II

103D CONGRESS

1ST SESSION S. 1197

To make miscellaneous and technical corrections to the Immigration and

Nationality Act and related provisions of law.

IN THE SENATE OF THE UNITED STATES

JULY 1 (legislative day, JUNE 30), 1993

Mr. KENNEDY (for himself and Mr. SIMPSON) introduced the following bill;

which was read twice, considered, read the third time and passed

A BILL

To make miscellaneous and technical corrections to the Immigration and Nationality Act and related provisions of

law.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

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

5 Nationality Technical Corrections Act of 1993’’.

6 SEC. 2. TABLE OF CONTENTS.

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

Sec. 1. Short title.

Sec. 2. Table of contents.

TITLE I—TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

Sec. 101. American Institute in Taiwan.
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Sec. 102. Special immigrant status of retired officers and employees of international organizations.

Sec. 103. Treatment of Tibet under per country levels.

Sec. 104. Authority for Secretary of State to make refugee determinations.

Sec. 105. Clarification of certain grounds for exclusion and deportation.

Sec. 106. Labor conditions on the admission of temporary workers in specialty

occupations.

Sec. 107. Labor market information pilot program for employment-based immigrants.

Sec. 108. United States citizens entering and departing on United States passports.

Sec. 109. Applications for visas.

Sec. 110. Limitations on performance of longshore work by alien crewmembers—Alaska exception.

Sec. 111. Nationals, but not citizens, at birth based on use of physical presence

instead of residence.

Sec. 112. Children born out of wedlock.

Sec. 113. Child born outside of the United States of an alien parent; conditions

for automatic citizenship.

Sec. 114. Expeditious naturalization.

Sec. 115. Intent to reside permanently in the United States after naturalization.

Sec. 116. Terminology relating to expatriation.

Sec. 117. Administrative and judicial determinations relating to loss of citizenship.

Sec. 118. Cancellation of United States passports and consular reports of birth.

Sec. 119. Family unity and temporary protected status.

Sec. 120. Adjustment of status of certain representatives of foreign governments and international organizations.

Sec. 121. Priority dates for aliens registered on the Western Hemisphere waiting list.

Sec. 122. Other miscellaneous and technical corrections to immigration-related

provisions.

TITLE II—MISCELLANEOUS PROVISIONS

Sec. 201. Secretary of State to issue United States passports to United States

citizens and nationals only.

Sec. 202. Fraud and misuse of travel documents.

Sec. 203. Border Patrol Museum and Memorial Library Foundation.

Sec. 204. Special immigrant status for certain aliens employed abroad.

1 TITLE I—TECHNICAL CORREC2 TIONS OF IMMIGRATION

3 LAWS

4 SEC. 101. AMERICAN INSTITUTE IN TAIWAN.

5 Section 101(a)(27)(D) (8 U.S.C. 1101(a)(27)(D)) is

6 amended—
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1 (1) by inserting ‘‘or of the American Institute

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

3 abroad,’’; and

4 (2) by inserting ‘‘(or, in the case of the Amer5 ican Institute in Taiwan, the Director thereof)’’

6 after ‘‘Foreign Service establishment’’.

7 SEC. 102. SPECIAL IMMIGRANT STATUS OF RETIRED OFFI8 CERS AND EMPLOYEES OF INTERNATIONAL

9 ORGANIZATIONS.

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

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

12 by striking subclause (II) and inserting in lieu thereof the

13 following: ‘‘(II) files a petition for status under this sub14 paragraph no later than six months after the date of such

15 retirement or six months after the date of enactment of

16 the Immigration and Nationality Technical Corrections

17 Act of 1993, whichever is later.’’.

18 SEC. 103. TREATMENT OF TIBET UNDER PER COUNTRY

19 LEVELS.

20 (a) APPLICATION OF IMMIGRATION AND NATIONAL21 ITY ACT.—The approval referred to in the first sentence

22 of section 202(b) of the Immigration and Nationality Act

23 shall be considered to have been granted, effective begin24 ning with fiscal year 1994, with respect to Tibet as a sepa-
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1 rate foreign state, and not as a component or dependent

2 area of another foreign state.

3 (b) DEFINITION.—For purposes of this section, the

4 term ‘‘Tibet’’ refers to the territory encompassed by Tibet

5 as of October 1, 1949.

