proclaimed by the President, that an error of fact has occurred in such determination or in such proclamation, or (B) in the cases provided for in this subsection. In the case of any change in the territorial limits of quota areas, not requiring a change in the quotas for such areas, the Secretary of State shall, upon recognition of such change, issue appropriate instructions to all consular offices concerning the change in the territorial limits of the quota areas involved. Whenever one or more colonies or other component or dependent areas overseas from the governing country, or one or more quota areas have been subject to a change of administrative arrangements, a change of boundaries, or any other political change, the annual quota of the newly established quota area or the number of visas authorized to be issued under section 202(b), notwithstanding any other provisions of this Act, shall not be less than the sum total of quotas in effect or number of visas authorized for the area immediately preceding the change of administrative arrangements, change of boundaries, or other political change.' SEC. 4. Section 203 of the Immigration and Nationality Act is amended to read as follows:

"ALLOCATION OF IMMIGRANT VISAS WITHIN QUOTAS

"SEC. 203. (a) Immigrant visas to quota immigrants under section 201(a) (2) or (3) shall be allotted in each fiscal year as follows:

**(1) The first 60 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 class specified in paragraph (2), shall be made available for the issuance of immigrant visas first to qualified quota immigrants who are the spouse, children, or parents of an alien lawfully admitted for permanent residence; and any portion of the quota of each quota area for such year available to such immigrants but not required for the issuance of immigrant visas to such immigrants shall be made available for the issuance of immigrant visas (A) to qualified quota immigrants who are the blood relatives of a citizen or of an alien lawfully admitted for permanent residence, through the third degree of consanguinity, and (B) to qualified quota immigrants who are the spouse or children (including adopted children) of any immigrant described in clause (A) if accompanying or following to join him within a period of one year after such immigrant is admitted to the United States for permanent residence.

"(2) The next 40 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 paragraph (1), shall be made available for the issuance of immigrant visas to other qualified quota immigrants chargeable to such quota.

(b) Quota immigrant visas issued to aliens in the classes designated in paragraphs (1) and (2) 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 class in accordance with regulations prescribed by the Secrelary of State.

(c) 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) and second to applications under paragraph (2). "(d) Every immigrant shall be presumed to be a quota immigrant until he stablishes 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 quota immigrant under paragraph (2) of subsection (a) until he establishes to the satisfaction of the consular officer and the immigration officers that he is entitled to a quota status under paragraph (1) of such subsection."

SEC. 5. (a) The heading of section 204 of the Immigration and Nationality Act is amended by striking "OR SECTION 203(a)(1)(A)” and inserting in lieu thereof 101(a)(27)(H)(i)".

(b) The text of section 204 of such Act is amended by striking "section 203(a)(1)(A)" wherever it appears therein and inserting in lieu thereof "“101(a) (27) (H) (1)”.

SEC. 6. Section 205 of the Immigration and Nationality Act is amended to read as follows:

"PROCEDURE FOR GRANTING NONQUOTA OR QUOTA STATUS BY REASON OF

RELATIONSHIP

"SEC. 205. (a) In the case of any alien claiming in his application for an immigrant visa to be entitled to a nonquota immigrant status under section 101(a) (27) (A), or to a quota immigrant status under section 203 (a) (1), the consular officer shall not grant such status until he has been authorized to do so as provided in this section.

"(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 immigrant status under section_101(a)(27)(A), or any alien lawfully admitted for permanent residence claiming that any immigrant is his spouse, child, or parent and that such immigrant is entitled to a quota immigrant status under section 203(a)(1), or any citizen of the United States or any alien lawfully admitted for permanent residence claiming that any immigrant is his relative within the third degree of consanguinity and that such immigrant is entitled to a quota immigrant status under section 203(a)(1)(A), may file a petition with the Attorney General. No petition for nonquota immigrant status in behalf of a child as defined in section 101 (b)(1)(F) shall be approved by the Attorney General unless the petitioner establishes to the satisfaction of the Attorney General that the petitioner and spouse will care for such child properly if he is admitted to the United States, and (i) in the case of a child adopted abroad, that the petitioner and spouse personally saw and observed the child prior to or during the adoption proceedings, and (ii) in the case of a child coming to the United States for adoption, that the petitioner and spouse have complied with the preadoption requirements, if any, of the State of such child's proposed residence. The petition shall be be in such form and shall contain such information and be supported by such documentary evidence as the Attorney General may by regulations prescribe. 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 outside the United States, administered by an immigration officer or a consular officer.

