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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 783 Engrossed Amendment Senate (EAS)]

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:

SECTION 1. SHORT TITLE.

    Titles I and III of this Act may be cited as the ``Immigration and 
Nationality Technical Corrections Act of 1993''.

SEC. 2. TABLE OF CONTENTS.

    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.
Sec. 304. Special immigrant status for certain aliens employed abroad.

           TITLE I--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

SEC. 101. AMERICAN INSTITUTE IN TAIWAN.

    Section 101(a)(27)(D) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(D)) is amended--
            (1) by inserting ``or of the American Institute in 
        Taiwan,'' after ``of the United States Government abroad,''; 
        and
            (2) by inserting ``(or, in the case of the American 
        Institute in Taiwan, the Director thereof)'' after ``Foreign 
        Service establishment''.

SEC. 102. SPECIAL IMMIGRANT STATUS OF RETIRED OFFICERS AND EMPLOYEES OF 
              INTERNATIONAL ORGANIZATIONS.

    Section 101(a)(27)(I)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(I)(iii)) is amended by striking subclause (II) 
and inserting in lieu thereof the following: ``(II) files a petition 
for status under this subparagraph no later than six months after the 
date of such retirement or six months after the date of enactment of 
the Immigration and Nationality Technical Corrections Act of 1993, 
whichever is later.''.

SEC. 103. TREATMENT OF TIBET UNDER PER COUNTRY LEVELS.

    (a) Application of Immigration and Nationality Act.--The approval 
referred to in the first sentence of section 202(b) of the Immigration 
and Nationality Act shall be considered to have been granted, effective 
beginning with fiscal year 1994, with respect to Tibet as a separate 
foreign state, and not as a component or dependent area of another 
foreign state.
    (b) Definition.--For purposes of this section, the term ``Tibet'' 
refers to the territory encompassed by Tibet as of October 1, 1949.

SEC. 104. AUTHORITY FOR SECRETARY OF STATE TO MAKE REFUGEE 
              DETERMINATIONS.

    Section 207(c)(1) of the Immigration and Nationality Act (8 U.S.C. 
1157(c)(1)) is amended--
            (1) by inserting ``(A)'' immediately after ``(1)'';
            (2) by inserting ``and subject to subparagraph (B),'' after 
        ``subsections (a) and (b),''; and
            (3) by adding at the end thereof the following:
    ``(B) The Secretary of State, together with the Attorney General, 
shall develop procedures under which the Secretary may determine 
individuals to be qualified for admission to the United States as 
refugees. Such determinations may be made by the Secretary of State in 
situations (defined by the Attorney General together with the Secretary 
of State) in which the Attorney General does not have immediate access 
to the individual under consideration for admission as a refugee and 
cannot expeditiously determine whether such individual is qualified for 
refugee admission.''.

SEC. 105. CLARIFICATION OF CERTAIN GROUNDS FOR EXCLUSION AND 
              DEPORTATION.

    (a) Exclusion Grounds.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended--
            (1) in subsection (a)(2)(A)(i)(I), by inserting ``or an 
        attempt or conspiracy to commit that crime'' after 
        ``offense)'',
            (2) in subsection (a)(2)(A)(i)(II), by inserting ``or 
        attempt'' after ``conspiracy'', and
            (3) in the last sentence of subsection (h), by inserting 
        ``, or an attempt or conspiracy to commit murder or a criminal 
        act involving torture'' after ``torture''.
    (b) Deportation Grounds.--Section 241(a) of such Act (8 U.S.C. 
1251(a)) is amended--
            (1) in paragraph (2)(C)--
                    (A) by striking ``in violation of any law,'' and 
                inserting ``, or of attempting or conspiring to 
                purchase, sell, offer for sale, exchange, use own, 
                possess, or carry,'', and
                    (B) by inserting ``in violation of any law'' after 
                ``Code)''; and
            (2) in paragraph (3)(B), by inserting ``an attempt or'' 
        before ``a conspiracy'' each place it appears in clauses (ii) 
        and (iii).
    (c) Effective Date.--The amendments made by this section shall 
apply to convictions occurring before, on, or after the date of the 
enactment of this Act.

SEC. 106. LABOR MARKET INFORMATION PILOT PROGRAM FOR EMPLOYMENT-BASED 
              IMMIGRANTS.

    (a) Program Made Discretionary.--Section 122(a)(1) of the 
Immigration Act of 1990 is amended by striking from the first sentence 
``shall'' and inserting ``may''.
    (b) Conforming Amendment.--Section 122(a)(4) of such Act is amended 
by striking ``By'' and inserting ``In the event a pilot program is 
established pursuant to this subsection, by''.

SEC. 107. UNITED STATES CITIZENS ENTERING AND DEPARTING ON UNITED 
              STATES PASSPORTS.

