H. R. 783

One Hundred Third Congress

of the

United States of America

AT THE SECOND SESSION

Begun and held at the City of Washington on Tuesday,

the twenty-fifth day of January, one thousand nine hundred and ninety-four

An Act

To amend title III of the Immigration and Nationality Act to make changes in

the laws relating to nationality and naturalization.

Be it enacted by the Senate and House of Representatives of

the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the ‘‘Immigration and Nationality

Technical Corrections Act of 1994’’.

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—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.

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.

Sec. 220. Waiver of foreign country residence requirement with respect to international medical graduates.

Sec. 221. Visas for officials of Taiwan.
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TITLE I—NATIONALITY AND

NATURALIZATION

SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZENSHIP TO 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 such person’s descent from an individual

described in 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.

(d) APPLICATION TO TRANSMISSION OF CITIZENSHIP.—This section, the amendments made by this section, and any retroactive

application of such amendments shall not effect any residency or

other retention requirements for citizenship as in effect before October 10, 1978, with respect to the transmission of citizenship.

SEC. 102. 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:
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‘‘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. 103. 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:
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‘‘(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. 104. 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. 105. 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 ‘‘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’’.
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(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. 106. ADMINISTRATIVE AND JUDICIAL DETERMINATIONS RELATING TO LOSS OF CITIZENSHIP.

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.’’.

SEC. 107. 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 cancellation of such document, together with the procedures for seeking

a prompt post-cancellation hearing. 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. 108. EXPANDING WAIVER OF THE GOVERNMENT KNOWLEDGE,

UNITED STATES HISTORY, AND ENGLISH LANGUAGE

REQUIREMENTS FOR NATURALIZATION.

(a) IN GENERAL.—Section 312 of the Immigration and National- ity Act (8 U.S.C. 1423) is amended— (1) by inserting ‘‘(a)’’ after ‘‘312.’’,

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

through ‘‘That’’,

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

and

(4) by adding at the end the following new subsection:
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‘‘(b)(1) The requirements of subsection (a) shall not apply to

any person who is unable because of physical or developmental

disability or mental impairment to comply therewith.

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

any person who, on the date of the filing of the person’s application

for naturalization as provided in section 334, either—

‘‘(A) is over fifty years of age and has been living in the

United States for periods totaling at least twenty years subsequent to a lawful admission for permanent residence, or

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

in the United States for periods totaling at least fifteen years

subsequent to a lawful admission for permanent residence.

‘‘(3) The Attorney General, pursuant to regulations, shall provide for special consideration, as determined by the Attorney General, concerning the requirement of subsection (a)(2) with respect

to any person who, on the date of the filing of the person’s application for naturalization as provided in section 334, is over sixtyfive years of age and has been living in the United States for

periods totaling at least twenty years subsequent to a lawful admission for permanent residence.’’.

(b) CONFORMING AMENDMENTS.—Section 245A(b)(1)(D) of such

Act (8 U.S.C. 1254a(b)(1)(D)) is amended by striking ‘‘312’’ each

place it appears and inserting ‘‘312(a)’’.

(c) EFFECTIVE DATE.—The amendments made by subsection

(a) shall take effect on the date of the enactment of this Act

and shall apply to applications for naturalization filed on or after

such date and to such applications pending on such date.

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

enactment of this Act, the Attorney General shall promulgate regulations to carry out section 312(b)(3) of the Immigration and

Nationality Act (as amended by subsection (a)).

SEC. 109. 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 II—TECHNICAL CORRECTIONS

OF IMMIGRATION LAWS

SEC. 201. 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’’.
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SEC. 202. G–4 SPECIAL IMMIGRANTS.

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 ‘‘(II)’’ and

all that follows through ‘‘; or’’ and inserting 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 1994, whichever is later; or’’.

SEC. 203. 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 such a 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. 204. 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. 205. 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. 206. FAMILY UNITY.

(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
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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. 207. TECHNICAL AMENDMENT REGARDING ONE-HOUSE VETO.

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. 208. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE

ASSISTANCE FOR FISCAL YEARS 1995, 1996, AND 1997.

Section 414(a) of the Immigration and Nationality Act (8 U.S.C.

