AMENDMENT OF SECTION 245 OF IMMIGRATION AND NATIONALITY ACT-- ADJUSTMENT OF STATUS FOR CUBAN REFUGEES

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP66B00403R000200170112-6
• Release Decision: RIFPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: January 3, 2005
• Sequence Number: 112
• Publication Date: February 17, 1964
• Content Type: OPEN

Approved For Release2005/01/27: CIA-RDP66BOO403R0002OW0112-6
196) CONGRESSIONAL RECORD - SENATE 2809
of the decision of the court, and make such
revisions in the decision of the Administra-
tor appealed from as are required.
"? 4055. Attorneys and agents
"(a) The court, as a part of each decision
entered, shall determine and allow reason-
able fees for the attorney or attorneys of the
claimant or claimants, and apportion same,
if proper. The court may also approve
reasonable attorney's fees in cases where,
after decision has been rendered by the
Board adverse to a claimant, an attorney has
rendered services to a claimant, in connec-
tion with an appeal to the court which lead
to reversal or modification of the decision
of the Board,. whether or not an appeal is
actually filed with the court in such case.
"(b) The court may prescribe qualifica-
tions of persons who may represent claim-
ants in proceedings before the court and
the commissioners.
4056. New and material evidence
"No fact found in a decision of the court
may be reconsidered except where new and
material evidence is produced after the deci-
sion of the court is rendered which was not
available or discovered until after such deci-
sion was rendered.
"Subchapter II-Procedure and
administration
"? 4061. Clerk
"(a) The court may appoint a clerk and
an assistant clerk, each of whom shall be
subject to removal by the court. The court
shall report any such removal and the. cause
thereof to Congress as soon as possible.
"(b) The clerk shall pay into the Treasury
all fees, costs, and other moneys collected by
him.
"(c) On the first day of. every regular ses-
sion of Congress, the clerk shall have pub-
lished a full and complete statement of all
the judgments rendered by the court during
the previous year, showing the dates and
amounts thereof and the parties in whose
favor they were rendered, together with a
brief synopsis of the nature of the claims
upon which they were rendered, and a state-
ment of the costs taxed in each case.
4082. Commissioners
"(a) The court may appoint not more
than ten commissioners on a full-time basis,
who shall be subject to removal by the court.
The court may also procure, on a temporary
or intermittent basis, the service of individ-
uals as commissioners, in accordance with
section 55a of title 5. The commissioners
shall perform such duties as the court may
prescribe, including, but not limited to, con-
ducting hearings, receiving evidence, taking
depositions, qualifying witnesses, and mak-
ing such reports as the court may prescribe.
"(b) The compensation of each full-time
commissioner shall be fixed by the court, but
shall not exceed the maximum rate pre-
scribed in the compensation schedule for the
General Schedule of the Classification Act
of 1949. Each commissioner shall receive all
necessary traveling expenses and a per diem
allowance as provided in sections 835-842 of
title 5 while traveling on official business
and away from his home.
"(c) No person may' be appointed as a
commissioner unless he is a member of the
bar of a Federal court or of the highest court
of a State, and has engaged in the active
practice of law for five or more years. No
person may be appointed as a commissioner
who within the two-year period preceding
his appointment has been a civilian officer
or employee of the United States serving
in the Veteran's Administration, the De-
partment of Defense, the Bureau of the
Budget, or the General Accounting Office.
4063. Stenographers; clerical employees;
bailiff
"(a) The court shall appoint stenograph-
ers and other clerical employees in such
numbers as may be necessary, each of whom
shall be subject to removal by the court,
"(b) The court may appoint a bailiff and
a messenger who shall be subject to removal
by the court. The bailiff shall attend the
court, preserve order, and perform such other
necessary duties as the court directs.
"? 4064. Fees; charge for court's opinions
"(a) The court may by rule impose a. fee
not exceeding $10 for the filing of any appeal.
"(b) The clerk of the court may collect
for each certified copy of the court's opinion
a fee in such amount as the court may de-
termine."
SEC. 2. (a) The title and table of chapters
of part V of title 38, United States Code, is
amended to read as follows:
"PART V-BOARDS, COURT OF VETERANS' APPEALS
AND DEPARTMENTS
"Chapter Sec.