    (a) In General.--Section 215(b) of the Immigration and Nationality 
Act (8 U.S.C. 1185(b)) is amended by inserting ``United States'' after 
``valid''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to departures and entries (and attempts thereof) occurring on or 
after the date of enactment of this Act.

SEC. 108. APPLICATIONS FOR VISAS.

    (a) In General.--The second sentence of section 222(a) of the 
Immigration and Nationality Act (8 U.S.C. 1202(a)) is amended--
            (1) by striking ``the immigrant'' and inserting ``the 
        alien'', and
            (2) by striking ``present address'' and all that follows 
        through ``exempt from exclusion under the immigration laws;''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications made on or after the date of the enactment of 
this Act.

SEC. 109. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN 
              CREWMEMBERS--ALASKA EXCEPTION.

    (a) Alaska Exception.--Section 258 of the Immigration and 
Nationality Act (8 U.S.C. 1288) is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection:
    ``(d) State of Alaska Exception.--(1) Subsection (a) shall not 
apply to a particular activity of longshore work at a particular 
location in the State of Alaska if an employer of alien crewmen has 
filed an attestation with the Secretary of Labor at least 30 days 
before the date of the first performance of the activity (or anytime up 
to 24 hours before the first performance of the activity, upon a 
showing that the employer could not have reasonably anticipated the 
need to file an attestation for that location at that time) setting 
forth facts and evidence to show that--
            ``(A) the employer will make a bona fide request for United 
        States longshore workers who are qualified and available in 
        sufficient numbers to perform the activity at the particular 
        time and location from the parties to whom notice has been 
        provided under clauses (ii) and (iii) of subparagraph (D), 
        except that--
                    ``(i) wherever two or more contract stevedoring 
                companies have signed a joint collective bargaining 
                agreement with a single labor organization described in 
                subparagraph (D)(i), the employer may request longshore 
                workers from only one of such contract stevedoring 
                companies, and
                    ``(ii) a request for longshore workers to an 
                operator of a private dock may be made only for 
                longshore work to be performed at that dock and only if 
                the operator meets the requirements of section 32 of 
                the Longshoremen's and Harbor Workers' Compensation Act 
                (33 U.S.C. 932);
            ``(B) the employer will employ all those United States 
        longshore workers made available in response to the request 
        made pursuant to subparagraph (A) who are qualified and 
        available in sufficient numbers and who are needed to perform 
        the longshore activity at the particular time and location;
            ``(C) the use of alien crewmembers for such activity is not 
        intended or designed to influence an election of a bargaining 
        representative for workers in the State of Alaska; and
            ``(D) notice of the attestation has been provided by the 
        employer to--
                    ``(i) labor organizations which have been 
                recognized as exclusive bargaining representatives of 
                United States longshore workers within the meaning of 
                the National Labor Relations Act and which make 
                available or intend to make available workers to the 
                particular location where the longshore work is to be 
                performed,
                    ``(ii) contract stevedoring companies which employ 
                or intend to employ United States longshore workers at 
                that location, and
                    ``(iii) operators of private docks at which the 
                employer will use longshore workers.
    ``(2)(A) An employer filing an attestation under paragraph (1) who 
seeks to use alien crewmen to perform longshore work shall be 
responsible while the attestation is valid to make bona fide requests 
for United States longshore workers under paragraph (1)(A) and to 
employ United States longshore workers, as provided in paragraph 
(1)(B), before using alien crewmen to perform the activity or 
activities specified in the attestation, except that an employer shall 
not be required to request longshore workers from a party if that party 
has notified the employer in writing that it does not intend to make 
available United States longshore workers to the location at which the 
longshore work is to be performed.
    ``(B) If a party that has provided such notice subsequently 
notifies the employer in writing that it is prepared to make available 
United States longshore workers who are qualified and available in 
sufficient numbers to perform the longshore activity to the location at 
which the longshore work is to be performed, then the employer's 
obligations to that party under subparagraphs (A) and (B) of paragraph 
(1) shall begin 60 days following the issuance of such notice.
    ``(3)(A) In no case shall an employer filing an attestation be 
required--
            ``(i) to hire less than a full work unit of United States 
        longshore workers needed to perform the longshore activity;
            ``(ii) to provide overnight accommodations for the 
        longshore workers while employed; or
            ``(iii) to provide transportation to the place of work, 
        except where--
                    ``(I) surface transportation is available;
                    ``(II) such transportation may be safely 
                accomplished;
                    ``(III) travel time to the vessel does not exceed 
                one-half hour each way; and
                    ``(IV) travel distance to the vessel from the point 
                of embarkation does not exceed 5 miles.
    ``(B) In the cases of Wide Bay, Alaska, and Klawock/Craig, Alaska, 
the travel times and travel distances specified in subclauses (III) and 
(IV) of subparagraph (A) shall be extended to 45 minutes and 7\1/2\ 
miles, respectively, unless the party responding to the request for 
longshore workers agrees to the lesser time and distance limitations 
specified in those subclauses.
    ``(4) Subject to subparagraphs (A) through (D) of subsection 
(c)(4), attestations filed under paragraph (1) of this subsection 
shall--
            ``(A) expire at the end of the 1-year period beginning on 
        the date the employer anticipates the longshore work to begin, 
        as specified in the attestation filed with the Secretary of 
        Labor, and
            ``(B) apply to aliens arriving in the United States during 
        such 1-year period if the owner, agent, consignee, master, or 
        commanding officer states in each list under section 251 that 
        it continues to comply with the conditions in the attestation.
    ``(5)(A) Except as otherwise provided by subparagraph (B), 
subsection (c)(3) and subparagraphs (A) through (E) of subsection 
(c)(4) shall apply to attestations filed under this subsection.
    ``(B) The use of alien crewmen to perform longshore work in Alaska 
consisting of the use of an automated self-unloading conveyor belt or 
vacuum-actuated system on a vessel shall be governed by the provisions 
of subsection (c).
    ``(6) For purposes of this subsection--
            ``(A) the term `contract stevedoring companies' means those 
        stevedoring companies licensed to do business in the State of 
        Alaska that meet the requirements of section 32 of the 
        Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 
        932); and
            ``(B) the term `employer' includes any agent or 
        representative designated by the employer; and
            ``(C) the terms `qualified' and `available in sufficient 
        numbers' shall be defined by reference to industry standards in 
        the State of Alaska, including safety considerations.''.
    (b) Conforming Amendments.--
            (1) Section 258(a) (8 U.S.C. 1288(a)) is amended by 
        striking ``subsection (c) or subsection (d)'' and inserting 
        ``subsection (c), (d), or (e)''.
            (2) Section 258(c)(4)(A) (8 U.S.C. 1288(c)(4)(A)) is 
        amended by inserting ``or subsection (d)(1)'' after ``paragraph 
        (1)'' each of the two places it appears.
            (3) Section 258(c) (8 U.S.C. 1288(c)) is amended by adding 
        at the end the following new paragraph:
    ``(5) Except as provided in paragraph (5) of subsection (d), this 
subsection shall not apply to longshore work performed in the State of 
Alaska.''.
    (c) Implementation.--(1) The Secretary of Labor shall prescribe 
such regulations as may be necessary to carry out this section.
    (2) Attestations filed pursuant to section 258(c) (8 U.S.C. 
1288(c)) with the Secretary of Labor before the date of enactment of 
this Act shall remain valid until 60 days after the date of issuance of 
final regulations by the Secretary under this section.

