[Congressional Record Volume 140, Number 145 (Friday, October 7, 1994)]
[House]
[Page H]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]


[Congressional Record: October 7, 1994]
From the Congressional Record Online via GPO Access [wais.access.gpo.gov]

 
          NATIONALITY AND NATURALIZA- TION AMENDMENTS OF 1993

  Mr. BROOKS. Mr. Speaker, I ask unanimous consent to take from the 
Speaker's table the 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, with Senate amendments to the House 
amendment thereto, and concur in the Senate amendments to the House 
amendment.
  The Clerk read the title of the bill.
  The text of the Senate amendments to the House amendment to the 
Senate amendment is as follows:

       Senate amendments to House amendment:
       Page 36, after line 19 of the House engrossed amendment, 
     insert:

     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) (1) Not withstanding 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 reside 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.
       Page 36, after line 19 of the House engrossed amendment, 
     insert:

     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:
       (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.
       Page 36, after line 19 of the House engrossed amendment, 
     insert;

     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 material (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 exceed 
     $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) of (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 influence 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 alienate 
     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 242Aj(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.

  The SPEAKER pro tempore (Mr. SHARP). Is there objection to the 
request of the gentleman from Texas?
  Mr. FISH. Mr. Speaker, reserving the right to object, I do believe 
when we are dealing with unanimous consent requests, it is very, very 
important that Members hear the discussion.
  I have asked for the reservation in order to inquire of the chairman 
of the full Committee or the chairman of the Subcommittee on 
International Law, Immigration, and Refugees if they could tell us what 
the bill, as it has come over from the Senate, H.R. 783, what is 
different from the bill that passed this House unanimously last week.
  Mr. Speaker, under my reservation of objection, I yield to the 
gentleman from Texas [Mr. Brooks].
  Mr. BROOKS. Mr. Speaker, H.R. 783 provides improvements to the 
immigration laws and those relating to naturalization and citizenship. 
H.R. 783 last passed the House on September 20, 1994, and was amended 
by the Senate last evening.
  The Senate amendment maintains the House-passed language, with the 
addition of several items. First, it expands the list of crimes that 
are considered ``aggravated felonies'' for immigration purposes. 
Second, it authorizes Federal judges to enter deportation orders at the 
same time that criminal aliens are sentenced in Federal court, Third, 
it clarifies that the first two provisions and the requirement in 
current law of speedy deportation for criminal aliens do not create 
enforcement rights against the United States. Fourth, it allows State 
health agencies to ask the Attorney General to permit foreign doctors 
in the United States on temporary visas to remain here permanently if 
they agree to practice in areas with shortages of medical personnel. 
This authorization sunsets in 2 years. Finally, it addresses the grant 
of temporary visas to high-level Taiwanese officials.
  Mr. FISH. Mr. Speaker, further reserving the right to object, can the 
gentleman from Texas, chairman of the full committee, assure the House 
that no private relief legislation has been added to this bill by the 
other body?
  Mr. BROOKS. Mr. Speaker, if the gentleman will continue to yield, 
none.
  Mr. FISH. Mr. Speaker, that is pretty emphatic.
  Mr. Speaker, further reserving the right to object, I yield to the 
gentleman from Kentucky [Mr. Mazzoli].
  Mr. MAZZOLI. Mr. Speaker, I have been consulting with the gentleman 
from New York and the gentleman from Texas, our chairman, and with 
other Members in the other body concerning these amendments that were 
added to the House-passed version of the bill. I join with the chairman 
from Texas in saying, I think that they are not objectionable. Of 
course, the underlying bill has in it may things which came out of our 
committee.
  The gentleman from Florida [Mr. McCollum] and I, as chairman and 
ranking member of the subcommittee, worked very hard to produce a good 
bill. The basic bill, the big bulk of this bill is exactly what the 
gentleman from Florida and I put together.
  So I rise in very strong support of this bill and hope that the body 
will approve it.
  Mr. FISH. Mr. Speaker, further reserving the right to object, I yield 
to the gentleman from Florida [Mr. McCollum] ranking member.
  Mr. McCOLLUM. Mr. Speaker, I thank the gentleman from New York [Mr. 
Fish] for yielding to me.
  I just want to comment that I agree with the gentleman from Kentucky 
that this does not do anything untoward. The Senate amendments are all 
positive. In fact, one of the Senate amendments makes a major stride 
toward expediting the deportation of criminal aliens, which is 
something that has been long overdue, something we on this side tried 
very hard to get in the crime bill.
  Granted, this is not 100 percent of what we would like to have seen. 
It goes a good deal of the distance the way it should. So it is a very 
positive addition.
  The others are very technical in nature. Frankly the underlying bill 
contains the extension of the visa waiver provision, which is the main 
thrust of that that came out of here on the floor a week or so ago. And 
it passed.
  We would certainly encourage the passing of this bill tonight.
  Mr. FISH. Mr. Speaker, further reserving the right to object, I yield 
to the gentleman, Mr. Rogers.
  Mr. ROGERS. Mr. Speaker, I thank the gentleman for yielding to me.
  I rise for a somewhat extraneous matter but related in many ways to 
the matter before us. Tonight is the last night we have the good 
fortune of serving with the dean of the Kentucky delegation now, who 
has been a spokesman for many years on this very topic. I know that all 
of my colleagues in this room join with me when I say, thank you, Rom 
Mazolli, for the tremendous service you have given to our Nation and to 
this body and to this topic.
  Rom, thank you for your service.

