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Immigration and Naturalization (1 of 13)
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John Roberts' Subject Files
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Ronald Reagan Presidential Library
Digital Library Collections
This is a PDF of a folder from our textual collections.
Collection: Roberts, John G.: Files
Folder Title: Immigration and Naturalization
(1 of 13)
Box: 27
To see more digitized collections visit:
https://reaganlibrary.gov/archives/digital-library
To see all Ronald Reagan Presidential Library inventories visit:
https://reaganlibrary.gov/document-collection
Contact a reference archivist at: [email protected]
Citation Guidelines: https://reaganlibrary.gov/citing
National Archives Catalogue: https://catalog.archives.gov/
WITHDRAWAL SHEET
Ronald Reagan Library
Collection: ROBERTS, JOHN G.: Files
Archivist: kdb/srj
File Folder: Immigration & Naturalization [1] OA12662
Date: 2/9/98
12660
DOCUMENT
SUBJECT/TITLE
DATE
RESTRICTION
NO. AND TYPE
1. letter
Mother Teresa to President Reagan re: visas. 1p.,
12/14/85
P6 B6
partial.
2. list
missionaries of charity pending visa renewals in 1986.
n.d.
P6 B6
1p.
RESTRICTION CODES
Presidential Records Act [44 U.S.C. 2204(a)]
Freedom of Information Act [5 U.S.C. 552(b)]
P-1 National security classified information [(a)(1) of the PRA].
F-1 National security classified information [(b)(1) of the FOIA].
P-2 Relating to appointment to Federal office [(a)(2) of the PRA].
F-2 Release could disclose internal personnel rules and practices of an agency [(b)(2) of the
P-3 Release would violate a Federal statute [(a)(3) of the PRA].
FOIA].
P-4 Release would disclose trade secrets or confidential commercial or financial information
F-3 Release would violate a Federal statue [(b)(3) of the FOIA].
[(a)(4) of the PRA].
F-4 Release would disclose trade secrets or confidential commercial or financial information
P-5 Release would disclose confidential advice between the President and his advisors, or
[(b)(4) of the FOIA].
between such advisors [(a)(5) of the PRA].
F-6 Release would constitute a clearly unwarranted invasion of personal privacy [(b)(6) of the
P-6 Release would constitute a clearly unwarranted invasion of personal privacy [(a)(6) of
FOIA].
the PRA].
F-7 Release would disclose information compiled for law enforcement purposes ((b)(7) of
the FOIA].
C. Closed in accordance with restrictions contained in donor's deed of gift.
F-8 Release would disclose information concerning the regulation of financial institutions
[(b)(8) of the FOIA].
F-9 Release would disclose geological or geophysical information concerning wells [(b)(9) of
the FOIA].
THE WHITE HOUSE
WASHINGTON
April 11, 1986
MEMORANDUM FOR MAURICE C. INMAN, JR.
GENERAL COUNSEL
IMMIGRATION AND NATURALIZATION SERVICE
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Request for Executive Order to Enable
Foreign-Born Spouses of CARE's Overseas
Personnel to Become Eligible for Citizenship
In the attached correspondence, the General Counsel of CARE
requests that the President issue an Executive Order pursuant to
8 U.S.C. § 1430 (b) to permit the foreign-born spouses of CARE
overseas personnel to become eligible for citizenship. I note
from the attachments that you have had previous dealings with
the correspondent on the issue. I gather from those attachments
that it is your view that CARE does not meet the first of the
two requirements of 8 U.S.C. § 1480 (b), since it is not an
international organization in which the United States
participates pursuant to treaty or statute. If this legal
interpretation is correct, the President could not issue the
requested Executive Order.
Please provide us with a recommendation on responding to
Ms. Winnick's request for an Executive Order.
373364
ID #.
CU
WHITE HOUSE
IM
=
CORRESPONDENCE TRACKING WORKSHEET
o . OUTGOING
H . INTERNAL
1. . INCOMING
IR
Date Correspondence
Received (YY/MM/DD)
/
1
Name of Correspondent: Pamela winnick
MI Mail Report
User Codes: (A)
(B)
(C)
Subject: Request far executive order to
enable fareign born spouses of care's
overseas personnel to become eligible
for citizenship
ACTION
DISPOSITION
ROUTE TO:
Tracking
Type
Completion
Action
Date
of
Date
Office/Agency
(Staff Name)
Code
YY/MM/DD
Response
Code
YY/MM/DD
CUHOLL
ORIGINATOR 86,01,13
/ I
Referral Note:
Cuat18
I
86,01,14
will
5 86101124
Referral Note:
/
/
/ /
Referral Note:
/ /
/
/
Referral Note:
/ /
/
/
Referral Note:
ACTION CODES:
DISPOSITION CODES:
A Appropriate Action
I Info Copy Only/No Action Necessary
A Answered
C Completed
C . Comment/Recommendation
R Direct Reply w/Copy
B - Non-Special Referral
S Suspended
D. Draft Response
S For Signature
F - - Furnish Fact Sheet
X . Interim Reply
to be used as Enclosure
FOR OUTGOING CORRESPONDENCE:
Type of Response = Initials of Signer
Code = "A"
Completion Date = Date of Outgoing
Comments:
Keep this worksheet attached to the original incoming letter.
Send all routing updates to Central Reference (Room 75, OEOB).
Always return completed correspondence record to Central Files.
Refer questions about the correspondence tracking system to Central Reference, ext. 2590.
5/81
CARE
660 First Avenue
New York, NY 10016
(212) 686-3110
Cable: PARCELUS NY
Pamela R. Winnick, General Counsel
January 8, 1986
Fred F. Fielding, Esquire
Counsel to the President
373364 cu
of the United States
The White House
Washington, D.C. 20500
Dear Mr. Fielding:
I am writing most respectfully to request an
executive order pursuant to 8 U.S.C. Section 1430 (b)
to enable foreign-born spouses of our overseas
personnel to become eligible for citizenship.
Title 8, Section 1430 (b) grants an exemption from
the residency requirements of the immigration laws for
spouses of United States citizens employed by "public
international organization[s] in which the United
States participates by treaty or statute". It is the
position of the Immigration and Naturalization Service
that, although we fit within the statutory definition,
we nevertheless require an executive order pursuant to
the Privileges and Immunities Act, 22 U.S.C. Section
288 et seq. This position is one only recently taken
by I.N.S.; in earlier years, CARE spouses were
routinely accorded the exemption. Although we
strenuously disagree with I.N.S. and believe that its
reading of the statute places an additional and
unnecessary strain on your office, we appear to have
been left little choice in the matter.
To begin with, let me emphasize that we do not
seek the whole range of immunities conferred by 22
U.S.C. Section 288a. We seek only an exemption from
the residency requirements of the immigration laws for
the spouses of our U.S. citizen employees. We believe
that we are clearly entitled to such an exemption
under the applicable statute and that such an
exemption is fully consistent with the policies
underlying the immigration laws.
First, we submit that CARE is clearly a "public
international organization in which the United States
participates by treaty or statute" within the meaning
of both 8 U.S.C. Section 1430 (b) and 22 U.S.C. Section
Fred F. Fielding, Esq.
January 8, 1986
Page 2
288. CARE is one of the largest private voluntary
organizations in the world, with operations in
thirty-six countries and an annual budget in excess of
$350 million. Since the enactment of the Agricultural
Trade Development and Assistance Act of 1954, Public
Law 480 (the text of which is enclosed), the bulk of
our work is done with the support of the United States
Government, primarily in the form of food commodities
and ocean freight costs donated by the Agency for
International Development (U.S.A.I.D.). In our 1985
fiscal year alone, the value of these food commodities
and ocean freight costs was close to $240 million.
When combined with an additional $20 million in other
United States government grants, this accounted for
close to 75% of our annual budget.
As agents of the government in the contribution of
food overseas, CARE helps to bolster the economy of
United States farmers and their suppliers. At the
same time, in both emergency relief (for example,
Mexico, Columbia and Ethiopia) and long-term
development, our work helps to alleviate hunger
worldwide and promote good will towards the United
States Government and donors. Indeed, for this the
White House itself has honored us. Last October,
President Reagan, recognizing our outstanding
achievement in the alleviation of world hunger,
presented CARE with the Presidential World Without
Hunger Award; Mrs. Reagan has recently agreed to serve
as Honorary Chairperson of our fortieth anniversary
celebration.
Finally, we would also note that the issue before
you is one of deep concern to our employees and their
spouses who, because of service overseas, are unable
to accumulate the necessary physical residency in this
country. It is precisely the inequity created by the
enforced absence of persons serving the interests of
the United States overseas that Congress sought to
rectify in the statute. See Petition of Gray, 369 F.
Supp. 1049, 1051 (S.D. Miss. 1973). We think that the
spouses of such persons serving the humanitarian
interests of our country -- often with some financial
and personal hardship -- should not have to forsake
the privileges of citizenship as well.
Fred F. Fielding
January 8, 1986
Page 3
Insofar as such persons would otherwise be qualified
for citizenship by virtue of their marriage to a
United States citizen, we do not see any circumvention
of the basic policies underlying the immigration laws.
Enclosed for your review are copies of CARE's 1985
Annual Report, Public Law 480 and correspondence with
I.N.S. Needless to say, your prompt attention to this
pressing issue is deeply appreciated.
I will be calling your office for an appointment
to discuss this matter in person. In the meantime,
please do not hesitate to contact me.
Pamela Respectfully Name
Pamela R. Winnick
General Counsel
PRW/jl
Enclosure
OF
U.S. Department of Justice
Immigration and Naturalization Service
Office of the General Counsel
425 Eye Street N.W.
Washington, D.C. 20536
AUG 0 1 1985
Ms. Pamela R. Winnick
General Counsel
CARE
660 First Avenue
New York, New York 10016
Dear Ms. Winnick:
This is in response to your letter of June 21, 1985, regarding the
eligibility of spouses of overseas CARE employees for naturaliza-
tion benefits under 8 U.S.C. § 1430 (b). As you are aware, CARE is
not among those organizations listed in 8 C.F.R. § 316a.4 that
receive naturalization benefits found in 8 C.F.R. § 1430 (b). As
stated in this regulation, only those organizations provided for in
the International Organizations Immunity Act, 22 U.S.C. § 288
(1945), are considered as "public international organizations" for
the purposes of 8 U.S.C. § 1430 (b). The International Organizations
Immunities Act defines "international organization" as follows:
A public international organization in which
the United States participates pursuant to any
treaty or under the authority of any Act of
Congress authorizing such participation or
making an appropriation for such participation,
and which shall have been designated by the
President through appropriate Executive order
as being entitled to enjoy the priviliges,
exemptions, and immunities provided in this
subchapter. (emphasis added) 22 U.S.C. § 288.
Although CARE (as well as many other international organizations)
receives money from the United States government, it does not fall
within this narrow definition of "international organization."
There is no treaty or statute "in which the United States partici-
pates" with CARE nor has CARE been designated by the President
through an Executive Immunities Order as an organization entitled
to receive the privilages of the Act.
-2-
I hope this information has further clarified why spouses of overseas
CARE employees will not be found eligible for naturalization benefits
under 8 U.S.C. $ 1430 (b). If you have any questions, please let us
know.
Sincerely,
Maurice C. Inman, Jr.
General Counsel
U.S. Department of Justice
Immigration and Naturalization Service
Office of the Deputy General Counsel
425 Eye Street N.W.
Washington, D.C. 20536
MAY 9 1985
Ms. Pamela R. Winnick
General Counsel
CARE
660 First Avenue
New York, New York
Dear Ms. Winnick:
This is in response to our phone conversation and your letter
of April 3, 1985, regarding the eligibility of spouses' of overseas
CARE employees for naturalization benefits under 8 U.S.C. $1430 (b).
As you are aware, CARE is not among those organizations listed in 8
C.F.R. 316a.4 that quality as a "public international organization
in which the United States participates by treaty or statute, ...",
8 U.S.C. $1430 (b). Although CARE (as well as many other inter-
national organizations) receives money from the United States
government and acts as an agent of the United States, it does not
fall within the narrow scope of 8 U.S.C. $1430 (b) because there is
no treaty or statute "in which the United States participates" with
CARE.
Should you want to pursue this matter further, I suggest that
you contact your congressman about introducing private legislation.
I hope this information has clarified why CARE is outside the
parameters of 8 U.S.C. $1430 (b). If you have any questions, please
let us know.
Sincerely,
Paulet Paul W. Schmidt
Deputy General Counsel
TRANS. MEMO NO.
EFFECTIVE DATE
PAGE NO.
AID HANDBOOK 9, App B(1)
9:5
January 19, 1981
B(1)-1
As amended through December 31, 1979 Annotation of related legislation included. Originally
enacted July 10, 1954 (68 Stat. 454)
Agricultural Trade Development and Assistance Act of 1954, as Amended
Public Law 480 - 83d Congress
AN ACT
To increase the consumption of United States agricultural commodities in
foreign countries, to improve the foreign relations of the United States, 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
"Agricultural Trade Development and Assistance Act of 1954."¹
*Preamble
SEC. 2. The Congress hereby declares it to be the policy of the United
States to expand international trade; to develop and expand export markets
for United States agricultural commodities; to use the abundant agricul-
tural productivity of the United States to combat hunger and malnutrition
and to encourage economic development in the developing countries, with
particular emphasis on assistance to those countries that are determined to
improve their own agricultural production; and to promote in other ways
the foreign policy of the United States.
In furnishing food aid under this Act, the President shall-
(1) give priority consideration, in helping to meet urgent food needs
General
abroad², to making available the maximum feasible volume of food com-
Criteria
for
modities (with appropriate regard to domestic price and supply situa-
PL 480
tions) required by those countries most seriously affected by food shorta-
gaes and by inability to meet immediate food requirements on a normal
commercial basis;
(2) continue to urge all traditional and potential new donors of food,
fertilizer, or the means of financing these commodities to increase
their participation in efforts to address the emergency and longer term
food needs of the developing world;
(3) relate United States assistance to efforts by aid-receiving coun-
tries to increase their own agricultural production, with emphasis on
development of small, family farm agriculture, and improve their facil-
ities for transportation, storage, and distribution of food commodities;
(4) give special consideration to the potential for expanding markets
for America's agricultural abundance abroad in the allocation of com-
modities or concessional financing; and
(5) give appropriate recognition to and support of a strong and viable
American farm economy in providing for the food security of consu-
mers in the United States and throughout the world.³ (7 USC 1691.)
