103D CONGRESS

1ST SESSION H. R. 783

AMENDMENT
In the Senate of the United States,

November 20 (legislative day, November 2), 1993.

Resolved, That the bill from the House of Representatives (H.R. 783) entitled ‘‘An Act to amend title III of the

Immigration and Nationality Act to make changes in the laws

rerlating to nationality and naturalization’’, do pass with the

following

AMENDMENT:

Strike out all after the enacting clause and insert:

1 SECTION 1. SHORT TITLE.

2 Titles I and III of this Act may be cited as the ‘‘Immi3 gration and Nationality Technical Corrections Act of

4 1993’’.
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1 SEC. 2. TABLE OF CONTENTS.

2 The table of contents of this Act is as follows:

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

Sec. 101. American Institute in Taiwan.

Sec. 102. Special immigrant status of retired officers and employees of international organizations.

Sec. 103. Treatment of Tibet under per country levels.

Sec. 104. Authority for Secretary of State to make refugee determinations.

Sec. 105. Clarification of certain grounds for exclusion and deportation.

Sec. 106. Labor market information pilot program for employment-based immigrants.

Sec. 107. United States citizens entering and departing on United States passports.

Sec. 108. Applications for visas.

Sec. 109. Limitations on performance of longshore work by alien crewmembers—

Alaska exception.

Sec. 110. Family unity and temporary protected status.

Sec. 111. Adjustment of status of certain representatives of foreign governments

and international organizations.

Sec. 112. Priority dates for aliens registered on the Western Hemisphere waiting

list.

Sec. 113. Other miscellaneous and technical corrections to immigration-related

provisions.

TITLE II—NATIONALITY AND NATURALIZATION AMENDMENTS OF

1993

Sec. 201. Short title.

Sec. 202. Equal treatment of women in conferring citizenship for children born

abroad.

Sec. 203. Nationals, but not citizens, at birth based on use of physical presence

instead of residence.

Sec. 204. Children born out of wedlock.

Sec. 205. Child born outside of the United States of an alien parent; conditions

for automatic citizenship.

Sec. 206. Naturalization of children on application of citizen parent.

Sec. 207. Former citizens of United States regaining United States citizenship.

Sec. 208. Intent to reside permanently in the United States after naturalization.

Sec. 209. Terminology relating to expatriation.

Sec. 210. Administrative and judicial determinations relating to loss of citizenship.

Sec. 211. Cancellation of United States passports and consular reports of birth.

Sec. 212. Report on citizenship of certain legalized aliens.

TITLE III—MISCELLANEOUS PROVISIONS

Sec. 301. Secretary of State to issue United States passports to United States

citizens and nationals only.

Sec. 302. Fraud and misuse of travel documents.

Sec. 303. Border Patrol Museum and Memorial Library Foundation.
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Sec. 304. Special immigrant status for certain aliens employed abroad.

1 TITLE I—TECHNICAL CORREC2 TIONS OF IMMIGRATION

3 LAWS

4 SEC. 101. AMERICAN INSTITUTE IN TAIWAN.

5 Section 101(a)(27)(D) of the Immigration and Nation6 ality Act (8 U.S.C. 1101(a)(27)(D)) is amended—

7 (1) by inserting ‘‘or of the American Institute in

8 Taiwan,’’ after ‘‘of the United States Government

9 abroad,’’; and

10 (2) by inserting ‘‘(or, in the case of the American

11 Institute in Taiwan, the Director thereof)’’ after

12 ‘‘Foreign Service establishment’’.

13 SEC. 102. SPECIAL IMMIGRANT STATUS OF RETIRED OFFI14 CERS AND EMPLOYEES OF INTERNATIONAL

15 ORGANIZATIONS.

16 Section 101(a)(27)(I)(iii) of the Immigration and Na17 tionality Act (8 U.S.C. 1101(a)(27)(I)(iii)) is amended by

18 striking subclause (II) and inserting in lieu thereof the fol19 lowing: ‘‘(II) files a petition for status under this subpara20 graph no later than six months after the date of such retire21 ment or six months after the date of enactment of the Immi22 gration and Nationality Technical Corrections Act of 1993,

23 whichever is later.’’.
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1 SEC. 103. TREATMENT OF TIBET UNDER PER COUNTRY

2 LEVELS.

3 (a) APPLICATION OF IMMIGRATION AND NATIONALITY

4 ACT.—The approval referred to in the first sentence of sec5 tion 202(b) of the Immigration and Nationality Act shall

6 be considered to have been granted, effective beginning with

7 fiscal year 1994, with respect to Tibet as a separate foreign

8 state, and not as a component or dependent area of another

9 foreign state.

10 (b) DEFINITION.—For purposes of this section, the

11 term ‘‘Tibet’’ refers to the territory encompassed by Tibet

12 as of October 1, 1949.

13 SEC. 104. AUTHORITY FOR SECRETARY OF STATE TO MAKE

14 REFUGEE DETERMINATIONS.

15 Section 207(c)(1) of the Immigration and Nationality

16 Act (8 U.S.C. 1157(c)(1)) is amended—

17 (1) by inserting ‘‘(A)’’ immediately after ‘‘(1)’’;

18 (2) by inserting ‘‘and subject to subparagraph

19 (B),’’ after ‘‘subsections (a) and (b),’’; and

20 (3) by adding at the end thereof the following:

21 ‘‘(B) The Secretary of State, together with the Attorney

22 General, shall develop procedures under which the Secretary

23 may determine individuals to be qualified for admission to

24 the United States as refugees. Such determinations may be

25 made by the Secretary of State in situations (defined by

26 the Attorney General together with the Secretary of State)
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1 in which the Attorney General does not have immediate ac2 cess to the individual under consideration for admission as

3 a refugee and cannot expeditiously determine whether such

4 individual is qualified for refugee admission.’’.

