A sample showing a natural increase among 1,000 immigrants at varying rates is shown in the following table:

Growth among 1,000 population at various rates of natural increase

Mr. FEIGHAN. We will adjourn until 10 o'clock tomorrow morning. (Whereupon, at 4:40 p.m., the subcommittee recessed, to reconvene at 10 a.m., Tuesday, June 23, 1964.) (Mr. Lindsay's bill is as follows:)

[H.R. 11446, 88th Cong., 2d sess.]

A BILL To amend the Immigration and Nationality Act, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Immigration and Nationality Act Amendments of 1964".

TITLE I-GENERAL

DEFINITIONS

SEC. 101. (a) Paragraph (27)(A) of section 101(a) of the Immigration and Nationality Act (8 U.S.C. 1101(a)) is amended by striking out "or the spouse” and inserting in lieu thereof ", spouse, or parent".

(b) Paragraph (27) (C) of section 101 (a) of such Act is amended to read as follows:

"(C) an immigrant who was born in any independent 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;".

(c) Paragraph (33) of section 101(a) of s Act is amended by striking out the last sentence thereof.

POWERS AND DUTIES OF THE SECRETARY OF STATE

SEC. 102. (a) Clause (1) of section 104(a) of the Immigration and Nationality Act (8 U.S.C. 1104(a)) is amended by striking out "except" and inserting in lieu thereof "including".

TITLE II—QUOTA SYSTEM

DETERMINATION AND ALLOCATION OF ANNUAL QUOTA

SEC. 201. (a) Section 201 of the Immigration and Nationality Act (8 U.S.C. 1151) is amended to read as follows:

"NUMERICAL LIMITATIONS; ANNUAL QUOTA BASED UPON NATIONAL ORIGIN; MINIMUM QUOTAS; QUOTA POOL

"SEC. 201. (a) (1) The annual quota shall be a number equal to one-sixth of 1 per centum of the number of inhabitants in the United States in 1960, as determined by the United States census of 1960.

"(2) The annual quota shall be distributed in the following manner:

"(A) Each quota area shall first be allotted the same quota as it received under the law in existence prior to the date of enactment of the Immigration and Nationality Act Amendments of 1964.

"(B) The minimum quota for each minimum quota area as heretofore determined under the law in existence prior to the enactment of the Immigration and Nationality Act Amendments of 1964 shall be increased by one hundred numbers, and the total of such increases shall be deducted from the remainder of the annual quota.

"(C) The remainder of the annual quota shall then be distributed among the several quota areas in proportion to the actual immigration into the United States of immigrants chargeable to each such quota area between July 1, 1920, and July 1, 1960.

"(b) The determination of the annual quota of any quota area shall be made by the Secretary of State, the Secretary of Commerce, the Attorney General, and the Secretary of Labor, jointly. Such officials shall, jointly, report to the President the quota of each quota area, and the President shall proclaim and make known the quotas so reported. Such determination and report shall be made and such proclamation shall be issued as soon as practicable after the date of enactment of the Immigration and Nationality Act Amendments of 1964. Quotas proclaimed therein shall take effect on the first day of the fiscal year, or the next fiscal half year, next following the expiration of six months after the date of the proclamstion, and until such date the existing quotas proclaimed under the Immigration and Nationality Act before the date of enactment of the Immigration and Nationality Act Amendments of 1964 shall remain in effect. After the making of a proclamation under this subsection the quotas proclaimed therein shall continue with the same effect as if specifically stated herein and shall be final and conclusive for every purpose, except (1) insofar as it is made to appear to the satisfaction of such officials and proclaimed by the President, that an error of fact has occurred in such determination or in such proclamation, or (2) in the case provided for in section 202 (c).

"(c) Except as otherwise provided in subsection (f), there shall be issued to quota immigrants chargeable to any quota (1) no more immigrant visas in any fiscal year than the quota for such year, and (2) in any calendar month of any fiscal year, no more immigrant visas than 10 per centum of the quota for such year; except that during the last two months of any fiscal year immigrant visas may be issued without regard to the 10 per centum limitation contained herein. "(d) Nothing in this Act shall prevent the issuance (without increasing the total number of quota immigrant visas which may be issued) of an immigrant visa to an immigrant as a quota immigrant even though he is a nonquota immigrant.

"(e) The quota numbers available under the annual quotas of each quota area proclaimed under this Act shall be reduced by the number of quota numbers which have been ordered to be deducted from the annual quotas authorized prior to the effective date of the annual quotas proclaimed under the Immigration and Nationality Act Amendments of 1964 under

"(1) section 19(c) of the Immigration Act of 1917, as amended;

"(2) any other Act of Congress enacted prior to the effective date of the quotas proclaimed under the Immigration and Nationality Act Amendments of 1964: Provided, That the quota deductions required under the provisions

of the Displaced Persons Act of 1948, as amended, the Act of June 30, 1950 (64 Stat. 306), and the Act of April 9, 1952 (66 Stat. 50), are hereby terminated effective July 1, 1957.

"(f) (1) Quota numbers of all quota areas authorized under the provisions of subsection (a), which have not been issued or otherwise used at the termination of a fiscal year, shall be assigned to a quota pool.

