(1) insure that this policy is clearly conveyed to any foreign government imposing travel restrictions on United States citizens; and

(2) seek the elimination, on a mutual and reciprocal basis, of travel restrictions imposed by such government and by the Government of the United States on each other's citizens.

(c) Not later than January 20, 1979, and at intervals of one year thereafter for a period of three years, the Secretary of State shall transmit to the Speaker of the House of Representatives and the chairman of the Committee on Foreign Relations of the Senate a report describing—

(1) domestic travel restrictions then being imposed by the United States Government on citizens of other countries and by foreign governments on United States citizens; and

(2) the progress of efforts undertaken pursuant to subsection (b) to achieve the elimination of such restrictions.

(d) Subsection (a) may not be construed as limiting any restrictions on travel within the United States which are imposed by the United States Government, on a reciprocal basis, with respect to the officials of particular foreign governments.

For the text of the principle regarding travel for personal or professional reasons, under Cooperation in Humanitarian and Other Fields, [chapter] 1— Human Contacts, adopted as part of the Final Act of the Conference on Security and Cooperation in Europe (CSCE), signed Aug. 1, 1975, see the 1975 Digest, p. 192; Dept. of State Bulletin, Vol. LXXIII, No. 1888, Sept. 1, 1975, pp. 323, 339, 340.

Presidential Authority to Regulate

Section 707 of the Foreign Relations Authorization Act, Fiscal Year 1979 (Public Law 95-426, 92 Stat. 963), approved October 7, 1978, amended section 215 of the Immigration and Nationality Act of 1952 (8 U.S.C. 1185) to make permanent the President's authority to regulate the entry of aliens into the United States and to require American citizens to bear valid passports when entering or leaving the United States. The authority stated in section 215 of the Act had been conditioned upon the United States being at war or a national emergency proclaimed by the President. As formerly stated in section 215, the authority lapsed on September 14, 1978, pursuant to section 101 of the National Emergencies Act, Public Law 94-412, September 14, 1976 (90 Stat. 1255; 50 U.S.C. 1601). Section 707 of the Foreign Relations Authorization Act also repealed the criminal penalties for violation of travel controls. Section 707 read:

TRAVEL DOCUMENTATION OF ALIENS AND CITIZENS

SEC. 707. (a) Subsection (a) of section 215 of the Immigration and Nationality Act (8 U.S.C. 1185) is amended by striking out "When the United States" and all that follows through "be unlaw

ful" and inserting in lieu thereof "Unless otherwise ordered by the President, it shall be unlawful".

(b) Subsection (b) of such section is amended to read as follows: "(b) Except as otherwise provided by the President and subject to such limitations and exceptions as the President may authorize and prescribe, it shall be unlawful for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States unless he bears a valid passport."

(c) Subsection (f) of such section is amended by striking out "proclamation," both places it appears.

(d) Such section is further amended by striking out subsection (c) and redesignating subsections (d), (e), (f), and (g) as subsections (c), (d), (e), and (f), respectively.

(e) The heading of such section is amended to read as follows: "TRAVEL DOCUMENTATION OF ALIENS AND CITIZENS".

(f) The item relating to section 215 in the table of contents of the Immigration and Nationality Act is amended to read as follows: "Sec. 215. Travel documentation of aliens and citizens."

Title I, sec. 101 of the National Emergencies Act, ante, provided for the termination of existing declared emergencies. Title II, sec. 202 of the Act, 50 U.S.C. 1622, provided for termination of declarations of future national emergencies. Sec. 212(f) of the Immigration and Nationality Act, 8 U.S.C. 1182(f), authorizes the President to suspend the entry into the United States of any aliens or of any class of aliens, and to impose upon entry of aliens any restrictions he deems appropriate. It provides:

SUSPENSION OF ENTRY OR IMPOSITION OF RESTRICTIONS BY PRESIDENT

(f) Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.

Public Law 95-412, approved October 5, 1978 (92 Stat. 907), made several amendments to the Immigration and Nationality Act, one of which established a single worldwide ceiling of 290,000 immigrants, through combining the existing ceilings of 170,000 immigrant visas for the Eastern Hemisphere and 120,000 for the Western Hemisphere. The amendment, to section 201 (a) of the Immigration and Nationality Act, also included replacement of separate hemispheric quarterly limitations upon issuance of immigrant visas by a single worldwide quarterly limitation of 77,000 for any of the first three quarters of any fiscal year.

(Immediate relatives, defined by section 201 (b) of the Act to include the spouses and children of United States citizens and the parents of United States citizens 21 and over, continue to be exempt from all numerical limitations under the Act, as are special immigrants defined in section 101 (a) (27) of the Act, see, post.) Colonies and dependencies retain their subquotas of 600, but chargeable only to the mother country and to the single ceiling. No change was effected in the total number of immigrants eligible for entry annually, nor in the definitions of preference categories, nor in the percentages of visas allotted to each category. Establishment of a single worldwide ceiling also results in application of the preference system upon a worldwide, rather than upon a hemispheric, basis.

