In the House of Representatives, U. S.,

September 20, 1994.

Resolved, That the House agree to the amendment of

the Senate to the bill (H.R. 783) entitled ‘‘An Act to amend

title III of the Immigration and Nationality Act to make

changes in the laws relating to nationality and naturalization’’, with the following

AMENDMENT:

In lieu of the matter inserted by said amendment, insert:

1 SECTION 1. SHORT TITLE.

2 This Act may be cited as the ‘‘Immigration and Na3 tionality Technical Corrections Act of 1994’’.

4 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—NATIONALITY AND NATURALIZATION

Sec. 101. Equal treatment of women in conferring citizenship to children born

abroad.

Sec. 102. Naturalization of children on application of citizen parent.

Sec. 103. Former citizens of United States regaining United States citizenship.

Sec. 104. Intent to reside permanently in the United States after naturalization.

Sec. 105. Terminology relating to expatriation.

Sec. 106. Administrative and judicial determinations relating to loss of citizenship.

Sec. 107. Cancellation of United States passports and consular reports of birth.

Sec. 108. Expanding waiver of the Government knowledge, United States history,

and English language requirements for naturalization.

Sec. 109. Report on citizenship of certain legalized aliens.
2

•HR 783 EAH

TITLE II—TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

Sec. 201. American Institute in Taiwan.

Sec. 202. G–4 special immigrants.

Sec. 203. Clarification of certain grounds for exclusion and deportation.

Sec. 204. United States citizens entering and departing on United States passports.

Sec. 205. Applications for visas.

Sec. 206. Family unity.

Sec. 207. Technical amendment regarding one-house veto.

Sec. 208. Authorization of appropriations for refugee assistance for fiscal years

1995, 1996, and 1997.

Sec. 209. Fines for unlawful bringing of aliens into the United States.

Sec. 210. Extension of visa waiver pilot program.

Sec. 211. Creation of probationary status for participant countries in the visa

waiver pilot program.

Sec. 212. Technical changes to numerical limitations concerning certain special

immigrants.

Sec. 213. Extension of telephone employment verification system.

Sec. 214. Extension of expanded definition of special immigrant for religious

workers.

Sec. 215. Extension of off-campus work authorization for students.

Sec. 216. Eliminating obligation of carriers to detain stowaways.

Sec. 217. Completing use of visas provided under diversity transition program.

Sec. 218. Effect on preference date of application for labor certification.

Sec. 219. Other miscellaneous and technical corrections to immigration-related

provisions.

1 TITLE I—NATIONALITY AND

2 NATURALIZATION

3 SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING

4 CITIZENSHIP TO CHILDREN BORN ABROAD.

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

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

7 (1) by striking the period at the end of para8 graph (g) and inserting ‘‘; and’’, and

9 (2) by adding at the end the following new para10 graph:

11 ‘‘(h) a person born before noon (Eastern Stand12 ard Time) May 24, 1934, outside the limits and juris-
3

•HR 783 EAH

1 diction of the United States of an alien father and a

2 mother who is a citizen of the United States who,

3 prior to the birth of such person, had resided in the

4 United States.’’.

5 (b) WAIVER OF RETENTION REQUIREMENTS.—Any

6 provision of law (including section 301(b) of the Immigra7 tion and Nationality Act (as in effect before October 10,

8 1978), and the provisos of section 201(g) of the Nationality

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

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

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

12 in the case of a person claiming United States citizenship

13 based on such person’s descent from an individual described

14 in section 301(h) of the Immigration and Nationality Act

15 (as added by subsection (a)).

16 (c) RETROACTIVE APPLICATION.—(1) Except as pro17 vided in paragraph (2), the immigration and nationality

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

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

20 as though the amendment made by subsection (a), and sub21 section (b), had been in effect as of the date of their birth,

22 except that the retroactive application of the amendment

23 and that subsection shall not affect the validity of citizen24 ship of anyone who has obtained citizenship under section
4

•HR 783 EAH

1 1993 of the Revised Statutes (as in effect before the enact2 ment of the Act of May 24, 1934 (48 Stat. 797)).

3 (2) The retroactive application of the amendment

4 made by subsection (a), and subsection (b), shall not confer

5 citizenship on, or affect the validity of any

6 denaturalization, deportation, or exclusion action against,

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

8 under section 212(a)(3)(E) of the Immigration and Nation9 ality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provi10 sion) or who was excluded from, or who would not have

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

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

13 Refugee Relief Act of 1953.

14 (d) APPLICATION TO TRANSMISSION OF CITIZEN15 SHIP.—This section, the amendments made by this section,

16 and any retroactive application of such amendments shall

17 not effect any residency or other retention requirements for

18 citizenship as in effect before October 10, 1978, with respect

19 to the transmission of citizenship.