5 SEC. 105. CLARIFICATION OF CERTAIN GROUNDS FOR EX6 CLUSION AND DEPORTATION.

7 (a) EXCLUSION GROUNDS.—Section 212 of the Immi8 gration and Nationality Act (8 U.S.C. 1182) is amended—

9 (1) in subsection (a)(2)(A)(i)(I), by inserting ‘‘or

10 an attempt or conspiracy to commit that crime’’ after

11 ‘‘offense)’’,

12 (2) in subsection (a)(2)(A)(i)(II), by inserting

13 ‘‘or attempt’’ after ‘‘conspiracy’’, and

14 (3) in the last sentence of subsection (h), by in15 serting ‘‘, or an attempt or conspiracy to commit

16 murder or a criminal act involving torture’’ after

17 ‘‘torture’’.

18 (b) DEPORTATION GROUNDS.—Section 241(a) of such

19 Act (8 U.S.C. 1251(a)) is amended—

20 (1) in paragraph (2)(C)—

21 (A) by striking ‘‘in violation of any law,’’

22 and inserting ‘‘, or of attempting or conspiring

23 to purchase, sell, offer for sale, exchange, use

24 own, possess, or carry,’’, and
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1 (B) by inserting ‘‘in violation of any law’’

2 after ‘‘Code)’’; and

3 (2) in paragraph (3)(B), by inserting ‘‘an at4 tempt or’’ before ‘‘a conspiracy’’ each place it appears

5 in clauses (ii) and (iii).

6 (c) EFFECTIVE DATE.—The amendments made by this

7 section shall apply to convictions occurring before, on, or

8 after the date of the enactment of this Act.

9 SEC. 106. LABOR MARKET INFORMATION PILOT PROGRAM

10 FOR EMPLOYMENT-BASED IMMIGRANTS.

11 (a) PROGRAM MADE DISCRETIONARY.—Section

12 122(a)(1) of the Immigration Act of 1990 is amended by

13 striking from the first sentence ‘‘shall’’ and inserting

14 ‘‘may’’.

15 (b) CONFORMING AMENDMENT.—Section 122(a)(4) of

16 such Act is amended by striking ‘‘By’’ and inserting ‘‘In

17 the event a pilot program is established pursuant to this

18 subsection, by’’.

19 SEC. 107. UNITED STATES CITIZENS ENTERING AND DE20 PARTING ON UNITED STATES PASSPORTS.

21 (a) IN GENERAL.—Section 215(b) of the Immigration

22 and Nationality Act (8 U.S.C. 1185(b)) is amended by in23 serting ‘‘United States’’ after ‘‘valid’’.

24 (b) EFFECTIVE DATE.—The amendment made by sub25 section (a) shall apply to departures and entries (and at-
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1 tempts thereof) occurring on or after the date of enactment

2 of this Act.

3 SEC. 108. APPLICATIONS FOR VISAS.

4 (a) IN GENERAL.—The second sentence of section

5 222(a) of the Immigration and Nationality Act (8 U.S.C.

6 1202(a)) is amended—

7 (1) by striking ‘‘the immigrant’’ and inserting

8 ‘‘the alien’’, and

9 (2) by striking ‘‘present address’’ and all that

10 follows through ‘‘exempt from exclusion under the im11 migration laws;’’.

12 (b) EFFECTIVE DATE.—The amendments made by sub13 section (a) shall apply to applications made on or after the

14 date of the enactment of this Act.

15 SEC. 109. LIMITATIONS ON PERFORMANCE OF LONGSHORE

16 WORK BY ALIEN CREWMEMBERS—ALASKA EX17 CEPTION.

18 (a) ALASKA EXCEPTION.—Section 258 of the Immigra19 tion and Nationality Act (8 U.S.C. 1288) is amended—

20 (1) by redesignating subsection (d) as subsection

21 (e); and

22 (2) by inserting after subsection (c) the following

23 new subsection:

24 ‘‘(d) STATE OF ALASKA EXCEPTION.—(1) Subsection

25 (a) shall not apply to a particular activity of longshore
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1 work at a particular location in the State of Alaska if an

2 employer of alien crewmen has filed an attestation with the

3 Secretary of Labor at least 30 days before the date of the

4 first performance of the activity (or anytime up to 24 hours

5 before the first performance of the activity, upon a showing

6 that the employer could not have reasonably anticipated the

7 need to file an attestation for that location at that time)

8 setting forth facts and evidence to show that—

9 ‘‘(A) the employer will make a bona fide request

10 for United States longshore workers who are qualified

11 and available in sufficient numbers to perform the ac12 tivity at the particular time and location from the

13 parties to whom notice has been provided under

14 clauses (ii) and (iii) of subparagraph (D), except

15 that—

16 ‘‘(i) wherever two or more contract stevedor17 ing companies have signed a joint collective bar18 gaining agreement with a single labor organiza19 tion described in subparagraph (D)(i), the em20 ployer may request longshore workers from only

21 one of such contract stevedoring companies, and

22 ‘‘(ii) a request for longshore workers to an

23 operator of a private dock may be made only for

24 longshore work to be performed at that dock and

25 only if the operator meets the requirements of
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1 section 32 of the Longshoremen’s and Harbor

2 Workers’ Compensation Act (33 U.S.C. 932);

3 ‘‘(B) the employer will employ all those United

4 States longshore workers made available in response

5 to the request made pursuant to subparagraph (A)

6 who are qualified and available in sufficient numbers

7 and who are needed to perform the longshore activity

8 at the particular time and location;

9 ‘‘(C) the use of alien crewmembers for such activ10 ity is not intended or designed to influence an elec11 tion of a bargaining representative for workers in the

12 State of Alaska; and

13 ‘‘(D) notice of the attestation has been provided

14 by the employer to—

15 ‘‘(i) labor organizations which have been

16 recognized as exclusive bargaining representa17 tives of United States longshore workers within

18 the meaning of the National Labor Relations Act

19 and which make available or intend to make

20 available workers to the particular location

21 where the longshore work is to be performed,

22 ‘‘(ii) contract stevedoring companies which

23 employ or intend to employ United States

24 longshore workers at that location, and
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1 ‘‘(iii) operators of private docks at which

2 the employer will use longshore workers.

