IV

103D CONGRESS

2D SESSION H. RES. 533

To provide for the concurrence of the House to the amendment of the

Senate to the bill (H.R. 783) with an amendment.

IN THE HOUSE OF REPRESENTATIVES

SEPTEMBER 20 1994

Mr. MAZZOLI submitted the following resolution; which was considered under

suspension of the rules and passed

RESOLUTION

To provide for the concurrence of the House to the amendment of the Senate to the bill (H.R. 783) with an amendment.

1 Resolved, That upon the adoption of this resolution

2 the bill (H.R. 783) to amend title III of the Immigration

3 and Nationality Act to make changes in the laws relating

4 to nationality and naturalization, with a Senate amend5 ment thereto, be and are hereby taken from the Speaker’s

6 table to the end that the Senate amendment be and is

7 hereby agreed to with the following amendment:

8 In lieu of the matter proposed to be inserted by the

9 amendment of the Senate to the text of the bill H.R. 783,

10 insert the following:
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1 ‘‘SECTION 1. SHORT TITLE.

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

4 ‘‘SEC. 2. TABLE OF CONTENTS.

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

‘‘Sec. 1. Short title.

‘‘Sec. 2. Table of contents.

‘‘TITLE I—NATIONALITY AND NATURALIZATION

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

abroad.

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

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

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

‘‘Sec. 105. Terminology relating to expatriation.

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

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

birth.

‘‘Sec. 108. Expanding waiver of the Government knowledge, United States history, and English language requirements for naturalization.

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

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

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

provisions.

1 ‘‘TITLE I—NATIONALITY AND

2 NATURALIZATION

3 ‘‘SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING

4 CITIZENSHIP TO CHILDREN BORN ABROAD.

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

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

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

9 ‘‘(2) by adding at the end the following new

10 paragraph:

11 ‘‘ ‘(h) a person born before noon (Eastern

12 Standard Time) May 24, 1934, outside the limits

13 and jurisdiction of the United States of an alien fa14 ther and a mother who is a citizen of the United

15 States who, prior to the birth of such person, had

16 resided in the United States.’.

17 ‘‘(b) WAIVER OF RETENTION REQUIREMENTS.—Any

18 provision of law (including section 301(b) of the Immigra19 tion and Nationality Act (as in effect before October 10,

20 1978), and the provisos of section 201(g) of the National21 ity Act of 1940) that provided for a person’s loss of citi22 zenship or nationality if the person failed to come to, or

23 reside or be physically present in, the United States shall

24 not apply in the case of a person claiming United States
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1 citizenship based on such person’s descent from an indi2 vidual described in section 301(h) of the Immigration and

3 Nationality Act (as added by subsection (a)).

4 ‘‘(c) RETROACTIVE APPLICATION.—(1) Except as

5 provided in paragraph (2), the immigration and national6 ity laws of the United States shall be applied (to persons

7 born before, on, or after the date of the enactment of this

8 Act) as though the amendment made by subsection (a),

9 and subsection (b), had been in effect as of the date of

10 their birth, except that the retroactive application of the

11 amendment and that subsection shall not affect the valid12 ity of citizenship of anyone who has obtained citizenship

13 under section 1993 of the Revised Statutes (as in effect

14 before the enactment of the Act of May 24, 1934 (48 Stat.

15 797)).

16 ‘‘(2) The retroactive application of the amendment

17 made by subsection (a), and subsection (b), shall not con18 fer citizenship on, or affect the validity of any

19 denaturalization, deportation, or exclusion action against,

20 any person who is or was excludable from the United

21 States under section 212(a)(3)(E) of the Immigration and

22 Nationality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor

23 provision) or who was excluded from, or who would not

24 have been eligible for admission to, the United States
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1 under the Displaced Persons Act of 1948 or under section

2 14 of the Refugee Relief Act of 1953.

3 ‘‘(d) APPLICATION TO TRANSMISSION OF CITIZEN4 SHIP.—This section, the amendments made by this sec5 tion, and any retroactive application of such amendments

6 shall not affect any residency or other retention require7 ments for citizenship as in effect before October 10, 1978,

8 with respect to the transmission of citizenship.

9 ‘‘SEC. 102. NATURALIZATION OF CHILDREN ON APPLICA10 TION OF CITIZEN PARENT.

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

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

13 as follows:

14 ‘‘ ‘CHILD BORN OUTSIDE THE UNITED STATES; APPLICA15 TION FOR CERTIFICATE OF CITIZENSHIP REQUIRE16 MENTS

17 ‘‘ ‘SEC. 322. (a) A parent who is a citizen of the Unit18 ed States may apply to the Attorney General for a certifi19 cate of citizenship on behalf of a child born outside the

20 United States. The Attorney General shall issue such a

21 certificate of citizenship upon proof to the satisfaction of

22 the Attorney General that the following conditions have

23 been fulfilled:

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

25 United States, whether by birth or naturalization.
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1 ‘‘ ‘(2) The child is physically present in the

2 United States pursuant to a lawful admission.

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

4 and in the legal custody of the citizen parent.

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

6 of the child, the child was adopted by the citizen

7 parent before the child reached the age of 16 years

8 and the child meets the requirements for being a

9 child under subparagraph (E) or (F) of section

10 101(b)(1).

