[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.