[Congressional Record Volume 140, Number 144 (Thursday, October 6, 1994)]
[Senate]
[Page S]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 6, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
   NATIONALITY AND NATURALIZATION AMENDMENTS OF 1994 IMMIGRATION AND 
             NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994

  Mr. FORD. Mr. President, I ask that the Chair lay before the Senate a 
message from the House of Representatives on a bill (H.R. 783) to amend 
title III of the Immigration and Nationality Act to make changes in the 
laws relating to nationality and naturalization.
  The PRESIDING OFFICER laid before the Senate the following message 
from the House of Representatives:
       Resolved, That the House agree to the amendment of the 
     Senate to the bill (H.R. 783) entitled ``An Act to amend 
     title III of the Immigration and Nationality Act to make 
     changes in the laws relating to nationality and 
     naturalization'', with the following amendment:
       In lieu of the matter inserted by said amendment, insert:

     SECTION 1. SHORT TITLE.

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

     SEC. 2. TABLE OF CONTENTS.

       The table of contents of this Act is as follows:

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

                TITLE I--NATIONALITY AND NATURALIZATION

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

          TITLE II--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS

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

                TITLE I--NATIONALITY AND NATURALIZATION

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

       (a) In General.--Section 301 of the Immigration and 
     Nationality Act (8 U.S.C. 1401) is amended--
       (1) by striking the period at the end of paragraph (g) and 
     inserting ``; and'', and
       (2) by adding at the end the following new paragraph:
       ``(h) a person born before noon (Eastern Standard Time) May 
     24, 1934, outside the limits and jurisdiction of the United 
     States of an alien father and a mother who is a citizen of 
     the United States who, prior to the birth of such person, had 
     resided in the United States.''.
       (b) Waiver of Retention Requirements.--Any provision of law 
     (including section 301(b) of the Immigration and Nationality 
     Act (as in effect before October 10, 1978), and the provisos 
     of section 201(g) of the Nationality Act of 1940) that 
     provided for a person's loss of citizenship or nationality if 
     the person failed to come to, or reside or be physically 
     present in, the United States shall not apply in the case of 
     a person claiming United States citizenship based on such 
     person's descent from an individual described in section 
     301(h) of the Immigration and Nationality Act (as added by 
     subsection (a)).
       (c) Retroactive Application.--(1) Except as provided in 
     paragraph (2), the immigration and nationality laws of the 
     United States shall be applied (to persons born before, on, 
     or after the date of the enactment of this Act) as though the 
     amendment made by subsection (a), and subsection (b), had 
     been in effect as of the date of their birth, except that the 
     retroactive application of the amendment and that subsection 
     shall not affect the validity of citizenship of anyone who 
     has obtained citizenship under section 1993 of the Revised 
     Statutes (as in effect before the enactment of the Act of May 
     24, 1934 (48 Stat. 797)).
       (2) The retroactive application of the amendment made by 
     subsection (a), and subsection (b), shall not confer 
     citizenship on, or affect the validity of any 
     denaturalization, deportation, or exclusion action against, 
     any person who is or was excludable from the United States 
     under section 212(a)(3)(E) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(a)(3)(E)) (or predecessor provision) or 
     who was excluded from, or who would not have been eligible 
     for admission to, the United States under the Displaced 
     Persons Act of 1948 or under section 14 of the Refugee Relief 
     Act of 1953.
       (d) Application to Transmission of Citizenship.--This 
     section, the amendments made by this section, and any 
     retroactive application of such amendments shall not effect 
     any residency or other retention requirements for citizenship 
     as in effect before October 10, 1978, with respect to the 
     transmission of citizenship.

     SEC. 102. NATURALIZATION OF CHILDREN ON APPLICATION OF 
                   CITIZEN PARENT.

       (a) In General.--Section 322 of the Immigration and 
     Nationality Act (8 U.S.C. 1433) is amended to read as 
     follows:


``child born outside the united states; application for certificate of 
                        citizenship requirements

