BRIEF EXPLANATION OF TECHNICAL CHANGES IN H.R. 11437 (AND H.R. 11436 BY MR. HORTON) AS REVISED BY H.R. 11837

1. Section 1 of the bill was changed to insert the word "decennial" after United States and "of population" after census. This clarified an otherwise ambiguous intent that the basis upon which the formula for determining the total immigration to the United States be revised every 10 years as a new census is computed.

2. Reference to this amendment in section 1 of the bill was clarified by referring to the bill as "the Immigration and Nationality Act Amendments of 1964."

3. Section 1 which amends section 201(b) of the law was changed to state that only the Secretary of State should determine the quota for each quota area. This eliminates the Secretary of Commerce and the Attorney General from such determination.

4. Section 2 of the bill was changed so that a colony is not limited to only 200 quota numbers to be charged against the governing country. Under this section, no limitation exists, except the numbers available to the governing country itself.

5. A new section 5 was added to the bill to make a conforming amendment to section 205(b) of the Immigration and Nationality Act to conform to the liberalized preference classes.

6. Section 5 of H.R. 11437 was changed to section 6 and was clarified to make certain that the provisions for adjustment of status of escapees applied to all persons paroled-whether before the enactment of this bill or after such enactment.

7. Section 6 of H.R. 11437 was deleted in its entirety as not applicable to the bill. 8. Section 7 of the bill was clarified by defining that it amends section 212(g) of the Immigration and Nationality Act.

9. Sectional references in sections 9 and 10 were corrected.

10. Section 11 of the bill was changed to state that a parent of a citizen over 21 years of age is made nonquota. This is the language of the second preference and was carried over when parents were made nonquota.

11. Section 12 of the bill was altered to state that all countries and islands of North, Central, and South America are made nonquota, regardless of whether they are independent.

12. Section 15 of H.R. 11437 was changed by adding the concept that, to qualify for the liberalized provision of naturalization for aliens who have served in the Armed Forces of the United States, prior lawful admission for permanent residence is not necessary, but physical presence within the United States at time of entering the armed services will suffice.

NUMBER 8

MR. HORTON'S BILL, H.R. 11436 (IDENTICAL WITH H.R. 11437 BY MR. REID OF NEW YORK), IS AS FOLLOWS

[H.R. 11436, 88th Cong., 2d Sess.]

A BILL To amend titles I, II, and III of 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".

Section 201 of the Immigration and Nationality Act (66 Stat. 175; 8 U.S.C. 1151) is amended to read as follows:

"NUMERICAL LIMITATIONS; ANNUAL QUOTA BASED UPON NATIONAL ORIGIN;

MINIMUM QUOTAS

"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, as determined by the latest official United States census.

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

"(A) Each quota area shall first be allocated the same quota it received under the law in existence prior to the enactment of this Act;

"(B) The quota for each minimum quota area as heretofore determined under the law in existence prior to the enactment of the Act shall be increased by one hundred numbers, and any other quota shall be increased as required so that no quota area has less than two hundred and the total of such increases shall be deducted from the remainder of the annual quota;

"(C) The rest 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 attributed to each such quota area between July 1, 1924, and July 1, 1963, regardless of whether such immigration was quota or nonquota; except no country in a quota area shall have its quota increased which has a quota in excess of one thousand per year, and which has had unused quota numbers in a majority of the years July 1, 1950, to July 1, 1963. "(b) The determination of the annual quota of any quota area shall be made by the Secretary of State, the Secretary of Commerce, and the Attorney General, jointly. Such officials shall, jointly, report to the President the quota of each quota area, and the Secretary of State shall prescribe by regulation and make known the quotas so reported. Such determination and report shall be made and such regulation shall be issued as soon as practicable after the date of enactment of this amendment. Quotas prescribed 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 regulation, and until such date, the existing quotas prescribed under this Act shall remain in effect. After the making of a regulation the quotas prescribed therein shall continue with the same effect as if specially 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 prescribed by the Secretary of State, that an error of fact has occurred in such determination or in such regulation, or (2) in the case provided for in section 202(e).

"(c) Except as otherwise provided in subsection (e) 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) (1) There shall be established a quota pool for each of four geographical regions; that is, Europe, Asia, Africa, and Australasia. For purposes of this sec

tion, the Secretary of State shall have the discretion to fix the boundaries of the areas within each region. The boundaries of the areas within each region as determined by the Secretary of State shall be reported to the Congress yearly.