11 ‘‘ ‘(5) If the citizen parent has not been phys12 ically present in the United States or its outlying

13 possessions for a period or periods totaling not less

14 than five years, at least two of which were after at15 taining the age of fourteen years—

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

17 the United States with the citizen parent, pur18 suant to a lawful admission for permanent resi19 dence, or

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

21 has been physically present in the United States

22 or its outlying possessions for a period or peri23 ods totaling not less than five years, at least

24 two of which were after attaining the age of

25 fourteen years.
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1 ‘‘ ‘(b) Upon approval of the application (which may

2 be filed abroad) and, except as provided in the last sen3 tence of section 337(a), upon taking and subscribing be4 fore an officer of the Service within the United States to

5 the oath of allegiance required by this Act of an applicant

6 for naturalization, the child shall become a citizen of the

7 United States and shall be furnished by the Attorney Gen8 eral with a certificate of citizenship.

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

10 adopted child of a United States citizen adoptive parent

11 if the conditions specified in such subsection have been

12 fulfilled.’.

13 ‘‘(b) CONFORMING AMENDMENT.—Subsection (c) of

14 section 341 of such Act (8 U.S.C. 1452) is repealed.

15 ‘‘(c) CLERICAL AMENDMENT.—The item in the table

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

17 to read as follows:

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

citizenship requirements.’.

18 ‘‘(d) EFFECTIVE DATE.—The amendments made by

19 this section shall take effect on the first day of the first

20 month beginning more than 120 days after the date of

21 the enactment of this Act.
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1 ‘‘SEC. 103. FORMER CITIZENS OF UNITED STATES REGAIN2 ING UNITED STATES CITIZENSHIP.

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

4 and Nationality Act (8 U.S.C. 1435) is amended by add5 ing at the end the following new subsection:

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

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

8 the physical presence retention requirements under section

9 301(b) (as in effect before October 10, 1978), shall, from

10 and after taking the oath of allegiance required by section

11 337 be a citizen of the United States and have the status

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

13 an application for naturalization, and notwithstanding any

14 of the other provisions of this title except the provisions

15 of section 313. Nothing in this subsection or any other

16 provision of law shall be construed as conferring United

17 States citizenship retroactively upon such person during

18 any period in which such person was not a citizen.

19 ‘‘ ‘(2) The provisions of paragraphs (2) and (3) of

20 subsection (c) shall apply to a person regaining citizenship

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

22 under subsection (c)(1).’.

23 ‘‘(b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall take effect on the first day of the first

25 month beginning more than 120 days after the date of

26 the enactment of this Act.
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1 ‘‘SEC. 104. INTENT TO RESIDE PERMANENTLY IN THE UNIT2 ED STATES AFTER NATURALIZATION.

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

4 and Nationality Act (8 U.S.C. 1449) is amended by strik5 ing ‘intends to reside permanently in the United States,

6 except in cases falling within the provisions of section

7 324(a) of this title,’.

8 ‘‘(b) CONFORMING REPEAL.—Section 340(d) of such

9 Act (8 U.S.C. 1451(d)) is repealed.

10 ‘‘(c) CONFORMING REDESIGNATION.—Section 340 of

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

12 ‘‘(1) by redesignating subsections (e), (f), (g),

13 (h), and (i) as subsections (d), (e), (f), (g), and (h),

14 respectively; and

15 ‘‘(2) in subsection (d) (as redesignated), by

16 striking ‘subsections (c) or (d)’ and inserting ‘sub17 section (c)’.

18 ‘‘(d) CONFORMING AMENDMENT.—Section 405 of the

19 Immigration Act of 1990 is amended by striking sub20 section (b).

21 ‘‘(e) EFFECTIVE DATE.—The amendment made by

22 subsection (a) shall apply to persons admitted to citizen23 ship on or after the date of enactment of this Act.

24 ‘‘SEC. 105. TERMINOLOGY RELATING TO EXPATRIATION.

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

26 and Nationality Act (8 U.S.C. 1483) is amended—
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1 ‘‘(1) in the heading, by striking ‘EXPATRIATION’

2 and inserting ‘LOSS OF NATIONALITY’;

3 ‘‘(2) in subsection (a)—

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

5 expatriated’ and inserting ‘lose United States

6 nationality’, and

7 ‘‘(B) by striking ‘expatriation’ and insert8 ing ‘loss of nationality’; and

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

10 himself’ and inserting ‘lost United States national11 ity’.

12 ‘‘(b) CLERICAL AMENDMENT.—The item in the table

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

14 to read as follows:

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

15 ‘‘SEC. 106. ADMINISTRATIVE AND JUDICIAL DETERMINA16 TIONS RELATING TO LOSS OF CITIZENSHIP.

17 ‘‘Section 358 of the Immigration and Nationality Act

18 (8 U.S.C. 1501) is amended by adding at the end the fol19 lowing new sentence: ‘Approval by the Secretary of State

20 of a certificate under this section shall constitute a final

21 administrative determination of loss of United States na22 tionality under this Act, subject to such procedures for

23 administrative appeal as the Secretary may prescribe by

24 regulation, and also shall constitute a denial of a right
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1 or privilege of United States nationality for purposes of

2 section 360.’.

