedures and administrative machinery
with which the voluntary agencies and the state and local governments
are familiar.
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The purpose of the amendment is to require the President to report
on a regular and current basis to the Committee on the Judiciary of the
House of Representatives and the Committee on Foreign Relations of
the Senate as to the operation of this legislation and the expenditure
of funds which are authorized.
Since March 31, 1975 when an urgent situation arose with respect to
the emigration of orphans from South Vietnam who were in the final
stages of adoption by U.S. citizens, the Subcommittee on Immigration,
Citizenship, and International Law has closely followed the develop-
ments in South Vietnam as well as in Cambodia.
During the month of April, the Subcommittee received numerous
briefings from the Departments of State, Justice, and Defense on the
various problems associated with the Indochina conflict. The Subcom-
mittee also held three days of public and executive session hearings on
April 8, 9, and 14. Likewise, senior members of the Committee were
consulted on numerous occasions regarding the use of parole for bring-
ing Cambodian and Vietnamese refugees into the United States.
On April 28, 1975 Camp Pendleton was designated by the Depart-
ment of Defense pursuant to instructions from the Interagency Task
Force on Indochina as the first refugee reception center. During the
weekend of May 3 and 4 the Subcommittee staff, at the direction of the
Chairmen of the Subcommittee and full Committee, observed the proc-
essing procedures and conditions at Camp Pendleton.
In addition, when it became apparent that the monies available
under the Foreign Assistance Act of 1961, as amended, would be in-
sufficient to meet the needs of the war victims, the Subcommittee sched-.
uled an immediate hearing on Monday, May 5, to receive testimony
from Ambassador L. Dean Brown, the President's Special Representa-
tive and Director of the Special Interagency Task Force on Indochina,
with respect to the need for an emergency authorization of funds for
transporting and resettling the Cambodian and Vietnamese refugees.
By this time, several bills amending, or patterned after, the Migra-
tion and Refugee Assistance Act of 1962 had been introduced and re-
ferred to the Committee.
On Tuesday, May 6, the President addressed a letter to the Speaker
of the House calling on the Congress for immediate action. This Ex-
ecutive Communication was accompanied by draft legislation which
was introduced by the Chairman of the full committee, the Honorable
Peter W. Rodino, Jr., on Wednesday, May 7, in the form of H.R. 6755.
A full day of additional hearings was held on May 7 at which time
the Subcommittee received extensive testimony from various repre-
sentatives of the Indochina Task Force including : Mr. James M. Wil-
son and Mr. Frank G. Wisner, Indochina Task Force; Ms. Julia
Vadala Taft and Mr. Michael Sterman, Department of Health, Edu-
cation, and Welfare; Mr. James F. Greene, Deputy Commissioner,
Immigration and Naturalization Service; Mr. Lawrence A. Marinelli,
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Agency for International Development; Mr. James Michel and Mr.
Knute Malmborg, Department of State; Mr. Frank McLaughlin and
Colonol Eugene M. Poe, Department of Defense.
Following the hearing, the Subcommittee immediately proceeded
into a mark-up of H.R. 6755 and favorably reported this legislation
with a Subcommittee amendment to the full Committee on May 7 by
a unanimous voice vote.
Committee Vote
The full Committee on the Judiciary considered this legislation in
open session on May 8 and ordered the bill H.R. 6755, as amended,
favorably reported to the House by a roll call vote of 30 ayes, 4 nays.
Background
On April 11, 1975, communist forces in Cambodia overran the de-
fense perimeter of Phnom Penh, necessitating an emergency evacua-
tion of American citizens in the Cambodian capital. In that evacua-
tion,159 Cambodian nationals whose lives would have been in jeopardy
had they remained were removed with the American evacuees. Ap-
proximately 1200 additional Cambodians were evacuated in the weeks
immediately preceding the fall of Phnom Penh and an additional 1200
were able to escape by a variety of means following the April 11
take-over.