"71. Board of Veterans' Appeals__--- 4001
"72. Court of Veterans' Appeals------ 4051
"73. Department of Medicine and
Surgery--------------------- 4101
"75. Veterans' Canteen Service------ 4201"
(b) The table of parts and chapters at the
beginning of title 38, United States Code,
is amended as follows:
(1)' By striking out
"V. BOARDS AND DEPARTMENTS--__-__ 4001"
and inserting in lieu thereof
"V. BOARDS, COURT OF VETERANS' AP-
PEALS, AND DEPARTMENTS----- 4001";
(2) By striking out
"PART V-BOARDS AND DEPARTMENTS"
and inserting in lieu thereof
"PART V-BOARDS, COURT OF VETERANS' APPEALS,
AND DEPARTMENTS";
and -
(3) By inserting immediately below
"71. Board of Veterans' Appeals__- . 4001"
the following:
"72. Court of Veterans' Appeals----- 4051".
SEC. 3 (a) Section 3405 of title 38, United
States Code, is amended by inserting ", 4055,"
immediately after "3404".
(b) Subsection (a) of section 4004 of title
38, United States Code, is amended by strik-
ing out "Final" and inserting in lieu thereof
"Except as provided in chapter 72 of this
title, final".
(c) Subsection (c) of such section 4004
is amended (1) by striking out "Administra-
tor, and" and inserting in lieu thereof "Ad-
ministrator,", and (2) by inserting imme-
diately before the period at the end thereof
AMENDMENT OF SEC']TdN 245 OF
IMMIGRATION AND NATIONALITY
ACT-ADJUSTMENT OF STATUS
FOR CUBAN REFUGEES
Mr. HART. Mr. President, I introduce,
for appropriate reference, a bill to amend
the Immigration and Nationality Act of
1952 to permit the adjustment of status
of refugees resident in the United States,
who are natives of countries contiguous
to the United States or of any adjacent
islands, including Cuba.
The bill eliminates the technical re-
quirement of our immigration laws
which requires such aliens to leave this
country and reenter, in order to become
eligible for permanent residence. I do
not question this requirement for aliens
who have come here through normal
procedure and in casual circumstances,
and then elect to apply for permanent
residence. The requirement, however,
would seem to have little justification in
the case of refugees from the Commu-
nist regime in Cuba. Certainly, their en-
try into this country was anything but
normal and casual-they were under
duress and fleeing oppression.
Moreover, the requirement inhibits the
rather substantial Federal program of
assistance administered by the Depart-
ment of Health, Education, and Welfare
in cooperation with several voluntary
agencies, religious bodies, and civic or-
ganizations. As Senators know, the pur-
pose and content of this program is to
render effective asylum by providing our
Cuban guests with opportunities for self-
support, chiefly through resettlement.
Mr. President, the talents of many
Cuban refugees are going to waste be-
cause State professional licensing laws
keep those without permanent status
from practicing their skills or profes-
sions. This situation, and the expensive
and laborious procedure to obtain this
status under present law, is keeping
many Cubans on relief rolls and in vari-
ous difficult circumstances. I am think-
ing, for example, of the Cuban lady in
Kinde, Mich., a doctor of philosophy;
or another in Holland, Mich., a former
teacher of English in, Cuba-both of
whom have been unable to teach
Spanish in the local public schools be-
cause of their immigration status. But
these refugees are qualified. They could
fill an urgent need.
These two examples are multiplied
throughout the country in every State
and especially on the welfare rolls of
the Cuban Refugee Center in Miami.
The bulk of the Cubans are highly
skilled and educated persons-pro-
fessional, technical, and managerial
workers, office personnel, and skilled
workers. I firmly believe this reservoir
of talent should be tapped to the fullest
intent-in the interest of the individual
Cuban, for the development of our so-
ciety. We can then anticipate a de-
creasing Federal expenditure in the pro-
gram of assistance, and a progressive
solution to the problem of refugees from
Cuba. The bill I offer today would help
accomplish this objective.
I am hopeful, also, that this bill would
refugee talent should also be tapped for
the economic, social and political de-
velopment of-the Western Hemisphere.
And certainly, we could find no more
effective spokesmen to describe the de-
struction of freedom under Castro's
brand of communism than the Cubans
who have fled their homeland.
Today, however, refugees are hesitant
to leave the United States. Under their
present immigration status they are not
assured of reentry, if for valid reasons
they choose to return. The proposed bill
would help remedy the situation.
