"(b) The Secretary of State, the Secretary of Commerce, and the Secretary of Labor jointly shall, as soon as feasible after the enactment of this act, prepare a statement showing the number of individuals of the various nationalities resident in continental United States as determined by the United States census of 1890, which statement shall be the population basis for the purposes of subdivision (a) of section 11. In the case of a country recognized by the United States, but for which a separate enumeration was not made in the census of 1890, the number of individuals born in such country and resident in continental United States in 1890, as estimated by such officials jointly, shall be considered for the purposes of subdivision (a) of section 11 as having been determined by the United States census of 1890. In the case of a colony or dependency existing before 1890, but for which a separate enumeration was not made in the census of 1890, and which was not included in the enumeration for the country to which such colony or dependency belonged, or in the case of territory administered under a protectorate, the number of individuals born in such colony, dependency, or territory and resident in continental United States in 1890, as estimated by such officials jointly, shall be considered for the purpose of subdivision (a) of section 11 as having been determined by the United States census of 1890 to have been born in the country to which such colony or 'dependency belonged or which administers such protectorate.

"(c) In case of changes in political boundaries in foreign countries occurring subsequent to 1890 and resulting in the creation of new countries the governments of which are recognized by the United States, or in the establishment of self-governing dominions, or in the transfer of territory from one country to another, such transfer being recognized by the United States, or in the surrender by one country of territory the transfer of which to another country has not been recognized by the United States, or in the administration of territories under mandates, (1) such officials jointly shall estimate the number of individuals resident in continental United States in 1890 who were born within the area included in such new countries or self-governing dominions or in such territory so transferred or surrendered or administered under a mandate, and revise (for the purposes of subdivision (a) of section 11) the population basis as to each country involved in such change of political boundary. For the purpose of such revision and for the purpose of determining the nationality of an immigrant, (A) aliens born in the area included in any such new country or self-governing dominion shall be considered as having been born in such country or dominion, and aliens born in any territory so transferred shall be considered as having been born in the country to which such territory was transferred, and (B) territory so surrendered or administered under a mandate shall be treated as a separate country. Such treatment of territory administered under a mandate shall not constitute consent by the United States to the proposed mandate where the United States has not consented in a treaty to the administration of the territory by a mandatory power..

(d) The statements, estimates, and revisions provided in this section shall be made annually.

"(e) Such officials shall jointly report annually to the President the quota of each nationality under subdivision (a) of section 11, together with the statements, estimates, and revisions provided for in this section. The President shall proclaim and make known the quotas so reported, and thereafter such quotas shall continue, with the same effect as if specifically stated herein, for all fiscal years."

[S. 3019, Seventieth Congress, first session]

A BILL To amend the immigration laws, and for other purposes

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. (a) Section 11 of the immigration act of 1924, approved May 26, 1924, as amended, is amended to read as follows:

"SEC. 11. (a) (1) The percentage quota of any nationality (except as provided in paragraph (2) of this subdivision) shall be 2 per centum of the number of foreign-born individuals of such nationality resident in continental United States as determined by the United States census of 1890, but the minimum percentage quota of any such nationality shall be one hundred.

"(2) The percentage quota of each of the Dominion of Canada, Newfoundland, the Republic of Mexico, the Republic of Cuba, the Republic of Haiti, the Dominican Republic, the Canal Zone, and the independent countries of Central and South America, shall be 10 per centum of the number of foreign born individuals of such nationality resident in continental United States as determined by the United States census of 1890, but the minimum percentage quota of any such nationality shall be two thousand.

"(b) The national origin quota of any nationality shall be a number which bears the same ratio to one hundred and fifty thousand as the number of inhabitants in continental United States in 1920 having that national origin (ascertained as hereinafter provided in this section) bears to the number of inhabitants in continental United States in 1920, but the minimum national origin quota of any nationality shall be one hundred. No national origin quotas shall be determined in respect of any of the geographical areas specified in paragraph (2) of subdivision (a) of this section.