3 ‘‘(2)(A) An employer filing an attestation under para4 graph (1) who seeks to use alien crewmen to perform

5 longshore work shall be responsible while the attestation is

6 valid to make bona fide requests for United States longshore

7 workers under paragraph (1)(A) and to employ United

8 States longshore workers, as provided in paragraph (1)(B),

9 before using alien crewmen to perform the activity or activi10 ties specified in the attestation, except that an employer

11 shall not be required to request longshore workers from a

12 party if that party has notified the employer in writing

13 that it does not intend to make available United States

14 longshore workers to the location at which the longshore

15 work is to be performed.

16 ‘‘(B) If a party that has provided such notice subse17 quently notifies the employer in writing that it is prepared

18 to make available United States longshore workers who are

19 qualified and available in sufficient numbers to perform the

20 longshore activity to the location at which the longshore

21 work is to be performed, then the employer’s obligations to

22 that party under subparagraphs (A) and (B) of paragraph

23 (1) shall begin 60 days following the issuance of such notice.

24 ‘‘(3)(A) In no case shall an employer filing an attesta25 tion be required—
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1 ‘‘(i) to hire less than a full work unit of United

2 States longshore workers needed to perform the

3 longshore activity;

4 ‘‘(ii) to provide overnight accommodations for

5 the longshore workers while employed; or

6 ‘‘(iii) to provide transportation to the place of

7 work, except where—

8 ‘‘(I) surface transportation is available;

9 ‘‘(II) such transportation may be safely ac10 complished;

11 ‘‘(III) travel time to the vessel does not ex12 ceed one-half hour each way; and

13 ‘‘(IV) travel distance to the vessel from the

14 point of embarkation does not exceed 5 miles.

15 ‘‘(B) In the cases of Wide Bay, Alaska, and Klawock/

16 Craig, Alaska, the travel times and travel distances speci17 fied in subclauses (III) and (IV) of subparagraph (A) shall

be extended to 45 minutes and 71 18 ⁄2 miles, respectively, un19 less the party responding to the request for longshore work20 ers agrees to the lesser time and distance limitations speci21 fied in those subclauses.

22 ‘‘(4) Subject to subparagraphs (A) through (D) of sub23 section (c)(4), attestations filed under paragraph (1) of this

24 subsection shall—
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1 ‘‘(A) expire at the end of the 1-year period begin2 ning on the date the employer anticipates the

3 longshore work to begin, as specified in the attestation

4 filed with the Secretary of Labor, and

5 ‘‘(B) apply to aliens arriving in the United

6 States during such 1-year period if the owner, agent,

7 consignee, master, or commanding officer states in

8 each list under section 251 that it continues to com9 ply with the conditions in the attestation.

10 ‘‘(5)(A) Except as otherwise provided by subparagraph

11 (B), subsection (c)(3) and subparagraphs (A) through (E)

12 of subsection (c)(4) shall apply to attestations filed under

13 this subsection.

14 ‘‘(B) The use of alien crewmen to perform longshore

15 work in Alaska consisting of the use of an automated self16 unloading conveyor belt or vacuum-actuated system on a

17 vessel shall be governed by the provisions of subsection (c).

18 ‘‘(6) For purposes of this subsection—

19 ‘‘(A) the term ‘contract stevedoring companies’

20 means those stevedoring companies licensed to do

21 business in the State of Alaska that meet the require22 ments of section 32 of the Longshoremen’s and Harbor

23 Workers’ Compensation Act (33 U.S.C. 932); and

24 ‘‘(B) the term ‘employer’ includes any agent or

25 representative designated by the employer; and
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1 ‘‘(C) the terms ‘qualified’ and ‘available in suffi2 cient numbers’ shall be defined by reference to indus3 try standards in the State of Alaska, including safety

4 considerations.’’.

5 (b) CONFORMING AMENDMENTS.—

6 (1) Section 258(a) (8 U.S.C. 1288(a)) is amend7 ed by striking ‘‘subsection (c) or subsection (d)’’ and

8 inserting ‘‘subsection (c), (d), or (e)’’.

9 (2) Section 258(c)(4)(A) (8 U.S.C.

10 1288(c)(4)(A)) is amended by inserting ‘‘or subsection

11 (d)(1)’’ after ‘‘paragraph (1)’’ each of the two places

12 it appears.

13 (3) Section 258(c) (8 U.S.C. 1288(c)) is amended

14 by adding at the end the following new paragraph:

15 ‘‘(5) Except as provided in paragraph (5) of subsection

16 (d), this subsection shall not apply to longshore work per17 formed in the State of Alaska.’’.

18 (c) IMPLEMENTATION.—(1) The Secretary of Labor

19 shall prescribe such regulations as may be necessary to

20 carry out this section.

21 (2) Attestations filed pursuant to section 258(c) (8

22 U.S.C. 1288(c)) with the Secretary of Labor before the date

23 of enactment of this Act shall remain valid until 60 days

24 after the date of issuance of final regulations by the Sec25 retary under this section.
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1 SEC. 110. FAMILY UNITY AND TEMPORARY PROTECTED STA2 TUS.

3 (a) IN GENERAL.—Section 301(a) of the Immigration

4 Act of 1990 is amended by inserting after ‘‘May 5, 1988’’

5 the following: ‘‘(in the case of a relationship to a legalized

6 alien described in subsection (b)(2)(B) or (b)(2)(C)) or as

7 of December 1, 1988 (in the case of a relationship to a legal8 ized alien described in subsection (b)(2)(A))’’.

9 (b) EFFECTIVE DATE.—The amendment made by sub10 section (a) shall be deemed to have become effective as of

11 October 1, 1991.

12 SEC. 111. ADJUSTMENT OF STATUS OF CERTAIN REP13 RESENTATIVES OF FOREIGN GOVERNMENTS

14 AND INTERNATIONAL ORGANIZATIONS.

15 Section 13(c) of the Act of September 11, 1957 (8

16 U.S.C. 1255b(c)) is amended—

17 (1) by striking the third sentence; and

18 (2) in the fourth sentence, by striking ‘‘If neither

19 the Senate nor the House of Representatives passes

20 such a resolution within the time above specified the’’

21 and inserting ‘‘The’’.