TRANS. MEMO NO.
EFFECTIVE DATE
PAGE NO.
AID HANDBOOK 9, App B(1)
9:6
January 19, 1981
B(1)-3
SEC. 103
(c) take reasonable precautions to safeguard usual marketings of the
Usual
United States and to assure that sales under this title will not unduly
Marketing
Require-
disrupt world prices of agricultural commodities or normal patterns of
ments
commercial trade with friendly countries;
(also see)
103 N
(d) make sales agreements only with those countries which he deter-
Friendly
mines to be friendly to the United States: Provided, That the President
Countries
Definition
shall periodically review the status of those countries which are eligible
under this subsection and report the results of such review to the
Congress. As used in this Act, "friendly country" shall not include (1)
any country or area dominated or controlled by a foreign government or
organization controlling a world Communist movement, or (2) for the
purpose only of sales of agricultural commodities for foreign currencies
under title I of this Act, any country or area dominated by a Communist
government. 10 Notwithstanding any other Act, the President may enter
into agreements for the sale of agricultural commodities for dollars on
credit terms under title I of this Act with countries which fall within the
definition of "friendly country" for the purpose of such sales and no sales
Military
under this Act shall be made with any country if the President finds
Aggressor
such country is (a) an aggressor, in a military sense, against any country
having diplomatic relations with the United States, or (b) using funds, of
any sort, from the United States for purposes inimical to the foreign poli-
cies of the United States;¹
(e) take appropriate steps to assure that private trade channels are
Private
used to the maximum extent practicable both with respect to sales from
Trade
Channels
privately owned stocks and with respect to sales from stocks owned by
the Commodity Credit Corporation and that small business has adequate
and fair opportunity to participate in sales made under the authority of
this Act;
(f) give consideration to the development and expansion of markets for
Expansion
United States agricultural commodities and local foodstuffs by increasing
of
Markets
the effective demand for agricultural commodities through the support of
measures to stimulate equitable economic growth in recipient countries,
with appropriate emphasis on developing more adequate storage, han-
dling, and food distribution facilities;¹²
(g) obtain commitments from purchasing countries that will prevent
Export
resale or transhipment to other countries, or use for other than domestic
Limi-
tations
purposes, of agricultural commodities purchased under this title, without
specific approval of the President;
(h) obtain rates of exchange applicable to the sale of commodities
Rates
under such agreements which are not less favorable than the highest of
of
exchange rates legally obtainable in the respective countries and which
Exchange
are not less favorable than the highest of exchange rates obtainable by
any other nation;
(i) promote progess toward assurance of an adequate food supply by en-
couraging countries with which agreements are made to give higher em-
phasis to the production of food crops than to the production of such non-
food crops as are in world surplus;
(j) exercise the authority contained in title I of this Act to assist
Commun-
friendly countries to be independent of domination or control by any
ist Move-
ment
3
TRANS. MEMO NO.
EFFECTIVE DATE
PAGE NO.
AID HANDBOOK 9, App B(1)
9:6
January 19, 1981
B(1)-5
SEC. 104
organizations to use the foreign currencies, including principal and interest
from loan repayments, which accrue in connection with sales for foreign
currencies under this title for one or more of the following purposes:1
(a) For payment of United States obligations (including obligations en-
U.S.
tered into pursuant to other legislation);
uses
(b) For carrying out programs of United States Government agencies
to-
(1) help develop new markets¹⁸ for United States agricultural com-
Market
modities on a mutually benefitting basis. From sale proceeds and loan
Develop
ment
repayments under this title not less than the equivalent of 5 per cen-
tum of the total sales made each year under this title shall be set aside
in the amounts and kinds of foreign currencies specified by the Secre-
tary of Agriculture and made available in advance for use as provided
by this paragraph over such period of years as the Secretary of Agricul-
ture determines will most effectively carry out the purpose of this
paragraph: Provided, That the Secretary of Agriculture may release
such amounts of the foriegn currencies so set aside as he determines
cannot be effectively used for agricultural market development pur-
poses under this section, except that no release shall be made until the
expiration of thirty days following the date on which notice of such
proposed release is transmitted by the President to the Senate Commit-
tee on Agriculture and Forestry and the Senate Committee on Foreign
Relations and to the House Committee on Agriculture and the House
Committee on International Relations if transmitted while Congress is
in session, or sixty days following the date of transmittal if transmit-
ted while Congress is not in session. 19 Provision shall be made in sale
and loan agreements for the convertibility of such amount of the
proceeds thereof (not less than 2 per centum) as the Secretary of Agri-
culture determines to be needed to carry out the purpose of this para-
graph in those countries which are or offer reasonable potential of
Special
becoming dollar markets for United States agricultural commodities.
Account
Such sums shall be converted into the types and kinds of foreign
currencies as the Secretary deems necessary to carry out the provisions
of this paragraph and such sums shall be deposited to a special
Treasury account and shall not be made available or expended except
for carrying out the provisions of this paragraph. Notwithstanding any
other provision of law, if sufficient foreign currencies for carrying out
the purpose of this paragraph in such countries are not otherwise
available, the Secretary of Agriculture is authorized and directed to
enter into agreements with such countries for the sale of agricultural
commodities in such amounts as the Secretary of Agriculture deter-
mines to be adequate and for the use of the proceeds to carry out the
purpose of this paragraph. In carrying out agricultural market develop-
ment activities, nonprofit agricultural trade organizations shall be util-
ized to the maximum extent practicable. The purpose of this paragraph
shall include such representation of agricultural industries as may be
required during the course of discussions on trade programs relating ei.
ther to individual commodities or groups of commodities;
5
TRANS. MEMO NO.
EFFECTIVE DATE
PAGE NO.
AID HANDBOOK 9, App B(1)
9:6
January 19, 1981
B(1)-7
SEC. 104(e)
wise increasing the consumption of, and markets for, United States agri-
cultural products: Provided, however, That no such loans shall be made for
the manufacture of any products intended to be exported to the United
States in competition with products produced in the United States and
due consideration shall be given to the continued expansion of markets
for United States agricultural commodities or the products thereof.
Foreign currencies may be accepted in repayment of such loans;
(f) To promote multilateral trade and agricultural and other economic
Promotion
development, under procedures, established by the President, by loans or
of Multi-
lateral
by use in any other manner which the President may determine to be in
Trade
the national interest of the United States, particularly to assist programs
and
Economic
of recipient countries designed to promote, increase, or improve food pro-
Develop-
duction, processing, distribution, or marketing in food deficit countries
ment
friendly to the United States, for which purpose the President may util-
ize to the extent practicable the services of nonprofit voluntary agencies
registered with and approved by the Agency for International Develop-
ment:24 Provided, That no such funds may be utilized to promote reli-
gious activities;
(g) For the purchase of goods or services for other friendly countries;
(h) For financing, at the request of such country, programs emphasiz-
Family
ing maternal welfare, child health and nutrition, and activities, where
Planning
participation is voluntary, related to the problems of population growth,
under procedures established by the President through any agency of the
Popula-
United States, or through any local agency which he determines is quali-
tion
Control
fied to administer such activities. Not less than 5 per centum of the to-
tal sales proceeds received each year shall, if requested by the foreign
country, be used for voluntary programs to control population growth;
(i) For paying, to the maximum extent practicable, the costs outside
the United States of carrying out the program authorized in Section 406
of this Act;
(j) For sale for dollars to United States citizens and nonprofit organiza-
Sale
tions for travel or other purposes of currencies determined to be in excess
of Foreign
(excess)
of the needs of departments and agencies of the United States for such
Currencies
currencies. The United States dollars received from the sale of such
to U.S.
Citizens
foreign currencies shall be deposited to the account of Commodity Credit
Corporation; and
(k) For paying, to the maximum extent practicable, the costs of carry-
ing out programs for the control of rodents, insects, weeds, and other an-
imal or plant pests;2
Provided, That-
(1) Section 1415 of the Supplemental Appropriation Act, 1953,27 shall
apply to currencies used for the purposes specified in subsections (a)
and (b), and in the case of currencies to be used for the purposes speci-
fied in paragraph (2) of subsection (b) the Appropriation Act may
specifically authorize the use of such currencies and shall not require
the appropriation of dollars for the purchase of such currencies.²⁸
7
TRANS. MEMO NO.
EFFECTIVE DATE
PAGE NO.
AID HANDBOOK 9, App B(1)
9:6
January 19, 1981
B(1)-9
SEC. 104(k)(4)
mittee on International Relations²⁹ of such determination; and shall
thereafter report to each such committee as often as may be necessary
to keep such Committee advised as the extent of such excess, the pur-
poses for which it is used, or proposed to be used, and the effects of
such use. (7 USC 1704.)
Special
SEC. 105. Foreign currencies received pursuant to this Act shall be depo-
Account
sited in a special account to the credit of the United States and shall be
used only pursuant to Section 104, and any department or agency of the
Government using any of such currencies for a purpose for which funds
have been appropriated shall reimburse the Commodity Credit Corporation
in an amount equivalent to the dollar value of the currencies used. The
President shall utilize foreign currencies received pursuant to this Act in
such manner as will, to the maximum extent possible reduce any deficit in
the balance of payments of the United States. (7 USC 1705.)
Dollar
SEC. 106. (a) Payment by any friendly country for commodities pur-
Credit
chased for dollars on credit shall be upon terms as favorable to the United
Sales
And
States as the economy of such country will permit. Payment for such com-
Terms
modities shall be in dollars with interest at such rates as the Secretary
may determine but not less than the minimum rate required by Section
122 (b)³⁰ of the Foreign Assistance Act of 1961 for loans made under that
section. 31 Payment may be made in reasonable annual amounts over
periods of not to exceed twenty years from the date of the last delivery of
commodities in each calendar year under the agreement, except that the
date for beginning such annual payment may be deferred for a period not
later than two years after such date of last delivery, and interest shall be
computed from the date of such last delivery. Delivery of such commodities
shall be made in annual installments for not more than ten years following
the date of the sales agreement and subject to the availability of the com-
modities at the time delivery is to be made.
(b) (1) Agreements hereunder for the sale of agricultural commodities for
Use of
dollars on credit terms shall include provisions to assure that the proceeds
Sales
Proceeds
from the sale of the commodities in the recipient country are used for such
Provision
economic development purposes as are agreed upon in the sales agreement
or any amendment thereto. In negotiating such agreements with recipient
countries, the United States shall emphasize the use of such proceeds for
purposes which directly improve the lives of the poorest of their people and
their capacity to participate in the development of their countries.
(2) Greatest emphasis shall be placed on the use of such proceeds to car-
Self-Help
ry out programs of agricultural development, rural development, nutrition,
and population planning, and to carry out the program described in Section
406(a) (1) of this Act in those countries which are undertaking self-help
measures to increase agricultural production, improve storage, transporta-
tion, and distribution of commodities, and reduce population growth in ac-
cordance with Section 109 of this Act and which programs are directed at
and likely to achieve the policy objectives of Sections 103 and 104 of the
Foreign Assistance Act of 1961 and are consistent with the policy objec-
9
TRANS. MEMO NO.
EFFECTIVE DATE
PAGE NO.
AID HANDBOOK 9, App B(1)
9:6
January 19, 1981
B(1)-11
SEC. 107 (a)
Act, the authority provided in this section for making dollar sales shall be
used to the maximum extent practicable.
(b) In carrying out the provisions of this section, the Secretary shall take
PTE
reasonable precautions to safeguard usual marketings of the United States
Usual
Marketing
and to avoid displacing any sales of United States agricultural commodities
Require-
which the Secretary finds and determines would otherwise be made for
ments
cash dollars.
(c) The Secretary shall obtain commitments from purchasers that will
Export
prevent resale or transshipment to other countries, or use for other than
Limita-
tions
domestic purposes, of agricultural commodities purchased under this sec-
tion.
(d) In carrying out this Act, the provisions of Sections 102, 103(a),
103(d), 103(e), 103(f), 103(j), 103(k), 110, 401, 402, 403, 404, 405, 407, 408,
and 409 shall be applicable to sales under this section.' (7 USC 1707.)
Ocean
SEC. 108. The Commodity Credit Corporation may finance ocean freight
Trans-
charges incurred pursuant to agreements for sales for foreign currencies
portation
(other than those providing for conversion to dollars as described in Section
103(b) of this Act) entered into hereunder only to the extent that such
charges are higher (than would otherwise be the case) by reason of a re-
quirement that the commodities be transported in United States-flag
vessels.³⁴ Such agreements shall require the balance of such charges for
transportation in United States vessels to be paid in dollars by the nations
or organizations with whom such agreements are entered into.³ (7 USC
1708.)
SEC. 109. (a) Before entering into agreements with developing countries
Self-Help
Require-
for the sale of United States agricultural commodities on whatever terms,
ments
the President shall consider the extent to which the recipient country is
undertaking wherever practicable self-help measures to increase per capita
production and improve the means for storage and distribution of agricul-
tural commodities, including:
(1) devoting land resources to the production of needed food rather than
to the production of nonfood crops-especially nonfood crops in world
surplus;
(2) development of the agricultural chemical, farm machinery and equip-
ment, transportation and other necessary industries through private enter-
prise;
(3) training and instructing farmers in agricultural methods and tech-
niques;
(4) constructing adequate storage facilities;
(5) improving marketing and distribution systems;
(6) creating a favorable environment for private enterprise and invest-
ment, both domestic and foreign, and utilizing available technical know-
how;
(7) establishing and maintaining Government policies to insure adequate
incentives to producers;
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SEC. 111.
terion and which are affected by inability to secure sufficient food for their
immediate requirements through their own production or commercial pur-
chase from abroad which results from significantly changed circumstances
occurring after the initial allocation shall not constitute a violation of the
requirements of this section. Any reallocation of food aid shall be in accor-
dance with this section so far as practicable. The President shall report
promptly any such reduction, and the reasons therefor, to the Congress.³ (7
USC 1711.)
Human
SEC. 112.40 (a) No agreement may be entered into under this title to fi-
Rights
nance the sale of agricultural commodities to the government of any coun-
try which engages in a consistent pattern of gross violations of internation-
ally recognized human rights, including torture or cruel, inhuman, or de-
grading treatment or punishment, prolonged detention without charges, or
other flagrant denial of the right to life, liberty, and the security of person,
unless such agreement will directly benefit the needy people in such coun-
try. An agreement will not directly benefit the needy people in the country
for purposes of the preceding sentence unless either the commodities them-
selves or the proceeds from their sale will be used for specific projects or
programs which the President determines would directly benefit the needy
people of that country. The agreement shall specify how the projects or pro-
grams will be used to benefit the needy people and shall require a report to
the President on such use within 6 months after the commodities are
delivered to the recipient country.