SEC. 110. FAMILY UNITY AND TEMPORARY PROTECTED STATUS.

    (a) In General.--Section 301(a) of the Immigration Act of 1990 is 
amended by inserting after ``May 5, 1988'' the following: ``(in the 
case of a relationship to a legalized alien described in subsection 
(b)(2)(B) or (b)(2)(C)) or as of December 1, 1988 (in the case of a 
relationship to a legalized alien described in subsection (b)(2)(A))''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
deemed to have become effective as of October 1, 1991.

SEC. 111. ADJUSTMENT OF STATUS OF CERTAIN REPRESENTATIVES OF FOREIGN 
              GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS.

    Section 13(c) of the Act of September 11, 1957 (8 U.S.C. 1255b(c)) 
is amended--
            (1) by striking the third sentence; and
            (2) in the fourth sentence, by striking ``If neither the 
        Senate nor the House of Representatives passes such a 
        resolution within the time above specified the'' and inserting 
        ``The''.

SEC. 112. PRIORITY DATES FOR ALIENS REGISTERED ON THE WESTERN 
              HEMISPHERE WAITING LIST.

    Section 9(b) of the Immigration and Nationality Act Amendments of 
1976 (Public Law 94-571) is hereby repealed.

SEC. 113. OTHER MISCELLANEOUS AND TECHNICAL CORRECTIONS TO IMMIGRATION-
              RELATED PROVISIONS.