20 SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION

21 OF CITIZEN PARENT.

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

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

24 as follows:
5

•HR 783 EAH

1 ‘‘CHILD BORN OUTSIDE THE UNITED STATES; APPLICATION

2 FOR CERTIFICATE OF CITIZENSHIP REQUIREMENTS

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

4 States may apply to the Attorney General for a certificate

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

6 States. The Attorney General shall issue such a certificate

7 of citizenship upon proof to the satisfaction of the Attorney

8 General that the following conditions have been fulfilled:

9 ‘‘(1) At least one parent is a citizen of the

10 United States, whether by birth or naturalization.

11 ‘‘(2) The child is physically present in the

12 United States pursuant to a lawful admission.

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

14 in the legal custody of the citizen parent.

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

16 of the child, the child was adopted by the citizen par17 ent before the child reached the age of 16 years and

18 the child meets the requirements for being a child

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

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

21 present in the United States or its outlying posses22 sions for a period or periods totaling not less than

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

24 the age of fourteen years—
6

•HR 783 EAH

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

2 the United States with the citizen parent, pursu3 ant to a lawful admission for permanent resi4 dence, or

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

6 has been physically present in the United States

7 or its outlying possessions for a period or periods

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

9 which were after attaining the age of fourteen

10 years.

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

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

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

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

15 of allegiance required by this Act of an applicant for natu16 ralization, the child shall become a citizen of the United

17 States and shall be furnished by the Attorney General with

18 a certificate of citizenship.

19 ‘‘(c) Subsection (a) of this section shall apply to the

20 adopted child of a United States citizen adoptive parent

21 if the conditions specified in such subsection have been ful22 filled.’’.

23 (b) CONFORMING AMENDMENT.—Subsection (c) of sec24 tion 341 of such Act (8 U.S.C. 1452) is repealed.
7

•HR 783 EAH

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

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

3 read as follows:

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

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

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

6 beginning more than 120 days after the date of the enact7 ment of this Act.

8 SEC. 103. FORMER CITIZENS OF UNITED STATES REGAIN9 ING UNITED STATES CITIZENSHIP.

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

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

12 at the end the following new subsection:

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

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

15 the physical presence retention requirements under section

16 301(b) (as in effect before October 10, 1978), shall, from

17 and after taking the oath of allegiance required by section

18 337 be a citizen of the United States and have the status

19 of a citizen of the United States by birth, without filing

20 an application for naturalization, and notwithstanding

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

22 of section 313. Nothing in this subsection or any other pro23 vision of law shall be construed as conferring United States
8

•HR 783 EAH

1 citizenship retroactively upon such person during any pe2 riod in which such person was not a citizen.

3 ‘‘(2) The provisions of paragraphs (2) and (3) of sub4 section (c) shall apply to a person regaining citizenship

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

6 under subsection (c)(1).’’.

7 (b) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall take effect on the first day of the first

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

10 enactment of this Act.

11 SEC. 104. INTENT TO RESIDE PERMANENTLY IN THE

12 UNITED STATES AFTER NATURALIZATION.

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

14 and Nationality Act (8 U.S.C. 1449) is amended by strik15 ing ‘‘intends to reside permanently in the United States,

16 except in cases falling within the provisions of section

17 324(a) of this title,’’.

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

19 (8 U.S.C. 1451(d)) is repealed.

20 (c) CONFORMING REDESIGNATION.—Section 340 of

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

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

23 and (i) as subsections (d), (e), (f), (g), and (h), re24 spectively; and
9

•HR 783 EAH

1 (2) in subsection (d) (as redesignated), by strik2 ing ‘‘subsections (c) or (d)’’ and inserting ‘‘subsection

3 (c)’’.

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

5 Immigration Act of 1990 is amended by striking subsection

6 (b).

