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 Na-
tionality Act to make changes in the laws relating to nation-
ality 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:
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‘‘SECTION 1. SHORT TITLE.
‘‘This Act may be cited as the ‘Immigration and Nation-
ality 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 citizen-
ship.
‘‘Sec. 104. Intent to reside permanently in the United States after naturaliza-
tion.
‘‘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 his-
tory, 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 spe-
cial immigrants.
‘‘Sec. 213. Extension of telephone employment verification system.
‘‘Sec. 214. Extension of expanded definition of special immigrant for religious
workers.
‘‘Sec. 215. Extension of off-campus work authorization for students.
‘‘Sec. 216. Eliminating obligation of carriers to detain stowaways.
‘‘Sec. 217. Completing use of visas provided under diversity transition program.
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‘‘Sec. 218. Effect on preference date of application for labor certification.
‘‘Sec. 219. Other miscellaneous and technical corrections to immigration-related
provisions.
‘‘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 para-
graph:
‘‘ ‘(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 na-
tionality if the person failed to come to, or reside or be phys-
ically 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
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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 subsection (b),
had been in effect as of the date of their birth, except that
the retroactive application of the amendment and that sub-
section shall not affect the validity of citizenship of anyone
who has obtained citizenship under section 1993 of the Re-
vised 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 citizen-
ship on, or affect the validity of any denaturalization, depor-
tation, 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 ex-
cluded from, or who would not have been eligible for admis-
sion to, the United States under the Displaced Persons Act
of 1948 or under section 14 of the Refugee Relief Act of
1953.
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‘‘(d) APPLICATION
TO
TRANSMISSION
OF
CITIZEN-
SHIP.—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 citi-
zenship 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 fol-
lows:
‘‘ ‘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.
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‘‘ ‘(4) If the citizen parent is an adoptive parent of
the child, the child was adopted by the citizen parent be-
fore the child reached the age of 16 years and the child
meets the requirements for being a child under subpara-
graph (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 alle-
giance required by this Act of an applicant for naturalization,
the child shall become a citizen of the United States and shall
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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 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
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 enact-
ment 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
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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 pro-
visions of this title except the provisions of section 313. Noth-
ing in this subsection or any other provision of law shall be
construed as conferring United States citizenship retro-
actively upon such person during any period 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 sub-
section (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 enact-
ment 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 ‘in-
tends 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.
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‘‘(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), respec-
tively; 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 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 ex-
patriated’ and inserting ‘lose United States nation-
ality’, and
‘‘(B) by striking ‘expatriation’ and inserting
‘loss of nationality’; and
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‘‘(3) in subsection (b), by striking ‘expatriated him-
self’ 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 certifi-
cate 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 con-
stitute a denial of a right or privilege of United States na-
tionality 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
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Birth, or certified copy thereof, if it appears that such docu-
ment 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 docu-
ment 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 docu-
ment 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 ‘‘Re-
port of Birth Abroad of a Citizen of the United States’’, is-
sued 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.’.
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‘‘SEC. 108. EXPANDING WAIVER OF THE GOVERNMENT KNOWL-
EDGE, UNITED STATES HISTORY, AND ENGLISH
LANGUAGE REQUIREMENTS FOR NATURALIZA-
TION.
‘‘(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 fol-
lows 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 de-
velopmental disability or mental impairment to comply there-
with.
‘‘ ‘(2) The requirement of subsection (a)(1) shall not
apply to any person who, on the date of the filing of the per-
son’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
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‘‘ ‘(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 per-
manent 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 fil-
ing 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 resi-
dence.’.
‘‘(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 sub-
section (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 pro-
mulgate regulations to carry out section 312(b)(3) of the Im-
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migration 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 in-
clude the following information by district office for each na-
tional 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
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‘‘(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 inserting
the following: ‘(II) files a petition for status under this sub-
paragraph no later than six months after the date of such re-
tirement or six months after the date of enactment of the Im-
migration and Nationality Technical Corrections Act of 1994,
whichever is later; or’.
‘‘SEC. 203. CLARIFICATION OF CERTAIN GROUNDS FOR EXCLU-
SION 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’.
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‘‘(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 pur-
chase, sell, offer for sale, exchange, use, own, pos-
sess, 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 DEPART-
ING 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 insert-
ing ‘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.
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‘‘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 fol-
lows through ‘exempt from exclusion under the immigra-
tion 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 De-
cember 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 sub-
section (a) shall be deemed to have become effective as of Oc-
tober 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—