"(c) After an investigation of the facts in each case the Attorney General shall, if he determines the facts stated in the petition are true and that the alien in respect of whom the petition is made is eligible for a nonquota immigrant status under section 101(a) (27) (A) or for a quota immigrant status under section 203(a) (1), approve the petition and forward one copy thereof to the Department of State. Not more than two such petitions may be approved for one petitioner in behalf of a child as defined in section 101(b)(1) (E) or (F) unless necessary to prevent the separation of brothers and sisters. The Secretary of State shall then authorize the consular officer concerned to grant the nonquota immigrant status, or quota immigrant status, as the case may be. Notwithstanding the provisions of this subsection, no petition shall be approved if the alien previously has been accorded, by reason of marriage determined by the Attorney General to have been entered into for the purpose of evading the immigration laws, a nonquota status under section 101(a) (27) (A) as the spouse of a citizen of the United States or of an alien lawfully admitted for permanent residence.

"(d) Nothing in this section shall be construed to entitle an immigrant, in respect of whom a petition under this section is approved, to enter the United States as a nonquota immigrant under section 101(a)(27)(A) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification, or to enter the United States as a quota immigrant under section 203(s) (1) if upon his arrival at a port of entry in the United States he is found not to be entitled to such classification."

SEC. 7. Section 212(a) of the Immigration and Nationality Act is amended by striking, in paragraph (14), the following: "(i) those aliens described in the nonpreference category of section 203 (a) (4), (ii)”.

SEC. 8. Section 201 of the table of contents of the Immigration and Nationality Act is amended to read as follows:

"Sec. 201. Numerical limitations; refugee visas; annual quotas; minimum and maximum quotas."

SEC. 9. Section 204 of the table of contents of the Immigration and Nationality Act is amended to read as follows:

"Sec. 204. Procedure for granting immigrant status under section 101(a) (27) (F) (1) or 101(a) (27) (I) (I).” SEC. 10. Section 205 of the table of contents of the Immigration and Nationality Act is amended to read as follows:

"Sec. 205. Procedure for granting nonquota or quota status by reason of relationship."

SEC. 11. This Act may be cited as the "Immigration and Nationality Act of 1962".

Mr. FEIGHAN. The next witness will be our able colleague from New York, Mr. Reid.

STATEMENT OF HON. OGDEN R. REID, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF NEW YORK

Mr. REID. Thank you very much, Mr. Chairman.

Mr. Chairman, it is a high privilege to have the opportunity of appearing before you and the subcommittee today with regard to my bill H.R. 11837, which provides for a comprehensive revision of our immigration laws.

Mr. Chairman, if you see fit I might ask that my statement be considered as read and I will try and touch on a few of the highlights or I would be happy to read it.

Mr. FEIGHAN. If you would prefer the former course it would be very acceptable.

Our subcommittee and other Members of Congress would be appreciative. We will place H.R. 11837 in the record at the conclusion of your testimony.

Mr. REID. Thank you. If that could be considered read, I will also ask that a section-by-section analysis of the bill, plus some technical changes we have recently made, be included as part of the record.

Mr. FEIGHAN. If you will give that to the clerk the subcommittee will determine where it shall be placed in the hearing record. Mr. REID. Thank you.

(See appendix.)