On April 29, communist rocket attacks on Tan Son Nhut airfield
in Saigon necessitated an emergency evacuation of Americans in South
Vietnam. In this operation approximately 5,595 endangered South
Vietnamese nationals were also evacuated. In the preceding weeks,
thousands of other South Vietnamese had fled the country %Y com-
mercial transportation facilities or were evacuated. by aircraft oper-
ated or chartered by the United States Department of Defense. Thou-
sands of other South Vietnamese fled the country by whatever means
were available, including small boats and fishing craft, and were res-
cued at sea by commercial and military vessels of the United States
and other countries.
At this time approximately 113,850 refugees from Indochina are
under American protection. Of this total, more than 75,000 remain
afloat in vessels or are at safe havens and restaging areas in the Pacific.
More than 37,000 have entered the continental United States and are
either at reception centers which have been established at military
installations in California, Arkansas and Florida, or have been released
under private American sponsorship. The Executive, Branch estimates
that as many as 130,000 Indochinese refugees may enter the United
States and an additional 20,000 will be resettled in third countries.
At this early stage in the screening and resettlement process, it is
still too early to provide a detailed analysis of the refugee population.
Preliminary statistics developed by the Department of Labor at Camp
Pendleton indicate that the great majority of the first refugees arriv-
ing are professionals, skilled and clerical workers and businessmen.
Two percent are journalists and 3% military officers and enlisted men.
The refugee population appears to be young-almost 60% are under
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the age of 21. The Committee was advised that there will be no more
than 30,000 to 35,000 new entrants into the job market.
The principal responsibility for resettlement lies with the following
nine voluntary agencies : U.S. Catholic Conference, American Fund for
Czechoslovak Refugees, Church World Service, Lutheran Immigra-
gration & Refugee Service, United HIAS Service, Inc., Tolstoy Foun-
dation, Inc., International Rescue Committee, American Council for
Nationalities Service, Traveler's Aid-International Social Services.
Voluntary agencies have assisted in the resettlement of hundreds of
thousands of refugees from Western Europe and the Americans over
the past thirty years. Basically, the voluntary agencies which are rep-
resented in the three reception centers identify sponsors, geographi-
cally distributed across the country.
The Committee was assured that voluntary agencies, working to-
gether with the Department of State and the Department of Health,
Education, and Welfare, will avoid settling Vietnamese and Cambo-
dian in economically hard-pressed areas and that every effort would
be made to disperse them throughout the United States. Sponsors for
refugees include individuals, families, parishes and community or-
ganizations. These sponsors assume a moral obligation to receive and
to find housing as well as receive employment and educational oppor-
tunities for refugees and their families. Voluntary agencies are under
contract to the Department of State and are rein=ibursed at the rate of
about $600 for each refugee resettled. In addition to working in the
reception centers, the voluntary agencies have a permanent liaison
officer in the Department of State. That liaison officer is in dail ji con-
tact with officials of the Departments of State and Health, Education
and Welfare. The Director of the President's Special Task Force and
his staff are in daily liaison with the national headquarters of each of
the principal resettlement agencies.
The Committee has and will continue to urge the Executive Branch
to conduct a vigorous international campaign to obtain the assistance
of the world community in dealing with Indochinese refugees. The
Committee is somewhat distressed by the inactivity of the United
Nations High Commissioner for Refugees and the failure of the. inter-
national community to respond adequately to this problem.
On the other hand, the Intergovernmental Committee for European
Migration (ICEM) has been in contact with its 32 member nations
and it is to be commended for actin? in such an immediate and decisive
manner. ICEM, together with TTN HCR, has sent representatives to
Guam to screen refugees for resettlement in third countries.
Furthermore, the Executive Branch reports that it has approached
some 100 nations in the world community directly. The most positive
responses so far include Canada. Australia and France. In addition,
according to Administration officials, two African nations have ex-
pressed interest and several Latin American nations may offer reset-
tlement possibilities. Canadian and Australian immigration officials
have joined American officials in Guam and at Camp Pendleton. The
Committee has been informed that approximately 15 percent of the
refugees will be able to find new homes and jobs in third countries.
