[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 783 Enrolled Bill (ENR)]
H.R.783
One Hundred Third Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Tuesday,
the twenty-fifth day of January, one thousand nine hundred and ninety-
four
An Act
To amend title III of the Immigration and Nationality Act to make
changes in the laws relating to nationality and naturalization.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
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.
Sec. 220. Waiver of foreign country residence requirement with respect
to international medical graduates.
Sec. 221. Visas for officials of Taiwan.
Sec. 222. Expansion of definition of aggravated felony.
Sec. 223. Summary deportation.
Sec. 224. Judicial deportation.
Sec. 225. Construction of expedited deportation requirements.
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 totaling 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 $3,000'' 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
prescribed 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 pre-P ceding
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 CON-P CERNING
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 (Public
Law 101-649; 104 Stat. 4978) as amended by section 303(b)(1) of the
Miscellaneous and Technical Immigration and Naturalization Amendments
of 1991 (Public 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.
SEC. 220. WAIVER OF FOREIGN COUNTRY RESIDENCE REQUIREMENT WITH
RESPECT TO INTERNATIONAL MEDICAL GRADUATES.
(a) Waiver.--Section 212(e) of the Immigration and Nationality Act
(8 U.S.C. 1182(e)) is amended--
(1) in the first proviso by inserting ``(or, in the case of an
alien described in clause (iii), pursuant to the request of a State
Department of Public Health, or its equivalent)'' after
``interested United States Government agency''; and
(2) by inserting after ``public interest'' the following:
``except that in the case of a waiver requested by a State
Department of Public Health, or its equivalent the waiver shall be
subject to the requirements of section 214(k)''.
(b) Restrictions on Waiver.--Section 214 of such Act (8 U.S.C.
1184) is amended by adding at the end the following:
``(k)(1) In the case of a request by an interested State agency for
a waiver of the two-year foreign residence requirement under section
212(e) with respect to an alien described in clause (iii) of that
section, the Attorney General shall not grant such waiver unless--
``(A) in the case of an alien who is otherwise contractually
obligated to return to a foreign country, the government of such
country furnishes the Director of the United States Information
Agency with a statement in writing that it has no objection to such
waiver;
``(B) the alien demonstrates a bona fide offer of full-time
employment at a health facility and agrees to begin employment at
such facility within 90 days of receiving such waiver and agrees to
continue to work in accordance with paragraph (2) at the health
care facility in which the alien is employed for a total of not
less than 3 years (unless the Attorney General determines that
extenuating circumstances such as the closure of the facility or
hardship to the alien would justify a lesser period of time);
``(C) the alien agrees to practice medicine in accordance with
paragraph (2) for a total of not less than 3 years only in the
geographic area or areas which are designated by the Secretary of
Health and Human Services as having a shortage of health care
professionals; and
``(D) the grant of such waiver would not cause the number of
waivers allotted for that State for that fiscal year to exceed
twenty.
``(2)(A) Notwithstanding section 248(2), the Attorney General may
change the status of an alien that qualifies under this subsection and
section 212(e) to that of an alien described in section
101(a)(15)(H)(i)(b).
``(B) No person who has obtained a change of status under
subparagraph (A) and who has failed to fulfill the terms of a contract
with a health facility shall be eligible to apply for an immigrant
visa, for permanent residence, or for any other change of nonimmigrant
status until it is established that such person has resided and been
physically present in the country of his nationality or his last
residence for an aggregate of at least two years following departure
from the United States.
``(3) Notwithstanding any other provision of this subsection, the
two-year foreign residence requirement under section 212(e) shall apply
with respect to an alien described in clause (iii) of that section, who
has not otherwise been accorded status under section 101(a)(27)(H), if
at any time the alien practices medicine in an area other than an area
described in paragraph (1)(C).''.
(c) Effective Date.--The amendments made by this section shall
apply to aliens admitted to the United States under section
101(a)(15)(J) of the Immigration and Nationality Act, or acquiring such
status after admission to the United States, before, on, or after the
date of enactment of this Act and before June 1, 1996.
SEC. 221. VISAS FOR OFFICIALS OF TAIWAN.
Whenever the President of Taiwan or any other high-level official
of Taiwan shall apply to visit the United States for the purposes of
discussions with United States Federal or State government officials
concerning--
(1) trade or business with Taiwan that will reduce the United
States-Taiwan trade deficit;
(2) prevention of nuclear proliferation;
(3) threats to the national security of the United States;
(4) the protection of the global environment;
(5) the protection of endangered species; or
(6) regional humanitarian disasters.