(b) To assist in determining whether the requirements of Subsection (a)
Informa-
are being met, the Committee on Agriculture, Nutrition, and Forestry of
tion to
the Senate or the Committee on International Relations of the House of
Congres-
sional
Representatives may require the President to submit in writing informa-
Committees
tion demonstrating that an agreement will directly benefit the needy peo-
ple in a country.
(c) In determining whether or not a government falls within the provi-
sions of Subsection (a), consideration shall be given to the extent of
cooperation of such government in permitting an unimpeded investigation
of alleged violations of internationally recognized human rights by ap-
propriate international organizations, including the International Commit-
tee of the Red Cross, or groups or persons acting under the authority of the
United Nations or of the Organization of American States.
(d) The President shall transmit to the Speaker of the House of Repre-
Presi-
sentatives, the President of the Senate, and the Committee on Agriculture,
dential
Nutrition, and Forestry of the Senate, in the annual presentation materials
Report
on planned programing of assistance under this Act, a full and complete re-
port regarding the steps he has taken to carry out the provisions of this
section. (7 USC 1712.)
SEC. 113.41 In the allocation of funds made available under this title,
Priority
to Food
priority shall be given to financing the sale of food and fiber commodities.
& Fiber
(7 USC 1713.)
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SEC. 115(b)
commodities or ocean transportation financed under this title for a period
of five years. (7 USC 1715.)
TITLE II⁴⁴
Authority
SEC. 201.44 (a) The President is authorized to determine requirements
and furnish agricultural commodities, on behalf of the people of the United
States of America, to meet famine or other urgent or extraordinary relief
requirement; to combat malnutrition, especially in children; to promote
economic and community development in friendly developing areas; and for
needy persons and nonprofit school lunch and preschool feeding programs
outside the United States. The Commodity Credit Corporation shall make
available to the President such45 agricultural commodities determined to be
available under Section 401 as he may request.
(b)44 The minimum quantity of agricultural commodities distributed
Minimum
under this title-(1) for fiscal years 1978 through 1980 shall be 1,600,000
Tonnage
Require
metric tons, of which not less than 1,300,000 metric tons shall be distribut-
ments
ed through nonprofit agencies and the World Food Program; (2) for fiscal
year 1981 shall be 1,650,000 metric tons, of which not less than 1,350,000
metric tons shall be distributed through nonprofit voluntary agencies and
the World Food Program; and (3) for fiscal year 1982 and each fiscal year
thereafter shall be 1,700,000 metric tons, of which not less than 1,400,000
metric tons shall be distributed through nonprofit voluntary
agencies and the World Food Program; unless the President determines
Waiver
of Mini-
and reports to the Congress, together with his reasons, that such quantity
mum ton-
cannot be used effectively to carry out the purposes of this title: Provided,
nage require
ments
That such minimum quantity shall not exceed the total quantity of commo-
dities determined to be available for disposition under this Act pursuant to
Section 401, less the quantity of commodities required to meet famine or
other urgent or extraordinary relief requirements. (7 USC 1721.)
SEC. 202.(a) The President may furnish commodities for the purposes set
Designa-
tion of
forth in Section 201 through such friendly governments and such agencies,
Sponsors
private or public, including intergovernmental organizations such as the
World Food Program and other multilateral organizations in such manner
and upon such terms and conditions as he deems appropriate. The Presi-
Use of
dent shall, to the extent practicable, utilize nonprofit voluntary agencies
Foreign
Vol.
registered with, and approved by, the Agency for International Develop-
Agencies
ment. If no United States nonprofit voluntary agency registered with and
approved by the Agency for International Development⁴⁷ is available, the
President may utilize a foreign nonprofit voluntary agency which is re-
gistered with and approved by the Agency for International Development.⁴⁷
Publicity
Insofar as practicable, all commodities furnished hereunder shall be clearly
and
identified by appropriate marking on each package or container in the
Marking
language of the locality where they are distributed as being furnished by
the people of the United States of America. Except in the case of emergen-
15
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SEC. 204
the personnel and administrative costs of cooperating sponsors, distributing
agencies, and recipient agencies, and the costs of construction or mainte-
nance of any church owned or operated edifice or any other edifices to be
used for sectarian purposes) designed to assure that commodities made
available under this title are used to carry out effectively the purposes for
which such commodities are made available or to promote community and
other self-help activities designed to alleviate the causes of the need for
such assistance: Provided, however, That such funds shall be used only to
supplement and not substitute for funds normally available for such pur-
poses from other non-United States Government sources. (7 USC 1724.)
Use
SEC. 205. It is the sense of the Congress that the President should en-
of
courage other advanced nations to make increased contributions for the
World
Food
purpose of combating world hunger and malnutrition, particularly through
Program
the expansion of international food and agricultural assistance programs. It
is further the sense of the Congress that as a means of achieving this ob-
jective, the United States should work for the expansion of the United Na-
tions World Food Program beyond its present established goals. (7 USC
1725.)
SEC. 206.54 Except to meet famine or other urgent or extraordinary relief
Neediest
Individ-
requirements, no assistance under this title shall be provided under an
uais
agreement permitting generation of foreign currency proceeds unless (1)
the country receiving the assistance is undertaking self-help measures in
accordance with Section 109 of this Act, (2) the specific uses to which the
foreign currencies are to be put are set forth in a written agreement
between the United States and the recipient country, and (3) such agree-
ment provides that the currencies will be used for (A) alleviating the
causes of the need for the assistance in accordance with the purposes and
policies specified in Section 103 of the Foreign Assistance Act of 1961, or
(B) programs and projects to increase the effectiveness of food distribution
and increase the availability of food commodities provided under this title
to the neediest individuals in recipient countries. The President shall in-
clude information on currencies used in accordance with this section in the
reports required under Section 408 of this Act and Section 657 of the
Foreign Assistance Act of 1961. 55 (7 USC 1726.)
TITLE III⁵⁶, 58
SEC. 301. (a) In order to establish a strong relationship between United
Authority
States food assistance and efforts by developing countries to increase the
availablity of food for the poor in such countries and improve in other ways
the quality of their lives, the President is authorized to encourage the use
of the resources provided by the concessional financing of agricultural com-
modities under this Act for agricultural and rural development, including
voluntary family planning, health, and nutrition programs, by permitting
the funds accruing from the local sale of such commodities or the dollar
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SEC. 302
Minimum
(c) (1) Except as provided in paragraph (2) of this subsection, the aggre-
Program-
gate value of all agreements entered into under this title-
ing
Require-
(A) for fiscal year 1978, shall be not less than 5 percent.
ments
(B) for fiscal year 1979, shall be not less than 10 percent, and
(C) for fiscal year 1980 and each fiscal year thereafter, shall be not
less than 15 percent, of the aggregatge value of all agreements entered
into under title I of this Act for such fiscal year.
(2) The President may waive the requirement of paragraph (1) of this
President-
subsection with respect to a fiscal year if he determines that there are an
ial Waiver
insufficient number of agricultural and rural development projects which
qualify for assistance under this title and that therefore the humanitarian
purposes of this Act would be better served by furnishing financing under
other provisions of this Act. Any such waiver shall be reported to the
Congress, together with a detailed statement of the reasons for the lack of
acceptable projects and a detailed description of efforts by the United
States Government to assist eligible countries, pursuant to Section 303(a),
in identifying appropriate projects for assistance under this title.
(3) Greatest efforts shall be made by relevant United States agencies to
Maximum
encourage maximum utilization of assistance for Food for Development pro-
Effort
for Food
jects under this title, even beyond the minimums required by paragraph (1)
for
of this subsection.
Develop-
ment
(4) In developing and carrying out Food for Development Programs under
Projects
this title, consideration shall be given to using the capability and expertise
of American agriculture, in partnership with indigenous individuals and or-
ganizations in furthering economic development and increased food produc-
tion.60 (7 USC 1727a.)
Plans
SEC. 303. (a) A country designated as eligible and wishing to participate
for Food
in a Food for Development Program shall formulate, with the assistance (if
for
Develop-
requested) of the United States Government, a multiyear proposal which
ment
shall be submitted to the President. Such proposal shall include an annual
Projects
value or amount of agricultural commodities proposed to be financed under
the authority of title I of this Act pursuant to the provisions of this title,
and a plan for the intended uses of commodities or the funds generated
from the sale of such commodities, on an annual basis.61 Such proposal
shall also specify the nature and magnitude of problems to be affected by
the efforts, and shall present targets in quantified terms, insofar as possi-
ble, and a description of the relationships among the various projects, ac-
tivities, or programs to be supported.
(b) The multiyear utilization proposal for a Food for Development Pro-
Multi-
gram shall include, but not be limited to, a statement of how assistance
Year
under such Program will be integrated into and complement that country's
Program-
ing
overall development plans and other forms of bilateral and multilateral
development assistance including assistance made available under Section
103 of the Foreign Assistance Act of 1961 or under any other title of this
Act.
(c) In his review of any utilization proposal for a Food for Development
Program, the President shall be satisfied that such assistance is intended
to complement, but not replace, assistance authorized by the Foreign Assis-
tance Act of 1961, or any other program of bilateral or multilateral assis-
19
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SEC. 305(b)
greater than the amount of the annual repayment obligation which that
country would have to meet for that fiscal year under the agreement but
for the disbursements in accordance with the Food for Development Pro-
gram, then the disbursements which are in excess of the amount of that
annual repayment obligation may, to the extent provided in the agreement,
be considered as payments with respect to the annual repayment obliga-
tions of that country for that fiscal year under other financing agreements
under this Act.63 (7 USC 1727d.)
(c) When agricultural commodities made available under this title are
used by the participating country in development projects in accordance
with the applicable Food for Development Program, the dollar sales value
of such commodities shall be applied, in accordance with Subsections (a)
and (b) of this section, against repayment obligations of that country under
this Act, with the value of the commodities so used being deemed to be dis-
bursements made at the time of such use.⁶⁵ (7 USC 1727d.)
SEC. 306. Not more than one year after the initial delivery of commodi-
Reporting
ties to any country under this title and each year thereafter for the period
of agreement, the government of the participating country, with the assis-
tance (if requested) of the United States Government, shall submit a
comprehensive report to the President on the activities and progress
achieved under the Food for Development Program for such country, in-
cluding, but not limited to, a comparsion of results with projected targets,
a detailed description of how the commodities were used or⁶⁶ a specific ac-
counting for funds generated, their uses, and the outstanding balances at
the end of the most recent fiscal year. Such annual report may also in-
clude recommendations for modification and improvement in the Food for
Development Program of such country. (7 USC 1727e.)
Presi-
SEC. 307. (a) Each year the President shall review all agreements provid-
dential
ing for the use under this title of the proceeds from the sale of agricultural
Review
Annual
commodities, or of the commodities themselves, with respect to which there
Report
was not full disbursement during the preceding fiscal year.6 The results of
such review shall be included in the annual report to the Congress required
under Section 408(a) of this Act.
(b) If the President finds that the provisions of an agreement are not be-
ing substantially met, he shall not extend financing for sales under this ti-
tle until the end of the following fiscal year or until the situation is
remedied, whichever occurs first, unless the failure to meet the provisions
is due to unusual circumstances beyond the control of the recipient govern-
ment. (7 USC 1727f.)
SEC. 308. [This section contains an amendment to Section 407 of the
Agricultural Act of 1949, authorizing the Commodity Credit Corporation to
make commodities available to relieve distress.]
SEC. 309. [This section contains a revision of Section 416 of the Agricul-
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9,
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B(1)
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SEC. 401 (a)
quirements, farm and consumer price levels, commercial exports, and ade-
quate carryover, the Secretary of Agriculture shall determine the agricul-
tural commodities and quantities thereof available for disposition under
this Act, and the commodities and quantities thereof which may be includ-
Waiver
ed in the negotiations with each country. No commodity shall be available
For Human
for disposition under this Act if such disposition would reduce the domestic
itarian
Purposes
supply of such commodity below that needed to meet domestic require-
ments, adequate carrover, and anticipated exports for dollars as determined
by the Secretary of Agriculture at the time of exportation of such commo-
dity, unless the Secretary of Agriculture determines that some part of the
supply thereof should be used to carry out urgent humanitarian purposes of
this Act.71,72 (7 USC 1731.)
(b) No agricultural commodity may be financed or otherwise made avail-
Belimon
able under the authority of this Act except upon a determination by the
Amend
Storage
Secretary of Agriculture that (1) adequate storage facilities are available
and Disin-
in the recipient country at the time of exportation of the commodity to
centive
prevent the spoilage or waste of the commodity, and (2) the distribution of
the commodity in the recipient country will not result in a substantial
disincentive to or interference with73 domestic production or marketing⁷³ in
that country. (7 USC 1731.)
Definition
SEC. 402. The term "agricultural commodity" as used in this Act shall
of Agri-
include any agricultural commodity produced in the United States or pro-
cultural
Commodities
duct thereof produced in the United States: Provided, however, That the
term "agricultural commodity" shall not include alcoholic beverages, and
for the purposes of title II of this Act, tobacco or products thereof. The
foregoing provision shall not be construed as prohibiting respesentatives of
the domestic wine or beer74 industry from participating in market develop-
ment activities carried out with foreign currencies made available under ti-
tle I of this Act which have as their purpose the expansion of export sales
Priority
of United States agricultural commodities.75 Subject to the availability of
to Food
appropriations therefor, any domestically produced fishery product may be
and Fiber
made available under this Act. In the allocation of funds made available
under title I of this Act, priority shall be given to financing the sale of food
and fiber commodities.76 (7 USC 1732.)
SEC. 403.(a)⁷⁷ There are hereby authorized to be appropriated such sums
Approp-
riations
as may be necessary to carry out this Act including such amounts as may
be required to make payments to the Commodity Credit Corporation. to the
extent the Commodity Credit Corporation is not reimbursed under Sections
104(j) and 105, for its actual costs incurred or to be incurred. In presenting
his budget, the President shall classify expenditures under this Act as ex-
penditures for international affairs and finance rather than for agriculture
and agricultural resources.