22 SEC. 112. PRIORITY DATES FOR ALIENS REGISTERED ON

23 THE WESTERN HEMISPHERE WAITING LIST.

24 Section 9(b) of the Immigration and Nationality Act

25 Amendments of 1976 (Public Law 94–571) is hereby re26 pealed.
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1 SEC. 113. OTHER MISCELLANEOUS AND TECHNICAL COR2 RECTIONS TO IMMIGRATION-RELATED PROVI3 SIONS.

4 (a) Section 101(a)(27)(J)(i) of the Immigration and

5 Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by

6 striking ‘‘and has’’ and inserting ‘‘or whom such a court

7 has legally committed to, or placed under the custody of,

8 an agency or department of a State and who has’’.

9 (b)(1) The second sentence of section 201(b)(2)(A)(i)

10 of the Immigration and Nationality Act (8 U.S.C.

11 1151(b)(2)(A)(i)) is amended by inserting ‘‘(and each child

12 of the alien)’’ after ‘‘the alien’’.

13 (2) The second sentence of section 204(a)(1)(A) of such

14 Act (8 U.S.C. 1154(a)(1)(A)) is amended—

15 (A) by inserting ‘‘spouse’’ after ‘‘alien’’, and

16 (B) by inserting ‘‘of the alien (and the alien’s

17 children)’’ after ‘‘for classification’’.

18 (c) Section 203(b)(5) of the Immigration and Nation19 ality Act (8 U.S.C. 1153(b)(5)) is amended by striking

20 ‘‘TARGETTED’’, ‘‘TARGETTED’’, and ‘‘targetted’’ each place

21 each appears and inserting ‘‘TARGETED’’, ‘‘TARGETED’’,

22 and ‘‘targeted’’, respectively.

23 (d) Section 210(d)(3) of the Immigration and Nation24 ality Act (8 U.S.C. 1160(d)(3)) is amended by inserting

25 ‘‘the’’ before ‘‘Service’’ the first place it appears.
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1 (e) Section 212(d)(11) of the Immigration and Nation2 ality Act (8 U.S.C. 1182(d)(11)) is amended by striking

3 ‘‘voluntary’’ and inserting ‘‘voluntarily’’.

4 (f) Section 217(e)(1)(A) of the Immigration and Na5 tionality Act (8 U.S.C. 1187(e)(1)(A)) is amended by strik6 ing ‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’.

7 (g) Section 241(c) of the Immigration and Nationality

8 Act (8 U.S.C. 1251(c)) is amended by striking ‘‘or (3)(A)

9 of subsection 241(a)’’ and inserting ‘‘and (3)(A) of sub10 section (a)’’.

11 (h) Section 242(h) of the Immigration and Nationality

12 Act (8 U.S.C. 1252(h)) is amended by striking ‘‘Parole,,’’

13 and inserting ‘‘Parole,’’.

14 (i) Section 242B(c)(1) of the Immigration and Nation15 ality Act (8 U.S.C. 1252b(c)(1)) is amended by striking the

16 comma after ‘‘that’’.

17 (j) Section 244A(c)(2)(A)(iii)(III) of the Immigration

18 and Nationality Act (8 U.S.C. 1254a(c)(2)(A)(iii)(III)) is

19 amended—

20 (1) by striking ‘‘Paragraphs’’ and inserting

21 ‘‘paragraphs’’, and

22 (2) by striking ‘‘or (3)(E)’’ and inserting ‘‘and

23 (3)(E)’’.
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1 (k) Section 245(h)(2)(B) of the Immigration and Na2 tionality Act (8 U.S.C. 1255(h)(2)(B)) is amended by strik3 ing ‘‘or (3)(E)’’ and inserting ‘‘and (3)(E)’’.

4 (l)(1) Subparagraph (C) of section 245A(c)(7) of the

5 Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)),

6 as added by Public Law 102–140, is amended—

7 (A) by indenting it 2 additional ems to the

8 right; and

9 (B) by striking ‘‘subsection (B)’’ and inserting

10 ‘‘subparagraph (B)’’.

11 (2) Section 610(b) of Public Law 102–140 is amended

12 by striking ‘‘404(b)(2)(ii)’’ and ‘‘404(b)(2)(iii)’’ and insert13 ing ‘‘404(b)(1)(A)(ii)’’ and ‘‘404(b)(2)(A)(iii)’’, respec14 tively.

15 (m) Effective as of the date of the enactment of this

16 Act, section 246(a) of the Immigration and Nationality Act

17 (8 U.S.C. 1256(a)) is amended by striking the first 3 sen18 tences.

19 (n) Section 262(c) of the Immigration and Nationality

20 Act (8 U.S.C. 1302(c)) is amended by striking ‘‘subsection

21 (a) and (b)’’ and inserting ‘‘subsections (a) and (b)’’.

22 (o) Section 272(a) of the Immigration and Nationality

23 Act (8 U.S.C. 1322(a)) is amended by striking the comma

24 after ‘‘so afflicted’’.
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1 (p) The first sentence of section 273(b) of the Immigra2 tion and Nationality Act (8 U.S.C. 1323(b)) is amended

3 by striking ‘‘collector of customs’’ and inserting ‘‘Commis4 sioner’’.

5 (q) Section 274B(g)(2)(C) of the Immigration and Na6 tionality Act (8 U.S.C. 1324b(g)(2)(C)) is amended by

7 striking ‘‘an administrative law judge’’ and inserting ‘‘the

8 Special Counsel’’.

9 (r) Section 274C(b) of the Immigration and National10 ity Act (8 U.S.C. 1324c(b)) is amended by striking ‘‘title

11 V’’ and all that follows through ‘‘3481)’’and inserting

12 ‘‘chapter 224 of title 18, United States Code’’.

13 (s) Section 280(b)(1)(C) of the Immigration and Na14 tionality Act (8 U.S.C. 1330(b)(1)(C)) is amended by strik15 ing ‘‘maintainance’’ and inserting ‘‘maintenance’’.

