In the House of Representatives, U. S.,
September 20, 1994.
Resolved, That the House agree to the amendment of
the Senate to the bill (H.R. 783) entitled ‘‘An Act to amend
title III of the Immigration and Nationality Act to make
changes in the laws relating to nationality and naturaliza-
tion’’, with the following
AMENDMENT:
In lieu of the matter inserted by said amendment, in-
sert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Immigration and Na-
tionality 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 citizen-
ship.
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 pass-
ports.
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 para-
graph (g) and inserting ‘‘; and’’, and
(2) by adding at the end the following new para-
graph:
‘‘(h) a person born before noon (Eastern Stand-
ard Time) May 24, 1934, outside the limits and juris-
diction 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 Immigra-
tion 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 pro-
vided 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 sub-
section (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 citizen-
ship of anyone who has obtained citizenship under section
1993 of the Revised Statutes (as in effect before the enact-
ment 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 Nation-
ality Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provi-
sion) 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 CITIZEN-
SHIP.—This section, the amendments made by this section,
and any retroactive application of such amendments shall
not effect any residency or other retention requirements for
citizenship as in effect before October 10, 1978, with respect
to the transmission of citizenship.
SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION
OF CITIZEN PARENT.
(a) IN GENERAL.—Section 322 of the Immigration
and Nationality Act (8 U.S.C. 1433) is amended to read
as follows:
‘‘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 par-
ent 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 posses-
sions 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, pursu-
ant to a lawful admission for permanent resi-
dence, 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 natu-
ralization, 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 ful-
filled.’’.
(b) CONFORMING AMENDMENT.—Subsection (c) of sec-
tion 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 citi-
zenship 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 enact-
ment of this Act.
SEC. 103. FORMER CITIZENS OF UNITED STATES REGAIN-
ING 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 pro-
vision of law shall be construed as conferring United States
citizenship retroactively upon such person during any pe-
riod in which such person was not a citizen.
‘‘(2) The provisions of paragraphs (2) and (3) of sub-
section (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 sub-
section (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 strik-
ing ‘‘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), re-
spectively; and
(2) in subsection (d) (as redesignated), by strik-
ing ‘‘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 sub-
section (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 insert-
ing ‘‘loss of nationality’’; and
(3) in subsection (b), by striking ‘‘expatriated
himself’’ and inserting ‘‘lost United States national-
ity’’.
(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 DETERMINA-
TIONS 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 follow-
ing new sentence: ‘‘Approval by the Secretary of State of
a certificate under this section shall constitute a final ad-
ministrative determination of loss of United States nation-
ality under this Act, subject to such procedures for adminis-
trative 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 follow-
ing 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 ob-
tained 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 can-
cellation of such document, together with the procedures for
seeking a prompt post-cancellation hearing. The cancella-
tion 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 sub-
section:
‘‘(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 sec-
tion 334, either—
‘‘(A) is over fifty years of age and has been liv-
ing 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 pro-
vided 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 perma-
nent 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 in-
serting ‘‘312(a)’’.
(c) EFFECTIVE DATE.—The amendments made by sub-
section (a) shall take effect on the date of the enactment
of this Act and shall apply to applications for naturaliza-
tion 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 sub-
section (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 CORREC-
TIONS 
OF 
IMMIGRATION
LAWS
SEC. 201. AMERICAN INSTITUTE IN TAIWAN.
Section 101(a)(27)(D) of the Immigration and Nation-
ality 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 Na-
tionality Act (8 U.S.C. 1101(a)(27)(I)(iii)) is amended by
striking ‘‘(II)’’ and all that follows through ‘‘; or’’ and in-
serting 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 EX-
CLUSION AND DEPORTATION.
(a) EXCLUSION GROUNDS.—Section 212 of the Immi-
gration 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 in-
serting ‘‘, 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 at-
tempt 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 DE-
PARTING 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 in-
serting ‘‘United States’’ after ‘‘valid’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (a) shall apply to departures and entries (and at-
tempts 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 im-
migration laws;’’.
(b) EFFECTIVE DATE.—The amendments made by sub-
section (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 legal-
ized alien described in subsection (b)(2)(A))’’.
(b) EFFECTIVE DATE.—The amendment made by sub-
section (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 REFU-
GEE 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 strik-
ing ‘‘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 in-
serting ‘‘an amount sufficient to cover such fine’’;
(4) by striking ‘‘sum’’ and ‘‘sums’’ each place ei-
ther appears and inserting ‘‘fine’’;
(5) in subsection (c) by striking ‘‘Such’’ and in-
serting ‘‘Except as provided in subsection (e), such’’;
and
(6) by adding at the end the following new sub-
section:
‘‘(e) A fine under this section may be reduced, re-
funded, 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 ac-
cordance with procedures prescribes by the Attorney
General, or
‘‘(2) circumstances exist that the Attorney Gen-
eral 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 enact-
ment 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 PAR-
TICIPANT 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 coun-
try with probationary status under subsection (g)’’;
(2) by adding at the end the following new sub-
section:
‘‘(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 proba-
tionary status if it meets the requirements of para-
graph (2).