(b) Notwithstanding any other provisions of law, in determining the
Reimburse
reimbursement due the Commodity Credit Corporation for all costs incurred
ment to
CCC at
under this Act, commodities from the Commodity Credit Corporation inven-
Export
tory, which were acquired under a domestic price support program. shall be
Market
Value
23
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SEC. 406(a)(3)
tries and in the training of farmers of such developing countries within
the United States or abroad;
(4) To conduct research in tropical and subtropical agriculture for the
improvement and development of tropical and subtropical food products
for dissemination and cultivation in friendly countries;
(5) To coordinate the program authorized in this section with other
foreign assistance activities of the United States;
(6) To establish by such rules and regulations as he deems necessary
the conditions for eligibility and retention in and dismissal from the pro-
gram established in this section, together with the terms, length and na-
ture of service, compensation, employee status, oaths of office, and secu-
rity clearances, and such persons shall be entitled to the benefits and
subject to the responsibilities applicable to persons serving in the Peace
Corps pursuant to the provisions of Section 612, volume 75 of the Sta-
tutes at Large, as amended; and
(7) To the maximum extent practicable, to pay the costs of such pro-
gram through the use of foreign currencies accruing from the sale of
agricultural commodities under this Act, as provided in Section 104(i).
(b) There are hereby authorized to be appropriated not to exceed
$33,000,000 during any fiscal year for the purpose of carrying out the pro-
visions of this section. (7 USC 1736.)
Advisory
SEC. 407. There is hereby established an Advisory Committee composed
Committee
of the Secretary of State, the Secretary of the Treasury, the Secretary of
Agriculture, the Director of the Bureau of the Budget,81 the Administrator
of the Agency for International Development, the chairman and the rank-
ing minority member of both the House Committee on Agriculture and the
House Committee on Foreign Affairs, and the chairman and the ranking
minority member of both the Senate Committee on Agriculture and Fores-
try and the Senate Committee on Foreign Relations, or their designees
(who shall be members of such committes or, in the case of members from
the Executive Branch, who shall have been confirmed by the Senate). The
Advisory Committee shall survey the general policies relating to the ad-
ministration of the Act, including the manner of implementing the self-
help provisions, the uses to be made of foreign currencies which accrue in
connection with sales for foreign currencies under title I, the amount of
currencies to be reserved in sales agreements for loans to private industry
under Section 104(e), rates of exchange, interest rates, and the terms under
which dollar credit sales are made, and shall advise the President with
respect thereto. The Advisory Committee shall meet not less four times
during each calendar year at the call of the Acting Chairman of such Com-
mittee who shall preside in the following order: The chairman of the House
Committee on Agriculture, the chairman of the Senate Committee on
Foreign Relations, the chairman of the Senate Committee on Agriculture
and Forestry, and the chairman of the House Committee on Foreign Af-
fairs.82 (7 USC 1736a.)
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SEC. 410
ed governmental Acts affecting property owned by United States citizens),
shall be applicable to assistance provided under title I of this Act. (7 USC
1736d.)
North
SEC. 411. No agricultural commodities shall be sold under title I or title
Vietnam
III or donated under title II of this Act to North Vietnam, unless by an Act
Prohibi-
tion
of Congress enacted subsequent to July 1,1973, assistance to North Viet-
nam is specifically authorized.⁸ (7 USC 1736e.)
Inter-
SEC. 412. The President is authorized and encouraged to seek interna-
national
tional agreement, subject to congressional approval, for a system of food
Food
Reserves
reserves to meet food shortage emergencies and to provide insurance
against unexpected shortfalls in food production, with costs of such a sys-
tem to be equitably shared among nations and with farmers and consumers
to be given firm safeguards against market price disruption from such a
system.8 (7 USC 1736f.)
Multi-
SEC. 413. In order to best meet the humanitarian and developmental
Year
purposes of this Act, commodities provided under this Act for developmen-
Avail-
ability
tal purposes shall be made available, to the maximum extent practicable,
on a multiyear basis when necessary for the most effective accomplishment
of these purposes.⁹ (7 USC 1736g.)
APPENDIX
Following is a list of citations to Public Law 480 and all the amendments
thereto:
Public Law 83-480(S.2475),68 Stat.454, July 10, 1954, as amended by
Public Law 84-25 (S. 752),69 Stat.44, April 25, 1955; Public Law 84-387
(S.2253), 69 Stat. 721, August 12, 1955; Public Law 84-540 (H.R. 10875), 70
Stat. 188, May 28,1956; Public Law 84-962 (S. 3903), 70 Stat. 988, August
3, 1956; Public Law 84-726 (H.R. 11356) 70 Stat. 555, July 18, 1956; Public
Law 85-128(S.1314), 71 Stat. 345, August 13, 1957; Public Law 85-141, (S.
2130), 71 Stat.355, August 14, 1957; Public Law 85-477 (H.R. 12181), 72
Stat. 261, June 30, 1958; Public Law 85-931 (S. 3420), 72 Stat.1790, Sep-
tember 6, 1958; Public Law 86-108, (H.R. 7500), 73 Stat.246, July 24, 1959;
Public Law 86-341 (H.R. 8609), 73 Stat. 606, September 21, 1959; Public
Law 86-472 (H.R. 11510), 74 Stat. 140, May 14, 1960; Public Law 87-28 (S.
1027), 75 Stat. 64, May 4, 1961; Public Law 87-128 (S. 1643), 75 Stat. 294,
August 8, 1961; Public Law 87-195 (S. 1983), 75 Stat. 424, September 4,
1961; Public Law 87-703 (H.R. 12391), 76 Stat. 605, September 27, 1962;
Public Law 87-839 (S. 3389), 76 Stat. 1074, October 18, 1962; Public Law
88-205 (H.R. 7885), 77 Stat. 379, December 16, 1963; Public Law 88-638 (S.
2687), 78 Stat. 1035, October 8, 1964; Public Law 89-106 (H.R. 5508), 79
Stat. 431, August 4, 1965; Public Law 89-171 (H.R. 7750), 79 Stat. 662,
September 6, 1965; Public Law 89-808 (H.R. 14929), 80 Stat. 1526, No-
vember 11, 1966; Public Law 90-436 (S. 2986), 82 Stat. 450, July 29, 1968;
27
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SEC. 1210(c)
en or intends to take as a result of such report, and recommendations, if
any, for legislative changes." (7 USC 1691 note.)
EFFECTIVENESS OF FOOD ASSISTANCE IN MEETING
BASIC FOOD NEEDS
Effective
SEC. 201. The Congress finds that food assistance provided by the United
Food
States to developing countries under title I of the Agricultural Trade
Aid
Report To
Development and Assistance Act of 1954 often is distributed within those
Congress
countries in ways which do not significantly alleviate hunger and malnu-
trition in those countries. In order to determine how United States food as-
sistance can be more effectively used to meet the food needs of the poor in
developing countries, the President shall submit to the Congress not later
than February 1, 1979, a report (1) explaining why food assistance provided
to developing countries under title I of the Agricultural Trade Development
and Assistance Act of 1954 is not more successful in meeting the food
needs of those suffering from hunger and malnutrition, and (2) recommend-
ing steps which could be taken (including increasing the proportion of food
assistance which is furnished under titles II and III of that Act) to in-
crease the effectiveness of food assistance under that Act in meeting those
needs. (7 USC 1711 note.)
29
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SEC. 495G
amounts otherwise available for such purposes, there is authorized to be appropriated
for purposes of this section $25,000,000 for the fiscal year 1980, which amount is au-
thorized to remain available until expended. Assistance under this section shall be
provided in accordance with the policies and general authorities contained in Section
491.
SEC. 2. Priority shall be given to furnishing agricultural commodities under the
Agricultural Trade Development and Assistance Act of 1954 to countries in the
Caribbean in order to assist in alleviating the human suffering caused by the recent
hurricanes in that region.
4Section 603 of the Foreign Assistance Act of 1961, Pub. Law 87-195,75 Stat. 439,
as amended (22 USC 2353), provides that "The ocean transportation between foreign
countries of commodities and defense articles purchased with foreign currencies
made available or derived from funds made available under this Act or the
Agricultural Trade Development and Assistance Act of 1954, as amended (7 USC
1691 et seq.), and transfers of fresh fruit and products thereof under this Act, shall
not be governed by the provisions of Section 901(b) of the Merchant Marine Act of
1936, as amended (46 USC 1241), or any other law relating to the ocean transporta-
tion of commodities on United States flag vessels."
Section 3 of Pub. Law 962, 84th Congress, 70 Stat. 988, August 3, 1956, provides
that Sales of fresh fruit and the products thereof under title I of the Act shall be
exempt from the requirements of the cargo preference laws (Public Resolution
7,Seventy-third Congress (15 USC 616a) and Section 901 (b) of the Merchant Ma-
rine Act,1936, (46 USC 1241(b))."
For the text of the Cargo Preference Act, Pub. Law 83-664,68 Stat. 832, as amend-
ed, 75 Stat. 565 (46 USC 1241), and Section 901(b) of the Merchant Marine Act of
1936, 68 Stat. 832, (46 USC 1241(b)). see note 34.
⁵Certain provisos in Section 102 were added by Pub.Law 90-436,82 Stat. 451, July
29, 1968 and repealed by Pub. Law 95-88,91 Stat. 545, August 3, 1977. Section 102
was also amended by Pub. Law 95-113,91 Stat. 955, September 29, 1977, to provide
that CCC, when requested, may serve as purchasing or shipping agent, or both.
6Section 103(a) was amended by Pub. Law 94-161, 89 Stat. 851, Dec. 20, 1975 to
include specific examples of "Self-Reliance".
Section 122 of the Foreign Assistance Act of 1961, as amended (22 USC 2151t),
provides in part that "The President is authorized to make loans payable as to prin-
cipal and interest in United States dollars on such terms and conditions as he may
determine, in order to promote the economic development of countries and areas,
with emphasis upon assisting long-range plans and programs designed to develop
economic resources and increase production capacities." In 80 doing he must take cer-
tain factors into account. Funds, however,sh not be loaned at a rate of in-
terest of less than 3 per centum per annum commencing not later than ten years fol-
lowing the date on which the funds are initially made available under the loan, dur-
ing which ten-year period the rate of interest shall not be lower than 2 per centum
per annum. Currently, the maximum term for loans under this Act is 40 years
with a grace period of not to exceed 10 years. Section 102 (b) (2) (B) of Public Law
95-424, 92 Stat.941, October 6, 1978 Substituted Section "122" for "201".
This proviso was amended and the last sentence added by Public Law 90-436, 82
Stat. 450, July 29, 1968.
Section 103(b) was amended by Pub. Law 94-161,89 Stat. 851, December 20, 1975
by inserting "and Section 106(b) (2) immediately after 'of Section 104". Section
193(b) was further amended by Pub. Law 95-88,91 Stat. 551, August 3, 1977 by
deleting "Section 106(b) (2)" and inserting in lieu thereof title III.
10Section 103(d) was amended by Pub. Law 95-88,91 Stat. 545, August 3, 1977 by
Trade
Restric-
deleting the (1) Communist, North Vietnam and Cuba restriction (2) the United
tions
31
TRANS. MEMO NO.
EFFECTIVE DATE
AID HANDBOOK 9, App B(1)
PAGE NO.
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B(1)-33
SEC. 620
"(t) No assistance shall be furnished under this or any other Act, and no sales
Diplo-
shall be made under the Agricultural Trade Development and Assistance Act of
matic
1954, in or to any country which has severed or hereafter severs diplomatic relations
Relations
Require-
with the United States or with which the United States has severed or hereafter sev-
ment
ers diplomatic relations, unless (1) diplomatic relations have been resumed with such
country and (2) agreements for the furnishing of such assistance or the making of
such sales, as the case may be, have been negotiated and entered into after the
resumption of diplomatic relations with such country." (22 USC 2370(t).)
Section 481 of the Foreign Assistance Act of 1961, which was added by Section 109
of the Foreign Assistance Act of 1971 (22 USC 2291), prohibits the furnishing of as-
sistance under that or any other Act and the making of sales under title I of the
Agricultural Trade Development and Assistance Act of 1954 with respect to any
country which the President determines has not taken adequate steps to carry out
the purposes of that section directed to the control of illicit production, trafficking in
and, abuse of dangerous drugs.
Section 639 of the Foreign Assistance Act of 1961, as amended, provides that "No
provision of this Act shall be construed to prohibit assistance to any country for fam-
ine or disaster relief." (22 USC 2399.)
¹²The language of 103(f) was amended by Section 201 of Public Law 96-53, 93
Stat. 368, August 14, 1979 to read as shown in the text, and replaced the following:
"(f) give special consideration to the development and expansion of foreign mark-
Expansion
ets for United States agricultural commodities, with appropriate emphasis on more
Develop-
adequate storage, handling. and food distribution facilities as well as long-term
ment
Foreign
development of new and expanding markets by encouraging economic growth;"
Markets
¹³The last paragraph of Section 102(a) of the Foreign Assistance Act of 1961, as
Diplometic
amended by Pub. Law 90-137,81 Stat. 459, reads as follows:
Relations
"It is further the sense of the Congress that in any case in which any foreign coun-
try has severed diplomatic relations with the United States, the President should
suspend assistance to such country under this or any other Act, including any pro-
gram designed to complement assistance under this Act (such as sales of agricultural
commodities under the Agricultural Trade Development and Assistance Act of 1954).
When diplomatic relations are resumed, a further study should be made on a
country-by-country basis to determine whether United States foreign policy objec-
tives would be served by extending assistance under this or any other Act, including
any program designed to complement such assistance." (22 USC 2151.)
Also see Section 620(t) of the Foreign Assistance Act of 1961, as amended, quoted
in note 9.
¹⁴Amended by Pub. Law 93-86,87 Stat. 237, August 10, 1973 to add the following:
"and that commericial supplies are available to meet demands developed through
programs carried out under this Act;"
¹⁵Subsections (o), (p), and (q) of Section 103 were added by Pub. Law 90-436,82
Stat.450, July 29, 1968.
¹⁶Pub. Law 85-128,71 Stat. 345, August 13, 1957 (7 USC 1704a), provides that
Report
"Within sixty days after any agreement is entered into for the use of any foreign
on
currencies, a full report thereon shall be made to the Senate and House of Represen-
Use of
tatives of the United States and to the Committees on Agriculture and Appropria-
Foreign
Currencies
tions thereof."