    (a) Section 101(a)(27)(J)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``and has'' and 
inserting ``or whom such a court has legally committed to, or placed 
under the custody of, an agency or department of a State and who has''.
    (b)(1) The second sentence of section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended 
by inserting ``(and each child of the alien)'' after ``the alien''.
    (2) The second sentence of section 204(a)(1)(A) of such Act (8 
U.S.C. 1154(a)(1)(A)) is amended--
            (A) by inserting ``spouse'' after ``alien'', and
            (B) by inserting ``of the alien (and the alien's 
        children)'' after ``for classification''.
    (c) Section 203(b)(5) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)) is amended by striking ``Targetted'', ``targetted'', 
and ``targetted'' each place each appears and inserting ``Targeted'', 
``targeted'', and ``targeted'', respectively.
    (d) Section 210(d)(3) of the Immigration and Nationality Act (8 
U.S.C. 1160(d)(3)) is amended by inserting ``the'' before ``Service'' 
the first place it appears.
    (e) Section 212(d)(11) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(11)) is amended by striking ``voluntary'' and inserting 
``voluntarily''.
    (f) Section 217(e)(1)(A) of the Immigration and Nationality Act (8 
U.S.C. 1187(e)(1)(A)) is amended by striking ``(a)(1)(A)'' and 
inserting ``(a)(1)''.
    (g) Section 241(c) of the Immigration and Nationality Act (8 U.S.C. 
1251(c)) is amended by striking ``or (3)(A) of subsection 241(a)'' and 
inserting ``and (3)(A) of subsection (a)''.
    (h) Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 
1252(h)) is amended by striking ``Parole,,'' and inserting ``Parole,''.
    (i) Section 242B(c)(1) of the Immigration and Nationality Act (8 
U.S.C. 1252b(c)(1)) is amended by striking the comma after ``that''.
    (j) Section 244A(c)(2)(A)(iii)(III) of the Immigration and 
Nationality Act (8 U.S.C. 1254a(c)(2)(A)(iii)(III)) is amended--
            (1) by striking ``Paragraphs'' and inserting 
        ``paragraphs'', and
            (2) by striking ``or (3)(E)'' and inserting ``and (3)(E)''.
    (k) Section 245(h)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1255(h)(2)(B)) is amended by striking ``or (3)(E)'' and 
inserting ``and (3)(E)''.
    (l)(1) Subparagraph (C) of section 245A(c)(7) of the Immigration 
and Nationality Act (8 U.S.C. 1255a(c)(7)), as added by Public Law 102-
140, is amended--
            (A) by indenting it 2 additional ems to the right; and
            (B) by striking ``subsection (B)'' and inserting 
        ``subparagraph (B)''.
    (2) Section 610(b) of Public Law 102-140 is amended by striking 
``404(b)(2)(ii)'' and ``404(b)(2)(iii)'' and inserting 
``404(b)(1)(A)(ii)'' and ``404(b)(2)(A)(iii)'', respectively.
    (m) Effective as of the date of the enactment of this Act, section 
246(a) of the Immigration and Nationality Act (8 U.S.C. 1256(a)) is 
amended by striking the first 3 sentences.
    (n) Section 262(c) of the Immigration and Nationality Act (8 U.S.C. 
1302(c)) is amended by striking ``subsection (a) and (b)'' and 
inserting ``subsections (a) and (b)''.
    (o) Section 272(a) of the Immigration and Nationality Act (8 U.S.C. 
1322(a)) is amended by striking the comma after ``so afflicted''.
    (p) The first sentence of section 273(b) of the Immigration and 
Nationality Act (8 U.S.C. 1323(b)) is amended by striking ``collector 
of customs'' and inserting ``Commissioner''.
    (q) Section 274B(g)(2)(C) of the Immigration and Nationality Act (8 
U.S.C. 1324b(g)(2)(C)) is amended by striking ``an administrative law 
judge'' and inserting ``the Special Counsel''.
    (r) Section 274C(b) of the Immigration and Nationality Act (8 
U.S.C. 1324c(b)) is amended by striking ``title V'' and all that 
follows through ``3481)''and inserting ``chapter 224 of title 18, 
United States Code''.
    (s) Section 280(b)(1)(C) of the Immigration and Nationality Act (8 
U.S.C. 1330(b)(1)(C)) is amended by striking ``maintainance'' and 
inserting ``maintenance''.
    (t) Effective as if included in the enactment of Public Law 102-
395, subsection (r) of section 286 of the Immigration and Nationality 
Act (8 U.S.C. 1356), as added by section 112 of such Public Law, is 
amended--
            (1) in the subsection heading, by striking ``Breached Bond/
        Detention Fund'' and inserting ``Breached Bond/Detention 
        Fund'';
            (2) in paragraph (1), by striking ``(hereafter referred to 
        as the Fund)'' and inserting ``(in this subsection referred to 
        as the `Fund')'';
            (3) in paragraph (2), by striking ``the Immigration and 
        Nationality Act of 1952, as amended,'' and inserting ``this 
        Act'';
            (4) in paragraphs (4) and (6), by striking ``the Breached 
        Bond/Detention'';
            (5) in paragraph (4), by striking ``of this Act'' and 
        inserting ``of Public Law 102-395'';
            (6) in paragraph (5), by striking ``account'' and inserting 
        ``Fund''; and
            (7) in paragraph (6), by striking ``Breached Bond/
        Detention'' each of the two places it appears.
    (u) Section 310(b)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1421(b)(5)(A)) is amended by striking ``District Court'' and 
inserting ``district court''.
    (v) Effective December 12, 1991, section 313(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1424(a)(2)) is amended by 
striking ``and'' before ``(F)'' and inserting ``or''.
    (w) Section 333(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1444(b)(1)) is amended by striking ``249(a)'' and inserting 
``249''.
    (x) Section 412(e)(7)(D) of the Immigration and Nationality Act (8 
U.S.C. 1522(e)(7)(D)) is amended by striking ``paragraph (1) or (2) 
of''.
    (y) Section 302(c) of the Immigration Act of 1990 is amended by 
striking ``effect'' and inserting ``affect''.
    (z) Effective as if included in the Miscellaneous and Technical 
Immigration and Naturalization Amendments of 1991--
            (1) section 303(a)(7)(B)(i) of such Act is amended by 
        striking ``paragraph (1)(A)'' and inserting ``paragraph 
        (1)(A)(i)'';
            (2) section 304(b)(2) of such Act is amended by striking 
        ``paragraph (1)(B)'' and inserting ``subsection (c)(1)(B)'';
            (3) paragraph (1) of section 305(j) of such Act is repealed 
        (and section 407(d)(16)(C) of the Immigration Act of 1990 shall 
        read as if such paragraph had not been enacted);
            (4) paragraph (2) of section 306(b) of such Act is amended 
        to read as follows:
    ``(2) Section 538(a) of the Immigration Act of 1990 is amended by 
striking the comma after `Service'.'';
            (5) section 307(a)(6) of such Act is amended by striking 
        ``immigrants'' the first place it appears and inserting 
        ``immigrant aliens'';
            (6) section 309(a)(3) of such Act is amended by striking 
        ``paragraph (1) and (2)'' and inserting ``paragraphs (1)(A) and 
        (1)(B)'';
            (7) section 309(b)(6)(F) of such Act is amended by striking 
        ``210(a)(1)(B)(1)(B)'' and inserting ``210(a)(B)(1)(B)'';
            (8) section 309(b)(8) of such Act is amended by striking 
        ``274A(g)'' and inserting ``274A(h)''; and
            (9) section 310 of such Act is amended--
                    (A) by adding ``and'' at the end of paragraph (1);
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph (2) 
                and by striking ``309(c)'' and inserting ``309(b)''.
    (aa) Effective as if included in section 4 of Public Law 102-110, 
section 161(c)(3) of the Immigration Act of 1990 is amended--
            (1) by striking ``alien described in section 203(a)(3) or 
        203(a)(6) of such Act'' and inserting ``alien admitted for 
        permanent residence as a preference immigrant under section 
        203(a)(3) or 203(a)(6) of such Act (as in effect before such 
        date)''; and
            (2) by striking ``this section'' and inserting ``this 
        title''.
    (bb) Section 599E(c) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1990 (Public Law 101-167) is 
amended by striking ``and subparagraphs'' and inserting ``or 
subparagraph''.
    (cc) Except as otherwise specifically provided in this section, the 
amendments made by this section shall be effective as if included in 
the enactment of the Immigration Act of 1990.