7 (e) EFFECTIVE DATE.—The amendment made by sub8 section (a) shall apply to persons admitted to citizenship

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

10 SEC. 105. TERMINOLOGY RELATING TO EXPATRIATION.

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

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

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

14 and inserting ‘‘LOSS OF NATIONALITY’’;

15 (2) in subsection (a)—

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

17 expatriated’’ and inserting ‘‘lose United States

18 nationality’’, and

19 (B) by striking ‘‘expatriation’’ and insert20 ing ‘‘loss of nationality’’; and

21 (3) in subsection (b), by striking ‘‘expatriated

22 himself’’ and inserting ‘‘lost United States national23 ity’’.
10

•HR 783 EAH

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

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

3 read as follows:

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

4 SEC. 106. ADMINISTRATIVE AND JUDICIAL DETERMINA5 TIONS RELATING TO LOSS OF CITIZENSHIP.

6 Section 358 of the Immigration and Nationality Act

7 (8 U.S.C. 1501) is amended by adding at the end the follow8 ing new sentence: ‘‘Approval by the Secretary of State of

9 a certificate under this section shall constitute a final ad10 ministrative determination of loss of United States nation11 ality under this Act, subject to such procedures for adminis12 trative appeal as the Secretary may prescribe by regulation,

13 and also shall constitute a denial of a right or privilege

14 of United States nationality for purposes of section 360.’’.

15 SEC. 107. CANCELLATION OF UNITED STATES PASSPORTS

16 AND CONSULAR REPORTS OF BIRTH.

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

18 Nationality Act is amended by adding at the end the follow19 ing new section:

20 ‘‘CANCELLATION OF UNITED STATES PASSPORTS AND

21 CONSULAR REPORTS OF BIRTH

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

23 to cancel any United States passport or Consular Report

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

25 document was illegally, fraudulently, or erroneously ob-
11

•HR 783 EAH

1 tained from, or was created through illegality or fraud

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

3 such document has been issued or made shall be given, at

4 such person’s last known address, written notice of the can5 cellation of such document, together with the procedures for

6 seeking a prompt post-cancellation hearing. The cancella7 tion under this section of any document purporting to show

8 the citizenship status of the person to whom it was issued

9 shall affect only the document and not the citizenship status

10 of the person in whose name the document was issued.

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

12 Report of Birth’ refers to the report, designated as a ‘Report

13 of Birth Abroad of a Citizen of the United States’, issued

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

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

16 amended by inserting after the item relating to section 360

17 the following new item:

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

Birth.’’.

18 SEC. 108. EXPANDING WAIVER OF THE GOVERNMENT

19 KNOWLEDGE, UNITED STATES HISTORY, AND

20 ENGLISH LANGUAGE REQUIREMENTS FOR

21 NATURALIZATION.

22 (a) IN GENERAL.—Section 312 of the Immigration

23 and Nationality Act (8 U.S.C. 1423) is amended—

24 (1) by inserting ‘‘(a)’’ after ‘‘312.’’,
12

•HR 783 EAH

1 (2) by striking ‘‘this requirement’’ and all that

2 follows through ‘‘That’’,

3 (3) by striking ‘‘this section’’ and inserting ‘‘this

4 paragraph’’, and

5 (4) by adding at the end the following new sub6 section:

7 ‘‘(b)(1) The requirements of subsection (a) shall not

8 apply to any person who is unable because of physical or

9 developmental disability or mental impairment to comply

10 therewith.

11 ‘‘(2) The requirement of subsection (a)(1) shall not

12 apply to any person who, on the date of the filing of the

13 person’s application for naturalization as provided in sec14 tion 334, either—

15 ‘‘(A) is over fifty years of age and has been liv16 ing in the United States for periods totalling at least

17 twenty years subsequent to a lawful admission for

18 permanent residence, or

19 ‘‘(B) is over fifty-five years of age and has been

20 living in the United States for periods totaling at

21 least fifteen years subsequent to a lawful admission

22 for permanent residence.

23 ‘‘(3) The Attorney General, pursuant to regulations,

24 shall provide for special consideration, as determined by the

25 Attorney General, concerning the requirement of subsection
13

•HR 783 EAH

1 (a)(2) with respect to any person who, on the date of the

2 filing of the person’s application for naturalization as pro3 vided in section 334, is over sixty-five years of age and has

4 been living in the United States for periods totaling at least

5 twenty years subsequent to a lawful admission for perma6 nent residence.’’.

7 (b) CONFORMING AMENDMENTS.—Section

8 245A(b)(1)(D) of such Act (8 U.S.C. 1254a(b)(1)(D)) is

9 amended by striking ‘‘312’’ each place it appears and in10 serting ‘‘312(a)’’.

