A BILL TO AMEND THE IMMIGRATION AND NATIONALITY ACT, AND FOR OTHER PURPOSES.

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP67B00446R000100280042-5
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 18
• Document Creation Date: December 16, 2016
• Document Release Date: November 29, 2004
• Sequence Number: 42
• Content Type: REGULATION

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A BILL
To amend the Immigration and Nationality Act, and for
other purposes.
Be it enacted by the Senate and House of Representa-
tives of, the United States of America in Congress assembled,
That section 2'0l(a) of the Immigration and Nationality
Act (66 Stat. 175, 8 U. S. C. 1151(a)) be amended to read
as follows;
"Sec. 201. (a) The annual quota of any
quota area shall be the same as that which existed
for that area upon enactment of subsection (f) of
this section: Provided, That the minimum quota
for any quota area shall be two hundred: Provided
further, That beginning with the first fiscal year
commencing after the enactment of subsection (f)
of this section and for each of the four succeed-
ing fiscal year's the annual quota of every quota
area shall be reduced by twenty per centum of
its present number for each such fiscal year.
The quota numbers so deducted from quotas of
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quota areas shall be added to the quota reserve
established by subsection (f) of this section
and shall be available for distribution in accord-
ance with the provisions thereof."
SEC. 2. Section 201(b) of the Immigration and
Nationality Act (66 Stat. 175, 8 U.S.C. 1151(b)) is
amended by substituting "section 202(d)" for "section
202(e)" after the words "provided for in".
SEC. 3. Section 201 of the Immigration and Nationality
Act (66 Stat. 175, 8 U. S. C. 1151) is amended by adding the
following additional subsection:
"(f) Quota numbers made available at the
commencement of any fiscal year as a result of
the reduction of the annual quota of any quota areas
pursuant to subsection (a) of this section, together
with quota numbers not issued or otherwise used
during the previous fiscal year, shall then be made
available (1) during the five fiscal years following
the enactment of this subsection, to quota immigrants,
if otherwise admissible under the provisions of this
Act, who are unable to obtain prompt issuance of
visas due to oversubscription of their quotas or
subquotas as determined by the Secretary of State,
and (2), thereafter, to quota immigrants if other-
wise admissible under the provisions of this Act.
These quota numbers shall be allocated within the
percentage limitations and in the order of priority
specified in section 203 without regard to the quota
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to which the alien is chargeable: Provided, however,
that the combined number of quota numbers issued to
any quota area in any year, under the provisions of
this subsection and subsection (a) of this section,
shall not exceed ten per centum of the total quota
numbers authorized for that year: Provided further,
that in no case shall this limitation operate to
reduce any quota in any of the five fiscal years
following the enactment of this Act by more than the
twenty per centum specified in subsection (a) of this
section: Provided further, that the President may,
after consultation with the Immigration Board,
reserve --
(l) Not to exceed thirty per centum
of such numbers for allocation to quota
immigrants, if otherwise admissible under
the provisions of this Act, whose admission
is determined by him to be required (A) to
avoid undue hardship, resulting from the
reduction of annual quotas pursuant to sub-
section (a) of this section, which is not
otherwise avoided under the provisions of
this subsection, and (B) in the national
security interest of the United States:
Provided, That the limitation on immigration
from any single quota area in any year included
in the first proviso to this subsection shall
not apply to visas issued under this clause; and
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(2) Not to exceed ten per centum of such
numbers for allocation to quota immigrants,
if otherwise admissible under the provisions
of this Act, whose admissions will further
the traditional policy of the United States of
offering asylum and refuge to persons oppressed
or persecuted, or threatened with oppression
or persecution, because of their race, color,
religion, national origin, adherence to demo-
cratic beliefs, or their opposition to totali-
tarianism or dictatorship, and to persons up-
rooted by natural calamity or military operations
who are unable to return to their usual place of
abode. After consultation with the Attorney
General, the Secretary of State shall establish
by regulation the requirements for qualification
within this class, with reference to current
world conditions.
In no case shall the authority to reserve such numbers,
or the limitation on the combined number of quota num-
bers to be issued to any quota area in any year, operate
so as to require that authorized quota numbers be unused."