      TITLE II--NATIONALITY AND NATURALIZATION AMENDMENTS OF 1993

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Nationality and Naturalization 
Amendments of 1993''.

SEC. 202. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZENSHIP FOR 
              CHILDREN BORN ABROAD.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by striking the period at the end of paragraph (g) and 
        inserting ``; and'', and
            (2) by adding at the end the following new paragraph:
            ``(h) a person born before noon (Eastern Standard Time) May 
        24, 1934, outside the limits and jurisdiction of the United 
        States of an alien father and a mother who is a citizen of the 
        United States who, prior to the birth of such person, had 
        resided in the United States.''.
    (b) Waiver of Retention Requirements.--Any provision of law 
(including section 301(b) of the Immigration and Nationality Act (as in 
effect before October 10, 1978), and the provisos of section 201(g) of 
the Nationality Act of 1940) that provided for a person's loss of 
citizenship or nationality if the person failed to come to, or reside 
or be physically present in, the United States shall not apply in the 
case of a person claiming United States citizenship based on section 
301(h) of the Immigration and Nationality Act (as added by subsection 
(a)).
    (c) Retroactive Application.--(1) Except as provided in paragraph 
(2), the immigration and nationality laws of the United States shall be 
applied (to persons born before, on, or after the date of the enactment 
of this Act) as though the amendment made by subsection (a), and 
subsection (b), had been in effect as of the date of their birth, 
except that the retroactive application of the amendment and that 
subsection shall not affect the validity of citizenship of anyone who 
has obtained citizenship under section 1993 of the Revised Statutes (as 
in effect before the enactment of the Act of May 24, 1934 (48 Stat. 
797)).
    (2) The retroactive application of the amendment made by subsection 
(a), and subsection (b), shall not confer citizenship on, or affect the 
validity of any denaturalization, deportation, or exclusion action 
against, any person who is or was excludable from the United States 
under section 212(a)(3)(E) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(E))(or predecessor provision) or who was excluded 
from, or who would not have been eligible for admission to, the United 
States under the Displaced Persons Act of 1948 or under section 14 of 
the Refugee Relief Act of 1953.