6 SEC. 104. AUTHORITY FOR SECRETARY OF STATE TO MAKE

7 REFUGEE DETERMINATIONS.

8 Section 207(c)(1) of the Immigration and Nationality

9 Act (8 U.S.C. 1157(c)(1)) is amended—

10 (1) by inserting ‘‘(A)’’ immediately after ‘‘(1)’’;

11 (2) by inserting ‘‘and subject to subparagraph

12 (B),’’ after ‘‘subsections (a) and (b),’’; and

13 (3) by adding at the end thereof the following:

14 ‘‘(B) The Secretary of State, together with the Attor15 ney General, shall develop procedures under which the

16 Secretary may determine individuals to be qualified for ad17 mission to the United States as refugees. Such determina18 tions may be made by the Secretary of State in situations

19 (defined by the Attorney General together with the Sec20 retary of State) in which the Attorney General does not

21 have immediate access to the individual under consider22 ation for admission as a refugee and cannot expeditiously

23 determine whether such individual is qualified for refugee

24 admission.’’.
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1 SEC. 105. 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 that crime’’

8 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 in12 serting ‘‘, 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 ap26 pears 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. 106. LABOR MARKET INFORMATION PILOT PROGRAM

5 FOR EMPLOYMENT-BASED IMMIGRANTS.

6 (a) PROGRAM MADE DISCRETIONARY.—Section

7 122(a)(1) of the Immigration Act of 1990 is amended by

8 striking from the first sentence ‘‘shall’’ and inserting

9 ‘‘may’’.

10 (b) CONFORMING AMENDMENT.—Section 122(a)(4)

11 of such Act is amended by striking ‘‘By’’ and inserting

12 ‘‘In the event a pilot program is established pursuant to

13 this subsection, by’’.

14 SEC. 107. UNITED STATES CITIZENS ENTERING AND DE15 PARTING ON UNITED STATES PASSPORTS.

16 (a) IN GENERAL.—Section 215(b) of the Immigra17 tion and Nationality Act (8 U.S.C. 1185(b)) is amended

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

19 (b) EFFECTIVE DATE.—The amendment made by

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

21 attempts thereof) occurring on or after the date of enact22 ment of this Act.
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1 SEC. 108. APPLICATIONS FOR VISAS.

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

3 222(a) of the Immigration and Nationality Act (8 U.S.C.

4 1202(a)) is amended—

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

6 ‘‘the alien’’, and

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

8 follows through ‘‘exempt from exclusion under the

9 immigration laws;’’.

10 (b) EFFECTIVE DATE.—The amendments made by

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

12 the date of the enactment of this Act.

13 SEC. 109. LIMITATIONS ON PERFORMANCE OF LONGSHORE

14 WORK BY ALIEN CREWMEMBERS—ALASKA

15 EXCEPTION.

16 (a) ALASKA EXCEPTION.—Section 258 of the Immi17 gration and Nationality Act (8 U.S.C. 1288) is amend18 ed—

19 (1) by redesignating subsection (d) as sub20 section (e); and

21 (2) by inserting after subsection (c) the follow22 ing new subsection:

23 ‘‘(d) STATE OF ALASKA EXCEPTION.—(1) Subsection

24 (a) shall not apply to a particular activity of longshore

25 work at a particular location in the State of Alaska if an

26 employer of alien crewmen has filed an attestation with
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1 the Secretary of Labor at least 30 days before the date

2 of the first performance of the activity (or anytime up to

3 24 hours before the first performance of the activity, upon

4 a showing that the employer could not have reasonably

5 anticipated the need to file an attestation for that location

6 at that time) setting forth facts and evidence to show

7 that—

8 ‘‘(A) the employer will make a bona fide request

9 for United States longshore workers who are quali10 fied and available in sufficient numbers to perform

11 the activity at the particular time and location from

12 the parties to whom notice has been provided under

13 clauses (ii) and (iii) of subparagraph (D), except

14 that—

15 ‘‘(i) wherever two or more contract steve16 doring companies have signed a joint collective

17 bargaining agreement with a single labor orga18 nization described in subparagraph (D)(i), the

19 employer may request longshore workers from

20 only one of such contract stevedoring compa21 nies, and

22 ‘‘(ii) a request for longshore workers to an

23 operator of a private dock may be made only

24 for longshore work to be performed at that dock

25 and only if the operator meets the requirements
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1 of section 32 of the Longshoremen’s and Har2 bor Workers’ Compensation Act (33 U.S.C.