"(c) For the purpose of subdivision (b) of this section national origin shall be ascertained by determining as nearly as may be, in respect to each geographical area which under section 12 is to be treated as a separate country (except the geographical areas specified in paragraph (2) of subdivision (a) of this section) the number of inhabitants in continental United States in 1920 whose origin by birth or ancestry is attributable to such geographical area. Such determination shall not be made by tracing the ancestors or descendants of particular individuals, but shall be based upon statistics of immigration and emigration, together with rates of increase of population as shown by successive decennialy United States censuses, and such other data as may be found to be reliable. The determination provided for in this subdivision shall be made by the Secretary of State, the Secretary of Commerce, and the Secretary of Labor, jointly. In making such determination such officials may call for information and expert assistance from the Bureau of the Census.

"(d) For the purpose of subdivisions (b) and (c) of this section the term 'inhabitants in continental United States in 1920' does not include (1) immigrants from the geographical areas specified in paragraph (2) of subdivision (a) of this section or their descendants, (2) aliens ineligible to citizenship or their descendants, (3) the decendants of slave immigrants, or (4) the descendants of American aborigines.

"(e) In any fiscal year for which national origin quotas proclaimed under subdivision (f) of this section are in effect, the quota for any nationality (except the nationalities specified in paragraph (2) of subdivision (a) of this section) for such fiscal year shall be its national origin quota or its percentage quota, whichever is greater. The quota for any fiscal year of each of the nationalities specified in paragraph (2) of subdivision (a) of this section shall be the percentage quota. If for any reason national origin quotas are not in effect for any fiscal year, the quota of any nationality for such year shall be the percentage quota.

"(f) The Secretary of State, the Secretary of Commerce, and the Secretary of Labor, jointly, shall report annually to the President, in respect of each nationality (1) the percentage quota, (2) the national origin quota, and (3) the quota as determined under sbudivision (e) of this section, together with any statements, estimates, and revisions provided for in section 12. The President shall proclaim and make known the quotas so reported. The first proclamation of national origin quotas shall be made on or before April 1, 1928. If the proclamation is not made on or before such date national origin quotas proclaimed therein shall not be in effect for any fiscal year beginning before the expiration of ninety days after the date of the proclamation. After the making of a proclamation under this subdivision the quotas proclaimed therein shall be final and conclusive as to the respective quotas except (1) in so far as it is made to appear to the satisfaction of such officials and proclaimed by the President that an error of fact has occurred in the determination or in the proclamation, or (2) in the case provided for in subdivision (c) of section 12.

"(g) In making the report to the President under subdivision (f) of this section such officials shall not, except in the case specified in subdivision (c) of section 12, revise the quotas in effect for the fiscal year next preceding that in respect of which the proclamation is made; and if the proclamation of the President is not made more than ninety days before the beginning of the fiscal year for which the quotas contained in such proclamation are to be in effect, the quotas for the preceding fiscal year shall continue in effect through the fiscal year in respect of which such proclamation is made.

"(h) There shall be issued to quota immigrants of any nationality (1) no more immigration visas in any fiscal year than the quota, as determined under

subdivision (e) of this section, for such nationality, and. (2) in any calendar month of any fiscal year no more immigration visas than 10 per centum of the quota for such nationality, except that if such quota is less than three hundred the number to be issued in any calendar month shall be prescribed by the Commissioner General, with the approval of the Secretary of Labor, but the total number to be issued during the fiscal year shall not be in excess of the quota for such nationality.

"(i) Nothing in this act shall prevent the issuance (without increasing the total number of immigration visas which may be issued) of an immigration visa to an immigrant as a quota immigrant even though he is a nonquota immigrant.' (b) Subdivisions (d) and (e) of section 12 of such act, as amended, are repealed.

IMMIGRATION VISAS TO FAMILIES AS UNITS

SEC. 2. (a) The first sentence of subdivision (c) of section 2 of such act, as amended, is amended to read as follows:

"The validity of an immigration visa shall expire at the end of such period, specified in the immigration visa, not exceeding four months (except as provided in subdivision (f) of this section), as shall be by regulations prescribed. (b) Subdivision (f) of such section is amended by adding at the end thereof the following:

"No immigration visa shall be issued to an immigrant unless such visas are also issued to his wife and unmarried minor chilren under eighteen years of age, if any. The immigration visas issued to the wife and minor children shall be valid for the period of one year after the date of issuance, but the Commissioner General of Immigration, with the approval of the Secretary of Labor, may extend such time for a period not in excess of one year; except that in no event shall the immigration visas issued to the wife and minor children be valid beyond the expiration of the period of validity of the immigration visa issued to such immigrant, if he is not within such period admitted to the United States."