11 (c) EFFECTIVE DATE.—The amendments made by sub12 section (a) shall take effect on the date of the enactment

13 of this Act and shall apply to applications for naturaliza14 tion filed on or after such date and to such applications

15 pending on such date.

16 (d) REGULATIONS.—Not later than 120 days after the

17 date of enactment of this Act, the Attorney General shall

18 promulgate regulations to carry out section 312(b)(3) of the

19 Immigration and Nationality Act (as amended by sub20 section (a)).

21 SEC. 109. REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED

22 ALIENS.

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

24 Immigration and Naturalization Service shall prepare and

25 submit to the Congress a report concerning the citizenship
14

•HR 783 EAH

1 status of aliens legalized under section 245A and section

2 210 of the Immigration and Nationality Act. Such report

3 shall include the following information by district office for

4 each national origin group:

5 (1) The number of applications for citizenship

6 filed.

7 (2) The number of applications approved.

8 (3) The number of applications denied.

9 (4) The number of applications pending.

10 TITLE II—TECHNICAL CORREC11 TIONS OF IMMIGRATION

12 LAWS

13 SEC. 201. AMERICAN INSTITUTE IN TAIWAN.

14 Section 101(a)(27)(D) of the Immigration and Nation15 ality Act (8 U.S.C. 1101(a)(27)(D)) is amended—

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

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

18 abroad,’’; and

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

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

21 ‘‘Foreign Service establishment’’.

22 SEC. 202. G–4 SPECIAL IMMIGRANTS.

23 Section 101(a)(27)(I)(iii) of the Immigration and Na24 tionality Act (8 U.S.C. 1101(a)(27)(I)(iii)) is amended by

25 striking ‘‘(II)’’ and all that follows through ‘‘; or’’ and in-
15

•HR 783 EAH

1 serting the following: ‘‘(II) files a petition for status under

2 this subparagraph no later than six months after the date

3 of such retirement or six months after the date of enactment

4 of the Immigration and Nationality Technical Corrections

5 Act of 1994, whichever is later; or’’.

6 SEC. 203. CLARIFICATION OF CERTAIN GROUNDS FOR EX7 CLUSION AND DEPORTATION.

8 (a) EXCLUSION GROUNDS.—Section 212 of the Immi9 gration and Nationality Act (8 U.S.C. 1182) is amended—

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

11 an attempt or conspiracy to commit such a crime’’

12 after ‘‘offense)’’,

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

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

15 (3) in the last sentence of subsection (h), by in16 serting ‘‘, or an attempt or conspiracy to commit

17 murder or a criminal act involving torture’’ after

18 ‘‘torture’’.

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

20 Act (8 U.S.C. 1251(a)) is amended—

21 (1) in paragraph (2)(C)—

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

23 and inserting ‘‘, or of attempting or conspiring

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

25 own, possess, or carry,’’, and
16

•HR 783 EAH

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. 204. UNITED STATES CITIZENS ENTERING AND DE10 PARTING ON UNITED STATES PASSPORTS.

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

12 and Nationality Act (8 U.S.C. 1185(b)) is amended by in13 serting ‘‘United States’’ after ‘‘valid’’.

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall apply to departures and entries (and at16 tempts thereof) occurring on or after the date of enactment

17 of this Act.

18 SEC. 205. APPLICATIONS FOR VISAS.

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

20 222(a) of the Immigration and Nationality Act (8 U.S.C.

21 1202(a)) is amended—

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

23 ‘‘the alien’’, and
17

•HR 783 EAH

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

2 follows through ‘‘exempt from exclusion under the im3 migration laws;’’.

4 (b) EFFECTIVE DATE.—The amendments made by sub5 section (a) shall apply to applications made on or after the

6 date of the enactment of this Act.

7 SEC. 206. FAMILY UNITY.

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

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

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

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

12 of December 1, 1988 (in the case of a relationship to a legal13 ized alien described in subsection (b)(2)(A))’’.

14 (b) EFFECTIVE DATE.—The amendment made by sub15 section (a) shall be deemed to have become effective as of

16 October 1, 1991.

17 SEC. 207. TECHNICAL AMENDMENT REGARDING ONE18 HOUSE VETO.

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

20 U.S.C. 1255b(c)) is amended—

21 (1) by striking the third sentence; and

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

23 the Senate nor the House of Representatives passes

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

25 and inserting ‘‘The’’.
18

•HR 783 EAH

1 SEC. 208. AUTHORIZATION OF APPROPRIATIONS FOR REFU2 GEE ASSISTANCE FOR FISCAL YEARS 1995,

3 1996, AND 1997.