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Need for Legislation
The transportation and initial care of the refugees under United
States protection have been provided by the Department of Defense
at the request of the President's specially designated Task Force.
Testimony before the Committee indicated that the funds necessary
for the services being provided have been made available under au-
thority of section 801 of the Foreign Assistance Act of 1961, as amended
(22 U.S.C. 2431). The full $98 million unobligated balance of ap-
propriations under that authority has been transferred by the Agency
for International Development to the Department of State for the
purpose of providing for the basic human needs of the refugees under
United States protection.
The Department of Defense has spent almost $90 million of the
$98 million made available under the Foreign Assistance Act and is
incurring additional expenses at a current rate of approximately $2.7
million per day.
The only other funds available for assistance to the Indochinese
refugees under existing law are those which have been made available
under the Migration and Refugee Assistance Act of 1962, as amended.
The Department of State/USIA Authorization Act, Fiscal Year
1975 (Public Law 93-475) authorized the appropriation of $9,420,000
for all migration and refugee programs of the Department of State
for the current fiscal year. An appropriation of $8,420,000 under this
authorization was contained in the Foreign Assistance and Related
Programs Appropriation Act, 1975 (Public Law 94-11). In addition,
$10 million in funds made available under the Foreign Assistance Act
has been transferred to the Migration and Refugee Assistance ac-
count as authorized by section 2(c) of the Migration and Refugee As-
sistance Act of 1962, as amended (22 U.S.C. 2601). All except $5 mil-
lion of the funds thus appropriated or transferred were committed to
existing refugee programs prior to the evacuations from Cambodia and
South Vietnam.. Of the $5 million remaining, the Department of
State has committed approximately $2.9 million for the voluntary
agencies and international agencies involved with refugees from Indo-
china, primarily from Cambodia. An additional $190,000 has been obli-
ted to the Office of Refugee and Migration Affairs, Department of
Maate, to cover some of their administrative costs. The balance of $1.9
million is currently unobligated and will be earmarked in the near
future for international programs.
It is clear that the funds currently available for refugee programs
will be exhausted within the next few days and that immediate action
by the Congress is required in order to continue efforts to transport
and resettle the refugees as rapidly as possible.
In addition to the need for authorization of additional appropria-
tions, new substantive authority is required to provide assistance with
respect to refugees who have entered the United States.
The authority of the Migration and Refugee Assistance Act for cer-
tain assistance to or in behalf of refugees located in the United States is
applicable only to those refugees who have fled from a nation or area in
the Western Hemisphere. An extension of the authorities contained
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in the 1962 Act to refugees from Indochina is necessary in order to
permit assistance to state and local public agencies providing services
to substantial number of refugees, for transportation to and resettle-
ment in other areas of the United States of refugees presently at re-
ception centers, and for vocational training to facilitate the assimila-
tion of the refugees in the United States into our society.
H.R. 6755 meets the need for additional authorization of appropria-
tions and substantive authority by authorizing the appropriation of
funds for a temporary program of relief and resettlement for Indo-
chinese refugees under the authorities contained in the Migration and
Refugee Assistance Act of 1962.
The proposed legislation has been endorsed in principle by the AFL-
CIO Executive Council, the American Jewish Congress, the American
Jewish Committee, by Americans for Democratic Action, and the Cath-
olic Bishops Conference.
Parole and Asylum
In order to qualify for admission to the United States as a lawful
permanent resident, an alien must present an immigrant visa and sat-
isfy the immigration officer at the port of entry that he is not a criminal
or a suversive or a member of any of the other excludable classes. Not-
withstanding this requirement, Section 212(d) (5) of the Immigration
and Nationality Act (8 U.S.C. 1182 (d) (5)) authorizes the Attorney
General in his discretion to parole any alien into the United States
temporarily for emergent reasons or for reasons deemed strictly in the
public interest. The parole authority may be exercised only in the case
of an applicant for admission. However, by the express language of the
statute, parole of an alien into the United States is not an admission.
