< Back to H.R. 12443 (95th Congress, 1977–1978)

Text of the A bill to amend section 201(a), 202(c) and 203(a) of the Immigration and Nationality Act, as amended, and to establish ...

...and to establish a Select Commission on Immigration and Refugee Policy.

This bill was enacted after being signed by the President on October 5, 1978. The text of the bill below is as of Oct 5, 1978 (Passed Congress/Enrolled Bill).

PUBLIC LAW 95-412—OCT. 5, 1978                              92 STAT. 907

Public Law 95-412
95th Congress
                                   An Act
To amend section 201(a), 202(c) and 203(a) of the Immigration and Nationality    Oct. 5, 1978
  Act, as amended, and to establish a Select Commission on Immigration and       [H.R. 12443]
  Refugee Policy.

   Be it enacted hy the Senate and House of Representatives of the
United States of America in Congress assembled, That section 201 (a)            Immigration and
of the Immigration and Nationality Act is amended to read as follows:           Nationality Act,
   "SEC. 201. (a) Exclusive of special immigrants defined in section            amendment.
                                                                                8 u s e 1151.
101 (a) (27), and immediate relatives of United States citizens as speci-       8 u s e 1101.
fied in subsection (b) of this section, the number of aliens born in any
foreign state or dependent area who may be issued immigrant visas or
who may otherwise acquire the status of an alien lawfully admitted to
the United States for permanent residence, or who may, pursuant to
section 203(a)(7), enter conditionally, shall not in any of the first           8 u s e 1153.
three quarters of any fiscal year exceed a total of seventy-seven thou-
sand and shall not in any fiscal year exceed a total of two hundred and
ninety thousand.".
   SEC. 2. Section 202(c) of the Immigration and Nationality Act is             8 u s e 1152.
amended to read as follows:
   "(c) Any immigrant born in a colony or other component or depend-
ent area of a foreign state overseas from the foreign state, other than a
special immigrant, as defined in section 101(a) (27), or an immediate
relative of a United States citizen, as defined in section 201 (b), shall be
chargeable for the purpose of the limitation set forth in section 202 (a),
to the foreign state, and the number of immigrant visas available to
each such colony or other component or dependent area shall not exceed
six hundred in any one fiscal year.".
   SEC. 3. Section 203(a) of the Immigration and Nationality Act is             8 u s e 1153.
amended to delete "201(a) (1) or (2)" each place it appears in para-
graphs one through seven and by substituting in lieu thereof "201 (a)".
   SEC. 4. (a) There is established a Select Commission on Immigra-             Select
tion and Kefugee Policy (hereinafter in this section referred to as the         eommission on
"Commission") which shall be composed of—                                       Immigration and
                                                                                Refugee Policy.
         (1) four members appointed by the President, one of whom               Establishment.
      shall be designated by the President as Chairman;                         8 u s e 1151 note.
         (2) the Secretary of State, the Attorney General, the Secretary
      of Labor, and the Secretary of Health, Education, and Welfare;
         (3) four members appointed by the Speaker of the House of
      Representatives from the membership of the House Committee on
      the Judiciary; and
         (4) four members appointed by the President pro tempore of
      the Senate from the membership of the Senate Committee on the
      Judiciary.
    (b) (1) A majority of the Commission shall constitute a quorum for
the transaction of its business, but the Commission may provide for
the taking of testimony and the reception of evidence at meetings at
which there are present not less than four members of the Commission.
    (2) Each member of the Commission who is not otherwise in the
service of the Government of the United States shall receive the sum of
$100 for each day spent in the work of the Commission, shall be paid
actual travel expenses, and per diem in lieu of subsistence expenses,