1524(a)) is amended by striking ‘‘fiscal year 1993 and fiscal year

1994’’ and inserting ‘‘fiscal year 1995, fiscal year 1996, and fiscal

year 1997’’.

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

UNITED STATES.

(a) IN GENERAL.—Section 273 of the Immigration and Nationality Act (8 U.S.C. 1323) is amended—

(1) in subsections (b) and (d) by striking ‘‘the sum of $3000’’

and inserting ‘‘a fine of $3,000’’ each place it appears;

(2) in the first sentence of subsection (b) by striking ‘‘a

sum equal’’ and inserting ‘‘an amount equal’’;

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

‘‘a sum sufficient to cover such fine’’ and inserting ‘‘an amount

sufficient to cover such fine’’;

(4) by striking ‘‘sum’’ and ‘‘sums’’ each place either appears

and inserting ‘‘fine’’;

(5) in subsection (c) by striking ‘‘Such’’ and inserting

‘‘Except as provided in subsection (e), such’’; and

(6) by adding at the end the following new subsection:

‘‘(e) A fine under this section may be reduced, refunded, or

waived under such regulations as the Attorney General shall prescribe in cases in which—

‘‘(1) the carrier demonstrates that it had screened all passengers on the vessel or aircraft in accordance with procedures

prescribed by the Attorney General, or

‘‘(2) circumstances exist that the Attorney General determines would justify such reduction, refund, or waiver.’’.

(b) EFFECTIVE DATE.—The amendments made by this subsection shall apply with respect to aliens brought to the United

States more than 60 days after the date of enactment of this

Act.

SEC. 210. EXTENSION OF VISA WAIVER PILOT PROGRAM.

Section 217(f) of the Immigration and Nationality Act (8 U.S.C.

1187(f)) is amended by striking ‘‘ending’’ and all that follows through

the period and inserting ‘‘ending on September 30, 1996’’.
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SEC. 211. CREATION OF PROBATIONARY STATUS FOR PARTICIPANT

COUNTRIES IN THE VISA WAIVER PROGRAM.

Section 217 of the Immigration and Nationality Act (8 U.S.C.

1187) is amended—

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

‘‘or is designated as a pilot program country with probationary

status under subsection (g)’’;

(2) by adding at the end the following new subsection:

‘‘(g) PILOT PROGRAM COUNTRY WITH PROBATIONARY STATUS.—

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

of State acting jointly may designate any country as a pilot

program country with probationary status if it meets the

requirements of paragraph (2).

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

as a pilot program country with probationary status unless

the following requirements are met:

‘‘(A) NONIMMIGRANT VISA REFUSAL RATE FOR PREVIOUS

2-YEAR PERIOD.—The average number of refusals of nonimmigrant visitor visas for nationals of the country during

the two previous full fiscal years was less than 3.5 percent

of the total number of nonimmigrant visitor visas for

nationals of that country which were granted or refused

during those years.

‘‘(B) NONIMMIGRANT VISA REFUSAL RATE FOR PREVIOUS

YEAR.—The number of refusals of nonimmigrant visitor

visas for nationals of the country during the previous full

fiscal year was less than 3 percent of the total number

of nonimmigrant visitor visas for nationals of that country

which were granted or refused during that year.

‘‘(C) LOW EXCLUSIONS AND VIOLATIONS RATE FOR PREVIOUS YEAR.—The sum of—

‘‘(i) the total number of nationals of that country

who were excluded from admission or withdrew their

application for admission during the preceding fiscal

year as a nonimmigrant visitor, and

‘‘(ii) the total number of nationals of that country

who were admitted as nonimmigrant visitors during

the preceding fiscal year and who violated the terms

of such admission,

was less than 1.5 percent of the total number of nationals

of that country who applied for admission as nonimmigrant

visitors during the preceding fiscal year.

‘‘(D) MACHINE READABLE PASSPORT PROGRAM.—The

government of the country certifies that it has or is in

the process of developing a program to issue machinereadable passports to its citizens.