16 (t) Effective as if included in the enactment of Public

17 Law 102–395, subsection (r) of section 286 of the Immigra18 tion and Nationality Act (8 U.S.C. 1356), as added by sec19 tion 112 of such Public Law, is amended—

20 (1) in the subsection heading, by striking

21 ‘‘Breached Bond/Detention Fund’’ and inserting

22 ‘‘BREACHED BOND/DETENTION FUND’’;

23 (2) in paragraph (1), by striking ‘‘(hereafter re24 ferred to as the Fund)’’ and inserting ‘‘(in this sub25 section referred to as the ‘Fund’)’’;
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1 (3) in paragraph (2), by striking ‘‘the Immigra2 tion and Nationality Act of 1952, as amended,’’ and

3 inserting ‘‘this Act’’;

4 (4) in paragraphs (4) and (6), by striking ‘‘the

5 Breached Bond/Detention’’;

6 (5) in paragraph (4), by striking ‘‘of this Act’’

7 and inserting ‘‘of Public Law 102–395’’;

8 (6) in paragraph (5), by striking ‘‘account’’ and

9 inserting ‘‘Fund’’; and

10 (7) in paragraph (6), by striking ‘‘Breached

11 Bond/Detention’’ each of the two places it appears.

12 (u) Section 310(b)(5)(A) of the Immigration and Na13 tionality Act (8 U.S.C. 1421(b)(5)(A)) is amended by strik14 ing ‘‘District Court’’ and inserting ‘‘district court’’.

15 (v) Effective December 12, 1991, section 313(a)(2) of

16 the Immigration and Nationality Act (8 U.S.C. 1424(a)(2))

17 is amended by striking ‘‘and’’ before ‘‘(F)’’ and inserting

18 ‘‘or’’.

19 (w) Section 333(b)(1) of the Immigration and Nation20 ality Act (8 U.S.C. 1444(b)(1)) is amended by striking

21 ‘‘249(a)’’ and inserting ‘‘249’’.

22 (x) Section 412(e)(7)(D) of the Immigration and Na23 tionality Act (8 U.S.C. 1522(e)(7)(D)) is amended by strik24 ing ‘‘paragraph (1) or (2) of’’.
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1 (y) Section 302(c) of the Immigration Act of 1990 is

2 amended by striking ‘‘effect’’ and inserting ‘‘affect’’.

3 (z) Effective as if included in the Miscellaneous and

4 Technical Immigration and Naturalization Amendments of

5 1991—

6 (1) section 303(a)(7)(B)(i) of such Act is amend7 ed by striking ‘‘paragraph (1)(A)’’ and inserting

8 ‘‘paragraph (1)(A)(i)’’;

9 (2) section 304(b)(2) of such Act is amended by

10 striking ‘‘paragraph (1)(B)’’ and inserting ‘‘sub11 section (c)(1)(B)’’;

12 (3) paragraph (1) of section 305(j) of such Act

13 is repealed (and section 407(d)(16)(C) of the Immi14 gration Act of 1990 shall read as if such paragraph

15 had not been enacted);

16 (4) paragraph (2) of section 306(b) of such Act

17 is amended to read as follows:

18 ‘‘(2) Section 538(a) of the Immigration Act of 1990

19 is amended by striking the comma after ‘Service’.’’;

20 (5) section 307(a)(6) of such Act is amended by

21 striking ‘‘immigrants’’ the first place it appears and

22 inserting ‘‘immigrant aliens’’;

23 (6) section 309(a)(3) of such Act is amended by

24 striking ‘‘paragraph (1) and (2)’’ and inserting

25 ‘‘paragraphs (1)(A) and (1)(B)’’;
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1 (7) section 309(b)(6)(F) of such Act is amended

2 by striking ‘‘210(a)(1)(B)(1)(B)’’ and inserting

3 ‘‘210(a)(B)(1)(B)’’;

4 (8) section 309(b)(8) of such Act is amended by

5 striking ‘‘274A(g)’’ and inserting ‘‘274A(h)’’; and

6 (9) section 310 of such Act is amended—

7 (A) by adding ‘‘and’’ at the end of para8 graph (1);

9 (B) by striking paragraph (2); and

10 (C) by redesignating paragraph (3) as

11 paragraph (2) and by striking ‘‘309(c)’’ and in12 serting ‘‘309(b)’’.

13 (aa) Effective as if included in section 4 of Public Law

14 102–110, section 161(c)(3) of the Immigration Act of 1990

15 is amended—

16 (1) by striking ‘‘alien described in section

17 203(a)(3) or 203(a)(6) of such Act’’ and inserting

18 ‘‘alien admitted for permanent residence as a pref19 erence immigrant under section 203(a)(3) or

20 203(a)(6) of such Act (as in effect before such date)’’;

21 and

22 (2) by striking ‘‘this section’’ and inserting ‘‘this

23 title’’.

24 (bb) Section 599E(c) of the Foreign Operations, Ex25 port Financing, and Related Programs Appropriations Act,
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1 1990 (Public Law 101–167) is amended by striking ‘‘and

2 subparagraphs’’ and inserting ‘‘or subparagraph’’.

3 (cc) Except as otherwise specifically provided in this

4 section, the amendments made by this section shall be effec5 tive as if included in the enactment of the Immigration Act

6 of 1990.