"(2) The Secretary of State shall, at the end of each fiscal year, determine the amount of quota numbers in the quota pool. He shall proclaim the number thereof on or before October 1 following the end of each fiscal year. The quota numbers so determined and proclaimed by the Secretary of State shall be available for use in the following manner, during the ensuing twelve-month period, beginning October 1 and ending September 30 of the following year:

"(A) The quota numbers in the quota pool shall be available for visa issuance to qualified quota immigrants chargeable to the quotas of the quota areas whose quotas have been oversubscribed during the previous fiscal year, and quota immigrant visas issued to aliens under this subsection shall be issued in the order specified in sections 203 (b) and (c) of this Act.

(B) Immigrant visas shall be issued to qualified quota immigrants under this subsection in the manner and to the preference classes specified in paragraphs (b). (2), (3), and (4) of section 203(a). An eligible immigrant shall be entitled to receive such a visa only if there is not immediately available to him an immigrant visa under the quota specified in subsection (a).

"(C) Quota numbers not issued or otherwise used under this subsection during the twelve-month period specified in this paragraph shall not be available for issuance or other use at any other time."

(b) That portion of the table of contents contained in the first section of the Immigration and Nationality Act which appears under the heading

is amended by striking out

"TITLE II-IMMIGRATION"

"Sec. 201. Numerical limitations; annual quota based upon national origin; minimum quotas." and inserting in lieu thereof

"Sec. 201. Numerical limitations; annual quota based upon national origin; minimum quotas; quota pool."

DETERMINATION OF QUOTA TO WHICH AN IMMIGRANT IS CHARGEABLE

SEC. 202. (a) Section 202(a)(5) of the Immigration and Nationality Act (8 U.S.C. 1152(a) (5)) is amended to read as follows:

"(5) any immigrant born in a colony or other component or dependent area of a governing country for which no separate or specific quota has been established, unless a nonquota immigrant as provided in section 101 (a) (27) of this Act, shall be chargeable to the quota of the governing country.” (b) Subsections (b) and (c) of section 202 of such Act are hereby repealed. (c) Section 202 of such Act (8 U.S.C. 1152) is further amended by redesignating subsections (d) and (e) as subsections (b) and (c), respectively, and by striking out "section 202(c) (1)" in subsection (c), as so redesignated by this subsection, and inserting in lieu thereof "section 201(a) (2) (B)".

SEC. 203. Section 203 (a)(2) of such Act (8 U.S.C. 1153(a)(2)) is amended by striking out "who are the parents of citizens of the United States, such citizens being at least twenty-one years of age or".

TITLE III-CHANGES LIBERALIZING VISA REQUIREMENTS FOR NONIMMIGRANT VISITORS TO THE UNITED STATES

NONIMMIGRANT VISAS

SEC. 301. (a) Section 212 (d) (4) of such Act (8 U.S.C. 1182(d)(4)) is amended by adding at the end thereof the following new sentence: "The requirements of clause (B) of paragraph (26) of subsection (a) may be waived by the Attorney General and the Secretary of State, acting jointly, in their discretion and on the basis of reciprocity, with respect to nationals of any foreign state traveling to the Vaited States as nonimmigrant visitors in accordance with the provisions of section 101(a) (15) (B)."

C) Section 212 of such Act (8 U.S.C. 1182) is further amended by adding at the end thereof the following new subsection:

"Notwithstanding any other provision of the immigration laws, the Secretary of Health, Education, and Welfare may, with the consent of the Secretary

of State, detail medical officers of the United States Public Health Service, and the Attorney General may, with the consent of the Secretary of State, detail immigration officers to serve at one or more consulates of the United States in any foreign state with respect to which the Attorney General and the Secretary of State have exercised their authority under the second sentence of paragraph (4) of subsection (d) so as to exempt the nationals of such foreign state from the requirements of clause (B) of paragraph (26) of subsection (a). Such officers of the Public Health Service and immigration officers shall, at the request of any national of the foreign state in which such officers are detailed, conduct such physical and mental examinations and such other inspection as otherwise would be required upon the entry of such national into the United States. Such examinations and inspection shall be available only to those nationals with respect to whom the requirements of clause (B) of paragraph (26) of subsection (a) have been waived in accordance with the second sentence of paragraph (4) of subsection (d). Such examinations and inspection shall be in lieu of any other examination or inspection required under any other provision of the immigration laws.”

(c) Section 214(b) of such Act (8 U.S.C. 1184(b)) is amended by striking out the first sentence thereof.

TITLE IV

THE ADMISSION OF PERSECUTED PEOPLES

REFUGER RELIEF

SEC. 401. (a) Paragraph (5) of subsection (d) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182 (d) (5)) is amended (1) by inserting "(A)" after "(5)" at the beginning of such paragraph and (2) by adding the following additional subparagraph:

"(B)(i) As used in this paragraph, the term 'refugee' means any alien (1) who because of persecution or fear of persecution on account of race, religion, or political opinion has fled or shall flee from any Communist, Communist-dominated, or Communist-occupied area, or 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, or (2) who is out of his usual place of abode because of a natural calamity, military operations, or political upheaval, and who is unable or unwilling to return to his usual place of abode, and (3) who is in a country or area which is neither Communist nor Communist-dominated, and (4) who has not been firmly resettled and is in urgent need of assistance for the essentials of life.