¹⁷Pub. Law 89-677,80 Stat. 955, October 15, 1966, provides "That any foreign
Report
currencies held by the United States which have been or may be reserved or set aside
Use
for specified programs or activities of any agency of the Government may be used by
of
Foreign
Federal agencies for any authorized purposes, except (1) that reimbursement shall be
Currencies
33
AID HANDBOOK 9, App B(1)
TRANS. MEMO NO.
EFFECTIVE DATE
PAGE NO.
9:6
January 19, 1981
B(1)-35
SEC. 509
to this Act shall not be subject to this requirement: (list of projects ommitted.)
(7 USC 1704b note.)
²³Pub. Law 94-161,89 Stat. 852, Dec. 20, 1975 repealed Section 104(c), the so-called
Common
"Common Defense Grant" provision.
Defence
24c. Agency for International Development" was substituted for "Advisory Commit-
Grant
tee on Voluntary Aid" in Section 104(f) by Section 121 of Public Law 96-53, 93 Stat.
366, August 14, 1979.
25The last sentence of Section 104(h) was added by Pub. Law 90-436,82 Stat. 450,
July 29, 1968.
26Subsection (k) of Section 104 was added by Pub. Law 90-436,82 Stat. 451, July
29, 1968.
27Section 1415 of the Supplemental Appropriation Act 1953, provides that "Foreign
credits owed to or owned by the United States Treasury will not be available for ex-
penditure by agencies of the United States after June 30, 1953, except as may be
provided for annually in appropriation Acts and provisions for the utilization of such
credits for purposes authorized by law are hereby authorized to be included in gen-
eral appropriation Acts." Public Law 547,82d Congress, 66 Stat. 662, July 15, 1952
(31 USC 724).
28Public Law 91-524, 84 Stat. 1379, November 30, 1970; amended this paragraph
by adding "and in the case of currencies to be used for the purposes specified in para-
graph (2) of Subsection (b) the Appropriation Act may specifically authorize the use
of such currencies and shall not require the appropriation of dollars for the purchase
of such currencies."
29Public Law 94-161,89 Stat. 852, Dec.20, 1975, amended the provision following
Section 104(k) to add after "The Senate Committee on Agriculture and Forestry" the
following "and The Senate Committee on Foreign Relations" and after "The House
Committee on Agriculture" the following "and The House Committee on Internation-
al Relations."
30Section 102(b) (2) (C) Public Law 95-424, 92 Stat. 941, October 6, 1978 substitut-
ed "122 (b)" for "201".
"See note 7.
32Section 211 of The International Development and Food Assistance Act of 1977,
Public Law 95-88, 91 Stat. 551, August 3, 1977, further amended Section 106(b) (2)
by deleting the following two sentences from the end thereof: "Such uses shall be
deemed payments for the purposes of Section 103 (b) of this Act except that for any
fiscal year the total value of such payments may not exceed 15 per centum of the to-
tal value of all agreements entered into under title I of this Act. Such payments
shall be described in the reports required by Section 408 of this Act and Section 657
of the Foreign Assistance Act of 1961."
Subsection 103(e) of the Foreign Assistance Act of 1961, as added by Section 203
of Public Law 94-161, 89 Stat. 851, December 20, 1975, and renumbered by Section
103(d) (2) (e) of Public Law 95-424, 92 Stat. 944, October 6, 1978, provides as fol-
lows:
"(e) Local currency proceeds from sales of commodities provided under the Agricul-
tural Trade Development and Assistance Act of 1954 which are owned by foreign
governments shall be used whenever practicable to carry out the provisions of this
section." (22 USC 2151a (e).)
³³Pub. Law 94-161,89 Stat. 852, Dec. 20, 1975, amended SEC. 106(b) by inserting
"(1)" after "(b)" and by adding the last sentence of Section 106(b)' (1) and all of
paragraphs (2) and (3).
³⁴Section 901(b) of the Merchant Marine Act, 1936, 68 Stat. 832, as amended, 75
Stat. 565, provides in part:
35
TRANS. MEMO NO.
AID HANDBOOK 9, App B(1)
EFFECTIVE DATE
PAGE NO.
9:6
January 19, 1981
B(1)-37
SEC.604(c)
"The word "as" is included in the Food for Peace Act of 1966, Pub. Law 89-808, 80
Stat. 1534.
⁴Section 201 (b) was amended by Pub. Law 95-88, 91 Stat. 547, August 3, 1977, by
adding new paragraphs (1), (2), and (3).
"Section 121 of Public Law 96-53, 93 Stat. 366, August 14, 1979, substituted
"Agency for International Development" for "Advisory Committee on Voluntary
Foreign Aid" and "Advisory Committee".
⁴⁸Section 208 (a) of the International Development and Food Assistance Act of
1977, Public Law 95-88, 91 Stat. 547, August 3, 1977, added the third sentence of
Section 202 (a).
49Section 202 of Public Law 96-53, 93 Stat. 368, August 14, 1979, amended, SEC.
202 (b) (2) to read as shown in the text.
50Section 202 was amended by Pub. Law 95-88, 91 Stat. 547, August 3, 1977, by (1)
adding "(a)" after "202," (2) to permit the utilization of foreign nonprofit agencies,
(3) deleting the next to the last sentence in Section 202(a), and (4) by adding Sub-
section 202(b).
⁵¹Section 208(b) of Pub. Law 95-88, 91 Stat. 548 provides as follows: For purpose of
implementing the amendment of Section 202, the President shall issue regulations
governing registration with an approval by the Advisory Committee on Voluntary
Foreign Aid⁴⁷ of foreign nonprofit voluntary agencies. (7 USC 1722 note.)
52Section 203 was amended by Pub. Law 95-88, 91 Stat. 548, August 3, 1977, with
regard to utilization of points of entry abroad.
53Section 204 was amended by Pub. Law 95-113, 91 Stat. 956, September 29, 1977,
to increase amount from $650,000,000 to $750,000,000.
⁵⁴Pub. Law 94-161, 89 Stat. 854, Dec. 20, 1975, amended new Section 206 and Sec-
tion 206 was amended by Pub. Law 95-88, 91 Stat. 548, August 3, 1977, to provide
for distribution of food to neediest.
55Section 203 of Public Law 96-53, 93 Stat. 368, August 14, 1979, amended clause
Providing
(3) to read as shown in the text. It was previously amended by Section 210 of the
Feed to
International Development and Food Assistance Act of 1977, Public Law 95-88, 91
Neediest
Stat. 548, August 3, 1977, which read "(3) such agreement provides that currencies
will be used for increasing the availability of food commodities provided under this
title to the neediest individuals in recipient countries."
⁵⁶Former Sections 301, 302, and 303 of title III were redesignated as Sections 308,
309, and 310, respectively by Pub. Law 95-88, 91 Stat. 548, August 3, 1977.
⁵⁷New Sections 301-307 of title III were added by Pub. Law 95-88, 91 Stat. 548,
549, 560, and 561, August 3, 1977.
58Prior Sections 304-308 of title III were repealed by the Food for Peace Act of
1966, Pub. Law 89-808, 80 Stat. 1535, November 11, 1966.
59Section 204 of Public Law 96-53, 93 Stat. 369, August 14, 1979, added ", or the
dollar sales value of the commodities themselves," in the first sentence and substi-
tuted "in the participating country of funds from the sale of such commodities or of
the commodities themselves" for of funds from the male of such commodities in the
participating country" in the second sentence.
⁶⁰Section 205 of Public Law 96-53, 93 Stat. 369, August 14, 1979, added paragraph
(4).
61Section 204 (b) of Public Law 96-53, 93 Stat. 369, August 14, 1979, deleted "for
each year such funds are to be disbursed" in the second sentence.
62Section 202 of Public Law 95-424, 92 Stat. 955, October 6, 1978, added Subsec-
tion (d).
63Section 203 of Public Law 95-424, 92 Stat. 955, October 6, 1978, designated the
first paragraph of Section 305 as Subsection "(a)" and added Subsection "(b)".
64Section 206 of Public Law 96-53, 93 Stat. 369, August 14, 1979, added the last
sentence of Subsection (a).
37
TRANS. MEMO NO.
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PAGE NO.
AID HANDBOOK 9, App B(1)
9:6
January 19, 1981
B(1)-39
75Amended by Pub. Law 92-42, 85 Stat. 99, July 1, 1971, to add the following
second sentence. See note 74 which amended this sentence.
"The foregoing provisions shall not be construed as prohibiting representatives of
the domestic wine industry from participating in market development activities car-
ried out with foreign currencies made available under title I of this Act which have
as their purpose the expansion of export sales of United States agricultural commodi-
ties."
⁷⁶Section 402 of title IV was amended by Pub. Law 95-113, 91 Stat. 956, Sep-
tember 29, 1977, to add:
"In the allocation of funds made available under title I of this Act, priority shall
be given to financing the sale of food and fiber commodities."
T⁷Section 403 of title IV was redesignated 403 (a) by Pub. Law 95-113, 91 Stat.
956, September 29, 1977.
78Section 403 (b) of title IV was added by Pub. Law 95-113, 91 Stat. 957, Sep-
tember 29, 1977.
79Section 209 of Public Law 96-53, 93 Stat. 370, August 14, 1979, amended Section
404 (a) to read as shown in the text and added Subsection (b).
80Pub. Law 94-161, 89 Stat. 855, amended SEC. 406 (a) by reassigning authority to
administer the section provision from the Secretary of Agriculture to the President,
and by amending Subsection (5).
81Office of Management and Budget.
82 Amended by Pub. Law 90-436, 82 Stat. 451, July 29, 1968, and by Pub. Law 94-
161, 89 Stat. 854, Dec. 20, 1975.
83Section 408 (b) of title IV was amended by Pub. Law 95-88, 91 Stat. 552, August
3, 1977.
84Section 408 (c) of title IV was amended by Pub. Law 95-88, 91 Stat. 552, August
3, 1977.
85Section 408 (d) and (e) of title IV were added by Pub. Law 95-113, 91 Stat. 957,
September 29, 1977.
86Section 409 was amended by Pub. Law 95-113, 91 Stat. 957, September 20, 1977,
to change the date from December 31, 1977 to December 31, 1981 and to add the fol-
lowing:
"New spending authority provided for title I of this Act by amendment to this sec-
tion made by the Food and Agriculture Act of 1977 shall be effective for any fiscal
year only to such extent or in such amounts as are provided in appropriation Acts."
87Section 620 (e) of the Foreign Assistance Act of 1961, Pub. Law 87-195, 75 Stat.
444, Sept. 4, 1961, as amended (22 USC 2370(e)) reads in part as follows:
"(e)(1) The President shall suspend assistance to the government of any country to
Expre-
which assistance is provided under this or any other Act when the government of
printies
such country or any government agency or subdivision within such country on or
after January 1, 1962-
(A) has nationalized or expropriated or seized or seized ownership or control of
property owned by any United States citizen or by any corporation, partnership, or
association not less than 50 per centum beneficially owned by United States ci-
tizens, or
(B) has taken steps to repudiate or nulify existing contracts or agreements with
any United States citizen or any corporation, partnership, or association not less
than 50 per centum beneficially owned by United States citizens, or
(C) has imposed or enforced discriminatory taxes or other exactions, or restric-
tive maintenance or operational conditions, or has taken other actions, which have
the effect of nationalizing, expropriating, or otherwise seizing ownership or control
39
ID #.
371270
CU
WHITE HOUSE
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5/81
THE WHITE HOUSE
WASHINGTON
April 11, 1986
MEMORANDUM FOR MAURICE C. INMAN, JR.
GENERAL COUNSEL
IMMIGRATION AND NATURALIZATION SERVICE
FROM:
JOHN G. ROBERTS DDR
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Visas for Missionaries of Charity
Nuns in the United States
In the attached letter to the President, Mother Theresa
expresses her concern over the handling of certain visa
applications made on behalf of members of her order. We would
appreciate your review of this matter and a recommendation on a
response (including whether the response should be from the
White House or INS).
Many thanks.
LDM
MISSIONARIES OF CHARITY
371270
335 East 145th Street,
Bronx, New York 10451.
December 14th, 1985.
The President of the United States of America,
The White House,
Washington D.C. 20805.
REDACTED
Dear President Reagan,
Once again I am writing to ask your help with regard to obtaining visas for our
Sisters in the U.S.A. Since I was last in contact with you the then Regional
Superior of our Sisters in the U.S., Sister. Priscilla, met with Mr. Thomas Simmons,
Deputy Assistant Commissioner of Adjudications in Washington D.C. and it was agreed
that (apart from Novices who are entitled to, and obtain without difficulty, H-3
visas; and Superiors who are in a similar position with regard to L-1s) that we
would apply for B-1 visas for our Sisters. Mr Simmons advised us to apply for B-1s
for a year at a time and also that we should apply for a waiver of fees.
Although we had asked you about the possibility of being granted B-1s for duration
of status (i.e. as long as we remained religious) we were told this was not possible.
We have therefore applied for B-1 visas for all our Sisters who were not in formation
or Superiors. Our applications to New York have all been successful, although they
will only grant B-1s for six months at a time instead of the full year for which we
asked. Other IMS offices (see enclosed copies of our application for a B-1 visa for
one year for Sister M. Marlene M.C. made to Louisville, KY) have granted the full
year.
What alarms me is that two recent applications for B-1 visas, made in exactly the
same way as previous applications, have been rejected. (See copies of enclosed
correspondence relating to
7
The grounds for the rejection seem to be that
no definite date was given for a departure from the U.S. It is impossible for us to
give such a date for reasons I have discussed with you before, and this date has not
previously been insisted on. The other grounds for rejection is that "You have
failed to establish that the purpose for which you were admitted has not been accomplish-
ed and that your requested extension is not merely an attempt to prolong your stay
indefinitely."
If B-1 visas are denied to us we cannot remain in the U.S. to serve God in the
persons of the poorest of the poor. I beg you, in the Name of God, who has called
us here to show His love and concern for the poor to help us to obtain the visas we
need Be sure that we remember you very specially in our prayers and sacrifices.
god bless you
bee Teresa me
MOTHER M. TERESA M.C.
RONALD W. REAGAN LIBRARY
THIS FORM MARKS THE FILE LOCATION OF ITEM NUMBER 2 LISTED ON THE
WITHDRAWAL SHEET AT THE FRONT OF THIS FOLDER.