3 ‘‘SEC. 107. CANCELLATION OF UNITED STATES PASSPORTS

4 AND CONSULAR REPORTS OF BIRTH.

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

6 Nationality Act is amended by adding at the end the fol7 lowing new section:

8 ‘‘ ‘CANCELLATION OF UNITED STATES PASSPORTS AND

9 CONSULAR REPORTS OF BIRTH

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

11 to cancel any United States passport or Consular Report

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

13 document was illegally, fraudulently, or erroneously ob14 tained from, or was created through illegality or fraud

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

16 such document has been issued or made shall be given,

17 at such person’s last known address, written notice of the

18 cancellation of such document, together with the proce19 dures for seeking a prompt post-cancellation hearing. The

20 cancellation under this section of any document purport21 ing to show the citizenship status of the person to whom

22 it was issued shall affect only the document and not the

23 citizenship status of the person in whose name the docu24 ment was issued.

25 ‘‘ ‘(b) For purposes of this section, the term ‘‘Con26 sular Report of Birth’’ refers to the report, designated as
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1 a ‘‘Report of Birth Abroad of a Citizen of the United

2 States’’, issued by a consular officer to document a citizen

3 born abroad.’.

4 ‘‘(b) CLERICAL AMENDMENT.—The table of contents

5 is amended by inserting after the item relating to section

6 360 the following new item:

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

Birth.’.

7 ‘‘SEC. 108. EXPANDING WAIVER OF THE GOVERNMENT

8 KNOWLEDGE, UNITED STATES HISTORY, AND

9 ENGLISH LANGUAGE REQUIREMENTS FOR

10 NATURALIZATION.

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

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

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

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

15 follows through ‘That’,

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

17 paragraph’, and

18 ‘‘(4) by adding at the end the following new

19 subsection:

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

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

22 developmental disability or mental impairment to comply

23 therewith.
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1 ‘‘ ‘(2) The requirement of subsection (a)(1) shall not

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

3 person’s application for naturalization as provided in sec4 tion 334, either—

5 ‘‘ ‘(A) is over fifty years of age and has been

6 living in the United States for periods totalling at

7 least twenty years subsequent to a lawful admission

8 for permanent residence, or

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

10 been living in the United States for periods totaling

11 at least fifteen years subsequent to a lawful admis12 sion for permanent residence.

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

14 shall provide for special consideration, as determined by

15 the Attorney General, concerning the requirement of sub16 section (a)(2) with respect to any person who, on the date

17 of the filing of the person’s application for naturalization

18 as provided in section 334, is over sixty-five years of age

19 and has been living in the United States for periods total20 ing at least twenty years subsequent to a lawful admission

21 for permanent residence.’.

22 ‘‘(b) CONFORMING AMENDMENTS.—Section

23 245A(b)(1)(D) of such Act (8 U.S.C. 1254a(b)(1)(D)) is

24 amended by striking ‘312’ each place it appears and in25 serting ‘312(a)’.
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1 ‘‘(c) EFFECTIVE DATE.—The amendments made by

2 subsection (a) shall take effect on the date of the enact3 ment of this Act and shall apply to applications for natu4 ralization filed on or after such date and to such applica5 tions pending on such date.

6 ‘‘(d) REGULATIONS.—Not later than 120 days after

7 the date of enactment of this Act, the Attorney General

8 shall promulgate regulations to carry out section

9 312(b)(3) of the Immigration and Nationality Act (as

10 amended by subsection (a)).

11 ‘‘SEC. 109. REPORT ON CITIZENSHIP OF CERTAIN LEGAL12 IZED ALIENS.

13 ‘‘Not later than June 30, 1996, the Commissioner of

14 the Immigration and Naturalization Service shall prepare

15 and submit to the Congress a report concerning the citi16 zenship status of aliens legalized under section 245A and

17 section 210 of the Immigration and Nationality Act. Such

18 report shall include the following information by district

19 office for each national origin group:

20 ‘‘(1) The number of applications for citizenship

21 filed.

22 ‘‘(2) The number of applications approved.

23 ‘‘(3) The number of applications denied.

24 ‘‘(4) The number of applications pending.
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1 ‘‘TITLE II—TECHNICAL CORREC2 TIONS OF IMMIGRATION

3 LAWS

4 ‘‘SEC. 201. AMERICAN INSTITUTE IN TAIWAN.

5 ‘‘Section 101(a)(27)(D) of the Immigration and Na6 tionality Act (8 U.S.C. 1101(a)(27)(D)) is amended—

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

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

9 abroad,’; and

10 ‘‘(2) by inserting ‘(or, in the case of the Amer11 ican Institute in Taiwan, the Director thereof)’ after

12 ‘Foreign Service establishment’.

13 ‘‘SEC. 202. G–4 SPECIAL IMMIGRANTS.

14 ‘‘Section 101(a)(27)(I)(iii) of the Immigration and

15 Nationality Act (8 U.S.C. 1101(a)(27)(I)(iii)) is amended

16 by striking ‘(II)’ and all that follows through ‘; or’ and

17 inserting the following: ‘(II) files a petition for status

18 under this subparagraph no later than six months after

19 the date of such retirement or six months after the date

20 of enactment of the Immigration and Nationality Tech21 nical Corrections Act of 1994, whichever is later; or’.
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1 ‘‘SEC. 203. CLARIFICATION OF CERTAIN GROUNDS FOR EX2 CLUSION AND DEPORTATION.

