(titles VII and VIII of the Departments of Commerce, Justice, and State, the Judiciary, and Related Agencies Appropriation Act, 1988, as contained in § 101(a) of Public Law 100-202, December 22, 1987, 101 Stat. 1329-40)

TITLE VII-CUBAN POLITICAL PRISIONERS AND IMMIGRANTS

SEC. 701. This title may be cited as "Cuban Political Prisioners and Immigrants". SEC. 702. 1 (a) PROCESSING OF CERTAIN CUBAN POLITICAL PRISONERS AS REFUGEES.In light of the announcement of the Government of Cuba on November 20, 1987, that it would reimplement immediately the agreement of December 14, 1984, establishing normal migration procedures between the United States and Cuba, on and after the date of the enactment of this Act, consular officer [s] of the Department of State and appropriate officers of the Immigration and Naturalization Service shall, in accordance with the procedures applicable to such cases in other countries, process any application for admission to the United States as a refugee from any Cuban national who was imprisoned for political reasons by the Government of Cuba on or after January 1, 1959, without regard to the duration of such imprisonment, except as may be necessary to reassure the orderly process of available applicants.

(b) PROCESSING OF IMMIGRANT VISA APPLICATIONS OF CUBAN NATIONALS IN THIRD COUNTRIES.-Notwithstanding section 212(f) and section 243(g) of the Immigration and Nationality Act, on and after the date of the enactment of this Act, consular officers of the Department of State shall process immigrant visa applications by nationals of Cuba located in third countries on the same basis as immigrant visa applications by nationals of other countries.

(c) DEFINITIONS.-For purposes of this section:

(1) The term "process" means the acceptance and review of applications and the preparation of necessary documents and the making of appropriate determinations with respect to such applications.

(2) The term "refugee" has the meaning given such term in section 101(a)(42) of the Immigration and Nationality Act.

TITLE VIII-INDOCHINESE REFUGEE RESETTLEMENT AND PROTECTION ACT OF 1987

SEC. 801. This title may be cited as the "Indochinese Refugee Resettlement and Protection Act of 1987".

SEC. 802. (a) 2 FINDINGS.-It is the sense of the Congress that—

(1) the continued occupation of Cambodia by Vietnam and the oppressive conditions within Vietnam, Cambodia, and Laos have led to a steady flight of persons from those countries, and the likelihood for the safe repatriation of the hundreds of thousands of refugees in the region's camps is negligible for the foreseeable future;

(2) the United States has already played a major role in responding to the Indochinese refugee problem by accepting approximately 850,000 Indochinese refugees into the United States since 1975 and has a continued interest in persons who have fled and continue to flee the countries of Cambodia, Laos, and Vietnam;

(3) Hong Kong, Indonesia, Malaysia, Singapore, the Philippines, and Thailand have been the front line countries bearing tremendous burdens caused by the flight of these persons;

(4) all members of the international community bear a share of the responsibility for the deterioration in the refugee first asylum situation in Southeast Asia because of slow and limited procedures, failure to implement effective policies for the region's "long-stayer" populations, failure to monitor adequately refugee protection and screening programs, particularly along the Thai-Cambo

1 This section is virtually identical to, and duplicative of, § 903 of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, 101 Stat. 1401, Dec. 22, 1987), shown in Appendix II. D., at p. 284.

2 For identical, and duplicative, subsection, see § 904(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, Dec. 22, 1987, 101 Stat. 1402), shown in Appendix II. D., at pp. 284-285.

dian and Thai-Laotian borders, and the instability of the Orderly Departure Program (ODP) from Vietnam which has served as the only safe, legal means of departure from Vietnam for refugees, including Amerasians and long-held "reeducation camp" prisoners;

(5) the Government of Thailand should be complemented for allowing the United States to process ration card holders in Khao I Dang and potentially qualified immigrants in Site 2 and in Khao I Dang;

(6) given the serious protection problem in Southeast Asian first asylum countries and the need to preserve first asylum in the region, the United States should continue its commitment to an ongoing, generous admission and protection program for Indochinese refugees, including urgently needed educational programs for refugees along the Thai-Cambodian and Thai-Laotian borders, until the underlying causes of refugee flight are addressed and resolved;

(7) the executive branch should seek adequate funding levels to meet United States policy objectives to ensure the well-being of Indochinese refugees in first asylum, and to process 29,500 Indochinese refugees within the overall refugee admissions level of 68,000 as determined by the President; and

(8) the Government of Thailand should be complimented for the progress that has been made in implementing an effective antipiracy program.