7 TITLE II—NATIONALITY AND

8 NATURALIZATION AMEND9 MENTS OF 1993

10 SEC. 201. SHORT TITLE.

11 This title may be cited as the ‘‘Nationality and Natu12 ralization Amendments of 1993’’.

13 SEC. 202. EQUAL TREATMENT OF WOMEN IN CONFERRING

14 CITIZENSHIP FOR CHILDREN BORN ABROAD.

15 (a) IN GENERAL.—Section 301 of the Immigration

16 and Nationality Act (8 U.S.C. 1401) is amended—

17 (1) by striking the period at the end of para18 graph (g) and inserting ‘‘; and’’, and

19 (2) by adding at the end the following new para20 graph:

21 ‘‘(h) a person born before noon (Eastern Stand22 ard Time) May 24, 1934, outside the limits and juris23 diction of the United States of an alien father and a

24 mother who is a citizen of the United States who,
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1 prior to the birth of such person, had resided in the

2 United States.’’.

3 (b) WAIVER OF RETENTION REQUIREMENTS.—Any

4 provision of law (including section 301(b) of the Immigra5 tion and Nationality Act (as in effect before October 10,

6 1978), and the provisos of section 201(g) of the Nationality

7 Act of 1940) that provided for a person’s loss of citizenship

8 or nationality if the person failed to come to, or reside or

9 be physically present in, the United States shall not apply

10 in the case of a person claiming United States citizenship

11 based on section 301(h) of the Immigration and Nationality

12 Act (as added by subsection (a)).

13 (c) RETROACTIVE APPLICATION.—(1) Except as pro14 vided in paragraph (2), the immigration and nationality

15 laws of the United States shall be applied (to persons born

16 before, on, or after the date of the enactment of this Act)

17 as though the amendment made by subsection (a), and sub18 section (b), had been in effect as of the date of their birth,

19 except that the retroactive application of the amendment

20 and that subsection shall not affect the validity of citizen21 ship of anyone who has obtained citizenship under section

22 1993 of the Revised Statutes (as in effect before the enact23 ment of the Act of May 24, 1934 (48 Stat. 797)).

24 (2) The retroactive application of the amendment

25 made by subsection (a), and subsection (b), shall not confer
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1 citizenship on, or affect the validity of any

2 denaturalization, deportation, or exclusion action against,

3 any person who is or was excludable from the United States

4 under section 212(a)(3)(E) of the Immigration and Nation5 ality Act (8 U.S.C. 1182(a)(3)(E))(or predecessor provi6 sion) or who was excluded from, or who would not have

7 been eligible for admission to, the United States under the

8 Displaced Persons Act of 1948 or under section 14 of the

9 Refugee Relief Act of 1953.

10 SEC. 203. NATIONALS, BUT NOT CITIZENS, AT BIRTH BASED

11 ON USE OF PHYSICAL PRESENCE INSTEAD OF

12 RESIDENCE.

13 (a) IN GENERAL.—Section 308(2) of the Immigration

14 and Nationality Act (8 U.S.C. 1408(2)) is amended by

15 striking ‘‘have had a residence’’ and inserting ‘‘were phys16 ically present’’.

17 (b) EFFECTIVE DATE.—The amendment made by sub18 section (a) shall apply to persons born on or after the date

19 of the enactment of this Act.

20 SEC. 204. CHILDREN BORN OUT OF WEDLOCK.

21 (a) IN GENERAL.—Section 309(c) of the Immigration

22 and Nationality Act (8 U.S.C. 1409(c)) is amended—

23 (1) by inserting ‘‘(1)’’ immediately after ‘‘(c)’’;

24 and
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1 (2) by adding at the end the following new para2 graph:

3 ‘‘(2) For the purpose of satisfying the physical presence

4 requirements of this subsection, the mother may include any

5 period during which she is physically present abroad as the

6 dependent unmarried daughter and a member of the house7 hold of a person—

8 ‘‘(A) honorably serving with the Armed Forces of

9 the United States; or

10 ‘‘(B) employed by the United States Government

11 or an international organization, as defined in sec12 tion 1 of the International Organizations Immunities

13 Act (59 Stat. 669; 22 U.S.C. 288).’’.

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a)(2) shall apply to mothers of persons born on or

16 after the date of the enactment of this Act.

17 SEC. 205. CHILD BORN OUTSIDE OF THE UNITED STATES OF

18 AN ALIEN PARENT; CONDITIONS FOR AUTO19 MATIC CITIZENSHIP.

20 (a) IN GENERAL.—Section 321(a)(3) of the Immigra21 tion and Nationality Act (8 U.S.C. 1432(a)(3)) is amended

22 by inserting ‘‘sole or joint’’ before ‘‘legal custody of the

23 child’’.
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1 (b) EFFECTIVE DATE.—The amendment made by sub2 section (a) shall apply to the awarding of custody before,

3 on, or after the date of enactment of this Act.

4 SEC. 206. NATURALIZATION OF CHILDREN ON APPLICATION

5 OF CITIZEN PARENT.

6 (a) IN GENERAL.—Section 322 of the Immigration

7 and Nationality Act (8 U.S.C. 1433) is amended to read

8 as follows:

9 ‘‘CHILD BORN OUTSIDE THE UNITED STATES; APPLICATION

10 FOR CERTIFICATE OF CITIZENSHIP REQUIREMENTS

11 ‘‘SEC. 322. (a) A parent who is a citizen of the United

12 States may apply to the Attorney General for a certificate

13 of citizenship on behalf of a child born outside the United

14 States. The Attorney General shall issue such a certificate

15 of citizenship upon proof to the satisfaction of the Attorney

16 General that the following conditions have been fulfilled:

17 ‘‘(1) At least one parent is a citizen of the Unit18 ed States, whether by birth or naturalization.

19 ‘‘(2) The child is physically present in the Unit20 ed States pursuant to a lawful admission.

21 ‘‘(3) The child is under the age of 18 years and

22 in the legal custody of the citizen parent.

23 ‘‘(4) If the citizen parent is an adoptive parent

24 of the child, the child was adopted by the citizen par25 ent before the child reached the age of 16 years and
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1 the child meets the requirements for being a child

2 under subparagraph (E) or (F) of section 101(b)(1).

3 ‘‘(5) If the citizen parent has not been physically

4 present in the United States or its outlying posses5 sions for a period or periods totaling not less than

6 five years, at least two of which were after attaining

7 the age of fourteen years—

8 ‘‘(A) the child is residing permanently in

9 the United States with the citizen parent, pursu10 ant to a lawful admission for permanent resi11 dence, or

12 ‘‘(B) a citizen parent of the citizen parent

13 has been physically present in the United States

14 or its outlying possessions for a period or periods

15 totaling not less than five years, at least two of

16 which were after attaining the age of fourteen

17 years.