SEC. 4. Section 201(c) of the Immigration and Nationality
Act (66 Stat. 176, 8 U. S. C. 1151(c)) is amended to read as
follows:
"There shall be made available for the
issuance of immigrant visas to quota immigrants
(1) in any fiscal year no more quota numbers than
the total quota for such year, and (2) in any
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calendar month of any fiscal year, no more quota
numbers than ten per centuxn of the total quota
for such year in addition to that portion of the
quota authorized for issuance but not issued during
any preceding calendar month or months of the
same fiscal year; except that during the last two
months of any fiscal year immigrant visas may be
issued without regard to the ten per centum limita-
tion contained herein. "
SEC. 5. Section 201(d) of the Immigration and Nation-
ality Act (66 Stat. 175, 8 U. S. C. 1151(d)) is amended to
read as follows:
"A quota immigrant visa shall not be issued
to any alien who is eligible for a nonquota immi-
grant visa. "
SEC. 6. (a) Section 202(a) of the Immigration and
Nationality Act (66 Stat. 176, 8 U. S. C. 1152(a)) is amended
by deleting paragraph (5) thereof.
(b) Section 202(b) of the Immigration and Nationality
Act (66 Stat. 177, 8 U. S. C. 1152(b)) is repealed.
(c) Section 202(c) of the Immigration and Nationality
Act (66 Stat. 177, 8 U. S. C. 1152(c)) is redesignated sec-
tion 202(b) and is amended to read as follows:
"Any immigrant born in a colony or other com-
ponent or dependent area of a governing country
for which no separate or specific quota has been
established, unless a nonquota immigrant as pro-
vided in section 101(a)(27) of this Act, shall be
chargeable to the quota of the governing country,
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except that no more persons born in any such colony
or other component or dependent area overseas from
the governing country shall be chargeable to the
quota of its governing country in any one year
than a number which bears the same relation to
the quota of its governing country as the number
two hundred bears to the quota of the governing
country prior to the enactment of this Act. ".
(d) Section 202(d) of the Immigration and Nationality
Act (66 Stat. 178, 8 U. S. C. 1152(d)) is redesignated sec-
tion 202(c).
(e) Section 202(e) of the Immigration and Nationality
Act (66 Stat. 178), as amended (75 Stat. 654), (8 U. S. C.
1152(e)) is redesignated section 202(d) and is further
amended by substituting "section 202(b)" for "section 202
(c) (1)" after the words "issued under."
SEC. 7. Section 207 of the Immigration and Nationality
Act (66 Stat. 181, 8 U.S.C. 1157) is amended by deleting
the words "no immigrant visa shall be issued in lieu
thereof to any other immigrant" and inserting in lieu thereof
the words "an immigrant visa may be issued in lieu thereof
to any other immigrant".
SEC. 8. Paragraph (27)(A) of section 101(a) of the
Immigration and Nationality Act (66 Stat. 169, 8 U. S. C
1101(a)(27)(A) is amended to read as follows:
"(A) An immigrant who is the child, spouse,
or parent of a citizen of the United States;".
SEC. 9. Paragraph (27)(C) of section 101(a) of the
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Immigration and Nationality Act (66 Stat. 169, 8 U. S. C..
1101(a)(27)(C) is amended to read as follows:
Appro
C) An immigrant who was born in any independent
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(1) inserting after the words "married daughters
of citizens of the United States" a comma, fol-
lowed by the words "or parents of aliens law-
fully admitted for permanent residence, " and
(2) adding at the end thereof the following:
"Qualified quota immigrants capable of performing
specified functions for which a shortage of
employable and willing persons exists in the
United States shall be entitled to a preference
not to exceed 50 per centum of the immigrant
visas remaining available for issuance under this
foreign country of North, Central, or South
America, or in any independent island country
adjacent thereto, or in the Canal Zone, and the
spouse and children of any such immigrant, if
accompanying or following to join him;".
SEC. 10. (a) Section 203(a)(1) of the Immigration
and Nationality Act (66 Stat. 178, 8 U. S. C. 1153(a)(l) )
is amended by deleting the words "needed urgently in"
and substituting the words "especially advantageous to".