(b) 3 RECOMMENDATIONS.— -The Congress finds and recommends the following with respect to Indochinese refugees:

(1) The Secretary of State should urge the Government of Thailand to allow full access by highland refugees to the Lao Screening Program, regardless of the method of their arrival or the circumstances of their apprehension, and should intensify its efforts to persuade the Government of Laos to accept the safe return of persons rejected under the Lao Screening Program.

(2) Refugee protection and monitoring activities should be expanded along the Thai-Laotian border in an effort to identify and report on incidents of refugees forcibly repatriated into Laos.

(3) The Secretary of State should urge the Government of Thailand to address immediately the problems of protection associated with the Khmer along the Thai-Cambodian border. The Government of Thailand, along with appropriate international relief agencies, should develop and implement a plan to provide for greater security and protection for the Khmer at the Thai border.

(4) The international community should increase its efforts to assure that Indochinese refugee camps are protected, that refugees have access to a free market at Site 2, and that international observers and relief personnel are present on a 24-hour-a-day basis at Site 2 and any other camp where it is deemed necessary.

(5) The Secretary of State should make every effort to identify each person at Site 2 who may qualify for admission to the United States as an immigrant and for humanitarian parole.

(6) The United Nations High Commissioner for Refugees should be pressed to upgrade staff presence and the level of advocacy to revive the international commitment with regard to the problems facing Indochinese refugees in the region, and to pursue voluntary repatriation possibilities in cases where monitoring is available and the safety of the refugees is assured.

(c) ALLOCATIONS OF REFUGEE ADMISSIONS. Given the existing connection between ongoing resettlement and the preservation of first asylum, the United States and the United Nations High Commissioner for Refugees should redouble efforts to assure a stable and secure environment for refugees while dialog is pursued on other long-range solutions, it is the sense of the Senate that—

(1) within the worldwide refugee admissions ceiling determined by the President, the President should allocate

(A) at least 28,000 admissions from East Asia, first-asylum camps,

(B) at least 8,500 admissions for the Orderly Departure Program, for each of the fiscal years 1988, 1989, and 1990; and

(2) within the allocation made by the President for the Orderly Departure Program from Vietnam pursuant to paragraph (1)(B), admissions allocated in a fiscal year under priorities II and III of the program (as defined in the Depart

3 For identical, and duplicative, provision, see § 904(b) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, Dec. 22, 1987, 101 Stat. 1402), shown in Appendix II. D., at p. 285.

For related sense of Congress provision, see paragraphs (1) and (2) of § 904(c) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, Dec. 22, 1987, 101 Stat. 1403), shown in Appendix II. D., at pp. 285-286.

ment of State Bureau for Refugee Programs worldwide processing priorities) and the number of admissions allocated for Amerasians and their immediate family members under priority I, should be generous.

(d) 5 INTERNATIONAL SOLUTIONS TO REFUGEE PROBLEMS.It is the sense of the Congress that

(1) renewed international efforts must be taken to address the problem of Indochinese refugees who have lived in camps for 3 years or longer; and

(2) the Secretary of State should urge the United Nations High Commissioner for Refugees to organize immediately an international conference to address the problems of Indochinese refugees.

SEC 803. REPORTING REQUIREMENT.-The President shall submit a report to Congress within 180 days after the date of the enactment of this Act on the respective roles of the Immigration and Naturalization Service and the Department of State in the refugee program with recommendations for improving the effectiveness and efficiency of the program.

SEC 804.7 FINDINGS AND DECLARATIONS.-The Congress makes the following findings and declarations:

(a) Thousands of children in the Socialist Republic of Vietnam were fathered by American civilians and military personnel.

