[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 783 Engrossed Amendment House (EAH)]

                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 naturalization'', with the following

                               AMENDMENT:

        In lieu of the matter inserted by said amendment, insert:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Immigration and Nationality 
Technical Corrections Act of 1994''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents of this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.

                TITLE I--NATIONALITY AND NATURALIZATION

Sec. 101. Equal treatment of women in conferring citizenship to 
                            children born abroad.
Sec. 102. Naturalization of children on application of citizen parent.
Sec. 103. Former citizens of United States regaining United States 
                            citizenship.
Sec. 104. Intent to reside permanently in the United States after 
                            naturalization.
Sec. 105. Terminology relating to expatriation.
Sec. 106. Administrative and judicial determinations relating to loss 
                            of citizenship.
Sec. 107. Cancellation of United States passports and consular reports 
                            of birth.
Sec. 108. Expanding waiver of the Government knowledge, United States 
                            history, and English language requirements 
                            for naturalization.
Sec. 109. Report on citizenship of certain legalized aliens.

          TITLE II--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

Sec. 201. American Institute in Taiwan.
Sec. 202. G-4 special immigrants.
Sec. 203. Clarification of certain grounds for exclusion and 
                            deportation.
Sec. 204. United States citizens entering and departing on United 
                            States passports.
Sec. 205. Applications for visas.
Sec. 206. Family unity.
Sec. 207. Technical amendment regarding one-house veto.
Sec. 208. Authorization of appropriations for refugee assistance for 
                            fiscal years 1995, 1996, and 1997.
Sec. 209. Fines for unlawful bringing of aliens into the United States.
Sec. 210. Extension of visa waiver pilot program.
Sec. 211. Creation of probationary status for participant countries in 
                            the visa waiver pilot program.
Sec. 212. Technical changes to numerical limitations concerning certain 
                            special immigrants.
Sec. 213. Extension of telephone employment verification system.
Sec. 214. Extension of expanded definition of special immigrant for 
                            religious workers.
Sec. 215. Extension of off-campus work authorization for students.
Sec. 216. Eliminating obligation of carriers to detain stowaways.
Sec. 217. Completing use of visas provided under diversity transition 
                            program.
Sec. 218. Effect on preference date of application for labor 
                            certification.
Sec. 219. Other miscellaneous and technical corrections to immigration-
                            related provisions.

                TITLE I--NATIONALITY AND NATURALIZATION

SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZENSHIP TO 
              CHILDREN BORN ABROAD.

    (a) In General.--Section 301 of the Immigration and Nationality Act 
(8 U.S.C. 1401) is amended--
            (1) by striking the period at the end of paragraph (g) and 
        inserting ``; and'', and
            (2) by adding at the end the following new paragraph:
            ``(h) a person born before noon (Eastern Standard Time) May 
        24, 1934, outside the limits and jurisdiction of the United 
        States of an alien father and a mother who is a citizen of the 
        United States who, prior to the birth of such person, had 
        resided in the United States.''.
    (b) Waiver of Retention Requirements.--Any provision of law 
(including section 301(b) of the Immigration and Nationality Act (as in 
effect before October 10, 1978), and the provisos of section 201(g) of 
the Nationality Act of 1940) that provided for a person's loss of 
citizenship or nationality if the person failed to come to, or reside 
or be physically present in, the United States shall not apply in the 
case of a person claiming United States citizenship based on such 
person's descent from an individual described in section 301(h) of the 
Immigration and Nationality Act (as added by subsection (a)).
    (c) Retroactive Application.--(1) Except as provided in paragraph 
(2), the immigration and nationality laws of the United States shall be 
applied (to persons born before, on, or after the date of the enactment 
of this Act) as though the amendment made by subsection (a), and 
subsection (b), had been in effect as of the date of their birth, 
except that the retroactive application of the amendment and that 
subsection shall not affect the validity of citizenship of anyone who 
has obtained citizenship under section 1993 of the Revised Statutes (as 
in effect before the enactment of the Act of May 24, 1934 (48 Stat. 
797)).
    (2) The retroactive application of the amendment made by subsection 
(a), and subsection (b), shall not confer citizenship on, or affect the 
validity of any denaturalization, deportation, or exclusion action 
against, any person who is or was excludable from the United States 
under section 212(a)(3)(E) of the Immigration and Nationality Act (8 
U.S.C. 1182(a)(3)(E)) (or predecessor provision) or who was excluded 
from, or who would not have been eligible for admission to, the United 
States under the Displaced Persons Act of 1948 or under section 14 of 
the Refugee Relief Act of 1953.
    (d) Application to Transmission of Citizenship.--This section, the 
amendments made by this section, and any retroactive application of 
such amendments shall not 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 parent before the 
        child reached the age of 16 years and the child meets the 
        requirements for being a child under subparagraph (E) or (F) of 
        section 101(b)(1).
            ``(5) If the citizen parent has not been physically present 
        in the United States or its outlying possessions for a period 
        or periods totaling not less than five years, at least two of 
        which were after attaining the age of fourteen years--
                    ``(A) the child is residing permanently in the 
                United States with the citizen parent, pursuant to a 
                lawful admission for permanent residence, or
                    ``(B) a citizen parent of the citizen parent has 
                been physically present in the United States or its 
                outlying possessions for a period or periods totaling 
                not less than five years, at least two of which were 
                after attaining the age of fourteen years.
    ``(b) Upon approval of the application (which may be filed abroad) 
and, except as provided in the last sentence of section 337(a), upon 
taking and subscribing before an officer of the Service within the 
United States to the oath of allegiance required by this Act of an 
applicant for naturalization, the child shall become a citizen of the 
United States and shall be furnished by the Attorney General with a 
certificate of citizenship.
    ``(c) Subsection (a) of this section shall apply to the adopted 
child of a United States citizen adoptive parent if the conditions 
specified in such subsection have been fulfilled.''.
    (b) Conforming Amendment.--Subsection (c) of section 341 of such 
Act (8 U.S.C. 1452) is repealed.
    (c) Clerical Amendment.--The item in the table of contents of such 
Act relating to section 322 is amended to read as follows:

``Sec. 322. Child born outside the United States; application for 
                            certificate of citizenship requirements.''.
    (d) Effective Date.--The amendments made by this section shall take 
effect on the first day of the first month beginning more than 120 days 
after the date of the enactment of this Act.

SEC. 103. FORMER CITIZENS OF UNITED STATES REGAINING UNITED STATES 
              CITIZENSHIP.

    (a) In General.--Section 324 of the Immigration and Nationality Act 
(8 U.S.C. 1435) is amended by adding at the end the following new 
subsection:
    ``(d)(1) A person who was a citizen of the United States at birth 
and lost such citizenship for failure to meet the physical presence 
retention requirements under section 301(b) (as in effect before 
October 10, 1978), shall, from and after taking the oath of allegiance 
required by section 337 be a citizen of the United States and have the 
status of a citizen of the United States by birth, without filing an 
application for naturalization, and notwithstanding any of the other 
provisions of this title except the provisions of section 313. Nothing 
in this subsection or any other provision of law shall be construed as 
conferring United States citizenship retroactively upon such person 
during any period in which such person was not a citizen.
    ``(2) The provisions of paragraphs (2) and (3) of subsection (c) 
shall apply to a person regaining citizenship under paragraph (1) in 
the same manner as they apply under subsection (c)(1).''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect on the first day of the first month beginning more than 120 
days after the date of the enactment of this Act.

SEC. 104. INTENT TO RESIDE PERMANENTLY IN THE UNITED STATES AFTER 
              NATURALIZATION.

    (a) In General.--Section 338 of the Immigration and Nationality Act 
(8 U.S.C. 1449) is amended by striking ``intends to reside permanently 
in the United States, except in cases falling within the provisions of 
section 324(a) of this title,''.
    (b) Conforming Repeal.--Section 340(d) of such Act (8 U.S.C. 
1451(d)) is repealed.
    (c) Conforming Redesignation.--Section 340 of such Act (8 U.S.C. 
1451) is amended--
            (1) by redesignating subsections (e), (f), (g), (h), and 
        (i) as subsections (d), (e), (f), (g), and (h), respectively; 
        and
            (2) in subsection (d) (as redesignated), by striking 
        ``subsections (c) or (d)'' and inserting ``subsection (c)''.
    (d) Conforming Amendment.--Section 405 of the Immigration Act of 
1990 is amended by striking subsection (b).
    (e) Effective Date.--The amendment made by subsection (a) shall 
apply to persons admitted to citizenship on or after the date of 
enactment of this Act.

SEC. 105. TERMINOLOGY RELATING TO EXPATRIATION.

    (a) In General.--Section 351 of the Immigration and Nationality Act 
(8 U.S.C. 1483) is amended--
            (1) in the heading, by striking ``expatriation'' and 
        inserting ``loss of nationality'';
            (2) in subsection (a)--
                    (A) by striking ``expatriate himself, or be 
                expatriated'' and inserting ``lose United States 
                nationality'', and
                    (B) by striking ``expatriation'' and inserting 
                ``loss of nationality''; and
            (3) in subsection (b), by striking ``expatriated himself'' 
        and inserting ``lost United States nationality''.
    (b) Clerical Amendment.--The item in the table of contents of such 
Act relating to section 351 is amended to read as follows:

``Sec. 351. Restrictions on loss of nationality.''.

SEC. 106. ADMINISTRATIVE AND JUDICIAL DETERMINATIONS RELATING TO LOSS 
              OF CITIZENSHIP.

    Section 358 of the Immigration and Nationality Act (8 U.S.C. 1501) 
is amended by adding at the end the following new sentence: ``Approval 
by the Secretary of State of a certificate under this section shall 
constitute a final administrative determination of loss of United 
States nationality under this Act, subject to such procedures for 
administrative appeal as the Secretary may prescribe by regulation, and 
also shall constitute a denial of a right or privilege of United States 
nationality for purposes of section 360.''.

SEC. 107. CANCELLATION OF UNITED STATES PASSPORTS AND CONSULAR REPORTS 
              OF BIRTH.