LDM
MISSIONARIES OF CHARITY
335 East 145th Street,
Bronx, New York, N.Y. 10451.
20 October 1984.
The President of the United States of America,
The White House,
Washington D.C. 20805.
Dear President Reagan,
I am writing to ask your help in the matter of obtaining visas for our sisters for
the U.S.A. Over the past year it has become more and more difficult for them to
be granted either L-1 or H-3 visas, and we have now reached the point where the only
kind of visa the Immigration and Naturalization service are prepared to grant us is
a B-1 visa for six months.
At the moment we are exactly 113 sisters in the U.S.; this figure includes aspirants,
postulants and novices. Out of these 113, only 25 are U.S. citizens. Most of our U.S.
sisters are working outside their own country, as ours is a missionary congregation
And we now have sixteen houses in the U.S.
If we have to apply for 88 visas every six months, apart from the expense (which means
that money we could spend on the poor has to be spent on visas), we will need a sister
to work full time only on visas. We have never had sisters in any country purely for
administration. It would be sad if America were the first country to turn our sisters
into bureaucrats.
Please can you help us? Until about June this year we were being granted L-1 visas for
our more experienced sisters: those with particular skills, those marked to be Superiors
of houses, and so on. Equally the H-3 visa was granted without any difficulty for
sisters wanting to come to the U.S. to train as postulants and novices. (They come here
either because the U.S. is the nearest country where there is a postulancy or novitiate,
or as part of an exchange. For instance two European sisters come to the U.S. novitiate
and two U.S. sisters then have the chance to go to the European novitiate in Rome.) The
other H-3 category for us is some of our Junior Sisters who come to the U.S. to acquire
experience of our apostolate here.
From this summer on we have had one rejection after another of our petitions for L-ls
and H-3s. If you want further details about the rejections the sisters would be able
to give them straightaway. We have now reached the point where the only visa left open
to us (for how long?) is the B-1 visa, valid for six months.
In the name of God who has called us to serve Him here in the persons of the poorest of
the poor I ask you if there is any way the sisters can again be granted H-3 and L-1
visas as they used to be, so that they may continue their work of love and adoration of
God in your country. We thank God for whatever help you may be able to give us.
Please be sure of a special place in our prayers and sacrifices.
god bless you
be Teresa me
MOTHER M. TERESA M.C.
THE WHITE HOUSE
WASHINGTON
February 27, 1986
MEMORANDUM FOR BRANDEN BLUM
LEGISLATIVE ATTORNEY
OFFICE OF MANAGEMENT AND BUDGET
FROM:
JOHN G. ROBERTS
ASSOCIATE COUNSEL TO THE PRESIDENT
SUBJECT:
Revised DOJ Report on H.R. 3810, the
"Immigration Control and Legalization
Amendments Act of 1985"
Counsel's Office has reviewed the above-referenced revised DOJ
report and finds no objection to it from a legal perspective.
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5/81
EXECUTIVE OFFICE OF THE PRESIDENT
SPECIAL as
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON, D.C. 20503
February 26, 1986
SPECIAL
LEGISLATIVE REFERRAL MEMORANDUM
TO:
Department of Agriculture
Department of Commerce
Department of Education
Department of Health & Human Services
Department of Housing & Urban Development
Department of Labor
Department of State
Department of the Treasury
Small Business Administration
National Security Council
Council of Economic Advisers
SUBJECT:
REVISED Department of Justice report on H.R. 3810, the
"Immigration Control and Legalization Amendments Act of 1985. "
The Office of Management and Budget requests the views of your
agency on the above subject before advising on its relationship
to the program of the President, in accordance with OMB Circular
A-19.
Please provide us with your views no later than NOON -- March 3, 1986.
(NOTE -- We have been advised by Justice that this version generally reflects changes
agreed upon at the 2/21 interagency meeting. Portions of the report discussing
record-keeping requirements and status verification requirements for aliens applying
for certain benefits may need to be changed when a position on these issues is
determined. Agency comments on other sections of the report should be limited to
significant concerns, if any, provided in writing, and signed by an appropriate
policy official.)
Direct your questions to Branden Blum (395-3454), the legislative
attorney in this office.
James UCIN C. Murr /for
Assistant Director for
Legislative Reference
Enclosure
CC:
Fred Fielding
Mike Margeson
Kathy Burchard
Roger Greene
John Cooney
Sara Brentlinger
Andrea Hoffman
Tara Treacy
Phil Hanna
Frank Seidl
U.S. Department of Justice
Office of Legislative and Intergovernmental Affairs
Office of the Assistant Attorney General
Washington, D.C. 20530
Honorable Peter W. Rodino, Jr.
Chairman
Committee on the Judiciary
U.S. House of Representatives
Washington, D.C. 20515
Dear Mr. Chairman:
This responds to your request for the Department of Justice's
views on H.R. 3810, the "Immigration Control and Legalization
Amendments Act of 1985." The Department supports enactment of
this legislation with certain major and several minor revisions.
This Administration has consistently supported immigration
reform, and the pressing need for legislation remains. We are
pleased that you and Congressman Mazzoli are sponsoring H.R. 3810.
We look forward to working with your Committee.
EMPLOYMENT OF UNAUTHORIZED ALIENS
SECTION 101
Section 101 of the bill amends present Section 274 of the
Immigration and Nationality Act (the Act) to provide penalties for
employers who commit two types of offenses: (1) knowingly hiring
an alien who is not authorized to work; and (2) failing to comply
with the requirements of the Employment Verification System.
Employment Verification
An employer must verify that each applicant for employment
("applicant") has established his or her authorization to work in
the United States, including examining an applicant's identifying
documentation and employment authorization. The applicant must
also attest that he 18 a citizen or national of the United States,
an alien lawfully admitted for permanent residence, or an alien
authorized by the Attorney General to be employed. The employer
must retain these records for a period of time specified by the
Attorney General. Good-faith compliance with these requirements
18 an affirmative defense to a charge that the employer has know-
ingly employed an unauthorized alien.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 2
Hearing Process
Section 101 also provides for a hearing, before an adminis-
trative law judge, to determine whether a violation has occurred.
An employer who requests a hearing may, within 60 days of an ad-
verse decision, file a petition for review with the appropriate
court of appeals, of the administrative fine. If no hearing 18
requested, the fine assessed shall not be appealable. If the
assessed penalty is not timely paid, the Attorney General must
file a suit in a district court to enforce payment.
Delayed Effective Date
The penalty provisions have a delayed effective date. For
the first six months after enactment, the Attorney General and the
heads of certain Departments and agencies must disseminate infor-
mation on these provisions, and no penalty may be imposed or pro-
ceeding conducted for a first violation. In the subsequent twelve
months, the Attorney General is authorized to issue citations of
violations. Again, no penalty may be imposed or proceeding con-
ducted during this time.
Anti-discrimination Provisions
Section 101 also contains extensive procedures for dealing
with discrimination in hiring or discharging based on an individ-
ual's national origin or citizenship status. The coverage 18
broad, encompassing citizens, "intending citizens, aliens who are
permanent residents, aliens temporarily admitted under the "amnes-
ty" provisions, and aliens granted either refugee status or asy-
lum, and who have completed a declaration of intention to become a
citizen.
All employers are subject to this anti-discrimination provi-
sion, except that claims of national-origin discrimination are
barred 1f: (1) the complainant 1a covered by Section 703 of the
Civil Rights Act of 1964; or (2) United States citizenship 18 re-
quired by Federal law, regulation, or executive order, a Federal,
State or local-government contract, or by order of the Attorney
General; or (3) English-language skill is a bona fide occupational
qualification reasonably necessary to the normal operation of the
enterprise.
An employer found to violate these provisions may be ordered
to maintain a record-keeping system for all applicants, to hire or
re-hire individuals directly and adversely affected by the employ-
er's hiring or discharge practices, with or without back pay, to
pay a civil penalty of $1,000 for each individual discriminated
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 3
against and to pay attorneys fees. A penalty of $2,000 per vio-
lation may be assessed against an employer previously found to
have engaged in discrimination.
Procedurally, a person may complain to a Special Counsel
appointed by the President with the advice and consent of the Sen-
ate. The Special Counsel must investigate all such complaints, to
determine whether there 1s reasonable cause to believe that the
charge is true. If so, then the Special Counsel may bring a com-
plaint before an administrative law judge, who must be specially
designated and trained by the Attorney General. The administra-
tive law judge may subpoena witnesses and evidence, and hold
hearings. Subpoena enforcement rests with the district courts.
An administrative order issued under this provision may be
reviewed within 120 days under Section 10 (d), (e), (f), (g), and
(j) of the National Labor Relations Act. The Special Counsel will
exercise the powers of the National Labor Relations Board's Gen-
eral Counsel as specified by that Act.
Penalties
For a first offense, under Section 101, an employer 18 sub-
ject to a $1 - 2,000 civil penalty for each unauthorized alien.
For a subsequent offense, an employer 1s subject to a $2 - 5,000
fine for each unauthorized alien. An employer who engages in a
pattern or practice of violations would be subject to a fine of
$1,000, six-months imprisonment, or both. The Attorney General 18
authorized in such a case to bring a federal civil action to seek
relief such as injunctions or restraining orders.
Violating the paperwork provisions of the Employee Verifica-
tion System, subjects an employer to a $1,000 civil penalty for
each individual for whom the employer failed to comply.
Comments
Barring the employment of unauthorized aliens 18 fundamental
to curtailing illegal immigration. The Department supports Sec-
tion 101 but suggests some revisions. Civil penalties should be
fixed at specific amounts and not set within ranges. Fixed, spec-
1fic fines would reduce potential litigation, and promote consist-
ency in the assessment of fines. Moreover, fixed civil penalties
will sufficiently deter the employment of unauthorized aliens;
accordingly, we oppose criminal penalties, except possibly in
"pattern and practice" situations.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 4
Employers of three or fewer persons should be exempted from
the record-keeping requirement, with mandated record-keeping if
violations occur.
The bill's anti-discrimination provisions are both unneces-
sary and overly inclusive. Existing national-origin civil rights
laws are sufficient protection for all from unfair treatment.
Existing federal agencies are able to investigate and deal with
discrimination on this basis. No new administrative law judges
are needed, since the present immigration judges, already familiar
with immigration laws, can readily handle the work. Creating new
bureaucracies and uncontrollable new case loads 18 unwise, un-
necessary and unacceptably expensive.
FRAUDULENT USE OF IMMIGRATION DOCUMENTS
SECTION 102
Section 102 of the bill amends 18 U.S.C. 1546 to bar the I-
raudulent use of certain documents to establish employment auth-
orization. Fines for such activity are increased from $2,000 to
$5,000. Likewise, the use of a false identification document or a
false attestation is prohibited. The penalty for violating this
section is a $5,000 fine, or two years imprisonment, or both.
Comments
Employer sanctions will likely increase the manufacture and
use of immigration documents for fraudulent purposes. Penalties
of the type and magnitude contemplated by Section 102 should help
deter this activity. We oppose establishment of the system to
validate Social Security account numbers. Instead, we prefer the
scheme that is included in § 121 of S. 1200, as passed by the
Senate. This section requires the President to implement changes
in the verification system to establish a secure system to verify
employment eligibility. Any new system must reliably verify that
an applicant is the person he claims to be and that such a person
18 eligible to work. Under § 121, if the new system will involve
examination by an employer of any document, such document must be
in a form which is resistant to counterfeiting and tampering.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 5
AUTHORIZATION OF APPROPRIATION FOR ENFORCEMENT
AND SERVICE ACTIVITIES OF INS
SECTION 111
Section 111 provides for increased funding to increase INS
enforcement and service activities, authorizing, for fiscal years
1986 and 1987 respectively, 422 million dollars and 419 million
dollars over the regular authorization. These aums are to in-
crease the border patrol and other INS enforcement activities to
ensure prompt and efficient adjudications of applications under
the Act. The funding 18 also to be used to improve out-reach pro-
grams and in-service training of INS personnel. We support in-
creases of the magnitude proposed in the Senate bill and last
year's conference bill. We believe these amounts will be suffi-
cient for INS to carry out its increased activities. These
activities result in apprehending more than one million illegal
aliens each year. Compared to the same time period last year,
there has been a forty percent increase in the number of illegal
aliens that have been apprehended. Increased funding will enhance
INS's enforcement activities and will also help to improve INS's
service related activities. We support the increased
authorizations.
Section 111 (d) bars the INS from acquiring or installing data
processing equipment. Section 111(d) should be dropped. These
provisions are unnecessary, and will further delay sorely needed
data automation systems. Further, the sole basis for inclusion of
this provision has been the incorrect assumption that data systems
contracts were improperly granted. This 18 not the case. Cong-
ress has mandated that federal interagency information sharing
efforts should be automated and brought up to date. The Office of
Management and Budget has directed INS and State to draft
proposals for future ADP planning to include electronic data
exchange and technology development. This section will prevent
such planning from occuring within the time frame provided by the
budget process.
UNLAWFUL TRANSPORTATION OF ALIENS
TO THE UNITED STATES
SECTION 112
Section 112 amends existing Section 274(a) of the Act to pro-
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 6
vide criminal penalties against anyone who unlawfully transports
aliens to the United States. Criminal penalties can be imposed
when: (1) a person knowingly brings or attempts to bring to the
United States an alien at a place other than a port of entry or a
place not designated by the INS Commissioner; (2) a person know-
ingly transports or moves, or attempts to transport or move, an
illegal alien within the United States; (3) a person knowingly
conceals, harbors, or shields from detection an alien; or (4) a
person knowingly brings or attempts to bring an alien to the
United States in any manner whatsoever. A person who violates any
of the first three provisions can be fined up to $10,000, and 1m-
prisoned for up to five years. For the fourth provision, a fine
of not more than $5,000, or imprisonment of not more than one
year, or both can be imposed for each violation. A second of-
fense, or an offense committed for commercial advantage or private
financial gain, can result in a fine of not more than $10,000 or
imprisonment for not more than five years, or both.
Comments
We support this section. It will reverse the judicial con-
struction of Section 274 of the Act in United States V. Anaya, 509
F.Supp. 289, P. 297 (S.D. Fla. 1980), where the court held that
Section 274 "was designed by Congress to prevent aiding and abet-
ting the illegal entry of aliens into the United States in a
fraudulent evasive or surreptitious manner." (emphasis added)
We propose two changes, first, subsection (a) (1) (c), should
be amended to include language relating to attempts to conceal,
harbor or shield. This language appears in subsection 274 (a) (3),
and should be retained. United States V. Cantu, 557 F.2d 1173
(5th Cir.), reh. den. 561 F.2d 831, cert. den. 434 U.S. 1063.