Sections 1 through 3 of Public Law 95-412 follow:

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 of P. L. 95-412 established a Select Committee on Immigration and Refugee Policy; see further, post. Sec. 5 of P. L. 95-412 mandated the adjustment of status, pursuant to sec. 203(g) and (h) of the Immigration and Nationality Act, of any refugee, not otherwise eligible for retroactive adjustment of status, paroled into the United States by the Attorney General under sec. 212 (d) (5) of the Act before Sept. 30, 1980.

Proposed amendments to 8 CFR 235.9 to implement sec. 5 of P.L. 95-412, were published at Fed. Reg., Vol. 43, No. 231, Nov. 30, 1978, pp. 56060-56061. For the amended regulations as finally adopted Mar. 1, 1979, effective Mar. 6, 1979, see ibid., Vol. 44, No. 45, Mar. 6, 1979, pp. 12158–12159.

The report of the House Committee on the Judiciary described the establishment of the single worldwide ceiling as the completion “of a process of immigration reform which began in 1965 with the repeal of the national origins quota system as a method of selecting immigrants" and as endorsement "for the first time since the 1920's . . . [of] the concept of equality under the law for all who wish to come here." H.R. Rept. 95-1206, 95th Cong., 2d sess. (1978), pp. 3, 7. Excerpts follow from background information, which the House report also set out:

BACKGROUND INFORMATION

The worldwide ceiling provided for in this bill represents the third and final step in the elimination from our immigration law of discrimination on the basis of place of origin. The process began with the repeal of the national origins quota system in 1965. For approximately 40 years, beginning in the 1920's, immigration from countries other than those in the Western Hemisphere was regulated by a quota system under which the number of immigrants admissible each year from different countries was based on the number of persons of that national origin present in the United States at a specified date. The quota system was continued in the major recodification of the immigration law enacted as the Immigration and Nationality Act of

1952.

The national origins quota system was eliminated by the 1965 amendments to the Immigration and Nationality Act of 1952, enacted as Public Law 89-236 on October 3, 1965. The 1965 amendments provided for the regulation of immigration from countries in the Eastern Hemisphere by an annual ceiling of 170,000, a 20,000 per-country limit, and a seven-category preference system which gives top priority to family reunification. The 1965 legislation also provided for an annual ceiling of 120,000 on immigration from countries in the Western Hemisphere. Previously, immigration from the Western Hemisphere had been subject to qualitative controls designed to bar undesirable aliens from admission, but had been numerically unrestricted.

Unlike the ceiling on Eastern Hemisphere immigration, the Western Hemisphere ceiling was not accompanied by a preference system or per-country limits. Instead, immigrant visas were available on a first-come, first-served basis, subject only to an annual ceiling of 120,000 and the already existing ground for exclusion set forth in section 212(a) of the Immigration and Nationality Act. In effect, the 1965 amendments created two different immigration systems for the two hemispheres.

The failure to fully integrate the Western Hemisphere ceiling into the immigration law was due largely to the fact that the emphasis of the 1965 legislation and the debates which preceded it was on the

repeal of the national origins quota system, a highly controversial issue at the time. The Congress clearly neither intended nor anticipated the inequities which resulted from disparate treatment of the two hemispheres.

Following imposition of the 120,000 ceiling (which became effective on July 1, 1968) considerable backlogs of intending immigrants from that hemisphere developed. However, without the ceiling, immigration levels would have risen higher than was generally deemed desirable, particularly in view of the public opinion polls indicating widespread opposition to any significant increase in immigration. On the other hand, the development of the backlogs exacerbated the problems caused by the lack of a preference system, since all intending immigrants except those who were numerically exempt by virtue of being immediate relatives of U.S. citizens were required to wait in an ever-growing line and seek admission on a first-come, first-served basis. The backlog eventually reached a total of approximately 300,000 with a waiting period of well over 2 years. This was in marked contrast to the situation in the Eastern Hemisphere, where intending immigrants eligible for entry under one of the preference categories based on family relationship were generally able to enter the United States immediately.

The deteriorating situation in the Western Hemisphere under the 120,000 ceiling was of immediate and immense concern to this committee. In hearings in 1970, committee Chairman Peter W. Rodino, Jr. observed:

"There are some of us who served on this committee when the act of October 3, 1965, was under consideration who realized that that legislation was not the final step in attaining our avowed objective of a fair, equitable, and reasonable immigration policy. Truly, it was a necessary step, a most important step, since it repealed the national origins concept as a system by which immigrants were selected.

"Previously, I stated that changes in our immigration program should be envisaged in three phases: Repeal of the national origins system, amendatory legislation to eliminate the inequities which experience would inevitably show, and finally a worldwide ceiling with a uniform preference system." ("Immigration," 91st Cong., Ser. No. 32, p. 57)

The need for further reform of the immigration law was summed up as follows . . . during hearings in 1973:

"It should be remembered that, with the abolition of the national origins quota system in 1965, Congress endorsed the principles of equity and family reunification as the basis of our immigration policy for the Eastern Hemisphere. It remains the unfinished business, therefore, of this subcommittee and the Congress to extend these principles to the natives of the Western Hemisphere." (H. Rept. No. 94-1553, pp. 4-5)

This next step. . ... was accomplished on October 20, 1976, with the enactment of Public Law 94-571, the Immigration and Nationality Act Amendments of 1976. This legislation extended to the Western Hemisphere, with minor modifications equally applicable