In contemplation of law, an alien under parole is (teemed to be standing
at the waters edge although he is allowed to be physically present with-
in the United States. (Ma v. Barber, 357 U.S. 185 (1958) ). When the
purpose of parole has been served, the alien must return or be re-
turned to the custody of the Immigration and Naturalization Service
and his case is then dealt with in the same manner as that of any
other applicant for admission.
The parole authority may be exercised in a variety of situations,
e.g., for emergency medical treatment when an accident occurs just be-
yond the border and the nearest hospital on the American side is just
minutes away. Parole has been used extensively for refugees, notably
the Hungarians in 1956, the Cubans in the 1960s and now the Viet-
namese. It is also used in the cases of persons found eligible for asylum.
The term "asylum" does not appear anywhere in the Immigration
and Nationality Act. Asylum is a nonstatutory process inherent in but
not mandated by the Protocol Relating to the Status of Refugees
(TIAS 6577). It is the granting by the United States Government of
refuge for an indefinite period, usually under the parole authority set
forth in section 212(d) (5) of the Immigration and Nationality Act
(8 U.S.C. 1182(d) (5)) to an alien who establishes to the satisfaction
of the Immigration and Naturalization Service that he would be sub-
ject to persecution or fear of persecution if he is returned to his coun-
try. The basic directive, setting forth asylum procedures, is the Sec-
retary of State's notice of February 1, 1972 w] Li ch was published in
the Federal Register on February 16, 1972 (37 F.P. 3447). Asylum
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can be claimed both in and out of the United States as well as on the
high seas. Essentially, responsibility for granting or denying asylum
rests with the District Director of the Immigration and Naturaliza-
tion Service, who is required to consult the Department of State before
making his dicision.
To summarize, parole is the statutory authority by which an appli-
cant for admission, who does not qualify for entry, may be allowed
temporarily into the United States instead of being detained in Immi-
gration custody. Under the emergent and public interest criteria for
the exercise of the parole authority, parole would be exercised in the
case of aliens found eligible for asylum.
Since the United States has recognized the plight of the refugees
from Vietnam by instituting a special evacuation program to save them
from persecution they are considered to be eligible for parole as emer-
gent cases deemed to be in the public interest.
Processing Procedures
With respect to the processing procedures being followed at the
various reception centers the following, information and letter from
the Immigration and Naturalization ervice was submitted to the.
Committee :
On the arrival of a refugee at Guam or Wake Island he is
identified to the Immigration and Naturalization Service and
a Form I-94 (Arrival/Departure Record) is executed for
him. This form contains biographical data pertaining to the
refugee. He is then sent to the INS officer who determines
whether the alien is a close relative of a United States citizen
or lawful permanent resident alien, whether he is a "high
risk" refugee (one who might be subject to reprisal because of
his employment by the United States Government or because
of his employment by the Vietnamese government or for some
similar reason). Those who are not within the "relative" or
"high risk" categories are mostly those who have come to
Guam or are euroute. to Gnam from Saigon on United States
or Vietnamese vessels.
After the refugees are airlifted to the United States at
Camp Pendleton, Fort Chaffee or Eglin AFB, the Immigra-
tion and Naturalization Service prepares a form which is
directed to all of the security agencies of the United States.
This form contains biogi ,aphica.l data to enable the security
agencies to check their records to see whether they have any
information that the alien may be a, criminal, prostitute or
narcotic trafficker or the like, or whether the refugee may be a
security risk to our country. An affidavit will be executed by
each refugee as to whether he is within any of the excludable
classes other than those relating to documents, labor certifica
tion and public charge.
Each refugee also, will be required to sign a statement under
oath or affirmation to the effect, that he has not participated
in the persecution of any person because of race, religion or
political opinion.; a person who ref uses to sign such statement
will not be eligible for parole as a refugee. A false statement
under oath is a criminal offense and conviction therefor is a
ground for exclusion.