       ``Sec. 322. (a) A parent who is a citizen of the United 
     States may apply to the Attorney General for a certificate of 
     citizenship on behalf of a child born outside the United 
     States. The Attorney General shall issue such a certificate 
     of citizenship upon proof to the satisfaction of the Attorney 
     General that the following conditions have been fulfilled:
       ``(1) At least one parent is a citizen of the United 
     States, whether by birth or naturalization.
       ``(2) The child is physically present in the United States 
     pursuant to a lawful admission.
       ``(3) The child is under the age of 18 years and in the 
     legal custody of the citizen parent.
       ``(4) If the citizen parent is an adoptive parent of the 
     child, the child was adopted by the citizen parent before the 
     child reached the age of 16 years and the child meets the 
     requirements for being a child under subparagraph (E) or (F) 
     of section 101(b)(1).
       ``(5) If the citizen parent has not been physically present 
     in the United States or its outlying possessions for a period 
     or periods totaling not less than five years, at least two of 
     which were after attaining the age of fourteen years--
       ``(A) the child is residing permanently in the United 
     States with the citizen parent, pursuant to a lawful 
     admission for permanent residence, or
       ``(B) a citizen parent of the citizen parent has been 
     physically present in the United States or its outlying 
     possessions for a period or periods totaling not less than 
     five years, at least two of which were after attaining the 
     age of fourteen years.
       ``(b) Upon approval of the application (which may be filed 
     abroad) and, except as provided in the last sentence of 
     section 337(a), upon taking and subscribing before an officer 
     of the Service within the United States to the oath of 
     allegiance required by this Act of an applicant for 
     naturalization, the child shall become a citizen of the 
     United States and shall be furnished by the Attorney General 
     with a certificate of citizenship.
       ``(c) Subsection (a) of this section shall apply to the 
     adopted child of a United States citizen adoptive parent if 
     the conditions specified in such subsection have been 
     fulfilled.''.
       (b) Conforming Amendment.--Subsection (c) of section 341 of 
     such Act (8 U.S.C. 1452) is repealed.
       (c) Clerical Amendment.--The item in the table of contents 
     of such Act relating to section 322 is amended to read as 
     follows:

``Sec. 322. Child born outside the United States; application for 
              certificate of citizenship requirements.''.

       (d) Effective Date.--The amendments made by this section 
     shall take effect on the first day of the first month 
     beginning more than 120 days after the date of the enactment 
     of this Act.

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

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

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

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

     SEC. 105. TERMINOLOGY RELATING TO EXPATRIATION.

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

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

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

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

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

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


``CANCELLATION OF UNITED STATES PASSPORTS AND CONSULAR REPORTS OF BIRTH

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

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

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

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

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

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

     SEC. 201. AMERICAN INSTITUTE IN TAIWAN.

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

     SEC. 202. G-4 SPECIAL IMMIGRANTS.

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

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

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

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

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

     SEC. 205. APPLICATIONS FOR VISAS.

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

     SEC. 206. FAMILY UNITY.

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

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

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

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

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

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

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

     SEC. 210. EXTENSION OF VISA WAIVER PILOT PROGRAM.

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

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

       Section 217 of the Immigration and Nationality Act (8 
     U.S.C. 1187) is amended--
       (1) in subsection (a)(2)(B) by inserting before the period 
     ``or is designated as a pilot program country with 
     probationary status under subsection (g)'';
       (2) by adding at the end the following new subsection:
       ``(g) Pilot Program Country With Probationary Status.--
       ``(1) In general.--The Attorney General and the Secretary 
     of State acting jointly may designate any country as a pilot 
     program country with probationary status if it meets the 
     requirements of paragraph (2).
       ``(2) Qualifications.--A country may not be designated as a 
     pilot program country with probationary status unless the 
     following requirements are met:
       ``(A) Nonimmigrant visa refusal rate for previous 2-year 
     period.--The average number of refusals of nonimmigrant 
     visitor visas for nationals of the country during the two 
     previous full fiscal years was less than 3.5 percent of the 
     total number of nonimmigrant visitor visas for nationals of 
     that country which were granted or refused during those 
     years.
       ``(B) Nonimmigrant visa refusal rate for previous year.--
     The number of refusals of nonimmigrant visitor visas for 
     nationals of the country during the previous full fiscal year 
     was less than 3 percent of the total number of nonimmigrant 
     visitor visas for nationals of that country which were 
     granted or refused during that year.
       ``(C) Low exclusions and violations rate for previous 
     year.--The sum of--
       ``(i) the total number of nationals of that country who 
     were excluded from admission or withdrew their application 
     for admission during the preceding fiscal year as a 
     nonimmigrant visitor, and
       ``(ii) the total number of nationals of that country who 
     were admitted as nonimmigrant visitors during the preceding 
     fiscal year and who violated the terms of such admission,