"(2) Quota numbers of all quota areas within a region authorized under the provisions of subsection (a), which have not been issued at the termination of a fiscal year, shall be assigned to the pool of the region within which the respective quota areas are situated.

The

"(3) The Secretary of State shall, at the end of each fiscal year, determine the amount of quota numbers in each regional quota pool. He shall prescribe the number thereof on or before October 1 following the end of each fiscal year. quota numbers so determined and prescribed 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 each regional pool shall be issued to qualified quota immigrants from any quota area in the respective region;

"(B) the exceptions to the determination of the quota to which an immigrant is chargeable, specified in section 202(a) in respect to quota areas, shall apply in determining the region to which an immigrant is chargeable under this subsection;

"(C) there shall be issued to qualified quota immigrants under this subsection immigrant visas in the manner and to the preference classes specified in section 203(a); except that 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);

"(D) quota immigrant visas issued to aliens under this subsection shall be issued in the order specified in subsections (b) and (c) of section 203;

"(E) there shall be issued to quota immigrants eligible to receive immigrant visas from any regional quota pool under this subsection in any calendar year of the twelve-month period specified in this paragraph no more immigrant visas than 10 per centum of the regional quota pool for such twelvemonth period, except that during the last two months of such twelve-month period immigrant visas may be issued without regard to such limitation;

"(F) quota numbers not used during the twelve-month period specified in this paragraph shall not be available for use at any other time." SEC. 2. Section 202(c) of the Immigration and Nationality Act (66 Stat. 177; 8 U.S.C. 1152(c)) is amended to read as follows:

"(c) 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 determined, unless a nonquota immigrant as provided in section 101(a)(27) of this Act, shall be chargeable to the quota of the governing country, except that not more than two hundred persons born in any one such colony or other dependent or component area overseas from the governing country in any one year shall be so chargeable. A number not exceeding two hundred immigrant visas authorized in any one year under the provisions of subsection (e) of section 201 respecting regional quota pools shall be available to persons born in any colony or other component or dependent area described in this subsection. Such visas shall come from the regional quota pool of the region in which the governing country is a quota area.” SEC. 3. Section 202(a)(5) and 202(b) of the Immigration and Nationality Act (66 Stat. 177; 8 U.S.C. 1152(a)(5)) are repealed.

SEC. 4. Section 203 of the Immigration and Nationality Act (66 Stat. 176; 8 U.S.C. 1153) is amended to read as follows:

"ALLOCATION OF IMMIGRANT VISAS WITHIN QUOTA AREAS

"SEC. 203. (a) Immigrant visas to quota immigrants shall be allocated in each fiscal year as follows:

"(1) The first 50 per centum of the quota of each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (2) and (3) shall be made available for the issuance of immigrant visas (A) to qualified quota immigrants whose services are determined by the Attorney General to be especially advantageous to the United States because of the high education, technical training, specialized experience, or exceptional ability of such immigrants and to be substantially beneficial prospectively to the national economy, cultural interests, or welfare of the United States, and (B) to any qualified quota immigrant who is the spouse or child of any immigrant described in clause (A) if accompanying or following to join him.

"(2) The next 20 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1) and (3), shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the unmarried sons or daughters of citizens of the United States.

"(3) The next 20 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1) and (2) shall be made available for the issuance of immigrant visas to qualified quota immigrants who are the spouses or the unmarried sons or daughters of aliens lawfully admitted for permanent residence.

"(4) The remaining 10 per centum of the quota for each quota area for such year, plus any portion of such quota not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), and (3) shall be made available for the issuance of immigrant visas to qualified quota immigrants who are (A) the brothers, sisters, married sons or married daughters of citizens of the United States (such citizens being at least twenty-one years of age) or parents of aliens lawfully admitted for permanent residence, and (B) the spouse and children of any immigrant described in clause (A) if accompanying or following to join him. 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 paragraph after the preference to the named relatives of the United States citizens and resident aliens is satisfied or exhausted.

"(5) Any portion of the quota for each quota area for such year not required for the issuance of immigrant visas to the classes specified in paragraphs (1), (2), (3), and (4) shall be made available for issuance of immigrant visas to other qualified quota immigrants chargeable to such quota.