3 932);

4 ‘‘(B) the employer will employ all those United

5 States longshore workers made available in response

6 to the request made pursuant to subparagraph (A)

7 who are qualified and available in sufficient numbers

8 and who are needed to perform the longshore activ9 ity at the particular time and location;

10 ‘‘(C) the use of alien crewmembers for such ac11 tivity is not intended or designed to influence an

12 election of a bargaining representative for workers in

13 the State of Alaska; and

14 ‘‘(D) notice of the attestation has been provided

15 by the employer to—

16 ‘‘(i) labor organizations which have been

17 recognized as exclusive bargaining representa18 tives of United States longshore workers within

19 the meaning of the National Labor Relations

20 Act and which make available or intend to

21 make available workers to the particular loca22 tion where the longshore work is to be per23 formed,
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1 ‘‘(ii) contract stevedoring companies which

2 employ or intend to employ United States

3 longshore workers at that location, and

4 ‘‘(iii) operators of private docks at which

5 the employer will use longshore workers.

6 ‘‘(2)(A) An employer filing an attestation under para7 graph (1) who seeks to use alien crewmen to perform

8 longshore work shall be responsible while the attestation

9 is valid to make bona fide requests for United States

10 longshore workers under paragraph (1)(A) and to employ

11 United States longshore workers, as provided in para12 graph (1)(B), before using alien crewmen to perform the

13 activity or activities specified in the attestation, except

14 that an employer shall not be required to request

15 longshore workers from a party if that party has notified

16 the employer in writing that it does not intend to make

17 available United States longshore workers to the location

18 at which the longshore work is to be performed.

19 ‘‘(B) If a party that has provided such notice subse20 quently notifies the employer in writing that it is prepared

21 to make available United States longshore workers who

22 are qualified and available in sufficient numbers to per23 form the longshore activity to the location at which the

24 longshore work is to be performed, then the employer’s

25 obligations to that party under subparagraphs (A) and (B)
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1 of paragraph (1) shall begin 60 days following the issu2 ance of such notice.

3 ‘‘(3)(A) In no case shall an employer filing an attes4 tation be required—

5 ‘‘(i) to hire less than a full work unit of United

6 States longshore workers needed to perform the

7 longshore activity;

8 ‘‘(ii) to provide overnight accommodations for

9 the longshore workers while employed; or

10 ‘‘(iii) to provide transportation to the place of

11 work, except where—

12 ‘‘(I) surface transportation is available;

13 ‘‘(II) such transportation may be safely ac14 complished;

15 ‘‘(III) travel time to the vessel does not ex16 ceed one-half hour each way; and

17 ‘‘(IV) travel distance to the vessel from the

18 point of embarkation does not exceed 5 miles.

19 ‘‘(B) In the cases of Wide Bay, Alaska, and Klawock/

20 Craig, Alaska, the travel times and travel distances speci21 fied in subclauses (III) and (IV) of subparagraph (A) shall

be extended to 45 minutes and 71 22 ⁄2 miles, respectively, un23 less the party responding to the request for longshore

24 workers agrees to the lesser time and distance limitations

25 specified in those subclauses.
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1 ‘‘(4) Subject to subparagraphs (A) through (D) of

2 subsection (c)(4), attestations filed under paragraph (1)

3 of this subsection shall—

4 ‘‘(A) expire at the end of the 1-year period be5 ginning on the date the employer anticipates the

6 longshore work to begin, as specified in the attesta7 tion filed with the Secretary of Labor, and

8 ‘‘(B) apply to aliens arriving in the United

9 States during such 1-year period if the owner, agent,

10 consignee, master, or commanding officer states in

11 each list under section 251 that it continues to com12 ply with the conditions in the attestation.

13 ‘‘(5)(A) Except as otherwise provided by subpara14 graph (B), subsection (c)(3) and subparagraphs (A)

15 through (E) of subsection (c)(4) shall apply to attestations

16 filed under this subsection.

17 ‘‘(B) The use of alien crewmen to perform longshore

18 work in Alaska consisting of the use of an automated self19 unloading conveyor belt or vacuum-actuated system on a

20 vessel shall be governed by the provisions of subsection

21 (c).

22 ‘‘(6) For purposes of this subsection—

23 ‘‘(A) the term ‘contract stevedoring companies’

24 means those stevedoring companies licensed to do

25 business in the State of Alaska that meet the re-
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1 quirements of section 32 of the Longshoremen’s and

2 Harbor Workers’ Compensation Act (33 U.S.C.

3 932); and

4 ‘‘(B) the term ‘employer’ includes any agent or

5 representative designated by the employer; and

6 ‘‘(C) the terms ‘qualified’ and ‘available in suf7 ficient numbers’ shall be defined by reference to in8 dustry standards in the State of Alaska, including

9 safety considerations.’’.