4 Section 414(a) of the Immigration and Nationality

5 Act (8 U.S.C. 1524(a)) is amended by striking ‘‘fiscal year

6 1993 and fiscal year 1994’’ and inserting ‘‘fiscal year 1995,

7 fiscal year 1996, and fiscal year 1997’’.

8 SEC. 209. FINES FOR UNLAWFUL BRINGING OF ALIENS INTO

9 THE UNITED STATES.

10 (a) IN GENERAL.—Section 273 of the Immigration

11 and Nationality Act (8 U.S.C. 1323) is amended—

12 (1) in subsections (b) and (d) by striking ‘‘the

13 sum of $3000’’ and inserting ‘‘a fine of $3000’’ each

14 place it appears;

15 (2) in the first sentence of subsection (b) by strik16 ing ‘‘a sum equal’’ and inserting ‘‘an amount equal’’;

17 (3) in the second sentence of subsection (d) by

18 striking ‘‘a sum sufficient to cover such fine’’ and in19 serting ‘‘an amount sufficient to cover such fine’’;

20 (4) by striking ‘‘sum’’ and ‘‘sums’’ each place ei21 ther appears and inserting ‘‘fine’’;

22 (5) in subsection (c) by striking ‘‘Such’’ and in23 serting ‘‘Except as provided in subsection (e), such’’;

24 and

25 (6) by adding at the end the following new sub26 section:
19

•HR 783 EAH

1 ‘‘(e) A fine under this section may be reduced, re2 funded, or waived under such regulations as the Attorney

3 General shall prescribe in cases in which—

4 ‘‘(1) the carrier demonstrates that it had

5 screened all passengers on the vessel or aircraft in ac6 cordance with procedures prescribes by the Attorney

7 General, or

8 ‘‘(2) circumstances exist that the Attorney Gen9 eral determines would justify such reduction, refund,

10 or waiver.’’.

11 (b) EFFECTIVE DATE.—The amendments made by this

12 subsection shall apply with respect to aliens brought to the

13 United States more than 60 days after the date of enact14 ment of this Act.

15 SEC. 210. EXTENSION OF VISA WAIVER PILOT PROGRAM.

16 Section 217(f) of the Immigration and Nationality Act

17 (8 U.S.C. 1187(f)) is amended by striking ‘‘ending’’ and

18 all that follows through the period and inserting ‘‘ending

19 on September 30, 1996’’.

20 SEC. 211. CREATION OF PROBATIONARY STATUS FOR PAR21 TICIPANT COUNTRIES IN THE VISA WAIVER

22 PROGRAM.

23 Section 217 of the Immigration and Nationality Act

24 (8 U.S.C. 1187) is amended—
20

•HR 783 EAH

1 (1) in subsection (a)(2)(B) by inserting before

2 the period ‘‘or is designated as a pilot program coun3 try with probationary status under subsection (g)’’;

4 (2) by adding at the end the following new sub5 section:

6 ‘‘(g) PILOT PROGRAM COUNTRY WITH PROBATIONARY

7 STATUS.—

8 ‘‘(1) IN GENERAL.—The Attorney General and

9 the Secretary of State acting jointly may designate

10 any country as a pilot program country with proba11 tionary status if it meets the requirements of para12 graph (2).

13 ‘‘(2) QUALIFICATIONS.—A country may not be

14 designated as a pilot program country with proba15 tionary status unless the following requirements are

16 met:

17 ‘‘(A) NONIMMIGRANT VISA REFUSAL RATE

18 FOR PREVIOUS 2-YEAR PERIOD.—The average

19 number of refusals of nonimmigrant visitor visas

20 for nationals of the country during the two pre21 vious full fiscal years was less than 3.5 percent

22 of the total number of nonimmigrant visitor

23 visas for nationals of that country which were

24 granted or refused during those years.
21

•HR 783 EAH

1 ‘‘(B) NONIMMIGRANT VISA REFUSAL RATE

2 FOR PREVIOUS YEAR.—The number of refusals of

3 nonimmigrant visitor visas for nationals of the

4 country during the previous full fiscal year was

5 less than 3 percent of the total number of non6 immigrant visitor visas for nationals of that

7 country which were granted or refused during

8 that year.

