prior to the amendment to the Immigration and Nationality Act which became effective on December 1, 1965, and consequently will not apply to natives of Canada, Mexico, St. Pierre, Miquelon, Cuba, the Dominican Republic, Haiti, Bermuda, the Bahamas, Barbados, Jamaica, the Windward and Leeward Islands, Trinidad, Martinique, and other British, French, and Netherlands territory or possessions in or bordering on the Caribbean Sea. On August 1, 1966, the House of Representatives passed the bill, H.R. 12596, which would afford similar relief by adding a new paragraph (d) to section 245 of the Immigration and Nationality Act to preserve the validity of such applications. Section 3 of the instant bill adopts in substance the style and form of H.R. 12594, 89th Congress, a bill having similar objectives. The bill, H.R. 12594, was the subject of favorable comment by the Department of Justice in its report to the chairman of the Committee on the Judiciary of the House of Representatives dated June 6, 1966. It was also recommended for enactment by the Department of State in its report to the chairman dated June 17, 1966, as being preferable to H.R. 12596. The committee is of the opinion that the substitute language is preferable to the language contained in H. R. 12596, inasmuch as it would amend section 13 of the act of October 3, 1965, and thereby accomplish the desired result without affecting the basic immigration statute. Consistent with the implications contained in the report of the Department of Justice, section 3 also contains explicit language making clear that it is a true savings clause with respect to applications for adjustment of status filed prior to December 1, 1965, by specifying that such applications shall not be affected by or subject to the new requirements of the law which were added to the basic immigration statute by the act of October 3, 1965. Under this language of section 3, the law itself will declare the nonapplicability to such preserved applications of the labor certification requirements of the said act of October 3, 1965. The following Departmental reports were submitted to the Committee on the Judiciary of the House of Representatives with reference to similar legislative proposals considered by the House of Representatives: OFFICE OF THE DEPUTY ATTORNEY GENERAL, Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives, Washington, D.C. DEAR MR. CHAIRMAN: This is in response to your request for the views of the Department of Justice on H. R. 12594, a bill to amend the act of October 3, 1965 (Public Law 89-236). The provisions of section 245 of the Immigration and Nationality Act permitting adjustment of status of a nonimmigrant to that of a person admitted for permanent residence were available to aliens who were natives of Western Hemisphere countries (except an alien who is a native of any country contiguous to the United States (Canada and Mexico) or of any adjacent island (Cuba, Bermuda, etc.)) prior to its amendment by the act of October 3, 1965 (Public Law 89-236). Section 13(b) of Public Law 89-236 amended section 245(c) so as to make ineligible for adjustment of status under section 245 natives of all Western Hemisphere countries. The effective date of this amend ment is December 1, 1965. The bill would amend section 13 of Public Law 89-236 by adding a new subsection (c) providing that the provisions of paragraph (b) of that section shall not apply to an application for adjustment pending before the Attorney General on the effective date of that act. It is noted that in addition to amending section 245, Public Law 89-236 made a number of other changes in the immigration laws. As presently drafted the bill apparently would effect only a modification of the amendment made to section 245. It apparently would not affect application of amendments such as those made by sections 8(a) and 10(a) of Public Law 89-236 relating to determinations and certification required to be made by the Secretary of Labor with respect to the availability of employment in the United States. The bill would have the effect of adding an equitable savings clause in behalf of Western Hemisphere natives whose applications for adjustment of status under section 245 had been filed prior to December 1, 1965, but were not finally acted upon before that date. In so doing. the bill would overcome an administrative decision of the Board of Immigration Appeals (Matter of George, Interim Decision 1533, December 16, 1965) holding that adjustment of status in those circumstances was not available to such persons. The Department of Justice recommends enactment of this legislation. However, it is recommended that one technical amendment be made in the interests of clarity. In order to avoid any possible ambiguity in respect to the meaning of the word "pending" on line 10, which might be construed to include only those applications for adjustment of status upon which some administrative steps or procedures had commenced