[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3597 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3597

To amend the Immigration and Nationality Act to prohibit discrimination 
     in the issuance of nonimmigrant visas, and for other purposes.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 30, 1998

Mrs. Meek of Florida (for herself, Mr. Frank of Massachusetts, and Mr. 
   Watt of North Carolina) introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To amend the Immigration and Nationality Act to prohibit discrimination 
     in the issuance of nonimmigrant visas, 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. SHORT TITLE.

    This Act may be cited as the ``Fairness in Issuing of Visas Act of 
1998''.

SEC. 2. FINDINGS.

    The Congress finds as follows:
            (1) Section 202(a)(1) of the Immigration and Nationality 
        Act (8 U.S.C. 1152(a)(1)(A)) prohibits, subject to certain 
        statutory exceptions, discrimination in the issuance of an 
        immigrant visa because of a person's race, sex, nationality, 
        place of birth, or place of residence.
            (2) In December 1997, the United States District Court for 
        the District of Columbia found that, in issuing nonimmigrant 
        visas, consular officers use profiles based principally on the 
        race and national origin of the applicant, thereby placing an 
        additional burden on applicants of particular nationalities and 
        races.
            (3) The court found that the use of these profiles was 
        discriminatory because they were based on impermissible 
        generalizations and stereotypes.

SEC. 3. PROHIBITION ON DISCRIMINATION IN ISSUANCE OF NONIMMIGRANT 
              VISAS.

    Section 221 of the Immigration and Nationality Act (8 U.S.C. 1201) 
is amended by adding at the end the following:
    ``(j) Except as otherwise specifically authorized by law, no person 
shall receive any preference or priority or be discriminated against in 
the issuance of a nonimmigrant visa because of the person's race, sex, 
nationality, place of birth, or place of residence.''.

SEC. 4. REPORT.

    Not later than 1 year after the date of the enactment of this Act, 
the Secretary of State shall report to the Congress on the steps the 
Secretary has taken to eliminate prohibited discrimination in the 
issuance of immigrant and nonimmigrant visas.
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