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An alien who is convicted for filing a false "Report of
International Transportation of Currency or Monetary In-
struments" on Treasury Form 4790 would be ineligible for
adjustment of status to permanent resident and if adjusted
his status could be rescinded. If such person were naturalized,
a recommendation would be made to the U.S. Attorney by the
Immigration and Naturalization Service to institute proceed-
ings to revoke the naturalization.
Refugees will remain at the camps until the results of the
security checks have been received except for spouses, parents
and children of United States citizens and lawful permanent
resident aliens. The other refugees will not be released from
the camps until negative security reports are received. How-
ever, in no case will an alien, including a relative, be released
until a responsible voluntary agency has furnished assurances
of housing and employment or care' and support. If a positive
security check is received on a refugee he will be interrogated
by an immigration officer to determine whether the report
relates. If it is determined that the report does relate a deter-
mination would then be made as to the appropriate action to
be taken in the light of all the pertinent facts.
When a refugee is released from camp he will be instructed
to report to the Immigration office nearest the place of his
destination. The district director or officer in charge will com-
plete the final step in the processing by authorizing the alien's
parole as a refugee.
OFFICE OF THE COMMISSIONER,
IMMIGRATION AND NATURALIZATION SERVICE,
Washington D.C., May 9, 1975.
Hon. JOSHUA EILBERG,
Chairman, Subcommittee on Immigration, Citizenship, and Interna-
tional Law, Committee on the Judiciary, House of Represent-
atives, Washington, D.C.
DEAR Mn. CHAIRMAN : Reference is made to testimony given before
your subcommittee by Deputy Commissioner Greene concerning as-
surances that Vietnamese and Cambodian refugees will be required to
swear that they did not engage in activities which are not cognizable
under the present exclusion laws.
Particular reference was made to activities which related to the
persecution of persons because of their race, religion, or political
opinion. It was also agreed that if such a refugee was located the
conditions of his parole would be appropriate to the extent of his par-
ticipation in such activities. If a refugee were to swear falsely on his
application he would be subject to the criminal penalties applicable
to perjury and administrative penalties under the Immigration and
Nationality Act.
At this moment we are revising the refugee forms to provide for
this oath and you are assured that it will be strictly applied.
Respectfully,
L. F. CHAPMAN, Jr.,
Commissioner.
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ANALYSIS OF PROVISIONS OF THE BILL
Section 1 of the bill identifies this Act as the "Indochina Migration
and Refugee Assistance Act of 1975". This title associate the legisla-
tion with the Migration and Refugee Assistance Act of 1962, while
also emphasizing it is a separate Act for a temporary program.
Authorization
Section 2 (a) of the bill authorizes the appropriation of funds for
assistance to and in behalf of Cambodian and Vietnamese refugees.
The assitance will be provided under the Migration and Refugee
Assistance Act of 1962, as amended, utilizing established procedures
and administrative machinery.
This section authorizes the appropriation of such sums as may be
necessary for the purpose of performing the functions set forth in the
1962 Act, in addition to amounts otherwise available for those pur-
poses. The Committee did not feel that sufficiently precise informa-
tion was available at this time to permit a reliable estimate of the
costs of the program. Accordingly, the Committee did not agree to
include an authorization ceiling in the bill. The Committee recognizes
that the Executive Branch will have the responsibility of justifying
to the Appropriations Committees its requests for specific funds nec-
essary to carry out this Act.
The reference in section 2(a) to "amounts otherwise available" does
not purport to authorize the use of previously appropriated funds for
additional purposes. This reference is intended only to make clear
that the enactment of appropriations under this section will not affect
the legality of the use of the funds previously made available under
the Foreign Assistance Act or under the Migration and Refugee Assist-
ance Act which were already available for assistance to or in behalf
of refugees from Indochina.