10 (b) CONFORMING AMENDMENTS.—

11 (1) Section 258(a) (8 U.S.C. 1288(a)) is

12 amended by striking ‘‘subsection (c) or subsection

13 (d)’’ and inserting ‘‘subsection (c), (d), or (e)’’.

14 (2) Section 258(c)(4)(A) (8 U.S.C.

15 1288(c)(4)(A)) is amended by inserting ‘‘or sub16 section (d)(1)’’ after ‘‘paragraph (1)’’ each of the

17 two places it appears.

18 (3) Section 258(c) (8 U.S.C. 1288(c)) is

19 amended by adding at the end the following new

20 paragraph:

21 ‘‘(5) Except as provided in paragraph (5) of sub22 section (d), this subsection shall not apply to longshore

23 work performed in the State of Alaska.’’.
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1 (c) IMPLEMENTATION.—(1) The Secretary of Labor

2 shall prescribe such regulations as may be necessary to

3 carry out this section.

4 (2) Attestations filed pursuant to section 258(c) (8

5 U.S.C. 1288(c)) with the Secretary of Labor before the

6 date of enactment of this Act shall remain valid until 60

7 days after the date of issuance of final regulations by the

8 Secretary under this section.

9 SEC. 110. NATIONALS, BUT NOT CITIZENS, AT BIRTH BASED

10 ON USE OF PHYSICAL PRESENCE INSTEAD OF

11 RESIDENCE.

12 (a) IN GENERAL.—Section 308(2) of the Immigra13 tion and Nationality Act (8 U.S.C. 1408(2)) is amended

14 by striking ‘‘have had a residence’’ and inserting ‘‘were

15 physically present’’.

16 (b) EFFECTIVE DATE.—The amendment made by

17 subsection (a) shall apply to persons born on or after the

18 date of the enactment of this Act.

19 SEC. 111. CHILDREN BORN OUT OF WEDLOCK.

20 (a) IN GENERAL.—Section 309(c) of the Immigration

21 and Nationality Act (8 U.S.C. 1409(c)) is amended—

22 (1) by inserting ‘‘(1)’’ immediately after ‘‘(c)’’;

23 and

24 (2) by adding at the end the following new

25 paragraph:
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1 ‘‘(2) For the purpose of satisfying the physical pres2 ence requirements of this subsection, the mother may in3 clude any period during which she is physically present

4 abroad as the dependent unmarried daughter and a mem5 ber of the household of a person—

6 ‘‘(A) honorably serving with the Armed Forces

7 of the United States; or

8 ‘‘(B) employed by the United States Govern9 ment or an international organization, as defined in

10 section 1 of the International Organizations Immu11 nities Act (59 Stat. 669; 22 U.S.C. 288).’’.

12 (b) EFFECTIVE DATE.—The amendment made by

13 subsection (a)(2) shall apply to mothers of persons born

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

15 SEC. 112. CHILD BORN OUTSIDE OF THE UNITED STATES

16 OF AN ALIEN PARENT; CONDITIONS FOR

17 AUTOMATIC CITIZENSHIP.

18 (a) IN GENERAL.—Section 321(a)(3) of the Immi19 gration and Nationality Act (8 U.S.C. 1432(a)(3)) is

20 amended by inserting ‘‘sole or joint’’ before ‘‘legal custody

21 of the child’’.

22 (b) EFFECTIVE DATE.—The amendment made by

23 subsection (a) shall apply to the awarding of custody be24 fore, on, or after the date of enactment of this Act.
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1 SEC. 113. EXPEDITIOUS NATURALIZATION.

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

3 and Nationality Act (8 U.S.C. 1433(a)) is amended to

4 read as follows:

5 ‘‘CHILD BORN OUTSIDE THE UNITED STATES;

6 APPLICATION FOR CERTIFICATE OF CITIZENSHIP

7 ‘‘SEC. 322. (a) A child who is born outside of the

8 United States, one or both of whose parents is a citizen

9 of the United States, either by birth or naturalization,

10 shall be furnished by the Attorney General with a certifi11 cate of citizenship in accordance with section 341(a) if—

12 ‘‘(1) the child is physically present in the Unit13 ed States pursuant to lawful admission for perma14 nent residence;

15 ‘‘(2) the child is under the age of eighteen years

16 and in the joint or sole custody of the citizen parent;

17 and

18 ‘‘(3) the citizen parent makes application to the

19 Attorney General for the issuance of the certificate.

20 ‘‘(b) For purposes of this section, the terms ‘child’

21 and ‘parent’ include an adoptive child and an adoptive

22 parent, respectively.’’.