Second, language incorporating the present subsection 274
(a) (4), should be added. This provision subjects to criminal
sanctions "any person ... who willfully or knowingly encourages
or induces or attempts to encourage or induce, either directly or
indirectly the entry into the United States of any alien .not
duly admitted by an immigration officer This provision has
proven to be a useful tool in combatting alien smuggling. See,
United States V. Nunez, 668 F.2d 10 (1st Cir. 1981); United States
V. Castillio-Felix, 539 F.2d 9 (9th Cir. 1976). Moreover, this is
the only provision in Section 274 that has extra-territorial ap-
plication. See, Nunez, supra; United States V, Correa-Negron, 462
F.2d 613 (9th Cir. 1972), and cases cited therein.
"
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 7
TREATMENT OF IMMIGRATION EMERGENCIES
SECTION 113
Section 113 amends the Act's existing Section 103 to direct
the Attorney General to develop a contingency plan in the event of
an immigration emergency. This section also establishes an immi-
gration emergency fund of 35,000,000 for use in such emergency.
Before monies can be withdrawn from this fund, the President must
determine that an immigration emergency has occurred, and must 50
certify to the House and Senate Judiciary Committees.
Comments
This section, as drafted, does not provide the President with
any new legal authority. We oppose the specific authorization
provision. The Administration will request such funds as needed.
RESTRICTING WARRANTLESS ENTRY IN THE
CASE OF OUTDOOR AGRICULTURAL OPERATIONS
SECTION 114
Section 114 amends existing Section 287 of the Act to re-
strict warrantless entries into open fields used for agricultural
purposes. INS officers may not enter outdoor agricultural areas
without a warrant or the consent of the owner or his agent, to in-
terrogate persons as to their right to be in the United States.
The only exception to these requirements is existing Section
287 (a) (3), which permits access to private lands within 25 miles
of the border.
Comments
The Department of Justice strongly opposes this provision,
and urges that it be entirely deleted. The Supreme Court in
Oliver V. United States, 104 S.Ct. 1735 (1984), held that the Gov-
ernment's entry onto an open field is not a search in the consti-
tutional sense, and no privacy expectation can attach to such
fields. Under this provision, INS will be the only law-enforce-
ment agency precluded from entering "open fields, and this will
curtail a major aspect of INS's enforcement operations.
This section undercuts one of the principal reasons for im-
migration reform, namely, the control of illegal aliens and the
concurrent enhancement of INS enforcement capabilities. Specifi-
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 8
cally, INS will be unable to verify and monitor the employment of
temporary workers in agriculture. This provision is especially
undesirable if a special temporary agricultural program is enacted
for the benefit of growers of perishable commodities.
OF IMMIGRATION STATUS OF
ALIENS APPLYING FOR BENEFITS UNDER CERTAIN PROGRAMS
SECTION 121
Section 121 establishes a verification requirement for per-
sons applying for benefits under the AFDC, Medicaid, Unemployment
Compensation and Food Stamp Programs. Each applicant or recipient
must present proof of citizenship, or proof of immigration regis-
tration 1f the person 18 not a citizen. The state must verify an
alien's status through the INS BO that the agency administering
the program may determine the alien's eligibility for the bene-
fits.
In addition, this section provides a definition of "Perman-
ently Residing in the United States Under Color of Law" (PRUCOL)
for purposes of the Social Security Act, the Unemployment Tax Act
and Section 484 of the Higher Education Act of 1965. Basically,
the definition limits "PRUCOL" to refugees, asylees, persons
granted withholding of deportation, registrants under Section 249,
aliens paroled into the United States, and persons granted defer-
red action.
Comments
The Department strongly supports Section 121. The "Systemat-
1c Alien Verification for Entitlements" Program (SAVE) presently
in effect on a limited basis, has shown the practical and fiscal
usefulness of this approach, and it has been enthusiastically
supported by participating states. The definition will go far to
reduce the amount of litigation generated by the term "PRUCOL", as
well as to curb the inclination of courts to expand this category
to include persons who are not lawfully in the United States.
We note that under the current application of $ 212(a) (6)
concerning public charges, the Department does not believe that
these individuals would be eligible for participation in the
legalization program. Our Department along with the Department of
Health and Human Services have drafted an amendment, which
clarifies the definition of PRUCOL and other problems with the
SAVE program. A copy of the amendment is attached for your
review. Finally, given the nature of the guaranteed student loan
Honorable Peter Rodino, Jr.
H.R. 3810 BY Page 9
program, efforts will be made by the Department of Education to
implement the SAVE program in a manner that 18 consistent with
Section 121. One requirement in H.R. 3810 for participation in
the legalization program is that the alien be in an "unlawful
status", but the term is not defined. It is not clear whether
this requirement would bar participation in the legalization
program by Supplemental Security Income/Aid to Families with
Dependent Children (SSI/AFDC) recipients who are permanently
residing in the United States under color of law. We recommend,
as a technical clarification, that the bill provide that SSI/AFDC
recipients who are PRUCOL and have no current legal immigration
status could participate in the legalization program.
LEGALIZATION STATUS
SECTION 201
Section 201 legalizes the status of certain aliens unlawfully
in the United States. In general, this sanction applies to an
alien who entered the United States prior to January 1, 1982, and
who has continuously and unlawfully resided in the U.S. since
January 1, 1982. The alien must also show that he has continuous-
ly, physically resided here since enactment. An alien shall not
be considered to have failed to maintain continuous physical pres-
ence in the United States for a brief, casual, and innocent ab-
sence from the United States. In the case of the nonimmigrant,
the alien must show that his period of authorized stay expired
before January 1, 1982, through the passage of time or that the
alien's unlawful status was known to the Government on that date.
Although eligibility is specifically confined to aliens who
have entered the United States, an exception 18 made for "Cuban/
Haitian Entrants (Status Pending)" described in paragraph (1), or
(2) (a), of Section 501 (e) of Public Law 96-422. Persons in this
category are deemed to have entered the United States for purposes
of this section.
The applicant must also show that he is admissible as an 1m-
migrant with certain grounds of admissibility specifically waived,
and others which may be waived in the discretion of the Attorney
General. The applicant is not admissible if he has been convicted
of any felony, or has committed three or more misdemeanors in the
United States.
An alien who meets these requirements shall be granted temp-
orary resident status. Twelve months after this grant, the alien
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 10
must apply for permanent resident status, and must do 80 within
the next twelve months. If he does not, then his temporary resi-
dent status automatically expires on the twenty-fifth month fol-
lowing the date 1t was granted.
A temporary resident may seek to adjust his status to per-
manent resident if he can establish continuing eligibility for
temporary resident status, plus several additional criteria. He
must show that he has not meaningfully interrupted his continuous
physical presence in the United States, and that he has attained a
minimal understanding of ordinary English, and a knowledge or un-
derstanding of the history and government of the United States, or
he 1s satisfactorily pursuing a course of study in these fields.
An alien apprehended in the United States prior to the start
of the application period who can establish a "nonfrivolous case
of eligibility" for temporary residence may not be deported, and
is authorized to work at least through the first thirty days of
the application period. An alien apprehended during the applica-
tion period 18 also not deportable, if he or she makes a nonfrivo-
lous application, until after a final determination is made on the
application. He is also authorized to work.
Administrative and judicial review of determination
An applicant denied temporary or permanent resident status 18
entitled to appeal to an administrative authority established by
the Attorney General. This review is to be based "solely upon the
administrative record" of the application, although updating the
record is permitted.
Judicial review of denial of an application for temporary or
permanent residence is to be based "solely upon the administrative
record" as part of an order of deportation. The court may review
the record for abuse of discretion, or to determine if the find-
ings are directly contrary to clear and convincing facts contained
in the record as a whole.
Disqualification from certain public-welfare benefits
An alien granted temporary resident status is generally in-
eligible for certain public welfare assistance programs for five
years beginning with obtaining that status. The Attorney General
will identify the programs covered in consultation with other fed-
eral agencies and departments. Participation in the Medicaid and
Food Stamp programs 18 specifically prohibited. In addition,
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 11
State and municipal governments may refuse financial or medical
assistance to aliens in this category. Exceptions are made for
"Cuban/Haitian Entrants (Status pending), n aged, blind or disabled
individuals, aliens under 18 years of age and pregnant women.
For purposes of this section, "financial assistance" is de-
fined not to include certain programs such as the National School
Lunch Act, the Child Nutrition Act of 1966, the Headatart-Follow
Through Act and others.
Comments
The Department supports the concept contained in Section 201
but certain revisions are necessary to establish a workable, cost-
effective program. We believe that a January, 1980, cut-off date
is preferable to January 1982. A 1982 cut-off date will result in
entry of aliens who have no pressing claim to remain here perman-
ently. A 1982 date will encourage more aliens to enter illegally,
and attempt to establish eligibility fraudulently. It will sub-
stantially increase the cost of the legalization program. The
1980 date, by contrast, will benefit illegal aliens who have been
in the United States for a significant period of time.
The provisions for both administrative and judicial review of
applications for adjustment of status are unnecessary and likely
to significantly increase the costs of administering this provi-
sion, particularly since this section makes no distinction between
review of temporary and permanent resident applications. The De-
partment considers a single administrative review sufficient to
safeguard the interests of an applicant.
The provisions relating to administrative and judicial review
are also ambiguous. Administrative review 18 to be limited to the
record existing at the time an application 18 denied, but the re-
cord on review may be updated. Judicial review 18 to be based
solely upon the administrative appellate authority. Its findings
and determinations are to be conclusive, unless the court finds an
abuse of discretion or that the "findings are directly contrary to
clear and convincing facts." These standards of review are not
the same, and will only invite controversy and litigation.
The Department also believes that the provisions relating to
"brief, casual and innocent" absences from the United States will
be extremely difficult to administer. Application of this stan-
dard 1s not supported by Rosenberg V. Fleuti, 374 U.S. 449 (1963).
Fleuti applied only to lawful permanent resident aliens; not
aliens illegally in the United States. We suggest that absences
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 12
of a specific period of time, 1.e., no more than fifteen days in
the aggregate, from the date chosen for legalization, constitute
the qualifying limit. The bill should also specifically state
that absences related to violations of the immigration laws would
automatically interrupt the physical presence requirement, regard-
less of the period of absence.
The Department finds particularly objectionable Section 201
(b) (5) (c), which provides for five years imprisonment and a $5,000
fine for using, publishing or permitting information from legali-
zation files to be used in an unauthorized manner. No intent to
disclose is required, and the penalty is greatly excessive. By
contrast, Section 102 provides only two years imprisonment for the
fraudulent use of documents. The Department strongly urges that
Section 201 (b) (5) (c) be deleted. Information may be safeguarded
by disciplinary proceedings against government employees who
engage in unauthorized disclosure.
The Department has several problems with the bill's disqual-
ifications from certain public-welfare benefits. It has been
estimated that the exceptions for aliens who are aged, blind, or
disabled under 18 years of age and pregnant women, will result in
aliens applying for 99 percent of the Medicaid services. H.R.
3810 does not base eligibility determinations for medical assist-
ance upon the financial criteria that is used in the Medicaid
program. Consequently, the bill would confer presumptive Medicaid
coverage on the entire "exempted" alien population. Additionally,
certain programs for which newly legalized aliens should logically
be eligible are absent from the list of education programs. This
provision could prove to be an administrative nightmare for the
Department of Education, the States, and local educational agen-
cies if an attempt was made to exclude the newly legalized aliens
from certain programs while including them in others.
We are concerned that there is no provision in H.R. 3810 re-
lating to assistance furnished on a basis other than financial
need. Certain merit-based education programs, such as the tuition
portion of the National Graduate Fellows Program (20 U.S.C. 1134
(h) et seq.) and certain international education programs, may be
affected. H.R. 3810 may imply that newly legalized aliens are
eligible for these merit-based programs despite their temporary
resident status, which would normally be insufficient for eligi-
bility in accordance with the Department of Education regulations.
We support addition of language stating that nothing in the bill
18 designed to affect eligibility for non-need-based programs.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 13
Finally, including certain TRIO (Special Programs for
Students from Disadvantaged Backgrounds.) programs on the list of
prescribed education programs presents substantial problems for
institutions of higher education and for student aid. In certain
programs, 1f a participant was a newly legalized alien and thus
under H.R. 3810 ineligible for Federal student aid, a participa-
ting institution could be faced with a substantial and unexpected
demand on its resources. Under such circumstances, it 1a conceiv-
able that some schools would withdraw from the program, resulting
in the denial of program benefits for other disadvantaged stu-
dents.
In view of these problems, the Department objects to proposed
Section 245A(h) (3) of the Act as drafted. It should either be
clarified to contain merely an illustrative list of programs that
newly legalized aliens would be eligible for (with the TRIO pro-
grams discussed above deleted), or that provision should be de-
leted in its entirety.
We are also concerned about the proposed requirement that the
Attorney General must approve courses of study in English and
American history and government in order to satisfy the bill's re-
quirements. This course-approving function could potentially re-
quire a very substantial commitment of the Attorney General's time
and resources. Additionally, this provision might create strong
pressure for federal funding for courses to satisfy this require-
ment. A provision stating that no new federal funds are to be
authorized or expended would provide a simple remedy to this
issue.
In addition, we note that there are certain technical changes
which may be necessary such as waivers of standard government
personnel, procurement, contracting, real and personal property,
printing, and forms-clearance requirements.
CUBAN-HAITIAN ADJUSTMENT OF STATUS
SECTION 202
Section 202 provides for the adjustment of status to perman-
ent resident of all Cuban or Haitian nationals who fall within two
categories. The first consists of those persons who have been
designated "Cuban/Haitian Entrants (Status Pending). The second
consists of those Cuban and Haitian nationals who arrived in the
United States before January 1, 1982, and with respect to whom INS
established a record as of that date. A Cuban or Haitian national
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 14
admitted as a nonimmigrant who did not apply for asylum before
that same date 18 not eligible for adjustment of status.