‘‘(2) QUALIFICATIONS.—A country may not be
designated as a pilot program country with proba-
tionary 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 pre-
vious 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 non-
immigrant 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 ad-
mission 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 non-
immigrant visitors during the preceding fis-
cal 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 admis-
sion as nonimmigrant visitors during the preced-
ing fiscal year.
‘‘(D) MACHINE READABLE PASSPORT PRO-
GRAM.—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 QUALIFICA-
TIONS FOR PILOT PROGRAM COUNTRIES WITH PROBA-
TIONARY 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 ad-
mission 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 admis-
sion as nonimmigrant visitors during the preced-
ing fiscal year.
‘‘(B) The country is not designated as a
pilot program country under subsection (c) with-
in 3 fiscal years of its designation as a pilot
program country with probationary status under
this subsection.’’.
‘‘(4) DESIGNATION
OF
PILOT
PROGRAM
COUN-
TRIES WITH PROBATIONARY STATUS AS PILOT PRO-
GRAM COUNTRIES.—In the case of a country which
was a pilot program country with probationary sta-
tus 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 dur-
ing 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 nation-
als of that country who applied for admission as non-
immigrant 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 LIMITA-
TIONS CONCERNING CERTAIN SPECIAL IMMI-
GRANTS.
(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 VER-
IFICATION SYSTEM.
Section 274A(d)(4)(A) of the Immigration and Na-
tionality 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 SPE-
CIAL IMMIGRANT FOR RELIGIOUS WORKERS.
Section 101(a)(27)(C)(ii) of the Immigration and Na-
tionality Act (8 U.S.C. 1101(a)(27)(C)(ii)) is amended—
(1) in subclause (II) by striking ‘‘1994,’’ and in-
serting ‘‘1997,’’; and
(2) in subclause (III) by striking ‘‘1994,’’ and
inserting ‘‘1997,’’.
SEC. 215. EXTENSION OF OFF-CAMPUS WORK AUTHORIZA-
TION 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 Im-
migration 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 in-
serting ‘‘1996,’’.
SEC. 216. ELIMINATING OBLIGATION OF CARRIERS TO DE-
TAIN 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, com-
manding 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 DI-
VERSITY TRANSITION PROGRAM.
(a) EXTENSION
OF DIVERSITY TRANSITION PRO-
GRAM.—Section 132 of the Immigration Act of 1990 (Public
Law 101–649) is amended—
(1) in subsection (a), by inserting before the pe-
riod 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 fis-
cal 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), appli-
(3) 
REQUIREMENTS.—Notwithstanding 
any
other provision of law, for the purpose of carrying out
the extension of the diversity transition program
under the amendments made by subsection (a), the re-
quirement of section 132(b)(2) of the Immigration Act
of 1990 shall not apply to applicants under such ex-
tension 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 cer-
tification 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 COR-
RECTIONS TO IMMIGRATION-RELATED PROVI-
SIONS.
(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 Nation-
ality 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 Nation-
ality 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 Nation-
ality 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 sub-
section (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 Nation-
ality 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 Na-
tionality Act (8 U.S.C. 1255(h)(2)(B)) is amended by strik-
ing ‘‘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 insert-
ing ‘‘404(b)(2)(A)(ii)’’ and ‘‘404(b)(2)(A)(iii)’’, respec-
tively.
(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 sen-
tences.
(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 Immigra-
tion and Nationality Act (8 U.S.C. 1323(b)) is amended
by striking ‘‘collector of customs’’ and inserting ‘‘Commis-
sioner’’.
(q) Section 274B(g)(2)(C) of the Immigration and Na-
tionality 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 National-
ity 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 Na-
tionality Act (8 U.S.C. 1330(b)(1)(C)) is amended by strik-
ing ‘‘maintainance’’ and inserting ‘‘maintenance’’.
(t) Effective as if included in the enactment of Public
Law 102–395, subsection (r) of section 286 of the Immigra-
tion and Nationality Act (8 U.S.C. 1356), as added by sec-
tion 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 re-
ferred to as the Fund)’’ and inserting ‘‘(in this sub-
section referred to as the ‘Fund’)’’;
(3) in paragraph (2), by striking ‘‘the Immigra-
tion 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 Na-
tionality Act (8 U.S.C. 1421(b)(5)(A)) is amended by strik-
ing ‘‘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 Nation-
ality 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 Na-
tionality Act (8 U.S.C. 1522(e)(7)(D)) is amended by strik-
ing ‘‘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 amend-
ed 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 ‘‘sub-
section (c)(1)(B)’’;
(3) paragraph (1) of section 305(j) of such Act
is repealed (and section 407(d)(16)(C) of the Immi-
gration 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 para-
graph (1);
(B) by striking paragraph (2); and
(C) by redesignating paragraph (3) as
paragraph (2) and by striking ‘‘309(c)’’ and in-
serting ‘‘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 pref-
erence 
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, Ex-
port 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 effec-
tive as if included in the enactment of the Immigration Act
of 1990.
(ee)(1) Section 210A of the Immigration and National-
ity Act (8 U.S.C. 1161) is repealed.
(2) The table of contents of the Immigration and Na-
tionality 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.
103D CONGRESS
2D SESSION
H. R. 783
AMENDMENT
TO
SENATE AMENDMENT