23 (b) REPEAL.—Section 341(c) of such Act (8 U.S.C.

24 1452(c)) is repealed.
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1 (c) CLERICAL AMENDMENT.—The table of contents

2 is amended by inserting after the item relating to section

3 321 the following new item:

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

citizenship.’’.

4 (d) EFFECTIVE DATE.—The amendment made by

5 subsection (a) shall apply to any application for a certifi6 cate of citizenship filed with the Attorney General on be7 half of a child before, on, or after the date of enactment

8 of this Act.

9 SEC. 114. INTENT TO RESIDE PERMANENTLY IN THE

10 UNITED STATES AFTER NATURALIZATION.

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

12 and Nationality Act (8 U.S.C. 1449) is amended by strik13 ing ‘‘intends to reside permanently in the United States,

14 except in cases falling within the provisions of section

15 324(a) of this title,’’.

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

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

18 (c) CONFORMING REDESIGNATION.—Section 340 of

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

20 (1) by redesignating subsections (e), (f), (g),

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

22 respectively; and
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1 (2) in subsection (d) (as redesignated), by strik2 ing ‘‘subsections (c) or (d)’’ and inserting ‘‘sub3 section (c)’’.

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

5 Immigration Act of 1990 is amended by striking sub6 section (b).

7 (e) EFFECTIVE DATE.—The amendment made by

8 subsection (a) shall apply to persons admitted to citizen9 ship on or after the date of enactment of this Act.

10 SEC. 115. TERMINOLOGY RELATING TO EXPATRIATION.

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

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

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

14 and inserting ‘‘LOSS OF NATIONALITY’’;

15 (2) in subsection (a)—

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

17 expatriated’’ and inserting ‘‘can lose United

18 States nationality’’, and

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

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

22 himself’’ and inserting ‘‘lost United States national23 ity’’.
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1 (b) CLERICAL AMENDMENT.—The item in the table

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

3 to read as follows:

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

4 SEC. 116. ADMINISTRATIVE AND JUDICIAL DETERMINA5 TIONS RELATING TO LOSS OF CITIZENSHIP.

6 (a) FINAL ADMINISTRATIVE DETERMINATIONS.—

7 Section 358 of the Immigration and Nationality Act (8

8 U.S.C. 1501) is amended by adding at the end the follow9 ing new sentence: ‘‘Approval by the Secretary of State of

10 a certificate under this section shall constitute a final ad11 ministrative determination of loss of United States nation12 ality under this Act, subject to such procedures for admin13 istrative appeal as the Secretary may prescribe by regula14 tion, and also shall constitute a denial of a right or privi15 lege of United States nationality for purposes of section

16 360.’’.

17 (b) JUDICIAL PROCEEDINGS.—Subsections (a) and

18 (b) of section 360 of such Act (8 U.S.C. 1503) are each

19 amended by inserting ‘‘, including approval of a certificate

20 in accordance with section 358,’’ after ‘‘official thereof,’’.

21 SEC. 117. CANCELLATION OF UNITED STATES PASSPORTS

22 AND CONSULAR REPORTS OF BIRTH.

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

24 Nationality Act is amended by adding at the end the fol25 lowing new section:
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1 ‘‘CANCELLATION OF UNITED STATES PASSPORTS AND

2 CONSULAR REPORTS OF BIRTH

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

4 to cancel any United States passport or Consular Report

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

6 document was illegally, fraudulently, or erroneously ob7 tained from, or was created through illegality or fraud

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

9 such document has been issued or made shall be given at

10 such person’s last known address written notice of the in11 tention to cancel such document, together with the reasons

12 therefor, and shall be given at least 60 days in which to

13 show, pursuant to such regulation as the Secretary may

14 prescribe, why such document should not be canceled. The

15 cancellation under this section of any document purport16 ing to show the citizenship status of the person to whom

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

18 citizenship status of the person in whose name the docu19 ment was issued.

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

21 Report of Birth’ refers to the report, designated as a ‘Re22 port of Birth Abroad of a Citizen of the United States’,

23 issued by a consular officer to document a citizen born

24 abroad.’’.
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1 (b) CLERICAL AMENDMENT.—The table of contents

2 is amended by inserting after the item relating to section

3 360 the following new item:

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

Birth.’’.

4 SEC. 118. FAMILY UNITY AND TEMPORARY PROTECTED

5 STATUS.

6 (a) IN GENERAL.—Section 301(a) of the Immigra7 tion Act of 1990 is amended by inserting after ‘‘May 5,

8 1988’’ the following: ‘‘(in the case of a relationship to a

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

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

11 relationship to a legalized alien described in subsection

12 (b)(2)(A))’’.