SEC. 203. NATIONALS, BUT NOT CITIZENS, AT BIRTH BASED ON USE OF 
              PHYSICAL PRESENCE INSTEAD OF RESIDENCE.

    (a) In General.--Section 308(2) of the Immigration and Nationality 
Act (8 U.S.C. 1408(2)) is amended by striking ``have had a residence'' 
and inserting ``were physically present''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to persons born on or after the date of the enactment of this 
Act.

SEC. 204. CHILDREN BORN OUT OF WEDLOCK.

    (a) In General.--Section 309(c) of the Immigration and Nationality 
Act (8 U.S.C. 1409(c)) is amended--
            (1) by inserting ``(1)'' immediately after ``(c)''; and
            (2) by adding at the end the following new paragraph:
    ``(2) For the purpose of satisfying the physical presence 
requirements of this subsection, the mother may include any period 
during which she is physically present abroad as the dependent 
unmarried daughter and a member of the household of a person--
            ``(A) honorably serving with the Armed Forces of the United 
        States; or
            ``(B) employed by the United States Government or an 
        international organization, as defined in section 1 of the 
        International Organizations Immunities Act (59 Stat. 669; 22 
        U.S.C. 288).''.
    (b) Effective Date.--The amendment made by subsection (a)(2) shall 
apply to mothers of persons born on or after the date of the enactment 
of this Act.

SEC. 205. CHILD BORN OUTSIDE OF THE UNITED STATES OF AN ALIEN PARENT; 
              CONDITIONS FOR AUTOMATIC CITIZENSHIP.

    (a) In General.--Section 321(a)(3) of the Immigration and 
Nationality Act (8 U.S.C. 1432(a)(3)) is amended by inserting ``sole or 
joint'' before ``legal custody of the child''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to the awarding of custody before, on, or after the date of 
enactment of this Act.

SEC. 206. NATURALIZATION OF CHILDREN ON APPLICATION OF CITIZEN PARENT.

    (a) In General.--Section 322 of the Immigration and Nationality Act 
(8 U.S.C. 1433) is amended to read as follows:

``child born outside the united states; application for certificate of 
                        citizenship requirements

    ``Sec. 322. (a) A parent who is a citizen of the United States may 
apply to the Attorney General for a certificate of citizenship on 
behalf of a child born outside the United States. The Attorney General 
shall issue such a certificate of citizenship upon proof to the 
satisfaction of the Attorney General that the following conditions have 
been fulfilled:
            ``(1) At least one parent is a citizen of the United 
        States, whether by birth or naturalization.
            ``(2) The child is physically present in the United States 
        pursuant to a lawful admission.
            ``(3) The child is under the age of 18 years and in the 
        legal custody of the citizen parent.
            ``(4) If the citizen parent is an adoptive parent of the 
        child, the child was adopted by the citizen parent before the 
        child reached the age of 16 years and the child meets the 
        requirements for being a child under subparagraph (E) or (F) of 
        section 101(b)(1).
            ``(5) If the citizen parent has not been physically present 
        in the United States or its outlying possessions for a period 
        or periods totaling not less than five years, at least two of 
        which were after attaining the age of fourteen years--
                    ``(A) the child is residing permanently in the 
                United States with the citizen parent, pursuant to a 
                lawful admission for permanent residence, or
                    ``(B) a citizen parent of the citizen parent has 
                been physically present in the United States or its 
                outlying possessions for a period or periods totaling 
                not less than five years, at least two of which were 
                after attaining the age of fourteen years.
    ``(b) Upon approval of the application (which may be filed abroad) 
and, except as provided in the last sentence of section 337(a), upon 
taking and subscribing before an officer of the Service within the 
United States to the oath of allegiance required by this Act of an 
applicant for naturalization, the child shall become a citizen of the 
United States and shall be furnished by the Attorney General with a 
certificate of citizenship.
    ``(c) Subsection (a) of this section shall apply to the adopted 
child of a United States citizen adoptive parent if the conditions 
specified in such subsection have been fulfilled.''.
    (b) Conforming Amendment.--Subsection (c) of section 341 of such 
Act (8 U.S.C. 1452) is repealed.
    (c) Clerical Amendment.--The item in the table of contents of such 
Act relating to section 322 is amended to read as follows:

``Sec. 322. Child born outside the United States; application for 
                            certificate of citizenship requirements.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month beginning more than 120 days 
after the date of the enactment of this Act.