(b) Section 203(a)(2) of the Immigration and Nation-
ality Act (66 Stat. 178), as amended (73 Stat. 644), (8
U. S. C. 1153(a)(2)), is amended by deleting the words "parents
of citizens of the United States, such citizens being at least
twenty-one years of age or who are the".
(c) Section 203(a)(4) of the Immigration and Nation-
ality Act (66 Stat. 178), as amended (73 Stat. 644), (8
U. S. C. 1153(a)(4)) is amended by
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paragraph after the preference to the named
relatives of United States citizens and resi-
dent aliens is satisfied or exhausted."
SEC. 11. Section 204 of the Immigration and Nationality
Act (66 Stat. 179, 8 U. S. C. 1154) is amended as follows:
(1) Subsection (a) is amended by deleting the
words "or section 203(a)(1)(A)" and substi-
tuting a comma, followed by the words "section
203(a)(1)(A) or the last clause of section 203
(a)(4). "
(2) Subsection (b) is amended (A) by deleting the
words "section 203(a)(1)(A)" and substituting
the words "the last clause of section 203(a)(4)"
and (B) by inserting after the words "required
by the Attorney General" the words "after con-
sultation with the Immigration Board.
(3) Subsection (c) is redesignated (d) and is
amended to read as follows:
"(d) After an investigation of the facts
in each case, and after consultation
with appropriate agencies of the
Government, the Attorney General shall,
if he determines that the facts stated
in the petition are true and that the
alien in respect of whom the petition
is made is eligible for an immigrant
status under section 101(a)(27)(F)(i),
section 203(a)(1)(A) or the last clause
of section 203(a)(4) approve the petition
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and forward one copy thereof to the
Department of State. The Secretary
of State shall then authorize the
consular officer concerned to grant
such immigrant status. The Attorney
General shall forward to the Congress
a report on each approved petition
for immigrant status under section
203(a)(1) stating the basis for his
approval and such facts as were by
him deemed to be pertinent in
establishing the beneficiary's
qualifications for the preferential
status. Such reports shall be
submitted to the Congress on the
first and fifteenth day of each
calendar month in which the Congress
is in session."
(4) Subsection (d) is redesignated (e) and is amended
(5)
by deleting the words "or section 203(a)(1)(A),
and substituting a comma, followed by the words
"section 203(a)(1)(A) or the last clause of
section 203(a)(4). "
The following new subsection is inserted after.
subsection (b):
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"(c) Any immigrant claiming in his application
to be entitled to an immigrant visa under
section 203(a)(1)(A) of the Act shall file
a petition with the Attorney General. The
petition shall be in such form as the At-
torney General may by regulations prescribe
and shall contain such additional informa-
tion and be supported by such documentary
evidence as may be required by the Attorney
General. The petition shall be made under
oath administered by any individual having
authority to administer oaths, if executed
in the United States, but, if executed out-
side of the United States, administered by a
consular officer. "
SEC. 12. The first sentence of section 205(b) of the
Immigration and Nationality Act (66 Stat. 180), as amended
(73 Stat. 644), ,(8 U. S. C. 1155(b)) is amended to read as
follows:
"(b) Any citizen of the United States claiming that
any immigrant is his spouse, child, or parent, and
that such immigrant is entitled to a nonquota immi-
grant status under section 101(a)(27)(A) of this Act,
or any citizen of the United States claiming that any
immigrant is his unmarried son or unmarried daughter
and that such immigrant is entitled to a quota immi-
grant status under section 203(a)(2) of this Act, or
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(74 Stat. 504), is amended to read as follows:
"That (a) under the terms of Section 212(d)(5) of
the Immigration and Nationality Act the Attorney General
may parole into the United States, pursuant to such
regulations as he may prescribe, an alien refugee-escapee
defined in subsection (b) of this section, if such alien
(1) applies for parole while physically present within
the limits of any country which is not Communist, Com-
munist-dominated, or Communist-occupied, and (2) is not
a national of the area in which the application is made.
