INDOCHINA MIGRATION AND REFUGEE ASSISTANCE ACT OF 1975

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP77M00144R001100130004-5
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 5
• Document Creation Date: December 16, 2016
• Document Release Date: April 5, 2005
• Sequence Number: 4
• Publication Date: May 20, 1975
• Content Type: REPORT

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1st Session JJ No. 94-230
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INDOCHINA MIGRATION AND REFUGE" ASSISTANCE
ACT OF 1975
Mr. RODINO, from the committee of conference,
submitted the following
CONFERENCE REPORT
[To accompany 11.11. G7551
The committee of conference on the disagreeing votes of the two
Houses on the amendment of the Senate to the biiEl (H.R. 6755) to
enable the United States to render assistance to, or in behalf of, certain
migrants and refugees, having met, after full and free conference, have
agreed to recommend and do recommend to their respective Houses as
follows :
That the IIouse recede from its disagreement to the amendment of
the Senate, and agree to the same with an amendment, as follows :
In lieu of the matter proposed to be inserted by the Senate amend-
ment insert the following:
That this Act may be cited as "The Indochina Migration and Refugee
Assistance Act of 1976".
SFc. 2. (a) Subject to the provisions of subsection (b) there are
hereby authorized to be appropriated, in addition to amounts other-
wise available for such purposes, $/,,-' 55,000,000 for the performance of
functions set forth in. the Migration and Refugee Assistance Act of
1962 (76 Stat. 121), as amended, with respect to aliens who have fled
from Cambodia or Vietnam, such sums to remain available in accord-
ance with the provisions of subsection (b) of this section.
(b) None of the funds authorized to be appropriated by this Act
shall be available for the performance of functions after June 30,1976,
other than for carrying out the provisions of clauses (3), (4), (5),
and (6) of section 2 (b) of the Migration and Refugee Assistance Act
of 1962, as amended. None of such funds shall be available for obliga-
tion for any purpose after September 30, 1977.
Sec. 3. In carrying out functions utilizing the funds made available
under this Act, the term "refugee" as defined in section 2(b) (3) of
the Migration and Refugee Assistance Act of 1962, as amended, shall
be deemed to include aliens who (A) because of persecution or fear
of persecution on account of race, religion, or political opinion, flea
from Cambodia or Vietnam; (B) cannot return there because of fear
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of persecution on account of race, religion, or political opinion; and
(C) are. i_n intent need q f assistance for the essentials of life.
SEC. 4. (a) The President shall consult with and keep the Commit
tees on the Judiciary, Appropriations, and International Relations of
the House of Representatives and the Committees on Foreign Rela-
tions, Arprop'iations, and Judiciary of the Senate fully and currently
informed of the use of funds and the exercise of f unction authorized
in this Act.
(b) Not more than thirty days after the date of enactment of this
Act, the President shall transmit to such Committees a report describ-
ing fully and completely the status of refugees from Cambodia and
South Vietnam. Such report shall set forth, in addition-
(1) a plan far the, resettlement of those refugees remaining in
receiving or staging center's;
(2) the number of ref?tgecs who have indicated an interest in
returning to their homeland or being resettled in a third country,
together with (A) a description of the plan for their return or
resettlement and the steps taken. to carry out such. return or
resettlement, and (B) any initiatives that have been made with
respect to the Office of the High Commissioner for Refugees of
the United Nations; and
(3) a full and complete description of the steps the President
has taken to retrieve and deposit in the Treasury as miscellaneous
receipts all amounts previously authorized and appropriated for
assistance to South Vietnam and Cambodia but not expended for
such purpose, exclusive of the $98,000,000 of Indochina Postwar
Reconstruction funds allocated to the Department of State for
movement and maintenance of refugees prior to the elate of enact-
ment of this Act.
(c) Supplementary reports setting forth, recent information with
respect to each of the items referred to in this, section shall be trans-
mitted not more than ninety days of ter the date of transmittal of the
report referred to in. subsection (b) of this section and not later than
the end of each ninety-day period thereafter. Such reports shall con-
tinue until September 30, 1977, and a final report shall be submitted
r,o later than December 31, 1977.
And the Senate agree to the same.
PETER W. RODINO,
PAUL SARBANES,
ELIZABETH HOLTZMAN,
CHRISTOPHER J. DODD,
MARTY Russo,
HAMILTON FISH, Jr.,
WILLIAM S. COHEN,
Managers on the Part of the House.
JOHN SPARKMAN,
MIKE MANSFIELD,
FRANK CHURCH,
CLIFFORD P. CASE,
J. JAVITS,
Managers on the Part of the Senate.
