```

[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H. Res. 533 Engrossed in House (EH)]

H. Res. 533

                In the House of Representatives, U. S.,

                                                    September 20, 1994.
    Resolved, That upon the adoption of this resolution the bill (H.R. 783) to 
amend title III of the Immigration and Nationality Act to make changes in the 
laws relating to nationality and naturalization be and is hereby taken from the 
Speaker's table to the end that the Senate amendment to the text of the bill be 
and is hereby agreed to with the following amendment:
    In lieu of the matter proposed to be inserted by the amendment of the Senate 
to the text of the bill H.R. 783, insert the following:

``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.

                    ``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 affect 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:

    ```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:
    ```(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'.
    ``(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 Nationality 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:
    ```(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 totalling 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 sixty-five 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'.

``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 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 $3000' 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 prescribes 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'.

``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 machine-readable 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
                            ```(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,'.

``SEC. 215. EXTENSION OF OFF-CAMPUS WORK AUTHORIZATION FOR STUDENTS.

    ``(a) In General.--Section 221 of the Immigration Act of 1990 (Pub. Law 101-
649; 104 Stat. 4978) as amended by section 303(b)(1) of the Miscellaneous and 
Technical Immigration and Naturalization Amendments of 1991 (Pub. 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 Program.--
            ``(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 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 extention 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'.
    ``(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--
            ``(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)'.
    ``(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.''.
            Attest:

                                                                          Clerk.
```