"(b) Quota immigrant visas issued pursuant to paragraph (1) of subsection (a) shall, in the case of each quota area, be issued to eligible quota immigrants in the order in which a petition on behalf of each such immigrant is filed with the Attorney General as provided in section 204 and shall be issued in the first calendar month after receipt of notice of approval of such petition on which a quota number is available for an immigrant chargeable to such quota area.

"(c) Quota immigrant visas issued to aliens in the classes designated in paragraphs (2), (3), (4), and (5) of subsection (a) shall, in the case of each quota, be issued to qualified quota immigrants strictly in the chronological order in which such immigrants are registered in each class on quota waiting lists which shall be maintained for each quota in accordance with regulations prescribed by the Secretary of State.

(d) In determining the order for consideration of applications for quota immigrant visas under subsection (a) consideration shall be given first to applications under paragraph (1), second to applications under paragraph (2), third to applications under paragraph (3), fourth to applications under paragraph (4), and fifth to applications under paragraph (5).

"(e) Every immigrant shall be presumed to be a quota immigrant until he establishes to the satisfaction of the consular officer, at the time of application for a visa, and to the immigration officers, at the time of application for admission, that he is a nonquota immigrant. Every quota immigrant shall be presumed to be a nonpreference quota immigrant until he establishes to the satisfaction of the consular officer and the immigration officers that he is entitled to a preference quota status under paragraphs (1), (2), (3), or (4) of subsection (a)."

SEC. 5. (a) Paragraph (5) of subsection (d) of section 212 of the Immigration and Nationality Act (66 Stat. 188; 8 U.S.C. 1182(d) (5)), is amended (1) by inserting "(A)" immediately after "(5)”, and (2) by adding at the end thereof the following new paragraph:

"(B) (i) As used in this subparagraph, the term 'escapee' means any alien (A) 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 country on account of race, religion, or political opinion, or (B) who is out of his usual place of abode because of a natural calamity, military operations, or political upheaval, and who is in a country or area which is neither Communist nor Communist dominated, and (C) who has not 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 and escapees and that it would be in the interest of the United States to permit their prompt entry into the United States, he may by proclamation direct the Attorney General to parole into the United States escapees selected by the Secretary of State. The Attorney General is authorized, in the absence of any such proclamation by the President, to parole into the United States escapees selected by the Secretary of State, and the spouse and children of such escapees if accompanying or following to join him, except that the total number of aliens paroled into the United States under this provision in any fiscal year shall not exceed fifteen thousand."

(b) Subsection (d) of section 212 of the Immigration and Nationality Act (66 Stat. 188; 8 U.S.C. 1182(d)) is hereby amended by adding at the end thereof the following new paragraphs:

"(9)(A) Notwithstanding any other provision of this Act or any other law, any alien who is or has been paroled in 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 the 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 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 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.

"(10) The number of aliens who may be granted the status of aliens lawfully admitted for permanent residence pursuant to paragraph (9) of this subsection, shall not, unless otherwise provided specifically by a joint resolution of the Congress, exceed twenty-five thousand in any fiscal year.'

SEC. 6. Section 245(a) of the Immigration and Nationality Act (8 U.S.C. 1255(a)) is amended by striking out "or paroled into the United States" and inserting in lieu thereof "into the United States (other than under section 212 (d) (5))".

SEC. 7. Notwithstanding the provisions of the Immigration and Nationality Act (66 Stat. 163) or any other law, an alien who

(1) has served honorably in an active duty status in the military, air, or naval forces of the United States in time of war or during a period declared by the President to be a period of national emergency, or who, if separated from such service, was separated under honorable conditions; or

(2) is the spouse, child, parent, brother, sister, unmarried son or daughter (including stepsons and stepdaughters and legally adopted sons or daughters) or a citizen of the United States or of an alien lawfully admitted for permanent residence, or an alien who has been issued an immigrant visa; or

(3) is authorized to perform the ministerial or priestly functions of a recognized religious denomination, or who is engaged by a recognized religious denomination or by an interdenominational mission organization having a bona fide organization in the United States as a missionary, brother, nun, or sister;

and who is applying for an immigrant visa and is known or believed by the consular officer to be ineligible for such visa under any provision of said Act (other than paragraph (13), (14), (15), (22), (23), (27), or (29) of section 212(a)) may, after approval by the Attorney General of a recommendation by the Secre tary of State or by the consular officer that the alien be admitted, be granted a visa and admitted into the United States in the discretion of the Attorney General; or who is inadmissible under any provision of such act other than sec