‘‘(3) CONTINUING AND SUBSEQUENT QUALIFICATIONS FOR

PILOT PROGRAM COUNTRIES WITH PROBATIONARY STATUS.—The

designation of a country as a pilot program country with

probationary status shall terminate if either of the following

occurs:

‘‘(A) The sum of—

‘‘(i) the total number of nationals of that country

who were excluded from admission or withdrew their

application for admission during the preceding fiscal

year as a nonimmigrant visitor, and
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‘‘(ii) the total number of nationals of that country

who were admitted as visitors during the preceding

fiscal year and who violated the terms of such admission,

is more than 2.0 percent of the total number of nationals

of that country who applied for admission as nonimmigrant

visitors during the preceding fiscal year.

‘‘(B) The country is not designated as a pilot program

country under subsection (c) within 3 fiscal years of its

designation as a pilot program country with probationary

status under this subsection.’’.

‘‘(4) DESIGNATION OF PILOT PROGRAM COUNTRIES WITH

PROBATIONARY STATUS AS PILOT PROGRAM COUNTRIES.—In the

case of a country which was a pilot program country with

probationary status in the preceding fiscal year, a country

may be designated by the Attorney General and the Secretary

of State, acting jointly, as a pilot program country under subsection (c) if—

‘‘(A) the total of the number of nationals of that country

who were excluded from admission or withdrew their

application for admission during the preceding fiscal year

as a nonimmigrant visitor, and

‘‘(B) the total number of nationals of that country who

were admitted as nonimmigrant visitors during the preceding fiscal year and who violated the terms of such

admission,

was less than 2 percent of the total number of nationals of

that country who applied for admission as nonimmigrant visitors during such preceding fiscal year.’’; and

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

‘‘Except as provided in subsection (g)(4), a country’’.

SEC. 212. TECHNICAL CHANGES TO NUMERICAL LIMITATIONS CONCERNING CERTAIN SPECIAL IMMIGRANTS.

(a) PANAMA CANAL SPECIAL IMMIGRANTS.—Section 3201 of the

Panama Canal Act of 1979 (Public Law 96–70) is amended by

striking subsection (c).

(b) ARMED FORCES SPECIAL IMMIGRANTS.—Section 203(b)(6) of

the Immigration and Nationality Act (8 U.S.C. 1153(b)(6)) is amended by striking subparagraph (C).

SEC. 213. EXTENSION OF TELEPHONE EMPLOYMENT VERIFICATION

SYSTEM.

Section 274A(d)(4)(A) of the Immigration and Nationality Act

(8 U.S.C. 1324a(d)(4)(A)) is amended in the second sentence by

striking ‘‘three’’ and inserting ‘‘five’’.

SEC. 214. EXTENSION OF EXPANDED DEFINITION OF SPECIAL

IMMIGRANT FOR RELIGIOUS WORKERS.

Section 101(a)(27)(C)(ii) of the Immigration and Nationality

Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended—

(1) in subclause (II) by striking ‘‘1994,’’ and inserting

‘‘1997,’’; and

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

‘‘1997,’’.
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SEC. 215. EXTENSION OF OFF-CAMPUS WORK AUTHORIZATION FOR

STUDENTS.

(a) IN GENERAL.—Section 221 of the Immigration Act of 1990 (Public Law 101–649; 104 Stat. 4978) as amended by section

303(b)(1) of the Miscellaneous and Technical Immigration and Naturalization Amendments of 1991 (Public Law 102–232; 105 Stat.

1747) is amended—

(1) in the heading for subsection (a) by striking ‘‘3-YEAR’’ and inserting ‘‘5-YEAR’’;

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

‘‘5-year’’; and (3) in subsection (b) by striking ‘‘1994,’’ and inserting

‘‘1996,’’.

SEC. 216. ELIMINATING OBLIGATION OF CARRIERS TO DETAIN STOWAWAYS.

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

Nationality Act (8 U.S.C. 1323(d)) is amended to read as follows:

‘‘The owner, charterer, agent, consignee, commanding officer, or

master of any vessel or aircraft arriving at the United States

from any place outside the United States who fails to deport any

alien stowaway on the vessel or aircraft on which such stowaway

arrived or on another vessel or aircraft at the expense of the

vessel or aircraft on which such stowaway arrived when required

to do so by an immigration officer, shall pay to the Commissioner

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

any such failure occurs.’’.