"(b) For the purposes of subsection (a), the term
'refugee-escapee' means any alien who, because of persecution
any alien lawfully admitted for permanent residence
claiming that any immigrant is his spouse or his
unmarried son or unmarried daughter and that such
immigrant is entitled to a quota immigrant status
under section 203(a)(3) of this Act, or any citizen
of the United States claiming that any immigrant
is his brother or sister or his married son or
his married daughter and that such immigrant is
entitled to a preference under section 203(a)(4)
of this Act, or any alien lawfully admitted for
permanent residence claiming that any immigrant
is his parent and that such immigrant is entitled
to a preference under section 203(a)(4) of this
Act, may file a petition with the Attorney General. "
SEC. 13. Section 1 of the Act of July 14, 1960
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or fear of persecution on account of race, religion,
or political opinion has fled or shall flee (A) from
any Communist, Communist-dominated, or Communist-
occupied area, or (B) from any country within the
general area of the Middle East, and who cannot return
to such area, or to such country, on account of race,
religion, or political opinion. The expression
'general area of the Middle East' means the area
between and including (1) Morocco on the west, (2)
Turkey on the north, (3) Pakistan on the east, and
(4) Saudi Arabia and Ethiopia on the south. "
SEC. 14. Section 2 of the Act of July 14, 1960
(74 Stat. 504), as amended (76 Stat. 124), is amended
by deleting (1) the letter "(a)" immediately following
the words "Sec. 2. , " and (2) subsection (b) thereof.
SEC. 15. Section 281 of the Immigration and
Nationality Act (66 Stat. 230, 8 U. S. C. 1351) is
amended as follows:
(1) Immediately after "SEC. 281. " insert "(a)".
(2) Paragraph (2) is amended to read as follows:
"(2) For the issuance of each immigrant
visa, $20; except that such fee shall be $10
in the case of any alien who is the beneficiary
of a petition required under sections 204(b)
or 205(b). "
(3) The following is inserted after paragraph (7),
and is designated subsection (b):
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"The time and manner of payment of the fees
specified in paragraphs (1) and (2) of subsection
(a) of this section, including but not limited to
partial deposit or prepayment at the time of regis-
tration, or postponement for an appropriate period,
shall be prescribed by the Secretary of State. "
(4) The paragraph beginning with the words "The fees
... " is designated subsection (c).
SEC. 16. Section 203(c) of the Immigration and
Nationality Act (66 Stat. 179, 8 U. S. C. 1153(c)) is
amended by adding at the end thereof the following:
"The Secretary of State, in his discretion,
may terminate the registration on a quota waiting
list of any alien who fails to evidence his con-
tinued intention to apply for a visa in such
manner as may be by regulation prescribed."
SEC. 17. (a) Paragraph (1) of section 212(a) of the
Immigration and Nationality Act (66 Stat. 182, 8 U. S. C.
1182(a)(1)) is amended by deleting the language "feeble-
minded" and inserting the language "mentally retarded"
in its place.
(b) Paragraph (4) of section 2L2'(a)_ of the Immigration
and Nationality Act (66 Stat. 182, 8 U.S. C. 1182(a)(4)) is
amended by deleting the word "epilepsy" and the commas
before and after it.
(c) Section 212(f), (g) and (h) of the Immigration
and Nationality Act, as added by the Act of September 26,
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1961, (75 Stat. 654, 655, 8 U.S. C. 1182) are hereby
redesignated sections 212(g), (h), and U), respectively,
and section 2l2(g) as so redesignated is amended to read
as follows-,
'with the Surgeon General of the United States
"Any alien who is excludable from the United
States under paragraphs (1), (2), (3), or (4) of
subsection (a) of this section, and any alien
afflicted with tuberculosis in any form, who
(A) is the spouse or the unmarried son or
daughter, or the minor unmarried lawfully
adopted child, of a United States citizen, or
of an alien lawfully admitted for permanent
residence, or of an alien who has been issued
an immigrant visa, or (B) has a son or daughter
who is a United States citizen, or an alien
lawfully admitted for permanent residence, or
an alien who has been issued an immigrant visa,
may, if otherwise admissible, be issued a visa
and admitted to the United States for permanent
residence in accordance with such terms, condi-
tions, and controls, including the giving of a
bond, as the Attorney General, in his discretion,
may by regulations prescribe, after consultation
Public Health Service. "
SEC. 18. (a) There is hereby established the Immi-
gration Board (hereafter referred to as the "Board") to
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be composed of seven members. The President of the United
States shall appoint the Chairman of the Board and two
other members. The President of the Senate, with the
approval of the majority and minority leaders of the
Senate, shall appoint two members from the membership
of the Senate. The Speaker of the House of Representa-
tives, with the approval of the majority and minority
leaders of the House, shall appoint two members from the
membership of the House. The members of the Board shall
be selected by virtue of their high personal integrity,
their capabilities, and their experience in and expert
knowledge of immigration laws and international migration
problems. A vacancy in the membership of the Board shall
be filled in the same manner as the original designation
and appointment.