STUDENTS

SEC. 3. (a) Section 3 of such act, as amended, is amended by striking out "and" before "(6)" and inserting after "navigation" a comma and the following: "and (7) an immigrant who is a bona fide student at least fifteen years of age and who seeks to enter the United States solely for the purpose of study at an accredited school, college, academy, seminary, or university, particularly designated by him and approved by the Secretary of Labor, which shall have agreed to report to the Secretary of Labor the termination of attendance of each immigrant student, and if any such institution of learning fails to make such reports promptly the approval shall be withdrawn."

(b) Subdivision (e) of section 4 of such act, as amended, is repealed.

(c) Subdivision (c) of section 13 of such act, as amended, is amended by striking out "(b), (d), or (e)," and inserting in lieu thereof "(b) or (d)”.

(d) Section 15 of such act, as amended, is amended to read as follows: "SEC. 15. The admission to the United States of an alien excepted from the class of immigrants by clause (2), (3), (4), (5), (6), or (7) of section 3, shall be for such time as may be by regulations prescribed, and under such conditions as may be by regulations prescribed (including when deemed necessary for the classes mentioned in clause (2), (3), (4), (6), or (7) of section 3, the giving of bond with sufficient surety, in such sum and containing such conditions as may be by regulations prescribed) to insure that, at the expiration of such time or upon failure to maintain the status under which admitted, he will depart from the United States."

(e) The provisions of such act, as amended, which are modified or repealed by this section shall remain in force as to all aliens arriving in the United States prior to the time this section takes effect, as nonquota immigrants under the provisions of subdivision (e) of section 4 of such act.

PREFERENCES

SEC. 4. Subdivisions (a) and (b) of section 6 of such act, as amended, are amended to read as follows:

"(a) In the issuance of immigration visas to quota immigrants preference shall be given

"(1) To a quota immigrant who is the unmarried child under twenty-one years of age, the father, the mother, the husband, or the wife, of a citizen of the United States who is twenty-one years of age or over;

"(2) To a quota immigrant who is skilled in agriculture, and his wife, and his dependent children under the age of eighteen years, if accompanying or following to join him; but the preference provided in this paragraph shall not apply (a) to immigrants of any nationality the annual quota for which is less than three hundred, or (B) in any case unless specifically authorized by the Secretary of Labor upon a valid showing that the service of any such immigrant is needed in the United States, or that the immigrant seeks to enter the United States to engage in idependent agricultural pursuits;

"(3) To a quota immigrant who is a member of any recognized learned profession, and his wife, and his dependent children under the age of eighteen years, if accompanying or following to join him; but the preference provided in this paragraph shall not apply in any case unless specifically authorized by the Secretary of Labor upon a valid showing that the service of such immigrant is needed in the United States; and

"(4) To a quota immigrant in whose behalf the contract-labor provisions of the immigration laws have been waived, in the manner provided in section 3 of the immigration act of 1917, and his wife, and his dependent children under the age of eighteen years, if accompanying or following to join him; but the preference provided in this paragraph shall not apply in any case unless specifically authorized by the Secretary of Labor upon a valid showing that the service of such immigrant is needed in the United States.

"(b) The preference provided in subdivision (a) shall not in the case of quota immigrants of any nationality exceed 75 per centum of the annual quota for such nationality. Nothing in this section shall be construed to grant to the class of immigrants specified in paragraph (1), (2), (3), or (4) of subdivision (a) a priority in preference over any of the classes specified in the other paragraphs of such subdivision."

NORTH AMERICAN INDIANS

SEC. 5. Subdivision (c) of section 13 of such act, as amended, is amended by striking out "or" before " (3) and by adding after "3" the following: "or (4) is a North American Indian.'

STOWAWAYS

SEC. 6. (a) The owner, charterer, agent, consignee, or master of any vessel arriving in the United States from any place outside thereof, on board of which there is found any alien stowaway not presented to the immigration authorities for inspection, shall pay to the collector of customs of the custom district in which the port of arrival is located the sum of $1,000 for each such alien stowaway.