SEC. 217. COMPLETING USE OF VISAS PROVIDED UNDER DIVERSITY

TRANSITION PROGRAM.

(a) EXTENSION OF DIVERSITY TRANSITION PROGRAM.—Section

132 of the Immigration Act of 1990 (Public Law 101–649) is

amended—

(1) in subsection (a), by inserting before the period at

the end of the first sentence the following: ‘‘and in fiscal year

1995 a number of immigrant visas equal to the number of

such visas provided (but not made available) under this section

in previous fiscal years’’; and (2) in the next to last sentence of subsection (c), by striking

‘‘or 1993’’ and inserting ‘‘, 1993, or 1994’’.

(b) ADMINISTRATION OF 1995 DIVERSITY TRANSITION PRO- GRAM.— (1) ELIGIBILITY.—For the purpose of carrying out the extension of the diversity transition program under the amendments

made by subsection (a), applications for natives of diversity

transition countries submitted for fiscal year 1995 for diversity

immigrants under section 203(c) of the Immigration and

Nationality Act shall be considered applications for visas made

available for fiscal year 1995 for the diversity transition program under section 132 of the Immigration Act of 1990. No

application period for the fiscal year 1995 diversity transition

program shall be established and no new applications may

be accepted for visas made available under such program for

fiscal year 1995. Applications for visas in excess of the minimum

available to natives of the country specified in section 132(c)

of the Immigration Act of 1990 shall be selected for qualified

applicants within the several regions defined in section
H. R. 783—12

203(c)(1)(F) of the Immigration and Nationality Act in proportion to the region’s share of visas issued in the diversity transition program during fiscal years 1992 and 1993.

(2) NOTIFICATION.—Not later than 180 days after the date

of enactment of this Act, notification of the extension of the

diversity transition program for fiscal year 1995 and the provision of visa numbers shall be made to each eligible applicant

under paragraph (1).

(3) REQUIREMENTS.—Notwithstanding any other provision

of law, for the purpose of carrying out the extension of the

diversity transition program under the amendments made by

subsection (a), the requirement of section 132(b)(2) of the

Immigration Act of 1990 shall not apply to applicants under

such extension and the requirement of section 203(c)(2) of the

Immigration and Nationality Act shall apply to such applicants.

SEC. 218. EFFECT ON PREFERENCE DATE OF APPLICATION FOR

LABOR CERTIFICATION.

Section 161(c)(1) of the Immigration Act of 1990 (Public Law

101–649) is amended—

(1) by striking ‘‘or an application for labor certification

before such date under section 212(a)(14)’’; and

(2) in subparagraph (A)—

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

(B) by striking ‘‘, or 60 days after the date of certification in the case of labor certifications filed in support

of the petition under section 212(a)(14) of such Act before

October 1, 1991, but not certified until after October 1,

1993’’.

SEC. 219. 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’’.
H. R. 783—13

(f) Section 258 of the Immigration and Nationality Act (8 U.S.C.

1288) is amended in subsection (d)(3)(B) by striking ‘‘subparagraph

(A)’’ and inserting ‘‘subparagraph (A)(iii)’’.

(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)(2)(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—
H. R. 783—14

(1) in the subsection heading, by striking ‘‘Breached Bond/

Detention Account’’ 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’’ each place it appears;

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

‘‘of Public Law 102–395’’; and

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

‘‘Fund’’.

(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)’’.
H. R. 783—15

(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) Section 204(a)(1)(C) of the Immigration Reform and Control

Act of 1986 is amended by striking ‘‘year 1993 the first place

it appears’’ and inserting ‘‘years 1993’’.

(dd) 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.

(ee)(1) Section 210A of the Immigration and Nationality Act

(8 U.S.C. 1161) is repealed.

(2) The table of contents of the Immigration and Nationality

Act is amended by striking the item relating to section 210A.

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

by striking subsection (a).

(gg) The Copyright Royalty Tribunal Reform Act of 1993 (Public

Law 103–198; 107 Stat. 2304) is amended by striking section 8.

SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT

WITH RESPECT TO INTERNATIONAL MEDICAL GRADUATES.