3 ‘‘(a) EXCLUSION GROUNDS.—Section 212 of the Im4 migration and Nationality Act (8 U.S.C. 1182) is amend5 ed—

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

7 ‘or an attempt or conspiracy to commit such a

8 crime’ after ‘offense)’,

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

10 ‘or attempt’ after ‘conspiracy’, and

11 ‘‘(3) in the last sentence of subsection (h), by

12 inserting ‘, or an attempt or conspiracy to commit

13 murder or a criminal act involving torture’ after

14 ‘torture’.

15 ‘‘(b) DEPORTATION GROUNDS.—Section 241(a) of

16 such Act (8 U.S.C. 1251(a)) is amended—

17 ‘‘(1) in paragraph (2)(C)—

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

19 and inserting ‘, or of attempting or conspiring

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

21 own, possess, or carry,’, and

22 ‘‘(B) by inserting ‘in violation of any law’

23 after ‘Code)’; and

24 ‘‘(2) in paragraph (3)(B), by inserting ‘an at25 tempt or’ before ‘a conspiracy’ each place it appears

26 in clauses (ii) and (iii).
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1 ‘‘(c) EFFECTIVE DATE.—The amendments made by

2 this section shall apply to convictions occurring before, on,

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

4 ‘‘SEC. 204. UNITED STATES CITIZENS ENTERING AND DE5 PARTING ON UNITED STATES PASSPORTS.

6 ‘‘(a) IN GENERAL.—Section 215(b) of the Immigra7 tion and Nationality Act (8 U.S.C. 1185(b)) is amended

8 by inserting ‘United States’ after ‘valid’.

9 ‘‘(b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall apply to departures and entries (and

11 attempts thereof) occurring on or after the date of enact12 ment of this Act.

13 ‘‘SEC. 205. APPLICATIONS FOR VISAS.

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

15 222(a) of the Immigration and Nationality Act (8 U.S.C.

16 1202(a)) is amended—

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

18 ‘the alien’, and

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

20 follows through ‘exempt from exclusion under the

21 immigration laws;’.

22 ‘‘(b) EFFECTIVE DATE.—The amendments made by

23 subsection (a) shall apply to applications made on or after

24 the date of the enactment of this Act.
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1 ‘‘SEC. 206. FAMILY UNITY.

2 ‘‘(a) IN GENERAL.—Section 301(a) of the Immigra3 tion Act of 1990 is amended by inserting after ‘May 5,

4 1988’ the following: ‘(in the case of a relationship to a

5 legalized alien described in subsection (b)(2)(B) or

6 (b)(2)(C)) or as of December 1, 1988 (in the case of a

7 relationship to a legalized alien described in subsection

8 (b)(2)(A))’.

9 ‘‘(b) EFFECTIVE DATE.—The amendment made by

10 subsection (a) shall be deemed to have become effective

11 as of October 1, 1991.

12 ‘‘SEC. 207. TECHNICAL AMENDMENT REGARDING ONE13 HOUSE VETO.

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

15 U.S.C. 1255b(c)) is amended—

16 ‘‘(1) by striking the third sentence; and

17 ‘‘(2) in the fourth sentence, by striking ‘If nei18 ther the Senate nor the House of Representatives

19 passes such a resolution within the time above speci20 fied the’ and inserting ‘The’.

21 ‘‘SEC. 208. AUTHORIZATION OF APPROPRIATIONS FOR REF22 UGEE ASSISTANCE FOR FISCAL YEARS 1995,

23 1996, AND 1997.

24 ‘‘Section 414(a) of the Immigration and Nationality

25 Act (8 U.S.C. 1524(a)) is amended by striking ‘fiscal year
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1 1993 and fiscal year 1994’ and inserting ‘fiscal year 1995,

2 fiscal year 1996, and fiscal year 1997’.

3 ‘‘SEC. 209. FINES FOR UNLAWFUL BRINGING OF ALIENS

4 INTO THE UNITED STATES.

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

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

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

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

9 place it appears;

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

11 striking ‘a sum equal’ and inserting ‘an amount

12 equal’;

13 ‘‘(3) in the second sentence of subsection (d) by

14 striking ‘a sum sufficient to cover such fine’ and in15 serting ‘an amount sufficient to cover such fine’;

16 ‘‘(4) by striking ‘sum’ and ‘sums’ each place ei17 ther appears and inserting ‘fine’;

18 ‘‘(5) in subsection (c) by striking ‘Such’ and in19 serting ‘Except as provided in subsection (e), such’;

20 and

21 ‘‘(6) by adding at the end the following new

22 subsection:

23 ‘‘ ‘(e) A fine under this section may be reduced, re24 funded, or waived under such regulations as the Attorney

25 General shall prescribe in cases in which—
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1 ‘‘ ‘(1) the carrier demonstrates that it had

2 screened all passengers on the vessel or aircraft in

3 accordance with procedures prescribes by the Attor4 ney General, or

5 ‘‘ ‘(2) circumstances exist that the Attorney

6 General determines would justify such reduction, re7 fund, or waiver.’.

8 ‘‘(b) EFFECTIVE DATE.—The amendments made by

9 this subsection shall apply with respect to aliens brought

10 to the United States more than 60 days after the date

11 of enactment of this Act.