    (a) In General.--Title III of the Immigration and Nationality Act 
is amended by adding at the end the following new section:

``cancellation of united states passports and consular reports of birth

    ``Sec. 361. (a) The Secretary of State is authorized to cancel any 
United States passport or Consular Report of Birth, or certified copy 
thereof, if it appears that such document was illegally, fraudulently, 
or erroneously obtained from, or was created through illegality or 
fraud practiced upon, the Secretary. The person for or to whom such 
document has been issued or made shall be given, at such person's last 
known address, written notice of the cancellation of such document, 
together with the procedures for seeking a prompt post-cancellation 
hearing. The cancellation under this section of any document purporting 
to show the citizenship status of the person to whom it was issued 
shall affect only the document and not the citizenship status of the 
person in whose name the document was issued.
    ``(b) For purposes of this section, the term `Consular Report of 
Birth' refers to the report, designated as a `Report of Birth Abroad of 
a Citizen of the United States', issued by a consular officer to 
document a citizen born abroad.''.
    (b) Clerical Amendment.--The table of contents is amended by 
inserting after the item relating to section 360 the following new 
item:

``Sec. 361. Cancellation of United States passports and Consular 
                            Reports of Birth.''.

SEC. 108. EXPANDING WAIVER OF THE GOVERNMENT KNOWLEDGE, UNITED STATES 
              HISTORY, AND ENGLISH LANGUAGE REQUIREMENTS FOR 
              NATURALIZATION.

    (a) In General.--Section 312 of the Immigration and Nationality Act 
(8 U.S.C. 1423) is amended--
            (1) by inserting ``(a)'' after ``312.'',
            (2) by striking ``this requirement'' and all that follows 
        through ``That'',
            (3) by striking ``this section'' and inserting ``this 
        paragraph'', and
            (4) by adding at the end the following new subsection:
    ``(b)(1) The requirements of subsection (a) shall not apply to any 
person who is unable because of physical or developmental disability or 
mental impairment to comply therewith.
    ``(2) The requirement of subsection (a)(1) shall not apply to any 
person who, on the date of the filing of the person's application for 
naturalization as provided in section 334, either--
            ``(A) is over fifty years of age and has been living in the 
        United States for periods totalling at least twenty years 
        subsequent to a lawful admission for permanent residence, or
            ``(B) is over fifty-five years of age and has been living 
        in the United States for periods totaling at least fifteen 
        years subsequent to a lawful admission for permanent residence.
    ``(3) The Attorney General, pursuant to regulations, shall provide 
for special consideration, as determined by the Attorney General, 
concerning the requirement of subsection (a)(2) with respect to any 
person who, on the date of the filing of the person's application for 
naturalization as provided in section 334, is over sixty-five years of 
age and has been living in the United States for periods totaling at 
least twenty years subsequent to a lawful admission for permanent 
residence.''.
    (b) Conforming Amendments.--Section 245A(b)(1)(D) of such Act (8 
U.S.C. 1254a(b)(1)(D)) is amended by striking ``312'' each place it 
appears and inserting ``312(a)''.
    (c) Effective Date.--The amendments made by subsection (a) shall 
take effect on the date of the enactment of this Act and shall apply to 
applications for naturalization filed on or after such date and to such 
applications pending on such date.
    (d) Regulations.--Not later than 120 days after the date of 
enactment of this Act, the Attorney General shall promulgate 
regulations to carry out section 312(b)(3) of the Immigration and 
Nationality Act (as amended by subsection (a)).

SEC. 109. REPORT ON CITIZENSHIP OF CERTAIN LEGALIZED ALIENS.

    Not later than June 30, 1996, the Commissioner of the Immigration 
and Naturalization Service shall prepare and submit to the Congress a 
report concerning the citizenship status of aliens legalized under 
section 245A and section 210 of the Immigration and Nationality Act. 
Such report shall include the following information by district office 
for each national origin group:
            (1) The number of applications for citizenship filed.
            (2) The number of applications approved.
            (3) The number of applications denied.
            (4) The number of applications pending.

          TITLE II--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

SEC. 201. AMERICAN INSTITUTE IN TAIWAN.

    Section 101(a)(27)(D) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(D)) is amended--
            (1) by inserting ``or of the American Institute in 
        Taiwan,'' after ``of the United States Government abroad,''; 
        and
            (2) by inserting ``(or, in the case of the American 
        Institute in Taiwan, the Director thereof)'' after ``Foreign 
        Service establishment''.

SEC. 202. G-4 SPECIAL IMMIGRANTS.

    Section 101(a)(27)(I)(iii) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(I)(iii)) is amended by striking ``(II)'' and all 
that follows through ``; or'' and inserting the following: ``(II) files 
a petition for status under this subparagraph no later than six months 
after the date of such retirement or six months after the date of 
enactment of the Immigration and Nationality Technical Corrections Act 
of 1994, whichever is later; or''.

SEC. 203. CLARIFICATION OF CERTAIN GROUNDS FOR EXCLUSION AND 
              DEPORTATION.