13 (b) EFFECTIVE DATE.—The amendment made by

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

15 as of October 1, 1991.

16 SEC. 119. ADJUSTMENT OF STATUS OF CERTAIN REP17 RESENTATIVES OF FOREIGN GOVERNMENTS

18 AND INTERNATIONAL ORGANIZATIONS.

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

20 U.S.C. 1255b(c)) is amended—

21 (1) by striking the third sentence; and

22 (2) in the fourth sentence, by striking ‘‘If nei23 ther the Senate nor the House of Representatives
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1 passes such a resolution within the time above speci2 fied the’’ and inserting ‘‘The’’.

3 SEC. 120. PRIORITY DATES FOR ALIENS REGISTERED ON

4 THE WESTERN HEMISPHERE WAITING LIST.

5 Section 9(b) of the Immigration and Nationality Act

6 Amendments of 1976 (Public Law 94–571) is hereby

7 repealed.

8 SEC. 121. OTHER MISCELLANEOUS AND TECHNICAL COR9 RECTIONS TO IMMIGRATION-RELATED PRO10 VISIONS.

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

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

13 by striking ‘‘and has’’ and inserting ‘‘or whom such a

14 court has legally committed to, or placed under the cus15 tody of, an agency or department of a State and who has’’.

16 (b)(1) The second sentence of section 201(b)(2)(A)(i)

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

18 1151(b)(2)(A)(i)) is amended by inserting ‘‘(and each

19 child of the alien)’’ after ‘‘the alien’’.

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

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

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

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

24 children)’’ after ‘‘for classification’’.
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1 (c) Section 203(b)(5) of the Immigration and Nation2 ality Act (8 U.S.C. 1153(b)(5)) is amended by striking

3 ‘‘TARGETTED’’, ‘‘TARGETTED’’, and ‘‘targetted’’ each

4 place each appears and inserting ‘‘TARGETED’’, ‘‘TAR5 GETED’’, and ‘‘targeted’’, respectively.

6 (d) Section 210(d)(3) of the Immigration and Nation7 ality Act (8 U.S.C. 1160(d)(3)) is amended by inserting

8 ‘‘the’’ before ‘‘Service’’ the first place it appears.

9 (e) Section 212(d)(11) of the Immigration and Na10 tionality Act (8 U.S.C. 1182(d)(11)) is amended by strik11 ing ‘‘voluntary’’ and inserting ‘‘voluntarily’’.

12 (f) Section 217(e)(1)(A) of the Immigration and Na13 tionality Act (8 U.S.C. 1187(e)(1)(A)) is amended by

14 striking ‘‘(a)(1)(A)’’ and inserting ‘‘(a)(1)’’.

15 (g) Section 241(c) of the Immigration and National16 ity Act (8 U.S.C. 1251(c)) is amended by striking ‘‘or

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

18 of subsection (a)’’.

19 (h) Section 242(h) of the Immigration and National20 ity Act (8 U.S.C. 1252(h)) is amended by striking ‘‘Pa21 role,,’’ and inserting ‘‘Parole,’’.

22 (i) Section 242B(c)(1) of the Immigration and Na23 tionality Act (8 U.S.C. 1252b(c)(1)) is amended by strik24 ing the comma after ‘‘that’’.
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1 (j) Section 244A(c)(2)(A)(iii)(III) of the Immigration

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

3 amended—

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

5 ‘‘paragraphs’’, and

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

7 (3)(E)’’.

8 (k) Section 245(h)(2)(B) of the Immigration and Na9 tionality Act (8 U.S.C. 1255(h)(2)(B)) is amended by

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

11 (l)(1) Subparagraph (C) of section 245A(c)(7) of the

12 Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)),

13 as added by Public Law 102–140, is amended—

14 (A) by indenting it 2 additional ems to the

15 right; and

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

17 ‘‘subparagraph (B)’’.

18 (2) Section 610(b) of Public Law 102–140 is amend19 ed by striking ‘‘404(b)(2)(ii)’’ and ‘‘404(b)(2)(iii)’’ and in20 serting ‘‘404(b)(1)(A)(ii)’’ and ‘‘404(b)(2)(A)(iii)’’, re21 spectively.

22 (m) Effective as of the date of the enactment of this

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

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

25 3 sentences.
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1 (n) Section 262(c) of the Immigration and National2 ity Act (8 U.S.C. 1302(c)) is amended by striking ‘‘sub3 section (a) and (b)’’ and inserting ‘‘subsections (a) and

4 (b)’’.