12 ‘‘SEC. 210. EXTENSION OF VISA WAIVER PILOT PROGRAM.

13 ‘‘Section 217(f) of the Immigration and Nationality

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

15 and all that follows through the period and inserting ‘end16 ing on September 30, 1996’.

17 ‘‘SEC. 211. CREATION OF PROBATIONARY STATUS FOR PAR18 TICIPANT COUNTRIES IN THE VISA WAIVER

19 PROGRAM.

20 ‘‘Section 217 of the Immigration and Nationality Act

21 (8 U.S.C. 1187) is amended—

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

23 the period ‘or is designated as a pilot program coun24 try with probationary status under subsection (g)’;
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1 ‘‘(2) by adding at the end the following new

2 subsection:

3 ‘‘ ‘(g) PILOT PROGRAM COUNTRY WITH PROBATION4 ARY STATUS.—

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

6 the Secretary of State acting jointly may designate

7 any country as a pilot program country with proba8 tionary status if it meets the requirements of para9 graph (2).

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

11 designated as a pilot program country with proba12 tionary status unless the following requirements are

13 met:

14 ‘‘ ‘(A) NONIMMIGRANT VISA REFUSAL RATE

15 FOR PREVIOUS 2-YEAR PERIOD.—The average

16 number of refusals of nonimmigrant visitor

17 visas for nationals of the country during the

18 two previous full fiscal years was less than 3.5

19 percent of the total number of nonimmigrant

20 visitor visas for nationals of that country which

21 were granted or refused during those years.

22 ‘‘ ‘(B) NONIMMIGRANT VISA REFUSAL

23 RATE FOR PREVIOUS YEAR.—The number of re24 fusals of nonimmigrant visitor visas for nation25 als of the country during the previous full fiscal
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1 year was less than 3 percent of the total num2 ber of nonimmigrant visitor visas for nationals

3 of that country which were granted or refused

4 during that year.

5 ‘‘ ‘(C) LOW EXCLUSIONS AND VIOLATIONS

6 RATE FOR PREVIOUS YEAR.—The sum of—

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

8 that country who were excluded from ad9 mission or withdrew their application for

10 admission during the preceding fiscal year

11 as a nonimmigrant visitor, and

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

13 that country who were admitted as non14 immigrant visitors during the preceding

15 fiscal year and who violated the terms of

16 such admission,

17 was less than 1.5 percent of the total number

18 of nationals of that country who applied for ad19 mission as nonimmigrant visitors during the

20 preceding fiscal year.

21 ‘‘ ‘(D) MACHINE READABLE PASSPORT

22 PROGRAM.—The government of the country cer23 tifies that it has or is in the process of develop24 ing a program to issue machine-readable pass25 ports to its citizens.
23

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1 ‘‘ ‘(3) CONTINUING AND SUBSEQUENT QUALI2 FICATIONS FOR PILOT PROGRAM COUNTRIES WITH

3 PROBATIONARY STATUS.—The designation of a

4 country as a pilot program country with probation5 ary status shall terminate if either of the following

6 occurs:

7 ‘‘ ‘(A) The sum of—

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

9 that country who were excluded from ad10 mission or withdrew their application for

11 admission during the preceding fiscal year

12 as a nonimmigrant visitor, and

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

14 that country who were admitted as visitors

15 during the preceding fiscal year and who

16 violated the terms of such admission,

17 is more than 2.0 percent of the total number of

18 nationals of that country who applied for ad19 mission as nonimmigrant visitors during the

20 preceding fiscal year.

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

22 pilot program country under subsection (c)

23 within 3 fiscal years of its designation as a pilot

24 program country with probationary status

25 under this subsection.
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•HRES 533 CPH

1 ‘‘ ‘(4) DESIGNATION OF PILOT PROGRAM COUN2 TRIES WITH PROBATIONARY STATUS AS PILOT PRO3 GRAM COUNTRIES.—In the case of a country which

4 was a pilot program country with probationary sta5 tus in the preceding fiscal year, a country may be

6 designated by the Attorney General and the Sec7 retary of State, acting jointly, as a pilot program

8 country under subsection (c) if—

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

10 of that country who were excluded from admis11 sion or withdrew their application for admission

12 during the preceding fiscal year as a non13 immigrant visitor, and

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

15 country who were admitted as nonimmigrant

16 visitors during the preceding fiscal year and

17 who violated the terms of such admission,

18 was less than 2 percent of the total number of na19 tionals of that country who applied for admission as

20 nonimmigrant visitors during such preceding fiscal

21 year.’; and

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

23 and inserting ‘Except as provided in subsection

24 (g)(4), a country’.
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1 ‘‘SEC. 212. TECHNICAL CHANGES TO NUMERICAL LIMITA2 TIONS CONCERNING CERTAIN SPECIAL IMMI3 GRANTS.

4 ‘‘(a) PANAMA CANAL SPECIAL IMMIGRANTS.—Sec5 tion 3201 of the Panama Canal Act of 1979 (Public Law

6 96–70) is amended by striking subsection (c).

7 ‘‘(b) ARMED FORCES SPECIAL IMMIGRANTS.—Sec8 tion 203(b)(6) of the Immigration and Nationality Act (8

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

10 (C).

11 ‘‘SEC. 213. EXTENSION OF TELEPHONE EMPLOYMENT VER12 IFICATION SYSTEM.