    (a) Exclusion Grounds.--Section 212 of the Immigration and 
Nationality Act (8 U.S.C. 1182) is amended--
            (1) in subsection (a)(2)(A)(i)(I), by inserting ``or an 
        attempt or conspiracy to commit such a crime'' after 
        ``offense)'',
            (2) in subsection (a)(2)(A)(i)(II), by inserting ``or 
        attempt'' after ``conspiracy'', and
            (3) in the last sentence of subsection (h), by inserting 
        ``, or an attempt or conspiracy to commit murder or a criminal 
        act involving torture'' after ``torture''.
    (b) Deportation Grounds.--Section 241(a) of such Act (8 U.S.C. 
1251(a)) is amended--
            (1) in paragraph (2)(C)--
                    (A) by striking ``in violation of any law,'' and 
                inserting ``, or of attempting or conspiring to 
                purchase, sell, offer for sale, exchange, use, own, 
                possess, or carry,'', and
                    (B) by inserting ``in violation of any law'' after 
                ``Code)''; and
            (2) in paragraph (3)(B), by inserting ``an attempt or'' 
        before ``a conspiracy'' each place it appears in clauses (ii) 
        and (iii).
    (c) Effective Date.--The amendments made by this section shall 
apply to convictions occurring before, on, or after the date of the 
enactment of this Act.

SEC. 204. UNITED STATES CITIZENS ENTERING AND DEPARTING ON UNITED 
              STATES PASSPORTS.

    (a) In General.--Section 215(b) of the Immigration and Nationality 
Act (8 U.S.C. 1185(b)) is amended by inserting ``United States'' after 
``valid''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
apply to departures and entries (and attempts thereof) occurring on or 
after the date of enactment of this Act.

SEC. 205. APPLICATIONS FOR VISAS.

    (a) In General.--The second sentence of section 222(a) of the 
Immigration and Nationality Act (8 U.S.C. 1202(a)) is amended--
            (1) by striking ``the immigrant'' and inserting ``the 
        alien'', and
            (2) by striking ``present address'' and all that follows 
        through ``exempt from exclusion under the immigration laws;''.
    (b) Effective Date.--The amendments made by subsection (a) shall 
apply to applications made on or after the date of the enactment of 
this Act.

SEC. 206. FAMILY UNITY.

    (a) In General.--Section 301(a) of the Immigration Act of 1990 is 
amended by inserting after ``May 5, 1988'' the following: ``(in the 
case of a relationship to a legalized alien described in subsection 
(b)(2)(B) or (b)(2)(C)) or as of December 1, 1988 (in the case of a 
relationship to a legalized alien described in subsection (b)(2)(A))''.
    (b) Effective Date.--The amendment made by subsection (a) shall be 
deemed to have become effective as of October 1, 1991.

SEC. 207. TECHNICAL AMENDMENT REGARDING ONE-HOUSE VETO.

    Section 13(c) of the Act of September 11, 1957 (8 U.S.C. 1255b(c)) 
is amended--
            (1) by striking the third sentence; and
            (2) in the fourth sentence, by striking ``If neither the 
        Senate nor the House of Representatives passes such a 
        resolution within the time above specified the'' and inserting 
        ``The''.

SEC. 208. AUTHORIZATION OF APPROPRIATIONS FOR REFUGEE ASSISTANCE FOR 
              FISCAL YEARS 1995, 1996, AND 1997.

    Section 414(a) of the Immigration and Nationality Act (8 U.S.C. 
1524(a)) is amended by striking ``fiscal year 1993 and fiscal year 
1994'' and inserting ``fiscal year 1995, fiscal year 1996, and fiscal 
year 1997''.

SEC. 209. FINES FOR UNLAWFUL BRINGING OF ALIENS INTO THE UNITED STATES.

    (a) In General.--Section 273 of the Immigration and Nationality Act 
(8 U.S.C. 1323) is amended--
            (1) in subsections (b) and (d) by striking ``the sum of 
        $3000'' and inserting ``a fine of $3000'' each place it 
        appears;
            (2) in the first sentence of subsection (b) by striking ``a 
        sum equal'' and inserting ``an amount equal'';
            (3) in the second sentence of subsection (d) by striking 
        ``a sum sufficient to cover such fine'' and inserting ``an 
        amount sufficient to cover such fine'';
            (4) by striking ``sum'' and ``sums'' each place either 
        appears and inserting ``fine'';
            (5) in subsection (c) by striking ``Such'' and inserting 
        ``Except as provided in subsection (e), such''; and
            (6) by adding at the end the following new subsection:
    ``(e) A fine under this section may be reduced, refunded, or waived 
under such regulations as the Attorney General shall prescribe in cases 
in which--
            ``(1) the carrier demonstrates that it had screened all 
        passengers on the vessel or aircraft in accordance with 
        procedures prescribes by the Attorney General, or
            ``(2) circumstances exist that the Attorney General 
        determines would justify such reduction, refund, or waiver.''.
    (b) Effective Date.--The amendments made by this subsection shall 
apply with respect to aliens brought to the United States more than 60 
days after the date of enactment of this Act.