5 (o) Section 272(a) of the Immigration and National6 ity Act (8 U.S.C. 1322(a)) is amended by striking the

7 comma after ‘‘so afflicted’’.

8 (p) The first sentence of section 273(b) of the Immi9 gration and Nationality Act (8 U.S.C. 1323(b)) is amend10 ed by striking ‘‘collector of customs’’ and inserting ‘‘Com11 missioner’’.

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

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

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

15 Special Counsel’’.

16 (r) Section 274C(b) of the Immigration and National17 ity Act (8 U.S.C. 1324c(b)) is amended by striking ‘‘title

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

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

20 (s) Section 280(b)(1)(C) of the Immigration and Na21 tionality Act (8 U.S.C. 1330(b)(1)(C)) is amended by

22 striking ‘‘maintainance’’ and inserting ‘‘maintenance’’.

23 (t) Effective as if included in the enactment of Public

24 Law 102–395, subsection (r) of section 286 of the Immi-
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1 gration and Nationality Act (8 U.S.C. 1356), as added

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

3 (1) in the subsection heading, by striking

4 ‘‘Breached Bond/Detention Fund’’ and inserting

5 ‘‘BREACHED BOND/DETENTION FUND’’;

6 (2) in paragraph (1), by striking ‘‘(hereafter re7 ferred to as the Fund)’’ and inserting ‘‘(in this sub8 section referred to as the ‘Fund’)’’;

9 (3) in paragraph (2), by striking ‘‘the Immigra10 tion and Nationality Act of 1952, as amended,’’ and

11 inserting ‘‘this Act’’;

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

13 Breached Bond/Detention’’;

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

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

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

17 inserting ‘‘Fund’’; and

18 (7) in paragraph (6), by striking ‘‘Breached

19 Bond/Detention’’ each of the two places it appears.

20 (u) Section 310(b)(5)(A) of the Immigration and Na21 tionality Act (8 U.S.C. 1421(b)(5)(A)) is amended by

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

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

24 of the Immigration and Nationality Act (8 U.S.C.
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1 1424(a)(2)) is amended by striking ‘‘and’’ before ‘‘(F)’’

2 and inserting ‘‘or’’.

3 (w) Section 333(b)(1) of the Immigration and Na4 tionality Act (8 U.S.C. 1444(b)(1)) is amended by striking

5 ‘‘249(a)’’ and inserting ‘‘249’’.

6 (x) Section 412(e)(7)(D) of the Immigration and Na7 tionality Act (8 U.S.C. 1522(e)(7)(D)) is amended by

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

9 (y) Section 302(c) of the Immigration Act of 1990

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

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

12 Technical Immigration and Naturalization Amendments

13 of 1991—

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

15 amended by striking ‘‘paragraph (1)(A)’’ and insert16 ing ‘‘paragraph (1)(A)(i)’’;

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

18 striking ‘‘paragraph (1)(B)’’ and inserting ‘‘sub19 section (c)(1)(B)’’;

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

21 is repealed (and section 407(d)(16)(C) of the Immi22 gration Act of 1990 shall read as if such paragraph

23 had not been enacted);

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

25 is amended to read as follows:
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1 ‘‘(2) Section 538(a) of the Immigration Act of 1990

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

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

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

5 inserting ‘‘immigrant aliens’’;

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

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

8 ‘‘paragraphs (1)(A) and (1)(B)’’;

9 (7) section 309(b)(6)(F) of such Act is amend10 ed by striking ‘‘210(a)(1)(B)(1)(B)’’ and inserting

11 ‘‘210(a)(B)(1)(B)’’;

12 (8) section 309(b)(8) of such Act is amended by

13 striking ‘‘274A(g)’’ and inserting ‘‘274A(h)’’; and

14 (9) section 310 of such Act is amended—

15 (A) by adding ‘‘and’’ at the end of para16 graph (1);

17 (B) by striking paragraph (2); and

18 (C) by redesignating paragraph (3) as

19 paragraph (2) and by striking ‘‘309(c)’’ and in20 serting ‘‘309(b)’’.

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

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

23 of 1990 is amended—

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

25 203(a)(3) or 203(a)(6) of such Act’’ and inserting
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1 ‘‘alien admitted for permanent residence as a pref2 erence immigrant under section 203(a)(3) or

3 203(a)(6) of such Act (as in effect before such

4 date)’’; and

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

6 ‘‘this title’’.

