A bill 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.
PL 95-412 (H.R.12443), enacted 10/05/1978

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 
Act, as amended, and to establish a Select Commission on Immigration and 
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) 
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 speci-
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 
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 
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 
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-
tion and Kefugee Policy (hereinafter in this section referred to as the 
"Commission") which shall be composed of— 
(1) four members appointed by the President, one of whom 
shall be designated by the President as Chairman; 
(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, 
Oct. 5, 1978 
[H.R. 12443] 
Immigration and 
Nationality Act, 
amendment. 
8 u s e 1151. 
8 u s e 1101. 
8 u s e 1153. 
8 u s e 1152. 
8 u s e 1153. 
Select 
eommission on 
Immigration and 
Refugee Policy. 
Establishment. 
8 u s e 1151 note. 
39-194 O—80—pt. 1 
61 : QL3 
92 STAT. 908 
PUBLIC LAW 95-412—OCT. 5, 1978 
5 use 5701 
et seq. 
Study and 
evaluation.^ 
Recommendations 
to President and 
Congress. 
8 u s e 1101 
note. 
Report to 
President and 
Congress. 
Compensation. 
when away from his usual place of residence, in accordance with chap-
ter 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 resi-
dence, in accordance with chapter 57 of title 5, United States Code. 
(c) It 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 recommenda-
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 
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; 
(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 
(7) make 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. 
(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.