(b) The duties of the Board shall be --
(1) to promulgate, after consultation with
the Attorney General, such regulations
as are necessary to insure its efficient
functioning under the provisions of this
Act;
(2) to make a continuous study of such condi-
tions within and without the United
States, which, in the opinion of the
Board, might have any bearing on the
immigration policy of the United States;
(3) to consider, after consultation with
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the Secretary of State, to recommend
to the President, such allocation of
quota immigrant visas, under section
201(f) of the Immigration and Nation-
ality Act, as will best fulfill the
purposes of that section;
(4) to consider, and after consultation with
the Secretaries of Labor, State, and
Defense, to recommend to the Attorney
General such criteria-for admission
of immigrants under section 203(a)(1)(A)
of the Immigration and Nationality Act,
as amended, and the last clause of sec-
tion 203(a)(4), as amended, as will
further the policy of the United States
to secure the immigration of persons of
high skill, education, or training, or
who are capable of performing specified
functions for which a shortage of employ-
able, willing persons exists in the United
States;
(5) to study such other aspects of the Immigra-
tion and Nationality Act as the President
shall assign to the Board for study, and
make recommendations with respect thereto;
(6) to conduct such investigations and to hold
such public and executive hearings in such
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places within and without the United
States and at such times as the Board
deems necessary.
(c) All Federal agencies shall cooperate fully with
the Board to the end that it may effectively carry out
its duties.
(d) Each member of the Board who is not otherwise
in the service of the Government of the United States
shall receive the sum of $75 for each day spent in the
work of the Board, shall be paid actual travel expenses,
and per diem in lieu of subsistence expenses, when away
from his usual place of residence, in accordance with
section 5 of the Administrative Expenses Act of 1946, as
amended.
(e) Each member of the Board who is otherwise in the
service of the Government of the United States shall serve
without compensation in addition to that received for such
other service, but while engaged in the work of the Board
shall be paid actual travel expenses, and per diem in lieu
of subsistence expenses, when away from his usual place of
residence, in accordance with the Administrative Expenses
Act of 1946, as amended.
(f) There is authorized to be appropriated, out of
any money in the Treasury not otherwise appropriated, so
much as may be necessary to carry out the provisions of
this section.
SEC. 19. Section 221(g) of the Immigration and
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Nationality Act (66 Stat. 192, 8 U. S. C. 1201(g)) is
amended by deleting the period at the end thereof and
adding the following:
to receive a visa, upon receipt of a notice by
the consular officer from the Attorney General
of the giving of a bond with sufficient surety
in such sum and containing such conditions as
the consular officer shall prescribe, to insure
that at the expiration of the time for which
such alien has been admitted by the Attorney
General, as provided in section 214(a), or upon
failure to maintain the status under which he was
admitted, or to maintain any status subsequently
acquired under section 248 of the Act, such alien
will depart from the United States. "
SEC. 20. So much of section 272(a) of the Immigration
": Provided further, That a visa may be
issued to an alien defined in section 101(a)(15)
(B) or (F), if such alien is otherwise entitled
and Nationality Act (66 Stat. 226, 8 U.S.C. 1322(
)) as
precedes the words "shall pay to the collector of customs"
is amended to read as follows:
"SEC. 272. (a) Any person who shall bring to the
United States an alien (other than an alien crewman) who
is (1) mentally retarded, (2) insane, (3) afflicted with
psychopathic personality, (4) a chronic alcoholic, (5)
afflicted with any dangerous contagious disease, or (6) a
narcotic drug addict, ".
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