9 ‘‘(C) LOW EXCLUSIONS AND VIOLATIONS

10 RATE FOR PREVIOUS YEAR.—The sum of—

11 ‘‘(i) the total number of nationals of

12 that country who were excluded from ad13 mission or withdrew their application for

14 admission during the preceding fiscal year

15 as a nonimmigrant visitor, and

16 ‘‘(ii) the total number of nationals of

17 that country who were admitted as non18 immigrant visitors during the preceding fis19 cal year and who violated the terms of such

20 admission,

21 was less than 1.5 percent of the total number of

22 nationals of that country who applied for admis23 sion as nonimmigrant visitors during the preced24 ing fiscal year.
22

•HR 783 EAH

1 ‘‘(D) MACHINE READABLE PASSPORT PRO2 GRAM.—The government of the country certifies

3 that it has or is in the process of developing a

4 program to issue machine-readable passports to

5 its citizens.

6 ‘‘(3) CONTINUING AND SUBSEQUENT QUALIFICA7 TIONS FOR PILOT PROGRAM COUNTRIES WITH PROBA8 TIONARY STATUS.—The designation of a country as a

9 pilot program country with probationary status shall

10 terminate if either of the following occurs:

11 ‘‘(A) The sum of—

12 ‘‘(i) the total number of nationals of

13 that country who were excluded from ad14 mission or withdrew their application for

15 admission during the preceding fiscal year

16 as a nonimmigrant visitor, and

17 ‘‘(ii) the total number of nationals of

18 that country who were admitted as visitors

19 during the preceding fiscal year and who

20 violated the terms of such admission,

21 is more than 2.0 percent of the total number of

22 nationals of that country who applied for admis23 sion as nonimmigrant visitors during the preced24 ing fiscal year.
23

•HR 783 EAH

1 ‘‘(B) The country is not designated as a

2 pilot program country under subsection (c) with3 in 3 fiscal years of its designation as a pilot

4 program country with probationary status under

5 this subsection.’’.

6 ‘‘(4) DESIGNATION OF PILOT PROGRAM COUN7 TRIES WITH PROBATIONARY STATUS AS PILOT PRO8 GRAM COUNTRIES.—In the case of a country which

9 was a pilot program country with probationary sta10 tus in the preceding fiscal year, a country may be

11 designated by the Attorney General and the Secretary

12 of State, acting jointly, as a pilot program country

13 under subsection (c) if—

14 ‘‘(A) the total of the number of nationals of

15 that country who were excluded from admission

16 or withdrew their application for admission dur17 ing the preceding fiscal year as a nonimmigrant

18 visitor, and

19 ‘‘(B) the total number of nationals of that

20 country who were admitted as nonimmigrant

21 visitors during the preceding fiscal year and who

22 violated the terms of such admission,

23 was less than 2 percent of the total number of nation24 als of that country who applied for admission as non-
24

•HR 783 EAH

1 immigrant visitors during such preceding fiscal

2 year.’’; and

3 (3) in subsection (c)(2) by striking ‘‘A country’’

4 and inserting ‘‘Except as provided in subsection

5 (g)(4), a country’’.

6 SEC. 212. TECHNICAL CHANGES TO NUMERICAL LIMITA7 TIONS CONCERNING CERTAIN SPECIAL IMMI8 GRANTS.

9 (a) PANAMA CANAL SPECIAL IMMIGRANTS.—Section

10 3201 of the Panama Canal Act of 1979 (Public Law 96-

11 70) is amended by striking subsection (c).

12 (b) ARMED FORCES SPECIAL IMMIGRANTS.—Section

13 203(b)(6) of the Immigration and Nationality Act (8

14 U.S.C. 1153(b)(6)) is amended by striking subparagraph

15 (C).

16 SEC. 213. EXTENSION OF TELEPHONE EMPLOYMENT VER17 IFICATION SYSTEM.

18 Section 274A(d)(4)(A) of the Immigration and Na19 tionality Act (8 U.S.C. 1324a(d)(4)(A)) is amended in the

20 second sentence by striking ‘‘three’’ and inserting ‘‘five’’.

21 SEC. 214. EXTENSION OF EXPANDED DEFINITION OF SPE22 CIAL IMMIGRANT FOR RELIGIOUS WORKERS.

23 Section 101(a)(27)(C)(ii) of the Immigration and Na24 tionality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended—
25

•HR 783 EAH

1 (1) in subclause (II) by striking ‘‘1994,’’ and in2 serting ‘‘1997,’’; and

3 (2) in subclause (III) by striking ‘‘1994,’’ and

4 inserting ‘‘1997,’’.

