Volume 92 · 907
Public Law 95–412
To amend section 201(a), 202(c) and 203(a) of the Immigration and Nationality Act, as amended, and to establish a Select Commission on Immigration and Refugee Policy.
Approved October 5, 1978
Statutory text
An Act
To amend section 201(a), 202(c) and 203(a) of the Immigration and Nationality Act, as amended, and to establish a Select Commission on Immigration and Refugee Policy.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
That section 201 (a) of the Immigration and Nationality Act is amended to read as follows:
“Sec. 201.
(a) Exclusive of special immigrants defined in section 101 (a)(27), and immediate relatives of United States citizens as specified 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
three quarters of any fiscal year exceed a total of seventy-seven thousand 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
amended to read as follows:
“(c) Any immigrant born in a colony or other component or dependent 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
amended to delete “201(a)(1) or (2)” each place it appears in paragraphs one through seven and by substituting in lieu thereof “201 (a)”.
Sec. 4.
There is established a Select Commission on Immigration
Select Commission on Immigration and Refugee Policy.
Establishment.
and Refugee Policy (hereinafter in this section referred to as the “Commission”) which shall be composed of—
four members appointed by the President, one of whom shall be designated by the President as Chairman;
the Secretary of State, the Attorney General, the Secretary of Labor, and the Secretary of Health, Education, and Welfare;
four members appointed by the Speaker of the House of Representatives from the membership of the House Committee on the Judiciary; and
four members appointed by the President pro tempore of the Senate from the membership of the Senate Committee on the Judiciary.
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.
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, when away from his usual place of residence, in accordance with chapter
57 of title 5, United States Code. Each member of the Commission 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 residence, in accordance with chapter 57 of title 5, United States Code.
It
Study and evaluation.
Recommendations to President and Congress.
shall be the duty of the Commission to study and evaluate, in accordance with subsection (d), existing laws, policies, and procedures governing the admission of immigrants and refugees to the United States and to make such administrative and legislative recommendations to the President and to the Congress as are appropriate.
In particular, the Commission shall—
conduct a study and analysis of the effect of the provisions of the
Immigration and Nationality Act (and administrative 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;
conduct a study and analysis of whether and to what extent the Immigration and Nationality Act should apply to the Commonwealth of Puerto Rico, the Virgin Islands, Guam, American Samoa, the Northern Mariana Islands, and the other territories and possessions of the United States;
review, and make recommendations with respect to the numerical limitations (and exemptions therefrom) of the Immigration and Nationality Act on the admission of permanent resident aliens;
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;
conduct a comprehensive review of the provisions of the Immigration and Nationality Act and make legislative recommendations to simplify and clarify such provisions;
make semiannual reports to each House of Congress during the period before publication of its final report (described in paragraph (7)); and
make
Report to President and Congress.
a final report of its findings and recommendations to the President and each House of Congress, which report shall be published not later than September 30, 1980.
The
Compensation.
Commission is authorized to appoint and fix the compensation 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 interruption or loss of civil service status or privilege.
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 chairman 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.
The Commission may call upon the head of any Federal department or agency to furnish information and assistance which the Commission 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.
The Commission is authorized to make grants and enter into
Grants and contracts.
contracts for the conduct of research and studies which will assist it in performing its duties under this section.
The Commission shall cease to exist upon the filing of its final
Termination.
report, except that the Commission may continue to function for up to sixty days thereafter for the purpose of winding up its affairs.
There is authorized to be appropriated the sum of $700,000 to
Appropriation authorization.
carry out the provisions of this section.
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
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
September 30, 1980, shall have his status adjusted pursuant to the provisions of section 203 (g) and (h) of that Act.
Approved October 5, 1978.