The applicant must also be otherwise eligible for admission
as an immigrant, except for the documentary requirements of sec-
tion 212(a) of the act, and not come within section 243(h)(2) of
that Act. The alien must be physically present in the United
States on the date the application is filed, and also have contin-
uously resided in the United States since January 1, 1982. An
applicant has two years from the date of enactment to apply. If
adjustment of status 1s granted, a record of permanent residence
as of January 1, 1982 will be established. A grant of adjustment
of status under this section will not count against the immigrant
visa allocation for either Cuba or Haiti.
Comments
Separate procedures for adjustment of status of "Cuban/
Haitian Entrants (Status Pending)' are unnecessary. Section 201
specifically confers eligibility for legalization upon the same
persons covered by this provision. There is no substantial reason
to accord these Cuban and Haitian nationals preferential treat-
ment. All aliens unlawfully in the United States should meet the
same eligibility requirements, regardless of the country of
origin, a principal adopted in the 1965 amendments to the Act.
The Cuban Adjustment Act of 1966 should be repealed.
STATE LEGALIZATION ASSISTANCE
SECTION 204
Section 204 directs the Secretary of Health and Human Ser-
vices to reimburse States for all of the costs of public assist-
ance provided to any legalized alien, such as those which provide
cash, medical or other assistance designed to meet basic subsis-
tence or health needs, or public health interests.
Comments
The requirement for 100-percent reimbursement should be
dropped. While there may be costs associated with the legali-
zation program which may fall on the States, we believe that the
newly legalized population will be an asset to the States, con-
sisting of productive, hard-working people. Similarly, education
has always been a State responsibility, and no States currently
bar the education of illegal alien children. Accordingly, we see
no rationale for Federal reimbursement.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 15
The Administration is strongly opposed to the 100 percent
reimbursement requirement for public assistance, but does support
a capped authorization of $600 million a year for three years --
as contained in S. 1200, as reported -- to help states meet the
costs of such assistance.
Finally, the SAVE program shows that states can save millions
by appropriately verifying the status of applicants for assis-
tance, and by not paying benefits to illegal aliens.
H-2A WORKERS
SECTION 301
Section 301 establishes a nonimmigrant classification for
temporary agricultural workers (H-2A), and adopts a new program
for admitting them. A labor certification shall not be issued
under certain circumstances, e.g., a strike or lockout during a
labor dispute; employer violation of a previous labor certifica-
tion; or employer failure to provide workers' compensation, if not
otherwise covered by State law.
Rules for consideration of applications
Applications must be filed with the Secretary of Labor not
more than sixty days before an employer requires the services of a
temporary worker. The employer must be notified within seven days
of the filing if the application is deficient. The certification
must be made not later than twenty days before the employer re-
quires the services of a temporary worker. The certification re-
mains effective only if the employer continues to accept for em-
ployment, qualified individuals who apply or are referred to him
until the date when the H-2A workers depart to work for the em-
ployer. The employer would be required to offer housing. An H-2A
petition may also be filed by an agricultural association. When a
petition 1s denied because there are sufficient workers who are
able, willing and qualified, or because employment of the temp-
orary worker will adversely affect the wages and working condi-
tions of similarly employed U.S. workers, there is an expedited
administrative appeal.
In administrative appeal circumstances, the Secretary of
Labor must make a new determination within 72 hours of a request.
The employer has the burden of proof to establish that an eligible
U.S. worker 1s not able, willing, or qualified to perform the re-
quested labor.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 16
The temporary worker cannot be admitted for longer than that
determined by regulation. He may also not be admitted 1f in the
previous five-year period he had violated the terms of his admis-
sion.
Funding
Section 301 also authorizes the appropriation, for fiscal
year 1987 and after, of 10 million dollars, to recruit domestic
workers for temporary services, and to monitor the H-2A program.
The Secretary of Labor is authorized to impose appropriate penal-
ties and seek appropriate relief to ensure an employer's compli-
ance with the terms of the employment. The Secretary 1s also
authorized such sums of monies as may be appropriate to make H-2A
determinations and certifications.
Advisory Commission
Subsection 301 (f) expresses the sense of Congress that the
President should establish an advisory commission to consult with
governments and advise the Attorney General regarding the opera-
tions of the H-2A program.
Comments
The H-2 program reforms contained in Section 301 of H.R.
3810 fall considerably short of the Administration's goal of
creating a viable and improved H-2 program. While not perfect,
however, the H-2 provisions of S. 1200 in general are preferable
to those contained in H.R. 3810. We believe these provisions, in
the context of S. 1200, provide a viable means for improving the
H-2 program in the context of overall immigration reform.
The Administration has carefully drafted the following
Statement of Principles to meet divergent and complex needs.
STATEMENT OF PRINCIPLES - ADMINISTRATION
COMPROMISE AGRICULTURAL WORKER PROPOSAL
Seasonal Worker Program
0 The Administration supports the creation of a seasonal worker
program to address the particular labor needs of growers of
perishable commodities.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 17
Any workers admitted under such a program would be admitted
only for the purpose of doing field harvest labor for truly
perishable commodities.
Migrant and Seasonal Worker Protection Act shall apply to any
field harvest laborers admitted under such a program with
regard to job disclosure, working conditions, housing, trans-
portation and wage determination.
Two years after the effective date of any such program, the
Agricultural Worker Commission will set a cap on the total
number of workers to be admitted in the subsequent year; on an
annual basis thereafter, the statute will provide that the
Commission lower the cap annually by not less than 5% nor more
than 20%; the Commission would have the discretion to determine
the precise percentage decline within that range and could, for
one year only, suspend the decline altogether 1f exceptional
circumstances warranted such suspension.
In setting the cap and subsequent rates of decline, the
Commission will consider labor market conditions and the
abundance of crops.
State Department concerns with respect to the operation of such
a program in foreign countries will be appropriately addressed.
H-2 Program
DOL, acting independently and in response to recommendations
from the Agricultural Worker's Commission, will take meaningful
steps to improve the H-2 program as a workable and acceptable
means of meeting shortages in the domestic agricultural labor
market.
The Administration supports S. 1200's temporary worker reforms
except that the Secretary of Labor will issue the regulations
governing labor certification under this program after
meaningful consultation with the Departments of Justice and
Agriculture. Both the regulatory authority provision and the
consultation requirement will be statutory.
Search Warrant Provision
The Administration strongly restates its opposition to the
imposition of an open field search warrant requirement over
immigration law enforcement officers.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 18
Additionally, the Administration opposes Section 301(f). The
United States has already established lines of communication with
the government of Mexico and other sending countries on immigra-
tion matters, with particular regard for the protection of foreign
worker's rights in our country. We believe that the establishment
of an additional channel of these foreign governments would be
inappropriate, and would conflict with the Executive Branch's
ongoing responsibilites for international consultations and
regulatory control of Federal programs.
CHANGE IN COLONIAL QUOTA
SECTION 311
The quota for immigrants born in a colony, as set forth in
Section 202(c) of the Act, 18 increased from 600 to 3,000, start-
ing with fiscal years beginning after enactment.
Comments
The Department supports increasing the colonial quota, but
recommends that it be raised to 5,000 to meet projected demand
particularly from the nationals of Hong Kong, in consideration of
this Colony's transfer of sovereignty in 1997 from the United
Kingdom to the People's Republic of China.
STUDENTS
SECTION 312
Section 312 requires a two-year foreign residence for non-
immigrants admitted as students. The Attorney General may waive,
under certain circumstances, the foreign-residency requirement for
alien students, if he determines that the waiver 18 in the public
interest.
If the alien applies for a nonimmigrant visa he must meet
additional requirements. Moreover, the alien must annually fur-
nish an affidavit attesting that he 18 in good standing with the
training program, and will return to his country upon completion
of the program. Section 312 would also make certain other amend-
ments relating to adjustment of status and deportation.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 19
Comments
We oppose Section 312. The two-year foreign residence re-
quirement will be burdensome on bona fide students and U.S. em-
ployers. It will also create a strong impetus for students to
enter into fraudulent marriages to circumvent the foreign-res-
idence requirement. The Administration must express its concern
in dropping the distinction between private students and sponsored
exchange visitors as this bill provides. Under the proposed
change, the two-year residency requirement to which certain
visitors are subject will also apply to most private students.
Even when originally applied across the board to the much more
limited number of exchange visitors, the two-year foreign
residency requirement created hardship for individuals and for the
United States government and private organizations, schools and
hospitals. The move in 1970 to a selective application of the
two-year requirement reflected Congressional understanding of
concerns which are peculiar to this Country's program of educa-
tional and cultural exchange.
In addition, H.R. 3810 does not provide a student with the
benefit of all four bases for a waiver as it does for most of the
exchange visitors. Consequently, including them in such a
requirement will generate an administrative burden for our
consular personnel abroad. We believe that there will be a
considerable increase in the number of complaints about the
hardships generated and the arbitrariness of the requirement.
G-IV SPECIAL IMMIGRANTS
SECTION 313
Section 313 would add a special immigrant category to benefit
officers or employees of international organizations and their 1m-
mediate family members. An individual could qualify for special
immigrant status if he resided in the United States for only seven
out of twenty-one years, as long as he had resided for some un-
specified time in the United States within the last seven years.
In contrast, an alien who has been employed by the United States
abroad must have "performed faithful service for a total of fif-
teen years, or more," to qualify as a special immigrant.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 20
Comments
We oppose Section 313 because it would grant an unnecessary
special preference.
SECTION 314
Section 314 provides authority to establish a pilot visa-
waiver program for certain nonimmigrant visitors. The waiver
would apply to visitors from countries providing a reciprocal
waiver for U.S. citizens.
Comments
The Department of Justice supports the visa-waiver program.
The program will facilitate legitimate travel to and from the
United States.
MISCELLANEOUS PROVISIONS
SECTION 315
Section 315(a) gives equal treatment to fathers to allow
immigration benefits for an illegitimate child. This amendment
overrules Fiallo V. Bell, 430 U.S. 787 (1977), which held that an
illegitimate child can claim immigration benefits only through its
mother. We support 315(a) because it prevides equal treatment
without regard to a parent's sex.
Section 315(b) permits an alien to maintain continuous phys-
ical presence if his absence from the United States was brief,
casual, and innocent. This amendment would overrule INS V.
Phinpathya, 104 S.Ct. 584 (1984), which held that any absence,
however brief, breaks the continuity of physical presence.
Comments
We oppoBe this amendment because its vagueness invites ju-
dicial lawmaking and encourages litigation. We recommend either
deleting this provision or amending it to preclude the establish-
ment of continuous physical presence if the alien's departure is
15 days or longer, or where the alien has engaged in activities
contrary to the immigration laws.
00
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 21
TRIENNIAL REPORTS CONCERNING IMMIGRATION
SECTION 401
Section 401 requires that the President submit to the House
and Senate Judiciary Committees a triennial report on the Act.
The comprehensive report must include the number of aliens admit-
ted in various immigrant and nonimmigrant categories, and their
impact on the economy, labor and housing markets, educational
quality systems, social services, and population growth rate of
the United States. The President must also provide a reasonable
estimate of the number of aliens who entered the United States
illegally, or who became deportable during the three-year period.
The report must also project for the following five-year period
the information contained in the report. The President must also
include in the report any appropriate recommendation bearing on
the admission and entry of aliens in the United States.
REPORTS ON UNAUTHORIZED EMPLOYMENT
AND DISCRIMINATION
SECTION 402
Section 402 requires the President to report on the imple-
mentation of the employer-sanctions provisions to the House and
Senate Judiciary Committees every six months beginning the twelfth
month after enactment. This report must contain an analysis of
the employment verification system and status of the telephone-
verification project. The President must also report on the 1m-
pact of the employer-sanctions provisions on the employment, wages
and working conditions of United States workers, illegal immigra-
tion, and violation of status by nonimmigrant visa holders.
A separate report on the effect of the employer-sanctions
provision on discrimination against minority group citizens and
permanent residents and the paperwork and record-keeping burden of
employers must be submitted. This report is due 18, 36 and 54
months following enactment.
The Civil Rights Commission must submit its own report, due
18 months after enactment, on the implementation and enforcement
of this section. The Commission must additionally investigate
allegations that there has been unlawful discrimination based on
race or nationality against citizens or aliens authorized to work.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 22
REPORTS ON H-2A PROGRAM AND ON AGRICULTURAL
LABOR TRANSITION PROGRAM
SECTION 403
Section 403 requires the President to transmit to the House
and Senate Judiciary Committees an annual report for three contin-
uing years on the agricultural transition program, and a bi-annual
report on the H-2A program, including the number of foreign work-
ers employed under each program, compliance of employers with the
terms and conditions of the program, and impact of the programs on
the labor needs of the United States agricultural employers. The
report must also include recommendations for modifications of the
programs.
REPORT ON THE LEGALIZATION PROGRAM
SECTION 404
Section 404 requires the President to transmit to Congress
two reports. The first report, required within 12 months after
the end of the application period for temporary residence, is to
include a significant amount of data relating to the legalized
population, describing the geographical origins and manner of
entry of these aliens, their demographic characteristics and a
general profile of the population. The second report, due three
years after the first report, is to contain information describing
the impact of the program on State and local governments, public
health and medical needs, patterns of employment and participation
of legalized aliens in social service programs. The Department
generally opposes the proliferation of statutorily mandated
reporting requirements, preferring instead to provide the Congress
with information requested on an as needed basis.
STATE AND LOCAL ASSISTANCE FOR INCARCERATION COSTS OF ILLEGAL
ALIENS AND CERTAIN CUBAN NATIONALS
Section 501
Section 501 contains an open ended allocation of such sums as
are necessary for the Attorney General to reimburse State and
local jurisdictions for incarceration and related costs of illegal
aliens and others.
Honorable Peter Rodino, Jr.
H.R. 3810 - Page 23
Comments
The Administration opposes reimbursement of state and local
costs of imprisoning illegal aliens. However, we will work with
state and local officials to assure the prompt removal of such
aliens upon completion of their sentences.
Conclusion
Finally, in response to requests from members of your Commit-
tee, we have submitted amendments to H.R. 3080, and we will be
submitting amendments to H.R. 3810. These amendments were prepar-
ed expressly at the request of members of Congress as a drafting
service and they do not necessarily represent the position of this
Department or this Administration.
The Department would like to reiterate its strong support for
immigration reform. We know that we share a mutual interest in
enacting legislation that will be most beneficial to the people of
the United States.
The Office of Management and Budget has advised that there 18
no objection to the submission of this report from the standpoint
of the Administration's program.
Sincerely,
John R. Bolton
Assistant Attorney General
8