SEC. 207. FORMER CITIZENS OF UNITED STATES REGAINING UNITED STATES 
              CITIZENSHIP.

    (a) In General.--Section 324 of the Immigration and Nationality Act 
(8 U.S.C. 1435) is amended by adding at the end the following new 
subsection:
    ``(d)(1) A person who was a citizen of the United States at birth 
and lost such citizenship for failure to meet the physical presence 
retention requirements under section 301(b) (as in effect before 
October 10, 1978), shall, from and after taking the oath of allegiance 
required by section 337 be a citizen of the United States and have the 
status of a citizen of the United States by birth, without filing an 
application for naturalization, and notwithstanding any of the other 
provisions of this title except the provisions of section 313. Nothing 
in this subsection or any other provision of law shall be construed as 
conferring United States citizenship retroactively upon such person 
during any period in which such person was not a citizen.
    ``(2) The provisions of paragraphs (2) and (3) of subsection (c) 
shall apply to a person regaining citizenship under paragraph (1) in 
the same manner as they apply under subsection (c)(1).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 120 
days after the date of the enactment of this Act.

SEC. 208. INTENT TO RESIDE PERMANENTLY IN THE UNITED STATES AFTER 
              NATURALIZATION.

    (a) In General.--Section 338 of the Immigration and Nationality Act 
(8 U.S.C. 1449) is amended by striking ``intends to reside permanently 
in the United States, except in cases falling within the provisions of 
section 324(a) of this title,''.
    (b) Conforming Repeal.--Section 340(d) of such Act (8 U.S.C. 
1451(d)) is repealed.
    (c) Conforming Redesignation.--Section 340 of such Act (8 U.S.C. 
1451) is amended--
            (1) by redesignating subsections (e), (f), (g), (h), and 
        (i) as subsections (d), (e), (f), (g), and (h), respectively; 
        and
            (2) in subsection (d) (as redesignated), by striking 
        ``subsections (c) or (d)'' and inserting ``subsection (c)''.
    (d) Conforming Amendment.--Section 405 of the Immigration Act of 
1990 is amended by striking subsection (b).
    (e) Effective Date.--The amendment made by subsection (a) shall 
apply to persons admitted to citizenship on or after the date of 
enactment of this Act.

SEC. 209. TERMINOLOGY RELATING TO EXPATRIATION.

    (a) In General.--Section 351 of the Immigration and Nationality Act 
(8 U.S.C. 1483) is amended--
            (1) in the heading, by striking ``expatriation'' and 
        inserting ``loss of nationality'';
            (2) in subsection (a)--
                    (A) by striking ``expatriate himself, or be 
                expatriated'' and inserting ``can lose United States 
                nationality'', and
                    (B) by striking ``expatriation'' and inserting 
                ``loss of nationality''; and
            (3) in subsection (b), by striking ``expatriated himself'' 
        and inserting ``lost United States nationality''.
    (b) Clerical Amendment.--The item in the table of contents of such 
Act relating to section 351 is amended to read as follows:

``Sec. 351. Restrictions on loss of nationality.''.

SEC. 210. ADMINISTRATIVE AND JUDICIAL DETERMINATIONS RELATING TO LOSS 
              OF CITIZENSHIP.

    (a) Final Administrative Determinations.--Section 358 of the 
Immigration and Nationality Act (8 U.S.C. 1501) is amended by adding at 
the end the following new sentence: ``Approval by the Secretary of 
State of a certificate under this section shall constitute a final 
administrative determination of loss of United States nationality under 
this Act, subject to such procedures for administrative appeal as the 
Secretary may prescribe by regulation, and also shall constitute a 
denial of a right or privilege of United States nationality for 
purposes of section 360.''.
    (b) Judicial Proceedings.--Subsections (a) and (b) of section 360 
of such Act (8 U.S.C. 1503) are each amended by inserting ``, including 
approval of a certificate in accordance with section 358,'' after 
``official thereof,''.

SEC. 211. CANCELLATION OF UNITED STATES PASSPORTS AND CONSULAR REPORTS 
              OF BIRTH.