5 SEC. 215. EXTENSION OF OFF-CAMPUS WORK AUTHORIZA6 TION FOR STUDENTS.

7 (a) IN GENERAL.—Section 221 of the Immigration Act

8 of 1990 (Pub. Law 101-649; 104 Stat. 4978) as amended

9 by section 303(b)(1) of the Miscellaneous and Technical Im10 migration and Naturalization Amendments of 1991 (Pub.

11 Law 102-232; 105 Stat. 1747) is amended—

12 (1) in the heading for subsection (a) by striking

13 ‘‘3-YEAR’’ and inserting ‘‘5-YEAR’’;

14 (2) in subsection (a) by striking ‘‘3-year’’ and

15 inserting ‘‘5-year’’; and

16 (3) in subsection (b) by striking ‘‘1994,’’ and in17 serting ‘‘1996,’’.

18 SEC. 216. ELIMINATING OBLIGATION OF CARRIERS TO DE19 TAIN STOWAWAYS.

20 The first sentence of section 273(d) of the Immigration

21 and Nationality Act (8 U.S.C. 1323(d)) is amended to read

22 as follows: ‘‘The owner, charterer, agent, consignee, com23 manding officer, or master of any vessel or aircraft arriving

24 at the United States from any place outside the United

25 States who fails to deport any alien stowaway on the vessel
26

•HR 783 EAH

1 or aircraft on which such stowaway arrived or on another

2 vessel or aircraft at the expense of the vessel or aircraft on

3 which such stowaway arrived when required to do so by

4 an immigration officer, shall pay to the Commissioner the

5 sum of $3,000 for each alien stowaway, in respect of whom

6 any such failure occurs.’’.

7 SEC. 217. COMPLETING USE OF VISAS PROVIDED UNDER DI8 VERSITY TRANSITION PROGRAM.

9 (a) EXTENSION OF DIVERSITY TRANSITION PRO10 GRAM.—Section 132 of the Immigration Act of 1990 (Public

11 Law 101–649) is amended—

12 (1) in subsection (a), by inserting before the pe13 riod at the end of the first sentence the following:

14 ‘‘and in fiscal year 1995 a number of immigrant

15 visas equal to the number of such visas provided (but

16 not made available) under this section in previous fis17 cal years’’; and

18 (2) in the next to last sentence of subsection (c),

19 by striking ‘‘or 1993’’ and inserting ‘‘, 1993, or

20 1994’’.

21 (b) ADMINISTRATION OF 1995 DIVERSITY TRANSITION

22 PROGRAM.—

23 (1) ELIGIBILITY.—For the purpose of carrying

24 out the extension of the diversity transition program

25 under the amendments made by subsection (a), appli-
27

•HR 783 EAH

1 cations for natives of diversity transition countries

2 submitted for fiscal year 1995 for diversity immi3 grants under section 203(c) of the Immigration and

4 Nationality Act shall be considered applications for

5 visas made available for fiscal year 1995 for the di6 versity transition program under section 132 of the

7 Immigration Act of 1990. No application period for

8 the fiscal year 1995 diversity transition program

9 shall be established and no new applications may be

10 accepted for visas made available under such program

11 for fiscal year 1995. Applications for visas in excess

12 of the minimum available to natives of the country

13 specified in section 132(c) of the Immigration Act of

14 1990 shall be selected for qualified applicants within

15 the several regions defined in section 203(c)(1)(F) of

16 the Immigration and Nationality Act in proportion

17 to the region’s share of visas issued in the diversity

18 transition program during fiscal years 1992 and

19 1993.

20 (2) NOTIFICATION.—Not later than 180 days

21 after the date of enactment of this Act, notification of

22 the extension of the diversity transition program for

23 fiscal year 1995 and the provision of visa numbers

24 shall be made to each eligible applicant under para25 graph (1).
28

•HR 783 EAH

1 (3) REQUIREMENTS.—Notwithstanding any

2 other provision of law, for the purpose of carrying out

3 the extension of the diversity transition program

4 under the amendments made by subsection (a), the re5 quirement of section 132(b)(2) of the Immigration Act

6 of 1990 shall not apply to applicants under such ex7 tension and the requirement of section 203(c)(2) of the

8 Immigration and Nationality Act shall apply to such

9 applicants.