     was less than 1.5 percent of the total number of nationals of 
     that country who applied for admission as nonimmigrant 
     visitors during the preceding fiscal year.
       ``(D) Machine readable passport program.--The government of 
     the country certifies that it has or is in the process of 
     developing a program to issue machine-readable passports to 
     its citizens.
       ``(3) Continuing and subsequent qualifications for pilot 
     program countries with probationary status.--The designation 
     of a country as a pilot program country with probationary 
     status shall terminate if either of the following occurs:
       ``(A) The sum of--
       ``(i) the total number of nationals of that country who 
     were excluded from admission or withdrew their application 
     for admission during the preceding fiscal year as a 
     nonimmigrant visitor, and
       ``(ii) the total number of nationals of that country who 
     were admitted as visitors during the preceding fiscal year 
     and who violated the terms of such admission,

     is more than 2.0 percent of the total number of nationals of 
     that country who applied for admission as nonimmigrant 
     visitors during the preceding fiscal year.
       ``(B) The country is not designated as a pilot program 
     country under subsection (c) within 3 fiscal years of its 
     designation as a pilot program country with probationary 
     status under this subsection.''.
       ``(4) Designation of pilot program countries with 
     probationary status as pilot program countries.--In the case 
     of a country which was a pilot program country with 
     probationary status in the preceding fiscal year, a country 
     may be designated by the Attorney General and the Secretary 
     of State, acting jointly, as a pilot program country under 
     subsection (c) if--
       ``(A) the total of the number of nationals of that country 
     who were excluded from admission or withdrew their 
     application for admission during the preceding fiscal year as 
     a nonimmigrant visitor, and
       ``(B) the total number of nationals of that country who 
     were admitted as nonimmigrant visitors during the preceding 
     fiscal year and who violated the terms of such admission,

     was less than 2 percent of the total number of nationals of 
     that country who applied for admission as nonimmigrant 
     visitors during such preceding fiscal year.''; and
       (3) in subsection (c)(2) by striking ``A country'' and 
     inserting ``Except as provided in subsection (g)(4), a 
     country''.

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

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

     SEC. 213. EXTENSION OF TELEPHONE EMPLOYMENT VERIFICATION 
                   SYSTEM.