SEC. 210. EXTENSION OF VISA WAIVER PILOT PROGRAM.

    Section 217(f) of the Immigration and Nationality Act (8 U.S.C. 
1187(f)) is amended by striking ``ending'' and all that follows through 
the period and inserting ``ending on September 30, 1996''.

SEC. 211. CREATION OF PROBATIONARY STATUS FOR PARTICIPANT COUNTRIES IN 
              THE VISA WAIVER PROGRAM.

    Section 217 of the Immigration and Nationality Act (8 U.S.C. 1187) 
is amended--
            (1) in subsection (a)(2)(B) by inserting before the period 
        ``or is designated as a pilot program country with probationary 
        status under subsection (g)'';
            (2) by adding at the end the following new subsection:
    ``(g) Pilot Program Country With Probationary Status.--
            ``(1) In general.--The Attorney General and the Secretary 
        of State acting jointly may designate any country as a pilot 
        program country with probationary status if it meets the 
        requirements of paragraph (2).
            ``(2) Qualifications.--A country may not be designated as a 
        pilot program country with probationary status unless the 
        following requirements are met:
                    ``(A) Nonimmigrant visa refusal rate for previous 
                2-year period.--The average number of refusals of 
                nonimmigrant visitor visas for nationals of the country 
                during the two previous full fiscal years was less than 
                3.5 percent of the total number of nonimmigrant visitor 
                visas for nationals of that country which were granted 
                or refused during those years.
                    ``(B) Nonimmigrant visa refusal rate for previous 
                year.--The number of refusals of nonimmigrant visitor 
                visas for nationals of the country during the previous 
                full fiscal year was less than 3 percent of the total 
                number of nonimmigrant visitor visas for nationals of 
                that country which were granted or refused during that 
                year.
                    ``(C) Low exclusions and violations rate for 
                previous year.--The sum of--
                            ``(i) the total number of nationals of that 
                        country who were excluded from admission or 
                        withdrew their application for admission during 
                        the preceding fiscal year as a nonimmigrant 
                        visitor, and
                            ``(ii) the total number of nationals of 
                        that country who were admitted as nonimmigrant 
                        visitors during the preceding fiscal year and 
                        who violated the terms of such admission,
                was less than 1.5 percent of the total number of 
                nationals of that country who applied for admission as 
                nonimmigrant visitors during the preceding fiscal year.
                    ``(D) Machine readable passport program.--The 
                government of the country certifies that it has or is 
                in the process of developing a program to issue 
                machine-readable passports to its citizens.
            ``(3) Continuing and subsequent qualifications for pilot 
        program countries with probationary status.--The designation of 
        a country as a pilot program country with probationary status 
        shall terminate if either of the following occurs:
                    ``(A) The sum of--
                            ``(i) the total number of nationals of that 
                        country who were excluded from admission or 
                        withdrew their application for admission during 
                        the preceding fiscal year as a nonimmigrant 
                        visitor, and
                            ``(ii) the total number of nationals of 
                        that country who were admitted as visitors 
                        during the preceding fiscal year and who 
                        violated the terms of such admission,
                is more than 2.0 percent of the total number of 
                nationals of that country who applied for admission as 
                nonimmigrant visitors during the preceding fiscal year.
                    ``(B) The country is not designated as a pilot 
                program country under subsection (c) within 3 fiscal 
                years of its designation as a pilot program country 
                with probationary status under this subsection.''.
            ``(4) Designation of pilot program countries with 
        probationary status as pilot program countries.--In the case of 
        a country which was a pilot program country with probationary 
        status in the preceding fiscal year, a country may be 
        designated by the Attorney General and the Secretary of State, 
        acting jointly, as a pilot program country under subsection (c) 
        if--
                    ``(A) the total of the number of nationals of that 
                country who were excluded from admission or withdrew 
                their application for admission during the preceding 
                fiscal year as a nonimmigrant visitor, and
                    ``(B) the total number of nationals of that country 
                who were admitted as nonimmigrant visitors during the 
                preceding fiscal year and who violated the terms of 
                such admission,
        was less than 2 percent of the total number of nationals of 
        that country who applied for admission as nonimmigrant visitors 
        during such preceding fiscal year.''; and
            (3) in subsection (c)(2) by striking ``A country'' and 
        inserting ``Except as provided in subsection (g)(4), a 
        country''.

SEC. 212. TECHNICAL CHANGES TO NUMERICAL LIMITATIONS CONCERNING CERTAIN 
              SPECIAL IMMIGRANTS.

    (a) Panama Canal Special Immigrants.--Section 3201 of the Panama 
Canal Act of 1979 (Public Law 96-70) is amended by striking subsection 
(c).
    (b) Armed Forces Special Immigrants.--Section 203(b)(6) of the 
Immigration and Nationality Act (8 U.S.C. 1153(b)(6)) is amended by 
striking subparagraph (C).

SEC. 213. EXTENSION OF TELEPHONE EMPLOYMENT VERIFICATION SYSTEM.

    Section 274A(d)(4)(A) of the Immigration and Nationality Act (8 
U.S.C. 1324a(d)(4)(A)) is amended in the second sentence by striking 
``three'' and inserting ``five''.