(b) No vessel shall be granted clearance pending the determination of the liability for such sums or while such sums remain unpaid, except that clearance may be granted prior to the determination of such question upon the deposit of an amount sufficient to cover such sums, or of a bond with sufficient surety to secure the payment thereof approved by the collector of customs.

(c) Such sums shall not be remitted or refunded, unless it appears to the satisfaction of the Secretary of Labor that the presence of such alien stowaway on board of such vessel could not have been discovered by such owner, charterer, agent, consignee, or master by the exercise of reasonable diligence at the port of departure or during the voyage.

UNITING FAMILIES

SEC. 7. (a) Subdivision (a) of section 4 of the immigration act of 1924, as amended, is amended to read as follows:

"(a) An immigrant who is

"(1) The unmarried child under eighteen years of age, or the wife, of a citizen of the United States who resides therein at the time of the filing of a petition urder section 9; or

"(2) The unmarried child under eighteen years of age, or the wife, of an alien who was legally admitted to the United States for permanent residence prior to July 1, 1924, and who resides therein at the time of the filing of a petition under section 9;'

(b) Subdivision (b) of section 9 of such act, as amended, is amended to read as follows:

"(b) Any resident of the United States claiming that any immigrant is his relative, and that such immigrant is properly admissible to the United States as a nonquota immigrant under the provisions of subdivision (a) of section 4 or is entitled to preference as a relative under section 6, may file with the Commissioner General a petition in such form as may be by regulations prescribed, stating (1) the petitioner's name and address; (2) if a citizen by birth, the date and place of his birth; (3) if a naturalized citizen, the date and place of his admission to citizenship and the number of his certificate, if any; (4) if an alien legally admitted to the United States prior to July 1, 1924, the date and place of his arrival in the United States; (5) the name and address of his employer or the address of his place of business or occupation if he is not an employee; (6) the degree of the relationship of the immigrant for whom such petition is made, and the names of all the places where such immigrant has resided prior to and at the time when the petition is filed; (7) that the petitioner is able to and will support the immigrant if necessary to prevent such immigrant from becoming a public charge; and (8) such additional information necessary to the proper enforcement of the immigration laws and the naturalization laws as may be by regulations prescribed."

"(c) The provisions of paragraph (2) of subdivision (a) of section 4 of such act, as amended by subdivision (a) of this section, shall not apply (1) in cases where marriage occurred subsequent to July 1, 1924, nor (2) unless immigration visas are issued to such wife and children within one year after the approval of this act. The total number of immigration visas issued to persons found to be nonquota immigrants under such paragraph (2) of subdivision (a) of section 4 of such act shall not exceed thirty thousand, and no application shall be filed under section 9 of such act, as amended, on account of such immigrants until after the date of the approval of this act. In making certifications under subdivision (e) of such section 9 of such act, preference shall be given to such applications in the order of filing, treating the day and hour of mailing, as shown by the postmark, as the time of filing.

SEASONAL LABOR

SEC. 8. The Commissioner General, with the approval of the Secretary of Labor, may during each of the fiscal years 1929 and 1930 admit temporarily as nonimmigrants, for periods of not more than six months, not to exceed ten thousand otherwise admissible aliens from each such country, who, if coming for permanent residence, would be chargeable to the quotas of the respective countires, to perform seasonal or emergency labor in the United States: Provided, That labor of like kind unemployed can not be found within a reasonable distance of the place where such labor is to be performed.

TIME OF TAKING EFFECT

SEC. 9. (a) Sections 2, 3, 4, and 7 of this act shall take effect on the ninetieth day after the date of its approval.

(b) The remainder of this act shall take effect upon the date of its approval, except that for the purposes of the immigration act of 1924 quotas for the fiscal year 1928 shall be determined under the provisions of such act without reference to the provisions of this act. If the proclamation of the President under subdivision (f) of section 11 of the immigration act of 1924, as amended by this act, is not made on or before April 1, 1928, quotas for the fiscal year 1929 shall be the quotas determined under the provisions of such act before its amendment by this act.

[S. 2920, Seventieth Congress, first session]

A BILL To repeal the national-origins provisions of the immigration act of 1924

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That subdivisions (b), (c), (d), and (e) of section 11 of the immigration act of 1924, as amended, are repealed.

Senator KEYES. The committee will please be in order.

There are several bills before us to be considered: One introduced by Senator Shipstead to repeal the national-origins provision