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

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

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

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

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

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

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

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

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

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

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

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

       (a) Section 101(a)(27)(J)(i) of the Immigration and 
     Nationality Act (8 U.S.C. 1101(a)(27)(J)(i)) is amended by 
     striking ``and has'' and inserting ``or whom such a court has 
     legally committed to, or placed under the custody of, an 
     agency or department of a State and who has''.
       (b)(1) The second sentence of section 201(b)(2)(A)(i) of 
     the Immigration and Nationality Act (8 U.S.C. 
     1151(b)(2)(A)(i)) is amended by inserting ``(and each child 
     of the alien)'' after ``the alien''.
       (2) The second sentence of section 204(a)(1)(A) of such Act 
     (8 U.S.C. 1154(a)(1)(A)) is amended--
       (A) by inserting ``spouse'' after ``alien'', and
       (B) by inserting ``of the alien (and the alien's 
     children)'' after ``for classification''.
       (c) Section 203(b)(5) of the Immigration and Nationality 
     Act (8 U.S.C. 1153(b)(5)) is amended by striking 
     ``Targetted'', ``targetted'', and ``targetted'' each place 
     each appears and inserting ``Targeted'', ``targeted'', and 
     ``targeted'', respectively.
       (d) Section 210(d)(3) of the Immigration and Nationality 
     Act (8 U.S.C. 1160(d)(3)) is amended by inserting ``the'' 
     before ``Service'' the first place it appears.
       (e) Section 212(d)(11) of the Immigration and Nationality 
     Act (8 U.S.C. 1182(d)(11)) is amended by striking 
     ``voluntary'' and inserting ``voluntarily''.
       (f) Section 258 of the Immigration and Nationality Act (8 
     U.S.C. 1288) is amended in subsection (d)(3)(B) by striking 
     ``subparagraph (A)'' and inserting ``subparagraph (A)(iii)''.
       (g) Section 241(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1251(c)) is amended by striking ``or (3)(A) of 
     subsection 241(a)'' and inserting ``and (3)(A) of subsection 
     (a)''.
       (h) Section 242(h) of the Immigration and Nationality Act 
     (8 U.S.C. 1252(h)) is amended by striking ``Parole,,'' and 
     inserting ``Parole,''.
       (i) Section 242B(c)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1252b(c)(1)) is amended by striking the comma 
     after ``that''.
       (j) Section 244A(c)(2)(A)(iii)(III) of the Immigration and 
     Nationality Act (8 U.S.C. 1254a(c)(2)(A)(iii)(III)) is 
     amended--
       (1) by striking ``Paragraphs'' and inserting 
     ``paragraphs'', and
       (2) by striking ``or (3)(E)'' and inserting ``and (3)(E)''.
       (k) Section 245(h)(2)(B) of the Immigration and Nationality 
     Act (8 U.S.C. 1255(h)(2)(B)) is amended by striking ``or 
     (3)(E)'' and inserting ``and (3)(E)''.
       (l)(1) Subparagraph (C) of section 245A(c)(7) of the 
     Immigration and Nationality Act (8 U.S.C. 1255a(c)(7)), as 
     added by Public Law 102-140, is amended--
       (A) by indenting it 2 additional ems to the right; and
       (B) by striking ``subsection (B)'' and inserting 
     ``subparagraph (B)''.
       (2) Section 610(b) of Public Law 102-140 is amended by 
     striking ``404(b)(2)(ii)'' and ``404(b)(2)(iii)'' and 
     inserting ``404(b)(2)(A)(ii)'' and ``404(b)(2)(A)(iii)'', 
     respectively.
       (m) Effective as of the date of the enactment of this Act, 
     section 246(a) of the Immigration and Nationality Act (8 
     U.S.C. 1256(a)) is amended by striking the first 3 sentences.
       (n) Section 262(c) of the Immigration and Nationality Act 
     (8 U.S.C. 1302(c)) is amended by striking ``subsection (a) 
     and (b)'' and inserting ``subsections (a) and (b)''.
       (o) Section 272(a) of the Immigration and Nationality Act 
     (8 U.S.C. 1322(a)) is amended by striking the comma after 
     ``so afflicted''.
       (p) The first sentence of section 273(b) of the Immigration 
     and Nationality Act (8 U.S.C. 1323(b)) is amended by striking 
     ``collector of customs'' and inserting ``Commissioner''.
       (q) Section 274B(g)(2)(C) of the Immigration and 
     Nationality Act (8 U.S.C. 1324b(g)(2)(C)) is amended by 
     striking ``an administrative law judge'' and inserting ``the 
     Special Counsel''.
       (r) Section 274C(b) of the Immigration and Nationality Act 
     (8 U.S.C. 1324c(b)) is amended by striking ``title V'' and 
     all that follows through ``3481)'' and inserting ``chapter 
     224 of title 18, United States Code''.
       (s) Section 280(b)(1)(C) of the Immigration and Nationality 
     Act (8 U.S.C. 1330(b)(1)(C)) is amended by striking 
     ``maintainance'' and inserting ``maintenance''.
       (t) Effective as if included in the enactment of Public Law 
     102-395, subsection (r) of section 286 of the Immigration and 
     Nationality Act (8 U.S.C. 1356), as added by section 112 of 
     such Public Law, is amended--
       (1) in the subsection heading, by striking ``Breached Bond/
     Detention Account'' and inserting ``Breached Bond/Detention 
     Fund'';
       (2) in paragraph (1), by striking ``(hereafter referred to 
     as the Fund)'' and inserting ``(in this subsection referred 
     to as the `Fund')'';
       (3) in paragraph (2), by striking ``the Immigration and 
     Nationality Act of 1952, as amended,'' and inserting ``this 
     Act'';
       (4) in paragraphs (4) and (6), by striking ``the Breached 
     Bond/Detention'' each place it appears;
       (5) in paragraph (4), by striking ``of this Act'' and 
     inserting ``of Public Law 102-395''; and
       (6) in paragraph (5), by striking ``account'' and inserting 
     ``Fund''.
       (u) Section 310(b)(5)(A) of the Immigration and Nationality 
     Act (8 U.S.C. 1421(b)(5)(A)) is amended by striking 
     ``District Court'' and inserting ``district court''.
       (v) Effective December 12, 1991, section 313(a)(2) of the 
     Immigration and Nationality Act (8 U.S.C. 1424(a)(2)) is 
     amended by striking ``and'' before ``(F)'' and inserting 
     ``or''.
       (w) Section 333(b)(1) of the Immigration and Nationality 
     Act (8 U.S.C. 1444(b)(1)) is amended by striking ``249(a)'' 
     and inserting ``249''.
       (x) Section 412(e)(7)(D) of the Immigration and Nationality 
     Act (8 U.S.C. 1522(e)(7)(D)) is amended by striking 
     ``paragraph (1) or (2) of''.
       (y) Section 302(c) of the Immigration Act of 1990 is 
     amended by striking ``effect'' and inserting ``affect''.
       (z) Effective as if included in the Miscellaneous and 
     Technical Immigration and Naturalization Amendments of 1991--
       (1) section 303(a)(7)(B)(i) of such Act is amended by 
     striking ``paragraph (1)(A)'' and inserting ``paragraph 
     (1)(A)(i)'';
       (2) section 304(b)(2) of such Act is amended by striking 
     ``paragraph (1)(B)'' and inserting ``subsection (c)(1)(B)'';
       (3) paragraph (1) of section 305(j) of such Act is repealed 
     (and section 407(d)(16)(C) of the Immigration Act of 1990 
     shall read as if such paragraph had not been enacted);
       (4) paragraph (2) of section 306(b) of such Act is amended 
     to read as follows:
       ``(2) Section 538(a) of the Immigration Act of 1990 is 
     amended by striking the comma after `Service'.'';
       (5) section 307(a)(6) of such Act is amended by striking 
     ``immigrants'' the first place it appears and inserting 
     ``immigrant aliens'';
       (6) section 309(a)(3) of such Act is amended by striking 
     ``paragraph (1) and (2)'' and inserting ``paragraphs (1)(A) 
     and (1)(B)'';
       (7) section 309(b)(6)(F) of such Act is amended by striking 
     ``210(a)(1)(B)(1)(B)'' and inserting ``210(a)(B)(1)(B)'';
       (8) section 309(b)(8) of such Act is amended by striking 
     ``274A(g)'' and inserting ``274A(h)''; and
       (9) section 310 of such Act is amended--
       (A) by adding ``and'' at the end of paragraph (1);
       (B) by striking paragraph (2); and
       (C) by redesignating paragraph (3) as paragraph (2) and by 
     striking ``309(c)'' and inserting ``309(b)''.
       (aa) Effective as if included in section 4 of Public Law 
     102-110, section 161(c)(3) of the Immigration Act of 1990 is 
     amended--
       (1) by striking ``alien described in section 203(a)(3) or 
     203(a)(6) of such Act'' and inserting ``alien admitted for 
     permanent residence as a preference immigrant under section 
     203(a)(3) or 203(a)(6) of such Act (as in effect before such 
     date)''; and
       (2) by striking ``this section'' and inserting ``this 
     title''.
       (bb) Section 599E(c) of the Foreign Operations, Export 
     Financing, and Related Programs Appropriations Act, 1990 
     (Public Law 101-167) is amended by striking ``and 
     subparagraphs'' and inserting ``or subparagraph''.
       (cc) Section 204(a)(1)(C) of the Immigration Reform and 
     Control Act of 1986 is amended by striking ``year 1993 the 
     first place it appears'' and inserting ``years 1993''.
       (dd) Except as otherwise specifically provided in this 
     section, the amendments made by this section shall be 
     effective as if included in the enactment of the Immigration 
     Act of 1990.
       (ee)(1) Section 210A of the Immigration and Nationality Act 
     (8 U.S.C. 1161) is repealed.
       (2) The table of contents of the Immigration and 
     Nationality Act is amended by striking the item relating to 
     section 210A.
       (ff) Section 122 of the Immigration Act of 1990 is amended 
     by striking subsection (a).
       (gg) The Copyright Royalty Tribunal Reform Act of 1993 
     (Public Law 103-198; 107 Stat. 2304) is amended by striking 
     section 8.
  Mr. FORD. Mr. President, I move the Senate concur in the amendment of 
the House with further amendments which I now send to the desk en bloc, 
on behalf of Senators Simpson, Simon, and Brown.
  The motion was agreed to.
  The amendment en bloc (Nos. 2626, 2627, 2628) are as follows:


                           Amendment No. 2626

   (Purpose: To waive the foreign country residence requirement with 
              respect to international medical graduates)

       At the end of the matter proposed to be inserted by the 
     House amendment, add the following:

     SEC. ____. 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.


                           amendment no. 2627

  (Purpose: To ensure that the President of the Republic of China on 
        Taiwan can enter the United States on certain occasions)

       At the appropriate place in the bill, add the following new 
     section--

     ``SEC.   . 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:
       (i) Trade or business with Taiwan that will reduce the 
     U.S.-Taiwan trade deficit;
       (ii) Prevention of nuclear proliferation;
       (iii) Threats to the national security of the United 
     States;
       (iv) The protection of the global environment;
       (v) The protection of endangered species; or
       (iv) 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.''.


                             amendment 2628

   (Purpose: To add provisions relating to the treatment of criminal 
       aliens under the immigrational laws of the United States)

       Proposed by Mr. Ford for Mr. Simpson.
       At the end of the matter proposed to be inserted by the 
     House amendment, add the following:

     SEC. ____. 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 suspension 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. ____. 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. ____. 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. ____. 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.
  Mr. FORD. Mr. President, I ask unanimous consent that the amendments 
be agreed to en bloc and the motion to reconsider be laid upon the 
table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendments en bloc (Nos. 2626, 2627, 2628) were agreed to.

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