The Subcommittee on Refugees and
Escapees, of which I have the honor to
serve as chairman, has conducted ex-
tensive hearings on the Cuban refugee
problem. On the basis of these hearings
and additional study, I believe the pas-
sage of this bill would have immediately
beneficial effects for all concerned.
Mr. President, I should emphasize that
the bill in no way places a stamp of
finality on communism in Cuba. It' is
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CONGRESS ZONAL RECORD -SENATE February 17
merely intended to render more effective
asylum to Cuban refuges while they re-
main the guests of America.
The proposed bill is permissive rather
than mandatory. It does not automati-
cally blanket all Cuban refugees In this
country with an adjustment of status.
We do not want to force anybody to ac-
cept permanent residence. The bill is a
limited measure to encourage self-sup-
port through , resettlement, by affording
an opportunity for adjustment of status
to those refugees who need or desire it
to ply their skills and talents. The usual
screening process, of ccurse, would apply
such refugees.
Public Law 85-559, enacted in 1958 for
Hungarian refugees, is somewhat of a
precedent for the bill I offer today. I
hope sincerely the Senate will act
promptly on this bill.
The ACTING PRESIDENT pro tem-
pore. The bill will be received and ap-
propriately referred.
The bill (S. 2510) to amend section 245
of the Immigration and Nationality Act,
Introduced by Mr. HART, was received,
read twice by its title, and referred to
the Committee on the Judiciary.
PRESIDENTIAL MEMORIAL
COMMISSION
Mr. HARTKE. Mr. President, Wash-
ington is a beautiful city. This is some-
thing no one can deny.
But we also cannot deny that the
city is overloaded with memorials and is
becoming more so. There seems to be no
end to the memorials proposed.
I introduce, for appropriate reference,
a joint resolution which would set up a
Commission of 12 members to develop a
permanent memorial ,o all past Presi-
dents in Washington. Four each would
be named by the Speaker of the House,
the President of the Senate, and the
President of the United States.
This Commission would, I believe,
serve to develop plans for a memorial
appropriate to all those who have served
with distinction as Chief Executive and
would obviate the need for Congress to
consider seemingly endless requests for
memorials, each to a:i Individual past
President.
The ACTING PRESIDENT pro tem-
pore. The joint resolution will be re-
ceived and appropriat,,ly referred.
The joint resolution (S.J. Res. 154) to
establish a Commission to formulate
plans for a permanent memorial to past,
Presidents of the Uni ed States, Intro-
duced by Mr. HARTKE, was received, read
twice by its title, and referred to the
Committee on Rules and Administration.
CONSTRUCTION OF ALASKAN HIGH-
WAY-ADDITIONA, COSPONSOR-
S. 2417
Mr. METCALF. Mr. President, I ask
unanimous consent that the next time
the bill (S. 2417) to authorize the appro-
priation of funds for the construction.
reconstruction, and improvement of the
Alaska Highway is printed it carry the
name of the senior Senator from Alaska
[Mr. BARTI.ZTTI as a cosponsor.
The P; RESIDING OFFICER (Mr. Rrsr-
coFr in she chair). Without objection,
it is so crdered.
NOTICE OF RECEIPT OF NOMINA-
TION BY COMMITTEE ON FOR-
EIGN RELATIONS
Mr. F JLBRIGHT. Mr. President, as
chairma i of the Committee on Foreign
Relation i. I desire to announce that to-
day the Senate received the nomination
of Howa 'd E. Haugerud, of Minnesota, to
be Dept ty Inspector General, Foreign
Assistan:e.
In ac :ordance with the committee
rule, thie pending nomination may not be
consider d prior to the expiration of 6
days of i s receipt in the Senate.
NOTICE OF HEARINGS ON PRESI-
DENT [AL DISABILITY AND MEANS
FOR FILLING A VACANCY IN THE
OFFICE OF THE VICE PRESIDENT
Mr. DDDD. Mr. President, as chair-
man of tie Senate Judiciary Subcommit-
tee on Constitutional Amendments, I
wish to announce forthcoming public
hearings on Presidential disability and
means fur filling the vacancy of the office
of the Vice President. The hearings
shall be held In room 2228 of the New
Senate Office Building beginning at 10
a.m., Fe >ruary 24, 25, 26, 27, and 28, if
necessar v, 1964.