or had been undertaken, it is suggested that in lieu of the language "pending before the Attorney General on the effective date of this Act" appearing on lines 10 and 11 of the bill there be substituted the following language: "filed with the Attorney General prior to the effective date of this Act". The Bureau of the Budget has advised that there is no objection to the submission of this report from the standpoint of the administration's program. Sincerely, RAMSEY CLARK, Deputy Attorney General. JUNE 17, 1966. Hon. EMANUEL CELLER, Chairman, Committee on the Judiciary, House of Representatives. DEAR MR. CHAIRMAN: I refer to your letter of February 10, 1966. enclosing for the Department's study and report a copy of H.R. 12596, a bill to amend the Immigration and Nationality Act, as amended. The bill is intended to enable aliens who are natives of any country of the Western Hemisphere to pursue an application for change of status from nonimmigrant to immigrant notwithstanding the pro visions to the contrary of section 245(c) of the Immigration and Nationality Act, as amended, if such application was pending before the Attorney General on December 1, 1965. The Department is in sympathy with the objectives of this legislation but, in the interest of clarity, would recommend the passage of H.R. 12594, a bill to amend the act of October 3, 1965 (Public Law 89-236 which would accomplish the same aim without affecting the basic immigration statute. The Bureau of the Budget advises that from the standpoint of the administration's program, there is no objection to the submission of this report for the consideration of the committee. Sincerely yours, DOUGLAS MACARTHUR II, Assistant Secretary for Congressional Relations (For the Secretary of State). The committee, after consideration of all the facts, is of the opinion that the bill (S.3712), as amended, should be enacted. CHANGES IN EXISTING LAW In compliance with subsection 4 of rule XXIX of the Standing Rules of the Senate, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new material is printed in italic, while existing law in which no change is proposed is shown in roman): SECTION 13 OF THE ACT OF OCTOBER 3, 1965 (72 Stat. 699) SEC. 13. Section 245 of the Immigration and Nationality Act (66 Stat. 217; 8 U.S.C. 1255) is amended as follows: (a) Subsection (b) is amended to read: "(b) Upon the approval of an application for adjustment made under subsection (a), the Attorney General shall record the alien's lawful admission for permanent residence as of the date the order of the Attorney General approving the application for the adjustment of status is made, and the Secretary of State shall reduce by one the number of the preference or nonpreference visas authorized to be issued under section 203 (a) within the class to which the alien is chargeable, for the fiscal year then current." (b) Subsection (c) is amended to read: "(c) The provisions of this section shall not be applicable to any alien who is a native of any country of the Western Hemisphere or of any adjacent island named in section 105(b) (5)." (c) Nothing contained in subsection (b) of this section shall be construed to affect the validity of any application for adjustment under section 245 filed with the Attorney General prior to December 1, 1965, which would have been valid on that date; but as to all such applications the statutes or parts of statutes repealed or amended by this Act are, unless otherwise specifically provided therein, continued in force and effect. о Mr. TALMADGE, from the Committee on Agriculture and Forestry, submitted the following REPORT [To accompany S. 688] The Committee on Agriculture and Forestry, to which was referred the bill (S. 688) to amend title III of the Bankhead-Jones Farm Tenant Act, as amended, to provide for additional means and measures for land conservation and land utilization, and for other purposes, having considered the same, reports favorably thereon with amendments and recommends that the bill as amended do pass. SHORT EXPLANATION This bill would amend title III of the Bankhead-Jones Farm Tenant Act to (1) permit the Secretary of Agriculture to cooperate with, and make rural renewal loans under that authority to, "local nonprofit organizations" (now restricted to public agencies); and (2) include the development and protection of recreational facilities among the purposes of rural renewal programs. NEED FOR LEGISLATION At present section 32(e) of the Bankhead-Jones Farm Tenant Act provides for loans to State and local public agencies to carry out programs of land conservation and utilization. The area of jurisdiction of a public agency may not coincide with the area needing development. If the public agency's area is smaller, a comprehensive plan may not be worked out. If larger, the lack of interest in much of the political subdivision may defeat the needed development. In addition, the Department advises informally that some public agencies |