13 ‘‘Section 274A(d)(4)(A) of the Immigration and Na14 tionality Act (8 U.S.C. 1324a(d)(4)(A)) is amended in the

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

16 ‘‘SEC. 214. EXTENSION OF EXPANDED DEFINITION OF SPE17 CIAL IMMIGRANT FOR RELIGIOUS WORKERS.

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

19 Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amend20 ed—

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

22 inserting ‘1997,’; and

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

24 inserting ‘1997,’.
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1 ‘‘SEC. 215. EXTENSION OF OFF-CAMPUS WORK AUTHORIZA2 TION FOR STUDENTS.

3 ‘‘(a) IN GENERAL.—Section 221 of the Immigration

4 Act of 1990 (Pub. Law 101–649; 104 Stat. 4978) as

5 amended by section 303(b)(1) of the Miscellaneous and

6 Technical Immigration and Naturalization Amendments

7 of 1991 (Pub. Law 102–232; 105 Stat. 1747) is amend8 ed—

9 ‘‘(1) in the heading for subsection (a) by strik10 ing ‘3-YEAR’ and inserting ‘5-YEAR’;

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

12 inserting ‘5-year’; and

13 ‘‘(3) in subsection (b) by striking ‘1994,’ and

14 inserting ‘1996,’.

15 ‘‘SEC. 216. ELIMINATING OBLIGATION OF CARRIERS TO DE16 TAIN STOWAWAYS.

17 ‘‘The first sentence of section 273(d) of the Immigra18 tion and Nationality Act (8 U.S.C. 1323(d)) is amended

19 to read as follows: ‘The owner, charterer, agent, consignee,

20 commanding officer, or master of any vessel or aircraft

21 arriving at the United States from any place outside the

22 United States who fails to deport any alien stowaway on

23 the vessel or aircraft on which such stowaway arrived or

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

25 or aircraft on which such stowaway arrived when required

26 to do so by an immigration officer, shall pay to the Com-
27

•HRES 533 CPH

1 missioner the sum of $3,000 for each alien stowaway, in

2 respect of whom any such failure occurs.’.

3 ‘‘SEC. 217. COMPLETING USE OF VISAS PROVIDED UNDER

4 DIVERSITY TRANSITION PROGRAM.

5 ‘‘(a) EXTENSION OF DIVERSITY TRANSITION PRO6 GRAM.—Section 132 of the Immigration Act of 1990

7 (Public Law 101–649) is amended—

8 ‘‘(1) in subsection (a), by inserting before the

9 period at the end of the first sentence the following:

10 ‘and in fiscal year 1995 a number of immigrant

11 visas equal to the number of such visas provided

12 (but not made available) under this section in pre13 vious fiscal years’; and

14 ‘‘(2) in the next to last sentence of subsection

15 (c), by striking ‘or 1993’ and inserting ‘, 1993, or

16 1994’.

17 ‘‘(b) ADMINISTRATION OF 1995 DIVERSITY TRANSI18 TION PROGRAM.—

19 ‘‘(1) ELIGIBILITY.—For the purpose of carry20 ing out the extension of the diversity transition pro21 gram under the amendments made by subsection

22 (a), applications for natives of diversity transition

23 countries submitted for fiscal year 1995 for diversity

24 immigrants under section 203(c) of the Immigration

25 and Nationality Act shall be considered applications
28

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1 for visas made available for fiscal year 1995 for the

2 diversity transition program under section 132 of

3 the Immigration Act of 1990. No application period

4 for the fiscal year 1995 diversity transition program

5 shall be established and no new applications may be

6 accepted for visas made available under such pro7 gram for fiscal year 1995. Applications for visas in

8 excess of the minimum available to natives of the

9 country specified in section 132(c) of the Immigra10 tion Act of 1990 shall be selected for qualified appli11 cants within the several regions defined in section

12 203(c)(1)(F) of the Immigration and Nationality

13 Act in proportion to the region’s share of visas is14 sued in the diversity transition program during fiscal

15 years 1992 and 1993.

16 ‘‘(2) NOTIFICATION.—Not later than 180 days

17 after the date of enactment of this Act, notification

18 of the extension of the diversity transition program

19 for fiscal year 1995 and the provision of visa num20 bers shall be made to each eligible applicant under

21 paragraph (1).

22 ‘‘(3) REQUIREMENTS.—Notwithstanding any

23 other provision of law, for the purpose of carrying

24 out the extention of the diversity transition program

25 under the amendments made by subsection (a), the
29

•HRES 533 CPH

1 requirement of section 132(b)(2) of the Immigration

2 Act of 1990 shall not apply to applicants under such

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

4 of the Immigration and Nationality Act shall apply

5 to such applicants.

6 ‘‘SEC. 218. EFFECT ON PREFERENCE DATE OF APPLICATION

7 FOR LABOR CERTIFICATION.

8 ‘‘Section 161(c)(1) of the Immigration Act of 1990

9 (Public Law 101–649) is amended—

10 ‘‘(1) by striking ‘or an application for labor cer11 tification before such date under section 212(a)(14)’;

12 and

13 ‘‘(2) in subparagraph (A)—

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

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

16 date of certification in the case of labor certifi17 cations filed in support of the petition under

18 section 212(a)(14) of such Act before October

19 1, 1991, but not certified until after October 1,

20 1993’.