(b) It has been reported that many of these Amerasian children are ineligible for ration cards and often beg in the streets, peddle black market wares, or prostitute themselves.

(c) The mothers of Amerasian children in Vietnam are not eligible for government jobs or employment in government enterprises and many are estranged from their families and are destitute.

(d) Amerasian children and their families have undisputed ties to the United States and are of particular humanitarian concern to the United States.

(e) The United States has a longstanding and very strong commitment to receive the Amerasian children in Vietnam, if they desire to come to the United States.

H. HOUSE CONCURRENT RESOLUTION 303 (100TH CONGRESS) (adopted by House of Representatives on October 1, 1988, adopted by Senate on October 1, 1988)

HOUSE CONCURRENT RESOLUTION

Commending humanitarian treatment of Southeast Asian refugees and urging futher measures to ensure humanitarian treatment of refugees.

Whereas the Government of Thailand, the Government of Malaysia, the Government of Hong Kong, the Government of the Philippines, and the Government of Indonesia have long histories of humanitarian treatment of refugees, which has saved thousands of lives over the past 12 years;

Whereas in late January 1988, the Government of Thailand initiated a policy of interdiction, refusing to allow boats with refugees to enter the territorial waters of Thailand and turning the boats back to sea;

Whereas the Government of Malaysia has announced plans to shut down, in April 1989, the Pulau-Bidong camp with 12,629 asylum-seekers;

Whereas the continuation of the policy of interdiction in Thailand and the announced plans to close the Pulau-Bidong camp in Malaysia could result in severe hardship and weaken the concept of first asylum;

Whereas the Government of Thailand, the Government of Hong Kong, the Government of Malaysia, the Government of the Philippines, and the Government of In

5 For virtually identical, and duplicative provision, see paragraphs (3) and (4) of § 904(c) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, Dec. 22, 1987, 101 Stat. 1403), shown in Appendix II. D., at p. 286.

• For substantively identical, and duplicative, subsection, see § 904(d) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, Dec. 22, 1987, 101 Stat. 1403), shown in Appendix II. D., at p. 286.

7 For substantively identical, and duplicative, provision, see paragraphs (1) through (5) of § 905(a) of the Foreign Relations Authorization Act, Fiscal Years 1988 and 1989 (Pub. L. 100-204, Dec. 22, 1987, 101 Stat. 1404), shown in Appendix II. D., at p. 286.

donesia have difficult national and international security concerns that they must consider;

Whereas the emigration and resettlement programs of many Western countries have become increasingly difficult to maintain in the past several years; Whereas the President, the Department of State, and the relevant senior interagency group have recognized the current refugee problem and have taken measures to rectify it; and

Whereas the continued movement of refugees out of Southeast Asia is a direct result of the policies and actions of the governments of countries in Indochina, which include the illegal occupation of Cambodia by the Government of Vietnam: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Congress

(1) commends the Government of Thailand, the Government of Hong Kong, the Government of Malaysia, the Government of the Philippines, and the Government of Indonesia for their history of humanitarian treatment of refugees; (2) urges the Government of Thailand to reinstitute its humane and generous former policy of first asylum, officially end its policy of interdiction of arriving refugee boats, and take the appropriate steps at the local level to ensure that the policy of first asylum is implemented;

(3) urges the United States and other Western nations to maintain their generous policy of resettlement to alleviate the burdens of countries in the region; (4) urges the Government of Hong Kong and the governments of the member countries of the Association of Southeast Asian Nations (ASEAN) to maintain their generous policies of first asylum;

(5) commends the Government of Hong Kong for agreeing to set up a screening process to identify internationally acceptable refugees jointly with the United Nations High Commission for Refugees;

(6) commends the President for his decision in fiscal year 1988 to increase the overall number of refugees to be admitted to the United States, in the face of an increase in refugees emigrating from the Soviet Union, rather than decrease the number of refugees from Southeast Asia;