    (a) In General.--Title III of the Immigration and Nationality Act 
is amended by adding at the end the following new section:

``cancellation of united states passports and consular reports of birth

    ``Sec. 361. (a) The Secretary of State is authorized to cancel any 
United States passport or Consular Report of Birth, or certified copy 
thereof, if it appears that such document was illegally, fraudulently, 
or erroneously obtained from, or was created through illegality or 
fraud practiced upon, the Secretary. The person for or to whom such 
document has been issued or made shall be given at such person's last 
known address written notice of the intention to cancel such document, 
together with the reasons therefor, and shall be given at least 60 days 
in which to show, pursuant to such regulation as the Secretary may 
prescribe, why such document should not be canceled. The cancellation 
under this section of any document purporting to show the citizenship 
status of the person to whom it was issued shall affect only the 
document and not the citizenship status of the person in whose name the 
document was issued.
    ``(b) For purposes of this section, the term `Consular Report of 
Birth' refers to the report, designated as a `Report of Birth Abroad of 
a Citizen of the United States', issued by a consular officer to 
document a citizen born abroad.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 360 the following new 
item:

``Sec. 361. Cancellation of United States passports and Consular 
                            Reports of Birth.''.

SEC. 213. REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED ALIENS.

    Not later than June 30, 1996, the Commissioner of the Immigration 
and Naturalization Service shall prepare and submit to the Congress a 
report concerning the citizenship status of aliens legalized under 
section 245A and section 210 of the Immigration and Nationality Act. 
Such report shall include the following information by district office 
for each national origin group:
            (1) The number of applications for citizenship filed.
            (2) The number of applications approved.
            (3) The number of applications denied.
            (4) The number of applications pending.

                  TITLE III--MISCELLANEOUS PROVISIONS

SEC. 301. SECRETARY OF STATE TO ISSUE UNITED STATES PASSPORTS TO UNITED 
              STATES CITIZENS AND NATIONALS ONLY.

    Section 2 of the Act of June 14, 1902 (32 Stat. 386; 22 U.S.C. 212) 
is amended by striking ``for any other persons than those owing 
allegiance, whether citizens or not, to the United States'' and 
inserting ``for any person other than a citizen or national of the 
United States.''.

SEC. 302. FRAUD AND MISUSE OF TRAVEL DOCUMENTS.

    (a) In General.--Title 18 of the United States Code is amended--
            (1) in section 911--
                    (A) by striking ``not more than $1,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``three years'' and inserting ``six 
                years'';
            (2) in section 1001--
                    (A) by striking ``not more than $10,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``five years'' and inserting ``ten 
                years'';
            (3) in section 1541--
                    (A) by striking ``not more than $500'' and 
                inserting ``under this title''; and
                    (B) by striking ``one year'' and inserting ``ten 
                years'';
            (4) in section 1542--
                    (A) by striking ``not more than $2,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``five years'' and inserting ``ten 
                years'';
            (5) in section 1543--
                    (A) by striking ``not more than $2,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``five years'' and inserting ``ten 
                years'';
            (6) in section 1544--
                    (A) by striking ``not more than $2,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``five years'' and inserting ``ten 
                years''; and
            (7) in section 1545--
                    (A) by striking ``not more than $2,000'' and 
                inserting ``under this title''; and
                    (B) by striking ``three years'' and inserting 
                ``five years''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to offenses committed on or after the date of enactment of this 
Act.

SEC. 303. BORDER PATROL MUSEUM AND MEMORIAL LIBRARY FOUNDATION.

    (a) Authority.--Notwithstanding section 203 of the Federal Property 
and Administrative Services Act of 1949 (40 U.S.C. 484) or any other 
provision of law, the Attorney General is authorized to transfer to the 
Border Patrol Museum and Memorial Library Foundation, incorporated in 
the State of Texas--
            (1) such equipment, artifacts, and memorabilia held by the 
        Immigration and Naturalization Service, and
            (2) such real property of the United States,
as the Attorney General may determine is necessary to further the 
purposes of the Museum and Foundation.
    (b) Technical Assistance.--The Attorney General is authorized to 
provide technical assistance, through the detail of personnel of the 
Immigration and Naturalization Service, to the Border Patrol Museum and 
Memorial Library Foundation for the purpose of demonstrating the use of 
the items transferred under subsection (a).

SEC. 304. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED ABROAD.

    (a) In General.--An alien lawfully admitted to the United States 
for permanent residence shall be considered, for purposes of section 
101(a)(27)(A) of the Immigration and Nationality Act (8 U.S.C. 
1101(a)(27)(A)), to be temporarily visiting abroad during any period 
before, on, or after the date of enactment of this Act in which the 
alien is employed by the American University of Beirut or by Beirut 
University College.
    (b) Repeal.--Private Law 98-53 (8 U.S.C. 1101 note) is hereby 
repealed.

            Attest:

                                                             Secretary.

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