During the next fourteen months, the Executive Branch has esti-
mated that appropriations in the amount of $507,000,000 will be re-
quired to carry out a program for the resettlement in the United
States and third countries of approximately 150,000 refugees. This
program includes the transportation of refugees to reception centers
in the United States and their maintenance while they are enroute
to or located at those centers, onward transportation to other areas
of the United States for resettlement under the auspices of voluntary
agencies and private American sponsors, vocational training, and re-
imbursement to State and local governments which incur costs for
services provided to the refugees after they are resettled. The pro-
posed program also includes funds for international agencies for the
transportation and resettlement of refugees in third countries. Addi-
tional costs for assistance to refugees in the United States will be in-
curred in fiscal year 1977, after which the program will terminate.
Because this program spans slightly more than two fiscal years,
section 2(a) authorizes the appropriations to remain available until
expended. However, the authorization is subject to the provisions of
section 2(b) which expressly limits the duration of the program.
In authorizing appropriations for the performance of functions set
forth in the Migration and Refugee Assistance Act of 1962, this see-
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tion incorporates all of the authorities and limitations of authority
contained in the 1962 Act. It is the Committee's intention that the
procedures and criteria which are applicable to other categories of
refugees under the 1962 legislation shall be applicable in providing
assistance to or in behalf of refugees from Indochina.
It is noted that in order to qualify as a refugee under both the 1962
legislation and the instant bill, a person must be "in urgent need of
assistance for the essentials of life".
At the same time under section 2(b) (4) of the 1962 Act, state and
local governments are permitted to utilize their own standards with
respect to providing health, educational and employment services in
the event they are less rigid than the federal standard of "urgent need
of assistance for the essentials of life".
Likewise, under section 2(b) (5) and (6) of the Migration and
Refugee Assistance Act of 1962 the financial resources of the refugee
shall be considered in determining eligibility for "transportation to,
and resettlement in, other areas of the United States" as well as eligi-
bility for "employment or referesher professional training".
.With respect to the arrangements between the federal government
and state and local governments regarding social services, an official
of HEW advised the Committee that. for the duration of the proposed
legislation which would be through the end of Fiscal Year 1977, HEW
would be prepared to pay 100 per cent of the health, social service and
income maintenance costs. Consequently if the resettled refugees be-
come public charges, HEW would reimburse state and local govern-
ments for any expenditures in their behalf.
The Committee was further advised that HEW was establishing
a reporting system at the various reception centers in order to enable
them to communicate with state and local governments concerning
those refugees who may be coming into their state or locality and may
later require some form of public assistance.
The HEW official further stated :
Our $30 million that we are asking for would not allow
across-the-board, per pupil expenditures for every student in
every school system, every Vietnamese youngster that enters
the school system. This is unlike what happened with the
Cuban refugee program, where we have been paying impact
aid to Dade County for the schooling of the Cuban children.
We will have to reassess this as soon as we see where the re-
settlement takes place. If there are only a couple or ten chil-
dren in one school system, we do not feel that that would
require a special per pupil impact aid provision. However, if
there are high concentrations in localities in this country, we
should be working out, and hopefully will have the flexibility
to be working out, with those state and local education agenc-
ies for some kinds of provisions for a reimbursement.
The Committee anticipates that HEW will develop procedures to
insure that local communities will not be adversey affected by the
resettlement of refugees.
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Duration of Program
Section 2 (b) of the bill limits the time during which the funds au-
thorized by this Act will be available. Except for the functions with
respect to refugees in the United States, which are performed by or
through the Department of Health, Education and Welfare, no obli-
ations may be incurred under this authorization after June 30, 1976.
With respect to the HEW activities in the United States, obligations
may be incurred through the end of fiscal year 1977. It is expected
that expenses during fiscal year 1977 will consist primariy of reim-
bursement to State and local governments providing services to ref-
ugees. After the expiration of this temporary program, any need for
additional funds would be met through the normal authorization and
appropriation process under the Migration and Refugee Assistance
Act of 1962, and, with respect to any refugees continuing to need
assistance within the United States, through existing federal, State
and local programs.
De fcnition of Refugee
Section 3 provides the substantive authority needed to provide to
Indochina refugees in the United States the services performed by the
Department of Health, Education and Welfare for refugees from
within the Western Hemisphere. This section extends to refugees
who have fled from Cambodia and Vietnam the authorities in the
Migration and Refugee Assistance Act which are applicable to re-
fugees who have fled to the United States from within the Western
Hemisphere.
