To amend the Immigration and Nationality Act to provide more effectively for immigration and passport security, 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 Passport Security Act." TRANSFER OF FUNCTIONS INCIDENT TO ISSUANCE OF SEC. 2. (a) The Attorney General shall have all powers, duties, and functions heretofore exercised by the Secretary of State under the Immigration and Nationality Act with respect to the issuance and revocation of visas, except that the Secretary of State shall continue to exercise such powers, duties, and functions with respect to diplomatic visas and visas issued to individuals who are duly designated representatives of any foreign state in any international organization as defined in subparagraphs (A), (B), and (C) of paragraph (15) of section 101 (a) of such Act (8 U. S. C. 1101). The powers, duties, and functions heretofore exercised by consular officers under that Act, including their authority to administer oaths incident to the issuance of visas, hereafter shall be exercised by visa officers of the Immigration and Naturalization Service subject to the direction and supervision of the Attorney General. (b) Paragraph (9) of section 101 (a) of the Immigration and Nationality Act (8 U. S. C. 1101 (a)) is amended to read as follows: "(9) The term 'visa officer' means any officer of the Immigration and Naturalization Service designated by the Attorney General, under regulations prescribed by him under authority conferred by this Act and by section 2 (a) of the Immigration and Passport Security Act, to serve in any foreign state, the Canal Zone, or any outlying possession of the United States, for the purpose of issuing immigrant or nonimmigrant visas." (c) This section shall take effect on the first day of the sixth month beginning after the date of enactment of this Act. DENIAL OF ADMISSION TO NATIONALS OF FOREIGN STATES REFUSING TO ACCEPT DEPORTEES SEC. 3. Section 212 of such Act (8 U. S. C. 1182) is amended by adding at the end thereof the following new subsection: "(f) During any period in which any foreign state declines to accept for admission any national of that state who is under final order of deportation from the United States, no immigrant or nonimmigrant visa (other than a diplomatic visa or a visa issued to any duly designated representative of a foreign state as defined in subparagraphs (A), (B), and (C) of paragraph (15) of section 101 (a)) may be issued to, and no bonded transit may be authorized in conformity with section 238 for, any national of that foreign state." DETENTION AND SUPERVISION OF DEPORTEES SEC. 4. (a) Section 242 (c) of such Act (8 U. S. C. 1252) is amended by inserting, immediately after the third sentence thereof, the following new sentence: "Whenever any such alien has violated any requirement or restraint imposed upon him under the third sentence of subsection (d), and the Attorney General determines that the national security requires the detention of that alien, such alien may be returned to custody under the warrant by which proceedings for deportation were initiated against him, and may be detained until his deportation can be effected." (b) Section 242 (d) of such Act (8 U. S. C. 1252 (d)) is amended by inserting therein, immediately after the second sentence thereof, the following new sentence: "Any such alien shall, for the purpose of insuring that he will not engage in any subversive activity or maintain any subversive association pending eventual deportation, be subject to such requirements and such restraints upon his conduct and associations as the Attorney General shall prescribe in his case." REPORTS ON CERTAIN WAIVERS SEC. 5. Section 212 of such Act (8 U. S. C. 1182) is amended by adding at the end thereof the following new subsection: "(g) In January of each year the Attorney General shall transmit to the Congress a report which shall (1) state the number of waivers which have been granted during the preceding calendar year under paragraph (4) of subsection (d), and (2) describe the circumstances under which each such waiver was granted. No such report shall include any intelligence or information the public disclosure of which would, in the opinion of the Attorney General, adversely affect the national security." CENTRAL INDEX OF ALIENS SEC. 6. Section 290 (a) of such Act (8 U. S. C. 1360) is amended by adding at the end thereof the following new sentence: "There shall not be included in such index the names of aliens lawfully entering, or who have lawfully entered, the United States pursuant to any provision of law permitting their entry without the issuance of visas or other travel documents." REVOCATION OF NATURALIZATION SEC. 7. Section 340 (a) of such Act (8 U. S. C. 1451) is amended by: (1) striking out, in the first sentence thereof, the words “upon affidavit showing good cause therefor", and inserting in lieu thereof the words "upon their own initiative or upon the filing with them of an affidavit showing good cause therefor"; and (2) adding at the end thereof the following new sentence: "The complaint in any proceeding instituted under this section shall be sworn to by the United States Attorney filing it." PASSPORT SECURITY SEC. 8. (a) Section 215 of the Immigration and Nationality Act (8 U. S. C. 1185) is amended by striking out (1) in subsection (a), the words "the United States is at war or during the existence of any national emergency proclaimed by the Presi dent, or, as to aliens, whenever there exists a state of war between or among two or more States, and"; and (2) in the section caption, the words "IN TIME OF WAR OR NATIONAL EMERGENCY". (b) Section 215 (b) of such Act is amended to read as follows: "(b) After any proclamation has