7 (bb) Section 599E(c) of the Foreign Operations, Ex8 port Financing, and Related Programs Appropriations

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

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

11 (cc) Except as otherwise specifically provided in this

12 section, the amendments made by this section shall be ef13 fective as if included in the enactment of the Immigration

14 Act of 1990.

15 TITLE II—MISCELLANEOUS

16 PROVISIONS

17 SEC. 201. SECRETARY OF STATE TO ISSUE UNITED STATES

18 PASSPORTS TO UNITED STATES CITIZENS

19 AND NATIONALS ONLY.

20 Section 2 of the Act of June 14, 1902 (32 Stat. 386;

21 22 U.S.C. 212) is amended by striking ‘‘for any other per22 sons than those owing allegiance, whether citizens or not,

23 to the United States’’ and inserting ‘‘for any person other

24 than a citizen or national of the United States.’’.
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1 SEC. 202. FRAUD AND MISUSE OF TRAVEL DOCUMENTS.

2 (a) IN GENERAL.—Title 18 of the United States

3 Code is amended—

4 (1) in section 911—

5 (A) by striking ‘‘not more than $1,000’’

6 and inserting ‘‘under this title’’; and

7 (B) by striking ‘‘three years’’ and inserting

8 ‘‘six years’’;

9 (2) in section 1001—

10 (A) by striking ‘‘not more than $10,000’’

11 and inserting ‘‘under this title’’; and

12 (B) by striking ‘‘five years’’ and inserting

13 ‘‘ten years’’;

14 (3) in section 1541—

15 (A) by striking ‘‘not more than $500’’ and

16 inserting ‘‘under this title’’; and

17 (B) by striking ‘‘one year’’ and inserting

18 ‘‘ten years’’;

19 (4) in section 1542—

20 (A) by striking ‘‘not more than $2,000’’

21 and inserting ‘‘under this title’’; and

22 (B) by striking ‘‘five years’’ and inserting

23 ‘‘ten years’’;

24 (5) in section 1543—

25 (A) by striking ‘‘not more than $2,000’’

26 and inserting ‘‘under this title’’; and
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1 (B) by striking ‘‘five years’’ and inserting

2 ‘‘ten years’’;

3 (6) in section 1544—

4 (A) by striking ‘‘not more than $2,000’’

5 and inserting ‘‘under this title’’; and

6 (B) by striking ‘‘five years’’ and inserting

7 ‘‘ten years’’; and

8 (7) in section 1545—

9 (A) by striking ‘‘not more than $2,000’’

10 and inserting ‘‘under this title’’; and

11 (B) by striking ‘‘three years’’ and inserting

12 ‘‘five years’’.

13 (b) EFFECTIVE DATE.—The amendments made by

14 subsection (a) shall apply to offenses committed on or

15 after the date of enactment of this Act.

16 SEC. 203. BORDER PATROL MUSEUM AND MEMORIAL LI17 BRARY FOUNDATION.

18 (a) AUTHORITY.—Notwithstanding section 203 of the

19 Federal Property and Administrative Services Act of 1949

20 (40 U.S.C. 484) or any other provision of law, the Attor21 ney General is authorized to transfer to the Border Patrol

22 Museum and Memorial Library Foundation, incorporated

23 in the State of Texas—
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1 (1) such equipment, artifacts, and memorabilia

2 held by the Immigration and Naturalization Service,

3 and

4 (2) such real property of the United States,

5 as the Attorney General may determine is necessary to

6 further the purposes of the Museum and Foundation.

7 (b) TECHNICAL ASSISTANCE.—The Attorney General

8 is authorized to provide technical assistance, through the

9 detail of personnel of the Immigration and Naturalization

10 Service, to the Border Patrol Museum and Memorial Li11 brary Foundation for the purpose of demonstrating the

12 use of the items transferred under subsection (a).

13 SEC. 204. SPECIAL IMMIGRANT STATUS FOR CERTAIN

14 ALIENS EMPLOYED ABROAD.

15 (a) IN GENERAL.—An alien lawfully admitted to the

16 United States for permanent residence shall be considered,

17 for purposes of section 101(a)(27)(A) of the Immigration

18 and Nationality Act (8 U.S.C. 1101(a)(27)(A)), to be tem19 porarily visiting abroad during any period before, on, or

20 after the date of enactment of this Act in which the alien

21 is employed by the American University of Beirut or by

22 Beirut University College.

23 (b) REPEAL.—Private Law 98–53 (8 U.S.C. 1101

24 note) is hereby repealed.
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