These authorities include assistance to state and local public agen-
cies, transportation of refugees to other areas within the United States,
and training for employment. Programs under the authority of this
section willbbe available only to those refugees who meet the require-
ments of "financial need" and other criteria applicable to refugees
assisted under the 1962 Act and will terminate no later than the end
of the fiscal year 1977, upon the expiration of the authorization con-
tained in section 2 of the bill.
ANALYSIS OF COMMITTEE AMENDMENT
The Committee amendment, which directs the President to report
on a regular and current basis as to the administration of this legis-
lation and the expenditure of funds, was unanimously adopted by the
Committee.
This requirement has been imposed in order to enable the Committee
to fully discharge. its oversight responsibilities required by the Rules
of the House. Specifically, the Committee expects to be fully informed
on all matters, relating to this legislation including but not limited to
the following : the number of refugees affected by the legislation, a
detailed breakdown of expenditures by activity (i.e., amounts ex-
pended in reimbursing state and local governments, amounts expended
pursuant to contracts with voluntary agencies, amounts expended to
transport refugees to the continental United States) as well as a break-
down for each Executive Department and Agency.
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The Committee intends to vigorously pursue its authorization and
oversight functions and in order to accomplish this objective, it expects
the full cooperation of the Executive Branch.*
SUMMARY OF THE MIGRATION AND REFUGEE ASSISTANCE ACT OF 1962
H.R. 6755 authorizes the appropriation of such sums as may be
necessary for the performance of functions set forth in the Migration
and Refugee Assistance Act of 1962 with respect to aliens who have
fled from Cambodia or Vietnam. The following is a brief summary of
the functions, duties, and authorities set forth in the 1962 Act.
The Migration and Refugee Assistance Act was originally an Ad-
ministration bill designed, in the words of President Kennedy, "to
centralize the authority to conduct and to appropriate funds to sup-
port U.S. programs of assistance to refugees, escapees, migrants, and
selected persons". Its basic purpose as introduced and enacted was to
reenact with modification in a separate statute the authority for U.S.
participation in three refugee and migration assistance programs pre-
viously authorized by the Mutual Security Act of 1954 and to au-
thorize the appropriation of funds for assistance to Cuban refugees.
Authority for Refugee Programs (Sec. 2)
The Migration and Refugee Assistance Act authorizes the President
to continue membership in the Intergovernmental. Committee for Eu-
ropean Migration (ICEM). Specifically, section 2(a) authorizes the
appropriation of such amounts as may he necessary from time to time
for U.S. contributions to ICEM "for the purpose of assisting in the
movement of refugees and migrants and to enhance the economic prog-
ress of the developing countries by providing for a coordinated supply
of selected manpower,"-the primary objectives of ICEM.
The Act also authorizes the appropriation of such amounts as may
be necessary from time to time for contributions to the activities of the
United Nations High Commissioner for Refugees (UNHCR) for "as-
sistance to refugees under his mandate, or in behalf of whom lie is exer-
cising his good offices" (sec. 2(b) (1) ).
The Act further authorizes general assistance to or in behalf of ref-
ugees abroad designated by the President when he determines such
assistance will contribute to the defense, security, or foreign policy
interests of the United States (sec. 2(b) (2) ). This is the authority
for the U.S. Escapee Program (USEP), now redesignated the U.S.
Refugee Program (USRP), a unilateral U.S. assistance program
which operates primarily through contracts with nonprofit voluntary
agencies. Its purpose is to assist in the reception. and resettlement of
refugees escaping from Communist-dominated countries.