Mr. REID. Mr. Chairman, the two major points in this bill, as I believe you are aware, with regard to the amending of quotas, are these:

First, that the quotas would be based on actual immigration since 1924, both quota and nonquota; and on immigration covered by all special legislation.

Second, that the unused quotas would be redistributed within four geographical quota pools-Europe, Asia, Africa, and Australasia for use according to the actual demand.

This, in effect, is completely changing the quota system for most countries. I think the changes are overdue. It would take cognizance of the changes in the last 40 years in our country and make possible utilization of unused quotas.

Some of the other points in the bill include the abolishing of all quotas in the Americas, all of the Western Hemisphere would be made. nonquota. This would be of assistance particularly to Trinidad and Jamaica.

The bill doubles minimum quotas from 100 to 200.

Colonies other than in the Western Hemisphere would be put under the parent country for quota purposes.

With regard to preference, parents of U.S. citizens are made nonquota. The fourth preference is given a figure of at least 10 percent, and brothers and sisters of U.S. citizens are explicitly made part of this preference along with parents of resident aliens.

Another major section of the bill deals with the parole of refugees. My bill would provide for at least 15,000 per year or any number that the President might proclaim in an emergency would be necessary. This provision is making the parole and immigration of refugees a matter of permanent law.

It is my understanding that the present law deals explicitly with a certain percentage of what other countries will take in as refugees, something like 25 percent.

Mr. FEIGHAN. Under the so-called fair-share provision?

Mr. REID. Yes, sir.

Another feature of this bill is to liberalize to some extent the naturalization provisions for those who serve in our Armed Forces. Second-class citizenship as between native-born and naturalized Americans is abolished. This places in legislation that principle which the Supreme Court has recently affirmed.

Also, the first preference is changed from "needed urgently" to "especially advantageous." This would help in the cultural field with regard to the immigration of writers, singers, and artists.

The thrust of this bill, I hope, is to update our immigration laws, to change certain aspects of it which I believe are discriminatory, to present a bill which we hope will be conceptually sound, philosophically and morally in tune with the principles of this country, and administratively feasible.

I believe it provides a means of faciliting the union of families, and it takes clear cognizance of the numbers of people who have come to this country and therefore, of course, have members of their family here or other relatives overseas.

Therefore what we are trying to do is to come up with something that is sound in terms of principle, equitable, and administratively feasible.

Also, Mr. Chairman, I would like you to know that I have received major and most able assistance from John W. Hanes, Jr., former Administrator of the Bureau of Security and Consular Affairs, Department of State, in the drafting of this bill. His wide experience with both the legislation in this area and the actual administration of the Bureau of Security and Consular Affairs, along with his knowledge of worldwide refugee matters, has been particularly valuable. Thank you, Mr. Chairman.

Mr. FEIGHAN. Thank you, Mr. Reid.

I take it, then, that you do give a rather high priority to uniting or reuniting families under the provisions of the bill?

Mr. REID. I do. I think it is extremely important not only in terms of reuniting families and for family reasons, but also I think if someone coming to this country has members of his or her family here this automatically means to some extent that they will have a better base, they will have people who will help them, and it seems to me that is a valid criterion and it would give some guarantee that those coming will be well taken care of and will have a place here in this country.

Mr. FEIGHAN. Thank you very much, Mr. Reid.

Mr. REID. Thank you, Mr. Chairman.

I might add, also, that my colleague from New York, Frank Horton, has introduced the same bill. We have worked together on it.

will be most happy to work with the committee in any way you see

fit which would be helpful, and we are deeply appreciative for the opportunity of appearing here this morning.

Mr. FEIGHAN. Thank you.

(Mr. Reid's bill is as follows:)

[H.R. 11837, 88th Cong., 2d Sess.]

A BILL To amend titles I, II, 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 decennial census of population.

(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 the Immigration and Nationality Act Amendments of 1964;

(B) The 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 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 shall 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 fecal 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 therein. (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 immi

grant.

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 ition, 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.