The official shall be admitted to the United States, unless the
official is otherwise excludable under the immigration laws of the
United States.
SEC. 222. EXPANSION OF DEFINITION OF AGGRAVATED FELONY.
(a) Expansion of Definition.--Section 101(a)(43) of the Immigration
and Nationality Act (8 U.S.C. 1101(a)(43)) is amended to read as
follows:
``(43) The term `aggravated felony' means--
``(A) murder;
``(B) illicit trafficking in a controlled substance (as
defined in section 102 of the Controlled Substances Act),
including a drug trafficking crime (as defined in section
924(c) of title 18, United States Code);
``(C) illicit trafficking in firearms or destructive
devices (as defined in section 921 of title 18, United States
Code) or in explosive materials (as defined in section 841(c)
of that title);
``(D) an offense described in section 1956 of title 18,
United States Code (relating to laundering of monetary
instruments) or section 1957 of that title (relating to
engaging in monetary transactions in property derived from
specific unlawful activity) if the amount of the funds exceeded
$100,000;
``(E) an offense described in--
``(i) section 842 (h) or (i) of title 18, United States
Code, or section 844 (d), (e), (f), (g), (h), or (i) of
that title (relating to explosive materials offenses);
``(ii) section 922(g) (1), (2), (3), (4), or (5), (j),
(n), (o), (p), or (r) or 924 (b) or (h) of title 18, United
States Code (relating to firearms offenses); or
``(iii) section 5861 of the Internal Revenue Code of
1986 (relating to firearms offenses);
``(F) a crime of violence (as defined in section 16 of
title 18, United States Code, but not including a purely
political offense) for which the term of imprisonment imposed
(regardless of any suspension of imprisonment) is at least 5
years;
``(G) a theft offense (including receipt of stolen
property) or burglary offense for which the term of
imprisonment imposed (regardless of any suspension of such
imprisonment) is at least 5 years;
``(H) an offense described in section 875, 876, 877, or
1202 of title 18, United States Code (relating to the demand
for or receipt of ransom);
``(I) an offense described in section 2251, 2251A, or 2252
of title 18, United States Code (relating to child
pornography);
``(J) an offense described in section 1962 of title 18,
United States Code (relating to racketeer influenced corrupt
organizations) for which a sentence of 5 years' imprisonment or
more may be imposed;
``(K) an offense that--
``(i) relates to the owning, controlling, managing, or
supervising of a prostitution business; or
``(ii) is described in section 1581, 1582, 1583, 1584,
1585, or 1588, of title 18, United States Code (relating to
peonage, slavery, and involuntary servitude);
``(L) an offense described in--
``(i) section 793 (relating to gathering or
transmitting national defense information), 798 (relating
to disclosure of classified information), 2153 (relating to
sabotage) or 2381 or 2382 (relating to treason) of title
18, United States Code; or
``(ii) section 601 of the National Security Act of 1947
(50 U.S.C. 421) (relating to protecting the identity of
undercover intelligence agents);
``(M) an offense that--
``(i) involves fraud or deceit in which the loss to the
victim or victims exceeds $200,000; or
``(ii) is described in section 7201 of the Internal
Revenue Code of 1986 (relating to tax evasion) in which the
revenue loss to the Government exceeds $200,000;
``(N) an offense described in section 274(a)(1) of title
18, United States Code (relating to alien smuggling) for the
purpose of commercial advantage;
``(O) an offense described in section 1546(a) of title 18,
United States Code (relating to document fraud) which
constitutes trafficking in the documents described in such
section for which the term of imprisonment imposed (regardless
of any suspicion of such imprisonment) is at least 5 years;
``(P) an offense relating to a failure to appear by a
defendant for service of sentence if the underlying offense is
punishable by imprisonment for a term of 15 years or more; and
``(Q) an attempt or conspiracy to commit an offense
described in this paragraph.
The term applies to an offense described in this paragraph whether
in violation of Federal or State law and applies to such an offense
in violation of the law of a foreign country for which the term of
imprisonment was completed within the previous 15 years.''.
(b) Effective Date.--The amendments made by this section shall
apply to convictions entered on or after the date of enactment of this
Act.
SEC. 223. SUMMARY DEPORTATION.
