Speech #960205002

Speaker. in calling up this report today. I am pleased to inform my colleagues that your conferees were extremely fortunate in retaining most of the key provisions contained in the House version of this legislation. The successful outcome of the conference was due. in large measure. to the diligent and persevering efforts of the distinguished chairman of the Judiciary Committee and the ranking minority member of the conference and the Subcommittee on Immigration. Refugees and International Law . I should also note the cooperation and support we received from our fellow conferees from the Foreign Affairs Committee. In title II. which sets up a statutory framework for the admission of refugees and for their adjustment of status. the conference report adopts the House provisionsboth substantively and organizationallyvirtually in their entirety First. the conference report adopts the House definition of the term "refugee." which essentially conforms to that used under the United Nations Convention and Protocol relating to the status of refugees. This new definition finally eliminates the geographical and ideological restrictions applicable to refugees contained in our law since 1952. The new definition also includes presidentially specified persons within their own country who are persecuted or threatened with persecution. This will give our Government the flexibility to deal with crises such as the evacuation of Vietnam in 1975 and to respond as well to situations in countries such as Cuba or Chile today where there are political detainees or prisoners of conscience of special humanitarian concern to the United States. The conferees also accepted House language specifically to exclude from the definition of "refugee" those who themselves engaged in persecution. Second. the conference report finally establishes a statutory scheme for the admission of refugees in both normal flow and emergency situations to replace the conditional entry and parole provisions of present law. Until fiscal year 1983. the report provides for a normal flow of refugees of 50.000 annually except in situations where the President. before the beginning of the fiscal year and after consultation with Congress. determines that an increase is "justified by humanitarian concerns." A sunset provision terminates the 50.000 normal flow beginning in fiscal year 1983. after that date all refugee admissions will be subject to consultation. The report also provides for the admission of refugees in unforeseen emergency situations arising after the beginning of the fiscal year. The President can allow additional refugees in under this section only after consultation with Congress and if justified by "grave humanitarian concerns." Third. the report adopts the detailed House provisions regarding consultation with Congress. which up to now has been informal and solely a matter of courtesy or custom. In addition to mandating that specific information be provided to the consultative Members. the conferees retained the House requirement that a Cabinet member participate in the process. Importantly. the report also adopts the House language requiring that the substance of the consultations between the Cabinet member (and any other official. such as the Coordinator for Refugee Affairs) and the Judiciary Committees be printed in the CONGRESSIONAL RECORD. Finally. the conferees agreed to accept the House provisions which require a hearing on proposals to increase normal flow refugee admissions. and. if possible. when increases are proposed in emergency situations. Although the conferees did not agree to the House language providing for a oneHouse veto of additions to normal flow admissions. because the House provisions on consultation. printing the substance of consultations in the RECORD. and hearings were adopted. the conferees believe the report still gives Congress ample control over refugee admissions. I would note that all these new requirements are in addition to the control Congress can already exercise through the appropriations process. Fourth. the conference report also adopts House language which makes it explicitly clear that the Attorney Generals parole authority should not be used to admit groups of refugees. The legislative intent of both Houses is that the statutory scheme established by the conference agreement should be the mechanism for handling refugee admissions. Nonetheless. the parole authority is not terminated. and still can be utilized to admit individual refugees in certain compelling situations. Further. the conference report in no way diminishes the Attorney Generals authority to parole into the country aliens who do not come within the new refugee definition. The conferees contemplate that existing refugee parole programs (such as the Cuban and Western Hemisphere programs) will continue until a consultation on future refugee admissions is held under the provisions of the instant legislation. Fifth. the conferees adopted the House position that all refugeesboth normal flow and emergency situationshould be admitted by the Attorney General as "refugees." not as lawful permanent residents. With the creation of a new refugee status. officials will have an opportunity to conduct better and more intensive screening before granting permanent residence. The conferees did agree. however. to reduce the time prior to adjustment of status from the 2 year period in the House bill to 1 year. This 1 year of refugee status would count toward the 5 years required for naturalization. however. so the individual would not be disadvantaged during the waiting period. Importantly as well. it is the clear intention of the conferees that. for purposes of State or local licensing laws. those in refugee status should be considered as lawful permanent residents and should not be subject to any form of employment discrimination. Finally. the conference report also adopts the House provisions relating to asylum and withholding of deportation. These provisions are consistent with our international obligations under the United Nations Convention and Protocol. and the conferees intend that the new sections be implemented consistent with those international documents. I would note that this marks the first time a statutory asylum procedure has been mandated in our immigration law. Currently. asylum can only be provided administratively. With regard to domestic resettlement assistance. I can inform my colleagues that we were able to preserve. almost intact. the structure and the specificity of the House bill. The conference report reflects the judgment of the conferees that a statutory office in HEW is necessary to insure program accountability. particularly in view of the increasing numbers of refugees coming to this country and the large amount of funds which will be expended under this resettlement program. While the conference report does not specify that the director of this office is to report directly to the Secretary of HEW. it is our intent that he or she should continue to do so unless there is a major reorganization within that Department. In addition. the conference report creates the office of U.S. Coordinator for Refugee Affairs but does not place the office in any particular cabinet department or agency. As my colleagues will recall. the House bill would have instead created an office of refugee policy in the White House responsible for the development and coordination of U.S. refugee policy. The conferees felt that such a move at this time could jeopardize ongoing refugee programs and the effort to internationalize refugee problems. In rejecting this House approach. the conferees have requested the President to review the function and placement of the office and to advise the Congress within 1 year as to his decision concerning its appropriate location in the executive branch. The conference agreement makes it clear that the Director of the HEW office is to consult closely with the coordinator with regard to the provision of domestic resettlement assistanceincluding the awarding of reception of placement grants over the next 2 fiscal years.