Persons interested In this matter
should communicate with the subcom-
mittee p for to February 21.
NOTICE CONCERNING NOMINA-
TIONl BEFORE COMMITTEE ON
THE . tUDICIARY
Mr. FART. Mr. President, the fol-
lowing i.orninations have been referred
to and a-e now pending before the Com-
mittee oi the Judiciary:
A. Le(n Higginbotham, Jr., of Penn-
sylvania to be U.S. district judge, eastern
district of Pennsylvania, appointed dur-
ing last recess of the Senate;
John 4forgan Davis, of Pennsylvania,
to be UA. district judge, eastern district
of Penn ;ylvania, appointed during last
recess o: the Senate; and
Thom Ls J. Kenney, of Maryland, to be
U.S. attorney, district of Maryland, for
a term o'4 years, vice Joseph D. Tydings,
resigned
On behalf of the Committee on the Ju-
diciary, iotice is hereby given to all per-
sons interested In these nominations to
file with the committee, In writing, on or
before Monday, February 24, 1964, any
representations or objections they may
wish to present concerning the above
nominat ons, with a further statement
whether it is their intention to appear at
any hearing which may be scheduled.
NOTICE OF PUBLIC HEARING ON
H.R. 8190
Mr. N vCLEILAN. Mr. President, as
chairma r of the standing Subcommittee
on Patel is. Trademarks and Copyrights
of the Cc mmittee on the Judiciary, I wish
to announce that the subcommittee has
scheduled a public hearing on H.R. 8190,
a bill to fix the fees payable to the Patent
Office. The hearing will commence on
Thursday, February 27, 1964, at 10 a.m.,
in room 3302, New Senate Office Building.
Anyone wishing to testify or file a
statement for the record should com-
municate immediately with the Office of
the Subcommittee. Room 349A, Senate
Office Building, Washington 25, D.C.,
telephone Capitol 4-3121 or Government
code 180. extension 2268.
The subcommittee consists of the Sen-
ator from South Carolina [Mr. JOHN-
sTON], the Senator from Michigan [Mr.
HART), the Senator from North Dakota
[Mr. BURDICK), the Senator from Penn-
sylvania [Mr. ScoTT), the Senator from
Hawaii [Mr. FONGI, and myself.
ENROLLED BILL PRESENTED
The Secretary of the Senate reported
that on today, February 17, 1964, he pre-
sented to the President of the United
States the enrolled bill (S. 298) to amend
the Small Business Investment Act of
1958.
ADDRESSES, EDITORIALS, ARTI-
CLES, ETC.. PRINTED IN THE
APPENDIX
On request, and by unanimous consent,
addresses, editorials, articles, etc., were
ordered to be printed in the Appendix, as
follows:
By Mr. PELL:
Address delivered by Hon. FERNAND ST Gss-
MAUr, Member of Congress from the First
District of Rhode Island, at the annual
awards dinner, Thundermist District, Boy
Scouts of America, February 8, 1964, Woon-
socket. R.I.
By Mr. BEALL:
Lincoln Day address by Mark Evans, vice
president. Metromedia, Inc., delivered at an-
nual Lincoln Day dinner, Cumberland, Md.,
on February 7, 1964.
By Mr. HARTKE:
Editorial entitled "Indiana's Important,
Too," published in the Lafayette (Ind.)
Journal & Courier.
By Mr. MAGNUSON,
Article entitled "John F. Kennedy-Forth
right for Fisheries," published in PAcific Fish-
erman. January 1964 Issue.
LITHUANIAN INDEPENDENCE DAY
Mr. DIRKSEN. Mr. President, Janu-
ary 16 of each year people of Lithuanian
extraction throughout the world pray
that all people behind the Iron Curtain
be given the right of self-determination
and to live as freemen. Their hopes and
prayers go to the free world to aid them
in this dedicated cause.
Mr. President, I introduced Senate
Concurrent Resolution 54 on July 25,
1963, in which the Senate and the House
of Representatives were asked to resolve:
That the President is hereby requested to
take such action as may be necessary to
bring before the United Nations for its con-
sideration the question of the forceful In-
corporation of the Baltic States Republics
into the Soviet Union. and a resolution de-
claring that-(a) the Soviet Union shall
withdraw all Soviet troops, agents, colonists,
and controls from the Baltic States; (b)
the Soviet Union shall return all citizens of
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