SEC. 214. EXTENSION OF EXPANDED DEFINITION OF SPECIAL IMMIGRANT FOR 
              RELIGIOUS WORKERS.

    Section 101(a)(27)(C)(ii) of the Immigration and Nationality Act (8 
U.S.C. 1101(a)(27)(C)(ii)) is amended--
            (1) in subclause (II) by striking ``1994,'' and inserting 
        ``1997,''; and
            (2) in subclause (III) by striking ``1994,'' and inserting 
        ``1997,''.

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

    (a) In General.--Section 221 of the Immigration Act of 1990 (Pub. 
Law 101-649; 104 Stat. 4978) as amended by section 303(b)(1) of the 
Miscellaneous and Technical Immigration and Naturalization Amendments 
of 1991 (Pub. Law 102-232; 105 Stat. 1747) is amended--
            (1) in the heading for subsection (a) by striking ``3-
        Year'' and inserting ``5-Year'';
            (2) in subsection (a) by striking ``3-year'' and inserting 
        ``5-year''; and
            (3) in subsection (b) by striking ``1994,'' and inserting 
        ``1996,''.

SEC. 216. ELIMINATING OBLIGATION OF CARRIERS TO DETAIN STOWAWAYS.

    The first sentence of section 273(d) of the Immigration and 
Nationality Act (8 U.S.C. 1323(d)) is amended to read as follows: ``The 
owner, charterer, agent, consignee, commanding officer, or master of 
any vessel or aircraft arriving at the United States from any place 
outside the United States who fails to deport any alien stowaway on the 
vessel or aircraft on which such stowaway arrived or on another vessel 
or aircraft at the expense of the vessel or aircraft on which such 
stowaway arrived when required to do so by an immigration officer, 
shall pay to the Commissioner the sum of $3,000 for each alien 
stowaway, in respect of whom any such failure occurs.''.

SEC. 217. COMPLETING USE OF VISAS PROVIDED UNDER DIVERSITY TRANSITION 
              PROGRAM.

    (a) Extension of Diversity Transition Program.--Section 132 of the 
Immigration Act of 1990 (Public Law 101-649) is amended--
            (1) in subsection (a), by inserting before the period at 
        the end of the first sentence the following: ``and in fiscal 
        year 1995 a number of immigrant visas equal to the number of 
        such visas provided (but not made available) under this section 
        in previous fiscal years''; and
            (2) in the next to last sentence of subsection (c), by 
        striking ``or 1993'' and inserting ``, 1993, or 1994''.
    (b) Administration of 1995 Diversity Transition Program.--
            (1) Eligibility.--For the purpose of carrying out the 
        extension of the diversity transition program under the 
        amendments made by subsection (a), applications for natives of 
        diversity transition countries submitted for fiscal year 1995 
        for diversity immigrants under section 203(c) of the 
        Immigration and Nationality Act shall be considered 
        applications for visas made available for fiscal year 1995 for 
        the diversity transition program under section 132 of the 
        Immigration Act of 1990. No application period for the fiscal 
        year 1995 diversity transition program shall be established and 
        no new applications may be accepted for visas made available 
        under such program for fiscal year 1995. Applications for visas 
        in excess of the minimum available to natives of the country 
        specified in section 132(c) of the Immigration Act of 1990 
        shall be selected for qualified applicants within the several 
        regions defined in section 203(c)(1)(F) of the Immigration and 
        Nationality Act in proportion to the region's share of visas 
        issued in the diversity transition program during fiscal years 
        1992 and 1993.
            (2) Notification.--Not later than 180 days after the date 
        of enactment of this Act, notification of the extension of the 
        diversity transition program for fiscal year 1995 and the 
        provision of visa numbers shall be made to each eligible 
        applicant under paragraph (1).
            (3) Requirements.--Notwithstanding any other provision of 
        law, for the purpose of carrying out the extension of the 
        diversity transition program under the amendments made by 
        subsection (a), the requirement of section 132(b)(2) of the 
        Immigration Act of 1990 shall not apply to applicants under 
        such extension and the requirement of section 203(c)(2) of the 
        Immigration and Nationality Act shall apply to such applicants.

SEC. 218. EFFECT ON PREFERENCE DATE OF APPLICATION FOR LABOR 
              CERTIFICATION.

    Section 161(c)(1) of the Immigration Act of 1990 (Public Law 101-
649) is amended--
            (1) by striking ``or an application for labor certification 
        before such date under section 212(a)(14)''; and
            (2) in subparagraph (A)--
                    (A) by striking ``or application''; and
                    (B) by striking ``, or 60 days after the date of 
                certification in the case of labor certifications filed 
                in support of the petition under section 212(a)(14) of 
                such Act before October 1, 1991, but not certified 
                until after October 1, 1993''.

SEC. 219. OTHER MISCELLANEOUS AND TECHNICAL CORRECTIONS TO IMMIGRATION-
              RELATED PROVISIONS.