(a) WAIVER.—Section 212(e) of the Immigration and Nationality Act (8 U.S.C. 1182(e)) is amended—

(1) in the first proviso by inserting ‘‘(or, in the case of an alien described in clause (iii), pursuant to the request of

a State Department of Public Health, or its equivalent)’’ after

‘‘interested United States Government agency’’; and (2) by inserting after ‘‘public interest’’ the following: ‘‘except

that in the case of a waiver requested by a State Department

of Public Health, or its equivalent the waiver shall be subject

to the requirements of section 214(k)’’.

(b) RESTRICTIONS ON WAIVER.—Section 214 of such Act (8 U.S.C.

1184) is amended by adding at the end the following: ‘‘(k)(1) In the case of a request by an interested State agency

for a waiver of the two-year foreign residence requirement under

section 212(e) with respect to an alien described in clause (iii)

of that section, the Attorney General shall not grant such waiver

unless—

‘‘(A) in the case of an alien who is otherwise contractually

obligated to return to a foreign country, the government of

such country furnishes the Director of the United States

Information Agency with a statement in writing that it has

no objection to such waiver;

‘‘(B) the alien demonstrates a bona fide offer of full-time

employment at a health facility and agrees to begin employment

at such facility within 90 days of receiving such waiver and

agrees to continue to work in accordance with paragraph (2)

at the health care facility in which the alien is employed

for a total of not less than 3 years (unless the Attorney General
H. R. 783—16

determines that extenuating circumstances such as the closure

of the facility or hardship to the alien would justify a lesser

period of time);

‘‘(C) the alien agrees to practice medicine in accordance

with paragraph (2) for a total of not less than 3 years only

in the geographic area or areas which are designated by the

Secretary of Health and Human Services as having a shortage

of health care professionals; and

‘‘(D) the grant of such waiver would not cause the number

of waivers allotted for that State for that fiscal year to exceed

twenty.

‘‘(2)(A) Notwithstanding section 248(2), the Attorney General

may change the status of an alien that qualifies under this subsection and section 212(e) to that of an alien described in section

101(a)(15)(H)(i)(b).

‘‘(B) No person who has obtained a change of status under

subparagraph (A) and who has failed to fulfill the terms of a

contract with a health facility shall be eligible to apply for an

immigrant visa, for permanent residence, or for any other change

of nonimmigrant status until it is established that such person

has resided and been physically present in the country of his

nationality or his last residence for an aggregate of at least two

years following departure from the United States.

‘‘(3) Notwithstanding any other provision of this subsection,

the two-year foreign residence requirement under section 212(e)

shall apply with respect to an alien described in clause (iii) of

that section, who has not otherwise been accorded status under

section 101(a)(27)(H), if at any time the alien practices medicine

in an area other than an area described in paragraph (1)(C).’’. (c) EFFECTIVE DATE.—The amendments made by this section

shall apply to aliens admitted to the United States under section

101(a)(15)(J) of the Immigration and Nationality Act, or acquiring

such status after admission to the United States, before, on, or

after the date of enactment of this Act and before June 1, 1996.

SEC. 221. VISAS FOR OFFICIALS OF TAIWAN.

Whenever the President of Taiwan or any other high-level

official of Taiwan shall apply to visit the United States for the

purposes of discussions with United States Federal or State government officials concerning— (1) trade or business with Taiwan that will reduce the

United States-Taiwan trade deficit;

(2) prevention of nuclear proliferation;

(3) threats to the national security of the United States;

(4) the protection of the global environment;

(5) the protection of endangered species; or

(6) regional humanitarian disasters.

The official shall be admitted to the United States, unless the

official is otherwise excludable under the immigration laws of the

United States.

SEC. 222. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.

(a) EXPANSION OF DEFINITION.—Section 101(a)(43) of the

Immigration and Nationality Act (8 U.S.C. 1101(a)(43)) is amended

to read as follows:

‘‘(43) The term ‘aggravated felony’ means—

‘‘(A) murder;
H. R. 783—17

‘‘(B) illicit trafficking in a controlled substance (as

defined in section 102 of the Controlled Substances Act),

including a drug trafficking crime (as defined in section

924(c) of title 18, United States Code);

‘‘(C) illicit trafficking in firearms or destructive devices

(as defined in section 921 of title 18, United States Code)

or in explosive materials (as defined in section 841(c) of

that title);