(a) Expedited Procedures.--Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended--
(1) in subsection (b)(4)(D), by striking ``the determination of
deportability is supported by clear, convincing, and unequivocal
evidence and''; and
(2) in subsection (b)(4)(E), by striking ``entered'' and
inserting ``adjudicated''.
(b) Technical Correction.--Section 106(d)(1)(D) of the Immigration
and Nationality Act (8 U.S.C. 1105a) is amended by striking
``242A(b)(5)'' and inserting ``242A(b)(4)''.
SEC. 224. JUDICIAL DEPORTATION.
(a) Judicial Deportation.--Section 242A of the Immigration and
Nationality Act (8 U.S.C. 1252a) is amended by adding at the end the
following new subsection:
``(d) Judicial Deportation.--
``(1) Authority.--Notwithstanding any other provision of this
Act, a United States district court shall have jurisdiction to
enter a judicial order of deportation at the time of sentencing
against an alien whose criminal conviction causes such alien to be
deportable under section 241(a)(2)(A), if such an order has been
requested by the United States Attorney with the concurrence of the
Commissioner and if the court chooses to exercise such
jurisdiction.
``(2) Procedure.--
``(A) The United States Attorney shall file with the United
States district court, and serve upon the defendant and the
Service, prior to commencement of the trial or entry of a
guilty plea a notice of intent to request judicial deportation.
``(B) Notwithstanding section 242B, the United States
Attorney, with the concurrence of the Commissioner, shall file
at least 30 days prior to the date set for sentencing a charge
containing factual allegations regarding the alienage of the
defendant and identifying the crime or crimes which make the
defendant deportable under section 241(a)(2)(A).
``(C) If the court determines that the defendant has
presented substantial evidence to establish prima facie
eligibility for relief from deportation under this Act, the
Commissioner shall provide the court with a recommendation and
report regarding the alien's eligibility for relief. The court
shall either grant or deny the relief sought.
``(D)(i) The alien shall have a reasonable opportunity to
examine the evidence against him or her, to present evidence on
his or her own behalf, and to cross-examine witnesses presented
by the Government.
``(ii) The court, for the purposes of determining whether
to enter an order described in paragraph (1), shall only
consider evidence that would be admissible in proceedings
conducted pursuant to section 242(b).
``(iii) Nothing in this subsection shall limit the
information a court of the United States may receive or
consider for the purposes of imposing an appropriate sentence.
``(iv) The court may order the alien deported if the
Attorney General demonstrates that the alien is deportable
under this Act.
``(3) Notice, appeal, and execution of judicial order of
deportation.--
``(A)(i) A judicial order of deportation or denial of such
order may be appealed by either party to the court of appeals
for the circuit in which the district court is located.
``(ii) Except as provided in clause (iii), such appeal
shall be considered consistent with the requirements described
in section 106.
``(iii) Upon execution by the defendant of a valid waiver
of the right to appeal the conviction on which the order of
deportation is based, the expiration of the period described in
section 106(a)(1), or the final dismissal of an appeal from
such conviction, the order of deportation shall become final
and shall be executed at the end of the prison term in
accordance with the terms of the order. If the conviction is
reversed on direct appeal, the order entered pursuant to this
section shall be void.
``(B) As soon as is practicable after entry of a judicial
order of deportation, the Commissioner shall provide the
defendant with written notice of the order of deportation,
which shall designate the defendant's country of choice for
deportation and any alternate country pursuant to section
243(a).
``(4) Denial of judicial order.--Denial without a decision on
the merits of a request for a judicial order of deportation shall
not preclude the Attorney General from initiating deportation
proceedings pursuant to section 242 upon the same ground of
deportability or upon any other ground of deportability provided
under section 241(a).''.
(b) Technical Amendment.--The ninth sentence of section 242(b) of
the Immigration and Nationality Act (8 U.S.C. 1252(b)) is amended by
striking ``The'' and inserting ``Except as provided in section 242A(d),
the''.
(c) Effective Date.--The amendments made by this section shall
apply to all aliens whose adjudication of guilt or guilty plea is
entered in the record after the date of enactment of this Act.
SEC. 225. CONSTRUCTION OF EXPEDITED DEPORTATION REQUIREMENTS.
No amendment made by this Act and nothing in section 242(i) of the
Immigration and Nationality Act (8 U.S.C. 1252(i)) shall be construed
to create any substantive or procedural right or benefit that is
legally enforceable by any party against the United States or its
agencies or officers or any other person.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.