been made and published as provided for in subsection (a), and while such proclamation is in force, it shall, except as otherwise provided by the President, and subject to such limitations and exceptions as the President may authorize and prescribe, be unlawful for any citizen of the United States to “(1) depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid passport; “(2) travel to any country in which his passport is declared to be invalid; or “(3) refuse to surrender upon demand any passport issued to him which has been lawfully revoked." (c) Subsections (c), (d), (e), (f), and (g) of section 215 of such Act are hereby redesignated as subsections (f), (g), (h), (i), and (j) respectively. (d) Section 215 of such Act is amended by inserting, immediately after subsection (b) thereof, the following new subsections: "(c) If there is in effect any requirement, prescribed or authorized by law, for the procurement of a passport for any travel, no application made by any individual for the issuance of such passport may be granted, and each passport previously issued shall be revoked, unless the issuance or use of such passport is authorized under subsection (e), whenever there is reasonable ground to believe that the applicant, or holder of a previously issued passport, is going abroad or traveling abroad for the purpose of engaging in activities which will further the aims and objectives of any party, group, or association which has been found by the Congress of the United States, or any agency or officer of the United States duly authorized by the Congress for that purpose "(1) to seek to alter the form of Government of the United States by force or violence, or other unconstitutional means; or "(2) to have been organized or utilized for the purpose of advancing the aims or objectives of the Communist movement; or “(3) to have been organized or utilized for the purpose of establishing any form of dictatorship in the United States or any form of international dictatorship; or "(4) to have been organized or utilized by any foreign government, or by any foreign party, group or association acting in the interest of any foreign government, for the purpose of (A) espionage, or (B) sabotage, or (C) obtaining information relating to the defense of the United States or the protection of the national security, or (D) hampering, hindering, or delaying the production of defense materials; or "(5) to be affiliated with, or to act in concert with, or to be dominated or controlled by, any party, group, or association of the character described in paragraph (1), (2), (3), or (4), above. Nothing in this subsection shall be construed to alter or limit the authority of the Secretary of State to deny any application for the issuance of a passport, or to revoke a previously issued passport, on any ground other than the ground described in this subsection. “(d) In determining, for the purposes of subsection (c), whether there is reasonable ground for belief that any individual is going abroad or traveling abroad for any such purpose, consideration may be given to activities and associations of that individual of one or more of the following categories: "(1) membership in any party, group, or association described in subsection (c); or "(2) prior membership in any party, group, or association described in subsection (c), if the termination of such membership was under circumstances warranting the conclusion that the applicant continues to act in furtherance of the interests of such party, group, or association; or "(3) present or past activities which further the aims and objec tives of any such party, group, or association, under circumstances warranting the conclusion that he engages or has engaged in such activities as a result of direction, domination, or control exercised over him by such party, group, or association, or otherwise continues to act in furtherance of the interests of such party, group, or association; or "(4) activities continued consistently over a prolonged period of time which indicate that he has adhered to the doctrine of any such party, group, or association, as such doctrine is expressed in the actions and writings of such party, group, or association on a variety of issues, including shifts and changes in the doctrinal line of such party, group, or association; or "(5) any other conduct which tends to support the belief that the applicant is going abroad or traveling abroad for such purpose. "(e) A passport may be issued to or held by any individual, notwithstanding the provisions of subsection (c), whenever personally directed by the Secretary of State for reasons deemed by him to be strictly in the public interest." (e) Section 301 of such Act (8 U. S. C. 1401) is amended by adding at the end thereof the following new subsection: "(d) Whenever any person is born outside of the United States and its outlying possessions, and under subsection (a) such person is a citizen of the United States at birth, the birth of that person shall be registered with a consular officer in the country in which that person was born within such time and under such regulations as shall be prescribed by the Secretary of State. If such registration is not made within the time so prescribed, it shall be presumed in the absence of proof to the contrary, for the purposes of any proceeding arising under or involving any right established by this Act, that such person is not a citizen of the United States by birth. This subsection shall take effect on the day six months after the date of its enactment." (f) Nothing in any amendment made by this section shall be construed to alter or amend any provision of the Subversive Activities Control Act, as amended. |