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JOINT EXPLANATORY STATEMENT OF THE COMMITTEE
OF CONFERENCE
The managers on the part of the house and the Senate at theccon-
ference on the disagreeing votes of the two Houses on the amendment
of the Senate to the bill II.R. 6755, "The Indochina Migration and
Refugee Assistance Act of 1975", submit the following joint state-
ment to the House and the Senate in explanation of the effect of the
action agreed upon by the nra.nagers and recommended in the accom-
panying conference report :
The Committee of Conference recommends that the House recede
from its disagreement to the amendment of the Senate to the text of
the bill with an amendment which is a substitute for both the text of
the house bill and the Senate airrendment thereto.
Except for clarifying, clerical, and necessary conforming changes,
the differences between the two Houses and the adjustment made in the
committee of conference are noted below.
FUND AUT1 LORIZATJON
The House bill authorized "such- sums as may be necessary, but not
to exceed $507 million" for the performance of functions set forth in
the Migration and Refugee Assistance Act of 1962, as amended, with
respect to aliens who have fled from Cambodia or Vietnam.
The Senate amendment authorized the appropriation of $405 mil-
lion for the fiscal year 1975 for the same purpose.
The House receded with an:amendulent which would authorize $455
million without fiscal year limitations.
RETRIEVAL OF FOREIGN Assis,mNCE FUNDS
The Senate amendment directed the President to make every effort
to retrieve all amounts previously authorized and appropriated for
assistance to South Vietni&n and Cambodia., excluding $98 million
in economic assistance funds previously allocated to the Department
of State for the movement and maintenance, of refugees. All funds re-
trieved were to be deposited in the Treasury as miscellaneous receipts.
The House bill (lid not contain a comparable provision.
The Senate receded.
The managers on the part of the Senate receded only because the
House Members stressed that the Senate provision would have sub-
jected the conference report to a point of order in the House. Although
they have deleted the mandatory language, the conferees have required
under Section 4, the reporting requireinent of the conference agree-
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rnent, that periodic reports be submitted by the President concerning
the status of his efforts to retrieve these funds.
Iir'riiln TRANSPORTATION For, REFUGEES
The_Senate amendment contained a provision directing the Presi-
dent to take a survey of the refugees from South Vietnam and Cam-
bodia to determine which were desirous of returning to their home-
land. The provision also included a specific authorization for use of
funds made available under the bill for payment of the return trans-
portation cost for those desiring to return home.
The House bill did not contain a comparable provision.
The Senate receded.
The managers on the part of both the House and the Senate agree
that sufficient authority exists under existing law for return transpor-
tation of refugees and that the fluids grade available under this bill
will be availabl' for that purpose. 'T'herefore, they consider that spe-
cific authorization in the bill is not necessary. The conferees on the part
of both Houses understand from Executive Branch officials that a num-
ber of efforts are made during the processing of refugees throughout.
staging areas and the reception centers to insure that they are aware
that they may return to their homeland if they so choose and that
funds are available. for the cost of their return transportation. The con-
ferees fully expect that. every effort. will continue to be made to com-
municate this message to the refugees. The conferees also agreed to
inclusion of language ill the reporting requirement in Section-4 which
provides for submission of full and complete information relative to
matters concerning the, return of refugees to their homeland.
16-:roirrs
The House bill contained a provision which re.rquired the President
to keep the Coanuuittee on the Judiciary of the l louse of Representa-
tives and the Committee on Foreign Relations of the Senate currently
informed of the use of fluids and the exercise of fmictions authorized
in the bill.
The Senate amendment contained a r:equirenicent that, not less than
thirty days after the date of enactment of the biIl, the President shall
transmit to the Committees on Foreign lblations. Judiciary, and Ap-
propriations of the Senate and the Speaker of the House of Repre-
sentatives a report- describing fully and colliplet.,lv the status of refu-
gees from Cambodia and South Vietnam and his plans for their re-
settlement, including certain specific information.
Reports setting? forth certa ii ,upplementary information would be
required not less than each rrinet,y days following transmittal of the
initial report, the supplemental reports to conti inn until September 30,
1977.
The conferees have agreed to a provision Incorporating language
from both the House and the Senate provisions. The conferees believe
that the reports called for under the conference. agreements will insure
that Congress has available to it current and periodic reports concern-
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ing the status of the refugee program, as Well as future plans. The
conferees have included language requiring specific information oil
the return of refugees to their homel and and on the retrieval of foreign
aid funds from the pipeline, subjects Which were covered in provisions
P PETER W. 11 ODINO,
PAUL SARBAN-ES,
E T III 1BT; rII 1 OLT7.MAN,
CIIRIS'roin mr, J. D ODD,
A'I ARTY -Russo.
l Lu rTT.TON F Lsu, Jr.,
1ATILIaAu S. Co LTEN,
Managers on, the Part, of the /louse.
JoIIN SPARK-AIAN,
'LIKE MANSFIE"),
FRANK CTIIIRCII,
( JAi'rORD P. CASE,
J. JAVITS,
Managers on the Part of the Senate.
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