    (a) Section 101(a)(27)(J)(i) of the Immigration and Nationality Act 
(8 U.S.C. 1101(a)(27)(J)(i)) is amended by striking ``and has'' and 
inserting ``or whom such a court has legally committed to, or placed 
under the custody of, an agency or department of a State and who has''.
    (b)(1) The second sentence of section 201(b)(2)(A)(i) of the 
Immigration and Nationality Act (8 U.S.C. 1151(b)(2)(A)(i)) is amended 
by inserting ``(and each child of the alien)'' after ``the alien''.
    (2) The second sentence of section 204(a)(1)(A) of such Act (8 
U.S.C. 1154(a)(1)(A)) is amended--
            (A) by inserting ``spouse'' after ``alien'', and
            (B) by inserting ``of the alien (and the alien's 
        children)'' after ``for classification''.
    (c) Section 203(b)(5) of the Immigration and Nationality Act (8 
U.S.C. 1153(b)(5)) is amended by striking ``Targetted'', ``targetted'', 
and ``targetted'' each place each appears and inserting ``Targeted'', 
``targeted'', and ``targeted'', respectively.
    (d) Section 210(d)(3) of the Immigration and Nationality Act (8 
U.S.C. 1160(d)(3)) is amended by inserting ``the'' before ``Service'' 
the first place it appears.
    (e) Section 212(d)(11) of the Immigration and Nationality Act (8 
U.S.C. 1182(d)(11)) is amended by striking ``voluntary'' and inserting 
``voluntarily''.
    (f) Section 258 of the Immigration and Nationality Act (8 U.S.C. 
1288) is amended in subsection (d)(3)(B) by striking ``subparagraph 
(A)'' and inserting ``subparagraph (A)(iii)''.
    (g) Section 241(c) of the Immigration and Nationality Act (8 U.S.C. 
1251(c)) is amended by striking ``or (3)(A) of subsection 241(a)'' and 
inserting ``and (3)(A) of subsection (a)''.
    (h) Section 242(h) of the Immigration and Nationality Act (8 U.S.C. 
1252(h)) is amended by striking ``Parole,,'' and inserting ``Parole,''.
    (i) Section 242B(c)(1) of the Immigration and Nationality Act (8 
U.S.C. 1252b(c)(1)) is amended by striking the comma after ``that''.
    (j) Section 244A(c)(2)(A)(iii)(III) of the Immigration and 
Nationality Act (8 U.S.C. 1254a(c)(2)(A)(iii)(III)) is amended--
            (1) by striking ``Paragraphs'' and inserting 
        ``paragraphs'', and
            (2) by striking ``or (3)(E)'' and inserting ``and (3)(E)''.
    (k) Section 245(h)(2)(B) of the Immigration and Nationality Act (8 
U.S.C. 1255(h)(2)(B)) is amended by striking ``or (3)(E)'' and 
inserting ``and (3)(E)''.
    (l)(1) Subparagraph (C) of section 245A(c)(7) of the Immigration 
and Nationality Act (8 U.S.C. 1255a(c)(7)), as added by Public Law 102-
140, is amended--
            (A) by indenting it 2 additional ems to the right; and
            (B) by striking ``subsection (B)'' and inserting 
        ``subparagraph (B)''.
    (2) Section 610(b) of Public Law 102-140 is amended by striking 
``404(b)(2)(ii)'' and ``404(b)(2)(iii)'' and inserting 
``404(b)(2)(A)(ii)'' and ``404(b)(2)(A)(iii)'', respectively.
    (m) Effective as of the date of the enactment of this Act, section 
246(a) of the Immigration and Nationality Act (8 U.S.C. 1256(a)) is 
amended by striking the first 3 sentences.
    (n) Section 262(c) of the Immigration and Nationality Act (8 U.S.C. 
1302(c)) is amended by striking ``subsection (a) and (b)'' and 
inserting ``subsections (a) and (b)''.
    (o) Section 272(a) of the Immigration and Nationality Act (8 U.S.C. 
1322(a)) is amended by striking the comma after ``so afflicted''.
    (p) The first sentence of section 273(b) of the Immigration and 
Nationality Act (8 U.S.C. 1323(b)) is amended by striking ``collector 
of customs'' and inserting ``Commissioner''.
    (q) Section 274B(g)(2)(C) of the Immigration and Nationality Act (8 
U.S.C. 1324b(g)(2)(C)) is amended by striking ``an administrative law 
judge'' and inserting ``the Special Counsel''.
    (r) Section 274C(b) of the Immigration and Nationality Act (8 
U.S.C. 1324c(b)) is amended by striking ``title V'' and all that 
follows through ``3481)'' and inserting ``chapter 224 of title 18, 
United States Code''.
    (s) Section 280(b)(1)(C) of the Immigration and Nationality Act (8 
U.S.C. 1330(b)(1)(C)) is amended by striking ``maintainance'' and 
inserting ``maintenance''.
    (t) Effective as if included in the enactment of Public Law 102-
395, subsection (r) of section 286 of the Immigration and Nationality 
Act (8 U.S.C. 1356), as added by section 112 of such Public Law, is 
amended--
            (1) in the subsection heading, by striking ``Breached Bond/
        Detention Account'' and inserting ``Breached Bond/Detention 
        Fund'';
            (2) in paragraph (1), by striking ``(hereafter referred to 
        as the Fund)'' and inserting ``(in this subsection referred to 
        as the `Fund')'';
            (3) in paragraph (2), by striking ``the Immigration and 