18 ‘‘(b) Upon approval of the application (which may be

19 filed abroad) and, except as provided in the last sentence

20 of section 337(a), upon taking and subscribing before an

21 officer of the Service within the United States to the oath

22 of allegiance required by this Act of an applicant for natu23 ralization, the child shall become a citizen of the United

24 States and shall be furnished by the Attorney General with

25 a certificate of citizenship.
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1 ‘‘(c) Subsection (a) of this section shall apply to the

2 adopted child of a United States citizen adoptive parent

3 if the conditions specified in such subsection have been ful4 filled.’’.

5 (b) CONFORMING AMENDMENT.—Subsection (c) of sec6 tion 341 of such Act (8 U.S.C. 1452) is repealed.

7 (c) CLERICAL AMENDMENT.—The item in the table of

8 contents of such Act relating to section 322 is amended to

9 read as follows:

‘‘Sec. 322. Child born outside the United States; application for certificate of citizenship requirements.’’.

10 (d) EFFECTIVE DATE.—The amendments made by this

11 section shall take effect on the first day of the first month

12 beginning more than 120 days after the date of the enact13 ment of this Act.

14 SEC. 207. FORMER CITIZENS OF UNITED STATES REGAIN15 ING UNITED STATES CITIZENSHIP.

16 (a) IN GENERAL.—Section 324 of the Immigration

17 and Nationality Act (8 U.S.C. 1435) is amended by adding

18 at the end the following new subsection:

19 ‘‘(d)(1) A person who was a citizen of the United

20 States at birth and lost such citizenship for failure to meet

21 the physical presence retention requirements under section

22 301(b) (as in effect before October 10, 1978), shall, from

23 and after taking the oath of allegiance required by section

24 337 be a citizen of the United States and have the status
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1 of a citizen of the United States by birth, without filing

2 an application for naturalization, and notwithstanding

3 any of the other provisions of this title except the provisions

4 of section 313. Nothing in this subsection or any other pro5 vision of law shall be construed as conferring United States

6 citizenship retroactively upon such person during any pe7 riod in which such person was not a citizen.

8 ‘‘(2) The provisions of paragraphs (2) and (3) of sub9 section (c) shall apply to a person regaining citizenship

10 under paragraph (1) in the same manner as they apply

11 under subsection (c)(1).’’.

12 (b) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall take effect on the first day of the first

14 month beginning more than 120 days after the date of the

15 enactment of this Act.

16 SEC. 208. INTENT TO RESIDE PERMANENTLY IN THE UNIT17 ED STATES AFTER NATURALIZATION.

18 (a) IN GENERAL.—Section 338 of the Immigration

19 and Nationality Act (8 U.S.C. 1449) is amended by strik20 ing ‘‘intends to reside permanently in the United States,

21 except in cases falling within the provisions of section

22 324(a) of this title,’’.

23 (b) CONFORMING REPEAL.—Section 340(d) of such Act

24 (8 U.S.C. 1451(d)) is repealed.
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1 (c) CONFORMING REDESIGNATION.—Section 340 of

2 such Act (8 U.S.C. 1451) is amended—

3 (1) by redesignating subsections (e), (f), (g), (h),

4 and (i) as subsections (d), (e), (f), (g), and (h), re5 spectively; and

6 (2) in subsection (d) (as redesignated), by strik7 ing ‘‘subsections (c) or (d)’’ and inserting ‘‘subsection

8 (c)’’.

9 (d) CONFORMING AMENDMENT.—Section 405 of the

10 Immigration Act of 1990 is amended by striking subsection

11 (b).

12 (e) EFFECTIVE DATE.—The amendment made by sub13 section (a) shall apply to persons admitted to citizenship

14 on or after the date of enactment of this Act.

15 SEC. 209. TERMINOLOGY RELATING TO EXPATRIATION.

16 (a) IN GENERAL.—Section 351 of the Immigration

17 and Nationality Act (8 U.S.C. 1483) is amended—

18 (1) in the heading, by striking ‘‘EXPATRIATION’’

19 and inserting ‘‘LOSS OF NATIONALITY’’;

20 (2) in subsection (a)—

21 (A) by striking ‘‘expatriate himself, or be

22 expatriated’’ and inserting ‘‘can lose United

23 States nationality’’, and

24 (B) by striking ‘‘expatriation’’ and insert25 ing ‘‘loss of nationality’’; and
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1 (3) in subsection (b), by striking ‘‘expatriated

2 himself’’ and inserting ‘‘lost United States national3 ity’’.

4 (b) CLERICAL AMENDMENT.—The item in the table of

5 contents of such Act relating to section 351 is amended to

6 read as follows:

‘‘Sec. 351. Restrictions on loss of nationality.’’.

7 SEC. 210. ADMINISTRATIVE AND JUDICIAL DETERMINA8 TIONS RELATING TO LOSS OF CITIZENSHIP.

9 (a) FINAL ADMINISTRATIVE DETERMINATIONS.—Sec10 tion 358 of the Immigration and Nationality Act (8 U.S.C.

11 1501) is amended by adding at the end the following new

12 sentence: ‘‘Approval by the Secretary of State of a certificate

13 under this section shall constitute a final administrative

14 determination of loss of United States nationality under

15 this Act, subject to such procedures for administrative ap16 peal as the Secretary may prescribe by regulation, and also

17 shall constitute a denial of a right or privilege of United

18 States nationality for purposes of section 360.’’.

19 (b) JUDICIAL PROCEEDINGS.—Subsections (a) and (b)

20 of section 360 of such Act (8 U.S.C. 1503) are each amended

21 by inserting ‘‘, including approval of a certificate in ac22 cordance with section 358,’’ after ‘‘official thereof,’’.
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1 SEC. 211. CANCELLATION OF UNITED STATES PASSPORTS

2 AND CONSULAR REPORTS OF BIRTH.

3 (a) IN GENERAL.—Title III of the Immigration and

4 Nationality Act is amended by adding at the end the follow5 ing new section:

6 ‘‘CANCELLATION OF UNITED STATES PASSPORTS AND

7 CONSULAR REPORTS OF BIRTH

8 ‘‘SEC. 361. (a) The Secretary of State is authorized

9 to cancel any United States passport or Consular Report

10 of Birth, or certified copy thereof, if it appears that such

11 document was illegally, fraudulently, or erroneously ob12 tained from, or was created through illegality or fraud

13 practiced upon, the Secretary. The person for or to whom

14 such document has been issued or made shall be given at

15 such person’s last known address written notice of the inten16 tion to cancel such document, together with the reasons

17 therefor, and shall be given at least 60 days in which to

18 show, pursuant to such regulation as the Secretary may

19 prescribe, why such document should not be canceled. The

20 cancellation under this section of any document purporting

21 to show the citizenship status of the person to whom it was

22 issued shall affect only the document and not the citizenship

23 status of the person in whose name the document was is24 sued.