21 ‘‘SEC. 219. OTHER MISCELLANEOUS AND TECHNICAL COR22 RECTIONS TO IMMIGRATION-RELATED PRO23 VISIONS.

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

25 Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended
30

•HRES 533 CPH

1 by striking ‘and has’ and inserting ‘or whom such a court

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

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

4 ‘‘(b)(1) The second sentence of section

5 201(b)(2)(A)(i) of the Immigration and Nationality Act

6 (8 U.S.C. 1151(b)(2)(A)(i)) is amended by inserting ‘(and

7 each child of the alien)’ after ‘the alien’.

8 ‘‘(2) The second sentence of section 204(a)(1)(A) of

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

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

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

12 children)’ after ‘for classification’.

13 ‘‘(c) Section 203(b)(5) of the Immigration and Na14 tionality Act (8 U.S.C. 1153(b)(5)) is amended by striking

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

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

17 ‘targeted’, respectively.

18 ‘‘(d) Section 210(d)(3) of the Immigration and Na19 tionality Act (8 U.S.C. 1160(d)(3)) is amended by insert20 ing ‘the’ before ‘Service’ the first place it appears.

21 ‘‘(e) Section 212(d)(11) of the Immigration and Na22 tionality Act (8 U.S.C. 1182(d)(11)) is amended by strik23 ing ‘voluntary’ and inserting ‘voluntarily’.

24 ‘‘(f) Section 258 of the Immigration and Nationality

25 Act (8 U.S.C. 1288) is amended in subsection (d)(3)(B)
31

•HRES 533 CPH

1 by striking ‘subparagraph (A)’ and inserting ‘subpara2 graph (A)(iii)’.

3 ‘‘(g) Section 241(c) of the Immigration and National4 ity Act (8 U.S.C. 1251(c)) is amended by striking ‘or

5 (3)(A) of subsection 241(a)’ and inserting ‘and (3)(A) of

6 subsection (a)’.

7 ‘‘(h) Section 242(h) of the Immigration and Nation8 ality Act (8 U.S.C. 1252(h)) is amended by striking ‘Pa9 role,,’ and inserting ‘Parole,’.

10 ‘‘(i) Section 242B(c)(1) of the Immigration and Na11 tionality Act (8 U.S.C. 1252b(c)(1)) is amended by strik12 ing the comma after ‘that’.

13 ‘‘(j) Section 244A(c)(2)(A)(iii)(III) of the Immigra14 tion and Nationality Act (8 U.S.C.

15 1254a(c)(2)(A)(iii)(III)) is amended—

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

17 ‘paragraphs’, and

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

19 (3)(E)’.

20 ‘‘(k) Section 245(h)(2)(B) of the Immigration and

21 Nationality Act (8 U.S.C. 1255(h)(2)(B)) is amended by

22 striking ‘or (3)(E)’ and inserting ‘and (3)(E)’.

23 ‘‘(l)(1) Subparagraph (C) of section 245A(c)(7) of

24 the Immigration and Nationality Act (8 U.S.C.
32

•HRES 533 CPH

1 1255a(c)(7)), as added by Public Law 102–140, is amend2 ed—

3 ‘‘(A) by indenting it 2 additional ems to the

4 right; and

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

6 ‘subparagraph (B)’.

7 ‘‘(2) Section 610(b) of Public Law 102–140 is

8 amended by striking ‘404(b)(2)(ii)’ and ‘404(b)(2)(iii)’

9 and inserting ‘404(b)(2)(A)(ii)’ and ‘404(b)(2)(A)(iii)’, re10 spectively.

11 ‘‘(m) Effective as of the date of the enactment of this

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

13 Act (8 U.S.C. 1256(a)) is amended by striking the first

14 3 sentences.

15 ‘‘(n) Section 262(c) of the Immigration and National16 ity Act (8 U.S.C. 1302(c)) is amended by striking ‘sub17 section (a) and (b)’ and inserting ‘subsections (a) and (b)’.

18 ‘‘(o) Section 272(a) of the Immigration and National19 ity Act (8 U.S.C. 1322(a)) is amended by striking the

20 comma after ‘so afflicted’.

21 ‘‘(p) The first sentence of section 273(b) of the Immi22 gration and Nationality Act (8 U.S.C. 1323(b)) is amend23 ed by striking ‘collector of customs’ and inserting ‘Com24 missioner’.
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•HRES 533 CPH

1 ‘‘(q) Section 274B(g)(2)(C) of the Immigration and

2 Nationality Act (8 U.S.C. 1324b(g)(2)(C)) is amended by

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

4 Special Counsel’.

5 ‘‘(r) Section 274C(b) of the Immigration and Nation6 ality Act (8 U.S.C. 1324c(b)) is amended by striking ‘title

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

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

9 ‘‘(s) Section 280(b)(1)(C) of the Immigration and

10 Nationality Act (8 U.S.C. 1330(b)(1)(C)) is amended by

11 striking ‘maintainance’ and inserting ‘maintenance’.