        Nationality Act of 1952, as amended,'' and inserting ``this 
        Act'';
            (4) in paragraphs (4) and (6), by striking ``the Breached 
        Bond/Detention'' each place it appears;
            (5) in paragraph (4), by striking ``of this Act'' and 
        inserting ``of Public Law 102-395''; and
            (6) in paragraph (5), by striking ``account'' and inserting 
        ``Fund''.
    (u) Section 310(b)(5)(A) of the Immigration and Nationality Act (8 
U.S.C. 1421(b)(5)(A)) is amended by striking ``District Court'' and 
inserting ``district court''.
    (v) Effective December 12, 1991, section 313(a)(2) of the 
Immigration and Nationality Act (8 U.S.C. 1424(a)(2)) is amended by 
striking ``and'' before ``(F)'' and inserting ``or''.
    (w) Section 333(b)(1) of the Immigration and Nationality Act (8 
U.S.C. 1444(b)(1)) is amended by striking ``249(a)'' and inserting 
``249''.
    (x) Section 412(e)(7)(D) of the Immigration and Nationality Act (8 
U.S.C. 1522(e)(7)(D)) is amended by striking ``paragraph (1) or (2) 
of''.
    (y) Section 302(c) of the Immigration Act of 1990 is amended by 
striking ``effect'' and inserting ``affect''.
    (z) Effective as if included in the Miscellaneous and Technical 
Immigration and Naturalization Amendments of 1991--
            (1) section 303(a)(7)(B)(i) of such Act is amended by 
        striking ``paragraph (1)(A)'' and inserting ``paragraph 
        (1)(A)(i)'';
            (2) section 304(b)(2) of such Act is amended by striking 
        ``paragraph (1)(B)'' and inserting ``subsection (c)(1)(B)'';
            (3) paragraph (1) of section 305(j) of such Act is repealed 
        (and section 407(d)(16)(C) of the Immigration Act of 1990 shall 
        read as if such paragraph had not been enacted);
            (4) paragraph (2) of section 306(b) of such Act is amended 
        to read as follows:
    ``(2) Section 538(a) of the Immigration Act of 1990 is amended by 
striking the comma after `Service'.'';
            (5) section 307(a)(6) of such Act is amended by striking 
        ``immigrants'' the first place it appears and inserting 
        ``immigrant aliens'';
            (6) section 309(a)(3) of such Act is amended by striking 
        ``paragraph (1) and (2)'' and inserting ``paragraphs (1)(A) and 
        (1)(B)'';
            (7) section 309(b)(6)(F) of such Act is amended by striking 
        ``210(a)(1)(B)(1)(B)'' and inserting ``210(a)(B)(1)(B)'';
            (8) section 309(b)(8) of such Act is amended by striking 
        ``274A(g)'' and inserting ``274A(h)''; and
            (9) section 310 of such Act is amended--
                    (A) by adding ``and'' at the end of paragraph (1);
                    (B) by striking paragraph (2); and
                    (C) by redesignating paragraph (3) as paragraph (2) 
                and by striking ``309(c)'' and inserting ``309(b)''.
    (aa) Effective as if included in section 4 of Public Law 102-110, 
section 161(c)(3) of the Immigration Act of 1990 is amended--
            (1) by striking ``alien described in section 203(a)(3) or 
        203(a)(6) of such Act'' and inserting ``alien admitted for 
        permanent residence as a preference immigrant under section 
        203(a)(3) or 203(a)(6) of such Act (as in effect before such 
        date)''; and
            (2) by striking ``this section'' and inserting ``this 
        title''.
    (bb) Section 599E(c) of the Foreign Operations, Export Financing, 
and Related Programs Appropriations Act, 1990 (Public Law 101-167) is 
amended by striking ``and subparagraphs'' and inserting ``or 
subparagraph''.
    (cc) Section 204(a)(1)(C) of the Immigration Reform and Control Act 
of 1986 is amended by striking ``year 1993 the first place it appears'' 
and inserting ``years 1993''.
    (dd) Except as otherwise specifically provided in this section, the 
amendments made by this section shall be effective as if included in 
the enactment of the Immigration Act of 1990.
    (ee)(1) Section 210A of the Immigration and Nationality Act (8 
U.S.C. 1161) is repealed.
    (2) The table of contents of the Immigration and Nationality Act is 
amended by striking the item relating to section 210A.
    (ff) Section 122 of the Immigration Act of 1990 is amended by 
striking subsection (a).
    (gg) The Copyright Royalty Tribunal Reform Act of 1993 (Public Law 
103-198; 107 Stat. 2304) is amended by striking section 8.
            Attest:






                                                                 Clerk.
                                     

103d CONGRESS

  2d Session

                               H. R. 783

_______________________________________________________________________

                               AMENDMENT

                                   TO

                            SENATE AMENDMENT