25 ‘‘(b) For purposes of this section, the term ‘Consular

26 Report of Birth’ refers to the report, designated as a ‘Report
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1 of Birth Abroad of a Citizen of the United States’, issued

2 by a consular officer to document a citizen born abroad.’’.

3 (b) CLERICAL AMENDMENT.—The table of contents is

4 amended by inserting after the item relating to section 360

5 the following new item:

‘‘Sec. 361. Cancellation of United States passports and Consular Reports of

Birth.’’.

6 SEC. 213. REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED

7 ALIENS.

8 Not later than June 30, 1996, the Commissioner of the

9 Immigration and Naturalization Service shall prepare and

10 submit to the Congress a report concerning the citizenship

11 status of aliens legalized under section 245A and section

12 210 of the Immigration and Nationality Act. Such report

13 shall include the following information by district office for

14 each national origin group:

15 (1) The number of applications for citizenship

16 filed.

17 (2) The number of applications approved.

18 (3) The number of applications denied.

19 (4) The number of applications pending.
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1 TITLE III—MISCELLANEOUS

2 PROVISIONS

3 SEC. 301. SECRETARY OF STATE TO ISSUE UNITED STATES

4 PASSPORTS TO UNITED STATES CITIZENS

5 AND NATIONALS ONLY.

6 Section 2 of the Act of June 14, 1902 (32 Stat. 386;

7 22 U.S.C. 212) is amended by striking ‘‘for any other per8 sons than those owing allegiance, whether citizens or not,

9 to the United States’’ and inserting ‘‘for any person other

10 than a citizen or national of the United States.’’.

11 SEC. 302. FRAUD AND MISUSE OF TRAVEL DOCUMENTS.

12 (a) IN GENERAL.—Title 18 of the United States Code

13 is amended—

14 (1) in section 911—

15 (A) by striking ‘‘not more than $1,000’’ and

16 inserting ‘‘under this title’’; and

17 (B) by striking ‘‘three years’’ and inserting

18 ‘‘six years’’;

19 (2) in section 1001—

20 (A) by striking ‘‘not more than $10,000’’

21 and inserting ‘‘under this title’’; and

22 (B) by striking ‘‘five years’’ and inserting

23 ‘‘ten years’’;

24 (3) in section 1541—
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1 (A) by striking ‘‘not more than $500’’ and

2 inserting ‘‘under this title’’; and

3 (B) by striking ‘‘one year’’ and inserting

4 ‘‘ten years’’;

5 (4) in section 1542—

6 (A) by striking ‘‘not more than $2,000’’ and

7 inserting ‘‘under this title’’; and

8 (B) by striking ‘‘five years’’ and inserting

9 ‘‘ten years’’;

10 (5) in section 1543—

11 (A) by striking ‘‘not more than $2,000’’ and

12 inserting ‘‘under this title’’; and

13 (B) by striking ‘‘five years’’ and inserting

14 ‘‘ten years’’;

15 (6) in section 1544—

16 (A) by striking ‘‘not more than $2,000’’ and

17 inserting ‘‘under this title’’; and

18 (B) by striking ‘‘five years’’ and inserting

19 ‘‘ten years’’; and

20 (7) in section 1545—

21 (A) by striking ‘‘not more than $2,000’’ and

22 inserting ‘‘under this title’’; and

23 (B) by striking ‘‘three years’’ and inserting

24 ‘‘five years’’.
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1 (b) EFFECTIVE DATE.—The amendments made by sub2 section (a) shall apply to offenses committed on or after

3 the date of enactment of this Act.

4 SEC. 303. BORDER PATROL MUSEUM AND MEMORIAL LI5 BRARY FOUNDATION.

6 (a) AUTHORITY.—Notwithstanding section 203 of the

7 Federal Property and Administrative Services Act of 1949

8 (40 U.S.C. 484) or any other provision of law, the Attorney

9 General is authorized to transfer to the Border Patrol Mu10 seum and Memorial Library Foundation, incorporated in

11 the State of Texas—

12 (1) such equipment, artifacts, and memorabilia

13 held by the Immigration and Naturalization Service,

14 and

15 (2) such real property of the United States,

16 as the Attorney General may determine is necessary to fur17 ther the purposes of the Museum and Foundation.

18 (b) TECHNICAL ASSISTANCE.—The Attorney General

19 is authorized to provide technical assistance, through the

20 detail of personnel of the Immigration and Naturalization

21 Service, to the Border Patrol Museum and Memorial Li22 brary Foundation for the purpose of demonstrating the use

23 of the items transferred under subsection (a).
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1 SEC. 304. SPECIAL IMMIGRANT STATUS FOR CERTAIN

2 ALIENS EMPLOYED ABROAD.

3 (a) IN GENERAL.—An alien lawfully admitted to the

4 United States for permanent residence shall be considered,

5 for purposes of section 101(a)(27)(A) of the Immigration

6 and Nationality Act (8 U.S.C. 1101(a)(27)(A)), to be tem7 porarily visiting abroad during any period before, on, or

8 after the date of enactment of this Act in which the alien

9 is employed by the American University of Beirut or by

10 Beirut University College.

11 (b) REPEAL.—Private Law 98–53 (8 U.S.C. 1101

12 note) is hereby repealed.

Attest:

Secretary.
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