12 ‘‘(t) Effective as if included in the enactment of Pub13 lic Law 102–395, subsection (r) of section 286 of the Im14 migration and Nationality Act (8 U.S.C. 1356), as added

15 by section 112 of such Public Law, is amended—

16 ‘‘(1) in the subsection heading, by striking

17 ‘Breached Bond/Detention Account’ and inserting

18 ‘BREACHED BOND/DETENTION FUND’;

19 ‘‘(2) in paragraph (1), by striking ‘(hereafter

20 referred to as the Fund)’ and inserting ‘(in this sub21 section referred to as the ‘‘Fund’’)’;

22 ‘‘(3) in paragraph (2), by striking ‘the Immi23 gration and Nationality Act of 1952, as amended,’

24 and inserting ‘this Act’;
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•HRES 533 CPH

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

2 Breached Bond/Detention’ each place it appears;

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

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

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

6 inserting ‘Fund’.

7 ‘‘(u) Section 310(b)(5)(A) of the Immigration and

8 Nationality Act (8 U.S.C. 1421(b)(5)(A)) is amended by

9 striking ‘District Court’ and inserting ‘district court’.

10 ‘‘(v) Effective December 12, 1991, section 313(a)(2)

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

12 1424(a)(2)) is amended by striking ‘and’ before ‘(F)’ and

13 inserting ‘or’.

14 ‘‘(w) Section 333(b)(1) of the Immigration and Na15 tionality Act (8 U.S.C. 1444(b)(1)) is amended by striking

16 ‘249(a)’ and inserting ‘249’.

17 ‘‘(x) Section 412(e)(7)(D) of the Immigration and

18 Nationality Act (8 U.S.C. 1522(e)(7)(D)) is amended by

19 striking ‘paragraph (1) or (2) of’.

20 ‘‘(y) Section 302(c) of the Immigration Act of 1990

21 is amended by striking ‘effect’ and inserting ‘affect’.

22 ‘‘(z) Effective as if included in the Miscellaneous and

23 Technical Immigration and Naturalization Amendments

24 of 1991—
35

•HRES 533 CPH

1 ‘‘(1) section 303(a)(7)(B)(i) of such Act is

2 amended by striking ‘paragraph (1)(A)’ and insert3 ing ‘paragraph (1)(A)(i)’;

4 ‘‘(2) section 304(b)(2) of such Act is amended

5 by striking ‘paragraph (1)(B)’ and inserting ‘sub6 section (c)(1)(B)’;

7 ‘‘(3) paragraph (1) of section 305(j) of such

8 Act is repealed (and section 407(d)(16)(C) of the

9 Immigration Act of 1990 shall read as if such para10 graph had not been enacted);

11 ‘‘(4) paragraph (2) of section 306(b) of such

12 Act is amended to read as follows:

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

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

15 ‘‘(5) section 307(a)(6) of such Act is amended

16 by striking ‘immigrants’ the first place it appears

17 and inserting ‘immigrant aliens’;

18 ‘‘(6) section 309(a)(3) of such Act is amended

19 by striking ‘paragraph (1) and (2)’ and inserting

20 ‘paragraphs (1)(A) and (1)(B)’;

21 ‘‘(7) section 309(b)(6)(F) of such Act is amend22 ed by striking ‘210(a)(1)(B)(1)(B)’ and inserting

23 ‘210(a)(B)(1)(B)’;

24 ‘‘(8) section 309(b)(8) of such Act is amended

25 by striking ‘274A(g)’ and inserting ‘274A(h)’; and
36

•HRES 533 CPH

1 ‘‘(9) section 310 of such Act is amended—

2 ‘‘(A) by adding ‘and’ at the end of para3 graph (1);

4 ‘‘(B) by striking paragraph (2); and

5 ‘‘(C) by redesignating paragraph (3) as

6 paragraph (2) and by striking ‘309(c)’ and in7 serting ‘309(b)’.

8 ‘‘(aa) Effective as if included in section 4 of Public

9 Law 102–110, section 161(c)(3) of the Immigration Act

10 of 1990 is amended—

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

12 203(a)(3) or 203(a)(6) of such Act’ and inserting

13 ‘alien admitted for permanent residence as a pref14 erence immigrant under section 203(a)(3) or

15 203(a)(6) of such Act (as in effect before such

16 date)’; and

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

18 title’.

19 ‘‘(bb) Section 599E(c) of the Foreign Operations, Ex20 port Financing, and Related Programs Appropriations

21 Act, 1990 (Public Law 101–167) is amended by striking

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

23 ‘‘(cc) Section 204(a)(1)(C) of the Immigration Re24 form and Control Act of 1986 is amended by striking ‘year
37

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1 1993’’ the first place it appears and inserting ‘years

2 1993’.

3 ‘‘(dd) Except as otherwise specifically provided in this

4 section, the amendments made by this section shall be ef5 fective as if included in the enactment of the Immigration

6 Act of 1990.

7 ‘‘(ee)(1) Section 210A of the Immigration and Na8 tionality Act (8 U.S.C. 1161) is repealed.

9 ‘‘(2) The table of contents of the Immigration and

10 Nationality Act is amended by striking the item relating

11 to section 210A.

12 ‘‘(ff) Section 122 of the Immigration Act of 1990 is

13 amended by striking subsection (a).

14 ‘‘(gg) The Copyright Royalty Tribunal Reform Act

15 of 1993 (Public Law 103–198; 107 Stat. 2304) is amend16 ed by striking section 8.’’.

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