(7) commends the President for proposing for fiscal year 1989 a generous admission policy which reflects the special issues involved in refugee policy in Southeast Asia, including the need for a much expanded Orderly Departure Program for refugees wishing to depart from Vietnam and a renewed effort on the part of the United States to alleviate the strain presently felt by first asylum nations in the region;

(8) urges the Department of State to continue working with the governments of the member countries of the Association of Southeast Asian Nations, the Government of Hong Kong, the Government of Australia, the Government of New Zealand, the Government of Canada, and other governments to find ways to meet the security concerns of the governments of the region while responding to the humanitarian needs of Southeast Asian refugees seeking first asylum and resettlement;

(9) urges the President and the Department of State to make every effort to admit the full number of Southeast Asian refugees that is fixed, in consultation with the Congress, each year;

(10) urges the Government of Vietnam to issue exit permits to Vietnamese individuals who have letters of introduction from the United States or are former reeducation camp members and to expand the Orderly Departure Program to stem the massive movement of refugees out of Vietnam;

(11) urges the Government of Vietnam to cease immediately its occupation of Cambodia;

(12) urges the governments of countries of Indochina to cease their policies of economic, political, and social repression against their people, which cause the continued movement of refugees out of those countries; and

(13) urges the United States to participate actively with the United Nations High Commissioner for Refugees and the governments of the member countries of the Association of Southeast Asian Nations in preparations for the convening of a new international conference on Indochinese refugees which seeks to adopt a comprehensive program of action to deal with the Vietnamese boat people problem in all its aspects, taking into account the concerns of all interested par

IV. CURRENT OR RECENT ALIEN ADJUSTMENT PROVISIONS

A. CUBAN ADJUSTMENT

(Public Law 89-732, November 2, 1966, as Amended)

That, notwithstanding the provisions of section 245(c) of the Immigration and Nationality Act the status of any alien who is a native or citizen of Cuba and who has been inspected and admitted or paroled into the United States subsequent to January 1, 1959 and has been physically present in the United States for at least one year, may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if the alien makes an application for such adjustment, and the alien is eligible to receive an immigrant visa and is admissible to the United States for permanent residence. Upon approval of such an application for adjustment of status, the Attorney General shall create a record of the alien's admission for permanent residence as of a date thirty months prior to the filing of such an application or the date of his last arrival into the United States, whichever date is later. The provisions of this Act shall be applicable to the spouse and child of any alien described in this subsection, regardless of their citizenship and place of birth, who are residing with such alien in the United States.

SEC. 2. In the case of any alien described in section 1 of this Act who, prior to the effective date thereof, has been lawfully admitted into the United States for permanent residence, the Attorney General shall, upon application, record his admission for permanent residence as of the date the alien originally arrived in the United States as a nonimmigrant or as a parolee, or a date thirty months prior to the date of enactment of this Act, whichever date is later.

[Section 3 amended § 13 of Pub. L. 89-236 (8 U.S.C. 1255(c)); omitted as executed.]

SEC. 4. Except as otherwise specifically provided in this Act, the definitions contained in section 101 (a) and (b) of the Immigration and Nationality Act shall apply in the administration of this Act. Nothing contained in this Act shall be held to repeal, amend, alter, modify, affect, or restrict the powers, duties, functions, or authority of the Attorney General in the administration and enforcement of the Immigration and Nationality Act or any other law relating to immigation nationality, or naturalization.

SEC. 5. The approval of an application for adjustment of status to that of lawful permanent resident of the United States pursuant to the provisions of section 1 of this Act shall not require the Secretary of State to reduce the number of visas authorized to be issued in any class in the case of any alien who is physically present in the United States on or before the effective date of the Immigration and Nationality Act Amendments of 1976.

B. INDOCHINA REFUGEE ADJUSTMENT

(Title I of Public Law 95-145, October 28, 1977)

TITLE I-ADJUSTMENT OF STATUS OF INDOCHINA REFUGEES

SEC. 101. That (a) the status of any alien described in subsection (b) of this section may be adjusted by the Attorney General, in his discretion and under such regulations as he may prescribe, to that of an alien lawfully admitted for permanent residence if