10 SEC. 218. EFFECT ON PREFERENCE DATE OF APPLICATION

11 FOR LABOR CERTIFICATION.

12 Section 161(c)(1) of the Immigration Act of 1990

13 (Public Law 101–649) is amended—

14 (1) by striking ‘‘or an application for labor cer15 tification before such date under section 212(a)(14)’’;

16 and

17 (2) in subparagraph (A)—

18 (A) by striking ‘‘or application’’; and

19 (B) by striking ‘‘, or 60 days after the date

20 of certification in the case of labor certifications

21 filed in support of the petition under section

22 212(a)(14) of such Act before October 1, 1991,

23 but not certified until after October 1, 1993’’.
29

•HR 783 EAH

1 SEC. 219. 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.
30

•HR 783 EAH

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 258 of the Immigration and Nationality

5 Act (8 U.S.C. 1288) is amended in subsection (d)(3)(B) by

6 striking ‘‘subparagraph (A)’’ and inserting ‘‘subparagraph

7 (A)(iii)’’.

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

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

10 of subsection 241(a)’’ and inserting ‘‘and (3)(A) of sub11 section (a)’’.

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

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

14 and inserting ‘‘Parole,’’.

15 (i) Section 242B(c)(1) of the Immigration and Nation16 ality Act (8 U.S.C. 1252b(c)(1)) is amended by striking the

17 comma after ‘‘that’’.

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

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

20 amended—

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

22 ‘‘paragraphs’’, and

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

24 (3)(E)’’.
31

•HR 783 EAH

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)(2)(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’’.
32

•HR 783 EAH

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 Account’’ 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’)’’;
33

•HR 783 EAH

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’’ each place it appears;

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

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

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

9 inserting ‘‘Fund’’.

10 (u) Section 310(b)(5)(A) of the Immigration and Na11 tionality Act (8 U.S.C. 1421(b)(5)(A)) is amended by strik12 ing ‘‘District Court’’ and inserting ‘‘district court’’.

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

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

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

16 ‘‘or’’.

17 (w) Section 333(b)(1) of the Immigration and Nation18 ality Act (8 U.S.C. 1444(b)(1)) is amended by striking

19 ‘‘249(a)’’ and inserting ‘‘249’’.

20 (x) Section 412(e)(7)(D) of the Immigration and Na21 tionality Act (8 U.S.C. 1522(e)(7)(D)) is amended by strik22 ing ‘‘paragraph (1) or (2) of’’.

23 (y) Section 302(c) of the Immigration Act of 1990 is

24 amended by striking ‘‘effect’’ and inserting ‘‘affect’’.
34

•HR 783 EAH

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

2 Technical Immigration and Naturalization Amendments of

3 1991—

4 (1) section 303(a)(7)(B)(i) of such Act is amend5 ed by striking ‘‘paragraph (1)(A)’’ and inserting

6 ‘‘paragraph (1)(A)(i)’’;

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

8 striking ‘‘paragraph (1)(B)’’ and inserting ‘‘sub9 section (c)(1)(B)’’;

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

11 is repealed (and section 407(d)(16)(C) of the Immi12 gration Act of 1990 shall read as if such paragraph

13 had not been enacted);

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

15 is amended to read as follows:

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

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

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

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

20 inserting ‘‘immigrant aliens’’;

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

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

23 ‘‘paragraphs (1)(A) and (1)(B)’’;
35

•HR 783 EAH

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,
36

•HR 783 EAH

1 1990 (Public Law 101–167) is amended by striking ‘‘and

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

3 (cc) Section 204(a)(1)(C) of the Immigration Reform

4 and Control Act of 1986 is amended by striking ‘‘year 1993

5 the first place it appears’’ and inserting ‘‘years 1993’’.

6 (dd) Except as otherwise specifically provided in this

7 section, the amendments made by this section shall be effec8 tive as if included in the enactment of the Immigration Act

9 of 1990.

10 (ee)(1) Section 210A of the Immigration and National11 ity Act (8 U.S.C. 1161) is repealed.

12 (2) The table of contents of the Immigration and Na13 tionality Act is amended by striking the item relating to

14 section 210A.

15 (ff) Section 122 of the Immigration Act of 1990 is

16 amended by striking subsection (a).

17 (gg) The Copyright Royalty Tribunal Reform Act of

18 1993 (Public Law 103–198; 107 Stat. 2304) is amended

19 by striking section 8.

Attest:

Clerk.

103D CONGRESS

2D SESSION H. R. 783

AMENDMENT

TO

SENATE AMENDMENT