"(ii) Whenever the President shall find that a situation has arisen causing the creation of a class or classes of aliens who fall within the meaning of the term 'refugee' as defined in subparagraph (i) of this paragraph and that it would be in the interest of the United States to permit the prompt entry into the United States of such refugees, he may by proclamation direct the Attorney General to parole into the United States refugees selected by the Secretary of State: Provided, That the Attorney General is authorized, in the absence of any such proclamation by the President, to parole into the United States refugees selected by the Secretary of State, and their accompanying spouses and unmarried sons or daughters under twenty-one years of age, including stepsons and stepdaughters and adopted sons and adopted daughters, except that the total number of aliens paroled into the United States under this proviso in any fiscal year shall not exceed 10,000."

ADJUSTMENT OF STATUS OF CERTAIN ALIENS

SEC. 402. (a) Subsection (d) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1182(d)) is hereby amended by adding at the end thereof the following new paragraph:

'(9) (A) Notwithstanding any other provision of this Act or any other law, any alien who is or has been paroled into the United States by the Attorney General under the authority of paragraph (5) of this subsection and has not otherwise acquired permanent residence status in the United States may apply to the Attorney General for adjustment of his status to that of an alien lawfully admitted for permanent residence.

"(B) If it shall appear to the satisfaction of the Attorney General that the alien has remained in the United States for at least two years, is a person of good moral character, and that such action would not be contrary to the national welfare, safety, or security, the Attorney General, in his discretion, may record the alien's

lawful admission for permanent residence as of the date of the alien's last arrival in the United States. A complete and detailed statement of the facts and pertinent provisions of law in the case shall be reported to the Congress with the reasons for such adjustment of status. Such reports shall be submitted on the first and fifteenth day of each calendar month in which Congress is in session. If during the session of the Congress at which a case is reported, or prior to the close of the session of Congress next following the session at which a case is reported, either the Senate or the House of Representatives passes a resolution stating in substance that it does not favor the adjustment of status of such alien, the Attorney General shall thereupon require the departure of such alien in the manner provided by law. If neither the Senate nor the House of Representatives passes such a resolution within the time above specified, the alien shall be regarded as lawfully admitted to the United States for permanent residence as of the date of the alien's last arrival in the United States."

(b) In addition to any refugees paroled into the United States by the Attorney General pursuant to the provisions of paragraph (5) of subsection (d) of section 212 of the Immigration and Nationality Act (8 U.S.C. 1185(d) (5)), or the provisions of Public Law 86-648 of the Eighty-sixth Congress (74 Stat. 504), there are authorized to be issued during the two-year period beginning July 1, 1964, a total of twenty thousand special nonquota immigrant visas to aliens who are refugees (as defined in such section 212(d) (5)) seeking to enter the United States as immigrants and to their spouses and children, if accompanying them. (c) Notwithstanding the provisions of section 212(a) (6) of the Immigration and Nationality Act relating to the exclusion of aliens afflicted with tuberculosis, any alien described in subsection (a) of this section who is listed as a nonsettled hard-core refugee by the Office of the United Nations High Commissioner for Refugees shall, if otherwise admissible under such Act, be issued a special nonquota immigrant visa under subsection (a) of this section and admitted to the United States for permanent residence in accordance with such terms, conditions, and controls, if any, excluding the giving of a bond, as the Attorney General, in his discretion, after consultation with the Surgeon General of the United States Public Health Service may by regulations prescribe. Not more than ten thousand special nonquota immigrant visas authorized under subsection (b) of this section shall be made available for issuance to aliens described in this subsection.

(d) Except as otherwise provided in subsection (c) of this section, no visa shall be issued under this section to any alien unless such alien is found to be eligible to be issued an immigrant vias and to be admitted to the United States under the provisions of the Immigration and Nationality Act.

ISSUANCE OF VISAS

SEC. 403. Except as otherwise provided in subsection (c) of section 402 of this Act, any special nonquota immigrant visa authorized to be issued under this Act shall be issued in accordance with the provisions of section 221 of the Immigration and Nationality Act.

RESETTLEMENT OF REFUGEES

SEC. 404. (a) The Secretary of State is authorized, subject to such conditions and limitations as he may deem necessary to impose in the best interests of the United States, to make grants to public or private agencies in the United States to be used by such agencies for the purpose of financing the resettlement in the United States, including care and rehabilitation, of any nonsettled hard-core refugees receiving visas under section 402 (c) of this Act who lack the resources to finance the expenses involved.

(b) There are authorized to be appropriated such sums, not to exceed $2,500,000, as may be necessary to carry out the provisions of subsection (a) of this section.

IMMIGRATION AND NATIONALITY ACT DEFINITIONS

SEC. 405. The definitions contained in subsections (a) and (b) of section 101 of the Immigration and Nationality Act shall apply in the administration of sections 401, 402, 403, and 404 of this Act.