    39-194 O—80—pt. 1   61 : QL3

92 STAT. 908 PUBLIC LAW 95-412—OCT. 5, 1978 when away from his usual place of residence, in accordance with chap- 5 use 5701 ter 57 of title 5, United States Code. Each member of the Commission et seq. 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 Commission shall be paid actual travel expenses, when away from his usual place of resi- dence, in accordance with chapter 57 of title 5, United States Code. Study and (c) It shall be the duty of the Commission to study and evaluate, in evaluation.^ accordance with subsection (d), existing laws, policies, and procedures Recommendations governing the admission of immigrants and refugees to the United to President and States and to make such administrative and legislative recommenda- Congress. tions to the President and to the Congress as are appropriate. (d) In particular, the Commission shall— (1) conduct a study and analysis of the effect of the provisions 8 u s e 1101 of the Immigration and Nationality Act (and administrative note. interpretations thereof) on (A) social, economic, and political conditions in the United States; (B) demographic trends; (C) present and projected unemployment in the United States; and (D) the conduct of foreign policy; (2) conduct a study and analysis of whether and to what extent the Immigration and Nationality Act should apply to the Com- monwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the other territories and possessions of the United States; (3) review, and make recommendations with respect to the numerical limitations (and exemptions therefrom) of the Immi- gration and Nationality Act on the admission of permanent resi- dent aliens; (4) assess the social, economic, political, and demographic impact of previous refugee programs and review the criteria for, and numerical limitations on, the admission of refugees to the United States; (5) conduct a comprehensive review of the provisions of the Immigration and Nationality Act and make legislative recom- mendations to simplify and clarify such provisions; (6) make semiannual reports to each House of Congress during the period before publication of its final report (described in para- graph ( 7 ) ) ; and Report to (7) make a final report of its findings and recommendations to President and the President and each House of Congress, which report shall be Congress. published not later than September 30,1980. Compensation. (e) (1) The Commission is authorized to appoint and fix the com- pensation of a staff director and such other additional personnel as may be necessary to enable the Commission to carry out its functions without regard to the civil service laws, rules, and regulations. Any Federal employee subject to those laws, rules, and regulations may be detailed to the Commission, and such detail shall be without interrup- tion or loss of civil service status or privilege. (2) Staff members of the Committee on the Judiciary of the Senate or of the Committee on the Judiciary of the House of Representatives may be detailed to serve on the staff of the Commission by the chair- man of the respective committee. Staff members so detailed shall serve on the staff of the Commission without additional compensation except that they may receive such reimbursement of expenses incurred by them as the Commission may authorize.
PUBLIC LAW 95-412—OCT. 5, 1978 92 STAT. 909 (f) The Commission may call upon the head of any Federal depart- ment or agency to furnish information and assistance which the Com- mission deems necessary for the performance of its functions, and the heads of such departments and agencies shall furnish such assistance and information, unless prohibited under law, without reimbursement. (g) The Commission is authorized to make grants and enter into Grants and contracts for the conduct of research and studies which will assist it in contracts, performing its duties under this section. (h) The Commission shall cease to exist upon the filing of its final Tennination. report, except that the Commission may continue to function for up to sixty days thereafter for the purpose of winding up its aflfairs. (i) There is authorized to be appropriated the sum of $700,000 to Appropriation carry out the provisions of this section. authorization. (j) Notwithstanding any other provision of this Act, no payment, or authorization to make payments or to enter into contracts under this Act, shall be effective except to such extent, or in such amounts, as are provided in advance in appropriations Acts. SEC. 5. Notwithstanding any other provision of law, any refugee, not 8 USC1182 note, otherwise eligible for retroactive adjustment of status, who was or is paroled into the United States by the Attorney General pursuant to section 212(d)(5) of the Immigration and Nationality Act before 8 USC 1182. September 30,1980, shall have his status adjusted pursuant to the pro- visions of section 203 (g) and (h) of that Act. 8 USC 1153. Approved October 5, 1978. LEGISLATIVE HISTORY: HOUSE REPORT No. 95-1206 (Comm. on the Judiciary). CONGRESSIONAL RECORD, VoL 124 (1978): July 18, considered and passed House. Sept. 20, considered and passed Senate.