‘‘(D) an offense described in section 1956 of title 18,

United States Code (relating to laundering of monetary

instruments) or section 1957 of that title (relating to engaging in monetary transactions in property derived from specific unlawful activity) if the amount of the funds exceeded

$100,000;

‘‘(E) an offense described in—

‘‘(i) section 842 (h) or (i) of title 18, United States

Code, or section 844 (d), (e), (f), (g), (h), or (i) of that

title (relating to explosive materials offenses);

‘‘(ii) section 922(g) (1), (2), (3), (4), or (5), (j), (n),

(o), (p), or (r) or 924 (b) or (h) of title 18, United

States Code (relating to firearms offenses); or

‘‘(iii) section 5861 of the Internal Revenue Code

of 1986 (relating to firearms offenses);

‘‘(F) a crime of violence (as defined in section 16 of

title 18, United States Code, but not including a purely

political offense) for which the term of imprisonment

imposed (regardless of any suspension of imprisonment)

is at least 5 years; ‘‘(G) a theft offense (including receipt of stolen property)

or burglary offense for which the term of imprisonment

imposed (regardless of any suspension of such imprisonment) is at least 5 years; ‘‘(H) an offense described in section 875, 876, 877,

or 1202 of title 18, United States Code (relating to the

demand for or receipt of ransom);

‘‘(I) an offense described in section 2251, 2251A, or

2252 of title 18, United States Code (relating to child

pornography); ‘‘(J) an offense described in section 1962 of title 18,

United States Code (relating to racketeer influenced corrupt organizations) for which a sentence of 5 years’ imprisonment or more may be imposed; ‘‘(K) an offense that—

‘‘(i) relates to the owning, controlling, managing,

or supervising of a prostitution business; or

‘‘(ii) is described in section 1581, 1582, 1583, 1584,

1585, or 1588, of title 18, United States Code (relating

to peonage, slavery, and involuntary servitude);

‘‘(L) an offense described in—

‘‘(i) section 793 (relating to gathering or transmitting national defense information), 798 (relating to

disclosure of classified information), 2153 (relating to

sabotage) or 2381 or 2382 (relating to treason) of title

18, United States Code; or

‘‘(ii) section 601 of the National Security Act of

1947 (50 U.S.C. 421) (relating to protecting the identity

of undercover intelligence agents);
H. R. 783—18

‘‘(M) an offense that—

‘‘(i) involves fraud or deceit in which the loss to

the victim or victims exceeds $200,000; or

‘‘(ii) is described in section 7201 of the Internal

Revenue Code of 1986 (relating to tax evasion) in which

the revenue loss to the Government exceeds $200,000;

‘‘(N) an offense described in section 274(a)(1) of title

18, United States Code (relating to alien smuggling) for

the purpose of commercial advantage; ‘‘(O) an offense described in section 1546(a) of title

18, United States Code (relating to document fraud) which

constitutes trafficking in the documents described in such

section for which the term of imprisonment imposed

(regardless of any suspicion of such imprisonment) is at

least 5 years; ‘‘(P) an offense relating to a failure to appear by a defendant for service of sentence if the underlying offense

is punishable by imprisonment for a term of 15 years

or more; and

‘‘(Q) an attempt or conspiracy to commit an offense described in this paragraph. The term applies to an offense described in this paragraph

whether in violation of Federal or State law and applies to

such an offense in violation of the law of a foreign country

for which the term of imprisonment was completed within

the previous 15 years.’’.

(b) EFFECTIVE DATE.—The amendments made by this section shall apply to convictions entered on or after the date of enactment

of this Act.

SEC. 223. SUMMARY DEPORTATION.

(a) EXPEDITED PROCEDURES.—Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended— (1) in subsection (b)(4)(D), by striking ‘‘the determination of deportability is supported by clear, convincing, and unequivocal evidence and’’; and

(2) in subsection (b)(4)(E), by striking ‘‘entered’’ and insert- ing ‘‘adjudicated’’.

(b) TECHNICAL CORRECTION.—Section 106(d)(1)(D) of the

Immigration and Nationality Act (8 U.S.C. 1105a) is amended by

striking ‘‘242A(b)(5)’’ and inserting ‘‘242A(b)(4)’’.