The Migration and Refugee Assistance Act, in section 2(b) (3)-(6),
is the legislative basis for the Cuban Refugee Program, although the
Act does not designate the program as such. Appropriations are au-
thorized for assisting refugees in the United States when the Presi-
dent determines it is in the best interest of the country. The term
"refugee" for the purpose of this section of the Act is an alien who,
because of persecution or the fear of such, due to race, religion or
political opinion fled from a nation or area of the Western Hemi-
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sphere and cannot return because of the fear of persecution, and is
in urgent need of assistance for the essentials of life. Specific authori-
zation is provided for assistance to or in behalf of these refugees,
including assistance to state and local public agencies providing serv-
ices such as health and education to substantial numbers of refugees
and transportation, resettlement, and employment programs.
The Act also provides the authority for the President to use up to
$10 million in any fiscal year of funds made available under the I+ or-
eign Assistance Act of 1961, in order to meet unexpected and urgent
refugee and migration needs when he determines it to be in the na-
tional interest.
The Act in section 2(d) requires the President to keep "the appro-
priate committees of Congress currently informed of the use of funds
,and the exercise of functions authorized in this Act". Section 2(e)
provided for the continued availability for the purposes of this section
of unexpended balances which had been appropriated under the au-
thority of statutes repealed by section 6 of the 1962 Act.
EXECUTIVE COMMUNICATION
A letter from the President of the United States, transmitting a
draft of proposed legislation to enable the United States to render
assistance to, or in behalf of, certain migrants and refugees, was ad-
dressed to the Honorable Carl Albert, Speaker of the House of Repre-
sentatives, on May 6.
The letter follows :
'TIIE WHITE HOUSE,
Washington, D.C., May 6,1975.
The Honorable, the SPEAIKER,
U.S. Howse of Representatives,
Washington, D.C.
DEAR MR. SPEAKER : I hereby transmit draft legislation authorizing
the provision of relief and relocation assistance to refugees from South
Vietnam and Cambodia.
I urge the Congress' immediate consideration and enactment of this
proposed legislation.
Sincerely,
GERALD R. FORD.
STATEMENT REQUIRED BY CLAUSE 2(1) (3) OF RULE XI OP TUE RULES
OP THE HOUSE OF REPRESENTATIVES
Pursuant to clause 2(1) (3) of Rule XI of the Rules of the House of
Representatives, the following statements are made :
(A) Oversight findings and recommendations.-Because this is
emergency legislation no specific recommendations were made. How-
ever, the Subcommittee on Immigration, Citizenship, and Interna-
tional Law which has been charged with the responsibility of
overseeing the admission of refugees into the United States and the
programs to resettle refugees will continue to review the administra-
tion of this legislation. In order to accomplish the objective the Com-
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mittee adopted an amendment requiring the President to keep it fully
informed as to the operation of, and expenditures authorized by, this
legislation.
(B) Congressional Budget Act section 308 (a) requirement.-This
measure provides an open-ended authorization of funds and will be
subject to the normal appropriation process.
(C) Congressional Budget Office estimate and comparison.-No esti-
mate and comparison prepared by the Director of Congressional
Budget Office under section 403 of the Congressional Budget Act of
1974 has been received by the Committee.
(D) Committee on Government Operations summary.-No over-
sight findings and recommendations have been received which relate
to this measure from the Committee on Government Operations.
ESTIMATE OF COST
Pursuant to clause 7 of Rule XIII of the Rules of the House of
Representatives the Committee is unable to estimate the cost of this
legislation. Any figure is necessarily speculative since estimates of the
total number of refugees fluctuate daily and it has not been determined
with any degree of accuracy the number of such refugees who will
be transported to, and resettled in, the United Staters.
INFLATIONARY IMPACT STATEMENT
Pursuant to clause 2(1) (4) of Rule XI of the Rules of the House
of Representatives, the Committee notes this legislation provides a
temporary program of relief for the Cambodian and South Vietnam-
ese refugees and has no specifically identifiable inflationary impact.
COMMITTEE RECOMMENDATION
The Committee, after careful and detailed consideration of all the
facts and circumstances involved in this legislation, is of the opinion
that this bill should be enacted and accordingly recommends that
H.R. 6755, as amended, do pass.
CHANGES IN ExISTING LAw
The instant legislation does not provide for any change in existing
law.
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