SEC. 224. JUDICIAL DEPORTATION.

(a) JUDICIAL DEPORTATION.—Section 242A of the Immigration and Nationality Act (8 U.S.C. 1252a) is amended by adding at

the end the following new subsection: ‘‘(d) JUDICIAL DEPORTATION.— ‘‘(1) AUTHORITY.—Notwithstanding any other provision of this Act, a United States district court shall have jurisdiction

to enter a judicial order of deportation at the time of sentencing

against an alien whose criminal conviction causes such alien

to be deportable under section 241(a)(2)(A), if such an order

has been requested by the United States Attorney with the

concurrence of the Commissioner and if the court chooses to

exercise such jurisdiction.

‘‘(2) PROCEDURE.—

‘‘(A) The United States Attorney shall file with the

United States district court, and serve upon the defendant
H. R. 783—19

and the Service, prior to commencement of the trial or

entry of a guilty plea a notice of intent to request judicial

deportation.

‘‘(B) Notwithstanding section 242B, the United States

Attorney, with the concurrence of the Commissioner, shall

file at least 30 days prior to the date set for sentencing

a charge containing factual allegations regarding the

alienage of the defendant and identifying the crime or

crimes which make the defendant deportable under section

241(a)(2)(A).

‘‘(C) If the court determines that the defendant has

presented substantial evidence to establish prima facie

eligibility for relief from deportation under this Act, the

Commissioner shall provide the court with a recommendation and report regarding the alien’s eligibility for relief.

The court shall either grant or deny the relief sought.

‘‘(D)(i) The alien shall have a reasonable opportunity

to examine the evidence against him or her, to present

evidence on his or her own behalf, and to cross-examine

witnesses presented by the Government.

‘‘(ii) The court, for the purposes of determining whether

to enter an order described in paragraph (1), shall only

consider evidence that would be admissible in proceedings

conducted pursuant to section 242(b).

‘‘(iii) Nothing in this subsection shall limit the information a court of the United States may receive or consider

for the purposes of imposing an appropriate sentence.

‘‘(iv) The court may order the alien deported if the

Attorney General demonstrates that the alien is deportable

under this Act.

‘‘(3) NOTICE, APPEAL, AND EXECUTION OF JUDICIAL ORDER

OF DEPORTATION.— ‘‘(A)(i) A judicial order of deportation or denial of such

order may be appealed by either party to the court of

appeals for the circuit in which the district court is located.

‘‘(ii) Except as provided in clause (iii), such appeal

shall be considered consistent with the requirements

described in section 106.

‘‘(iii) Upon execution by the defendant of a valid waiver

of the right to appeal the conviction on which the order

of deportation is based, the expiration of the period

described in section 106(a)(1), or the final dismissal of

an appeal from such conviction, the order of deportation

shall become final and shall be executed at the end of

the prison term in accordance with the terms of the order.

If the conviction is reversed on direct appeal, the order

entered pursuant to this section shall be void.

‘‘(B) As soon as is practicable after entry of a judicial

order of deportation, the Commissioner shall provide the

defendant with written notice of the order of deportation,

which shall designate the defendant’s country of choice

for deportation and any alternate country pursuant to section 243(a).

‘‘(4) DENIAL OF JUDICIAL ORDER.—Denial without a decision

on the merits of a request for a judicial order of deportation

shall not preclude the Attorney General from initiating deportation proceedings pursuant to section 242 upon the same ground
H. R. 783—20

of deportability or upon any other ground of deportability provided under section 241(a).’’.

(b) TECHNICAL AMENDMENT.—The ninth sentence of section

242(b) of the Immigration and Nationality Act (8 U.S.C. 1252(b))

is amended by striking ‘‘The’’ and inserting ‘‘Except as provided

in section 242A(d), the’’.

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

shall apply to all aliens whose adjudication of guilt or guilty plea

is entered in the record after the date of enactment of this Act.

SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.

No amendment made by this Act and nothing in section 242(i)

of the Immigration and Nationality Act (8 U.S.C. 1252(i)) shall

be construed to create any substantive or procedural right or benefit

that is legally enforceable by any party against the United States

or its agencies or officers or any other person.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.