                              {time}  1800

  Mr. FISH. Mr. Speaker, further reserving the right to object, I yield 
to the gentleman from Florida [Mr. McCollum].


            Tribute to hamilton fish, jr., on his retirement

  Mr. McCOLLUM. Mr. Speaker, I thank the gentleman for yielding.
  Mr. Speaker, I cannot help but note that while we have just honored 
the gentleman from Kentucky [Rom Mazzoli] a good gentleman with whom I 
have served a long time, who is having his last night with us, the same 
is true of the gentleman from New York [Mr. Fish]. This is his last 
night with us. I think it is only fitting that with all the time he has 
put in with immigration as well as many other things, that at the same 
time we honor the gentleman from Kentucky [Mr. Mazzoli] we also honor 
the gentleman from New York [Mr. Fish]. I would suggest a round of 
applause for Ham Fish.
  Mr. McCLOSKEY. Mr. Speaker, I rise in strong support of H.R. 783, 
particularly as it applies to giving equal rights to Irish visitors, 
similar to visa-receiving visitors from other countries. It is very 
important legislation, and particularly the gentleman from Kentucky 
[Mr. Mazzoli] was outstanding in his support and leadership on this.
  Mr. Speaker, I rise in strong support of the conference report on 
H.R. 783, the Nationality and Naturalization Amendments of 1994. On 
September 20, 1994, the House gave its overwhelming support to H.R. 
783, legislation to reauthorize and reform the Visa Waiver Pilot 
Program while implementing much needed reforms. The Visa Waiver Program 
enables tourists and business travelers from specified countries to 
come to the United States without first having to obtain a nonimmigrant 
visa. Current eligibility standards are overly restrictive and hinge 
largely on nonimmigrant visa refusal rates--a standard which fails to 
operate in the best interest of the United States or of the countries 
which are denied participation.
  The shortcomings of the eligibility criteria came to my attention in 
my role as chairman of the Friends of Ireland Committee. The fact that 
Ireland has been excluded from participation best illustrates the 
current program's shortcomings. Ireland is one of only three Western 
European countries excluded from the Visa Waiver Program, even though 
Ireland has demonstrated exemplary overstay rates and steadily 
declining refusal rates during the last 3 years. Additionally, while 
Irish citizens are denied inclusion, citizens from Northern Ireland are 
able to fully participate in the pilot program.
  H.R. 783 will incorporate the overstay rate as a factor in 
determining eligibility for probationary status in the Visa Waiver 
Program. The overstay rate is a critical element because it 
demonstrates how many nationals of a particular country actually 
violated the terms of their stay in the United States. I would like to 
commend Chairman Rom Mazzoli and Bill McCollum, the distinguished 
ranking member of the subcommittee, for their leadership on this issue 
and for incorporating this reform into H.R. 783. It is a commonsense 
approach which enjoys broad bipartisan support.
  The Visa Waiver Pilot Program has proven its worth over the years by 
generating good will toward many of our neighbors overseas and 
generating tourist dollars for our economy. This legislation has been 
designated as a high priority by the Irish Government and the Friends 
of Ireland Committee. Foreign tourism brought $74 billion into the U.S. 
economy last year and provided nearly 900,000 jobs for American 
workers. Today's vote can extend these benefits. I urge my colleagues 
to vote in favor of H.R. 783.
  Mr. MAZZOLI. Mr. Speaker, I rise in strong support of H.R. 783, as 
amended, the ``Immigration and Nationality Technical Corrections Act of 
1994.''
  H.R. 783 originally passed the House by voice vote on November 20, 
1993. It consisted of five sections, all of which dealt with 
naturalization and citizenship. The bill also passed the Senate by 
voice vote on that day, but the Senate added a number of new sections 
to the original five.
  Then, on September 20, 1994, the House concurred with the Senate 
amendment, and added an amendment. Last night the Senate accepted our 
version of the bill, as passed on September 20, in its totality, but 
added additional provisions concerning criminal aliens, foreign 
doctors, and diplomatic visas. The Senate amendment makes some needed 
changes in the law regarding criminal aliens.
  First, the Senate amendment expands the definition of aggravated 
felony. Under current law, if an alien commits an aggravated felony the 
consequences are far reaching because such an alien is not eligible for 
most forms of discretionary relief from deportation.
  Under current law, aggravated felony is defined as a felony involving 
murder, drug trafficking, trafficking in firearms, money laundering, or 
any crime of violence for which the term of imprisonment is at least 5 
years.
  The Senate amendment expands the definition of aggravated felony to 
include other violent crimes, immigration related crimes such as alien 
smuggling, specified white collar crimes and various other extremely 
serious crimes. A similar provision was included in a bill, H.R. 1459, 
introduced by the ranking member of the subcommittee, Mr. McCollum.
  Second, the Senate amendment establishes a judicial deportation 
mechanism which would give the U.S. district courts the authority to 
enter judicial orders of deportation when they sentence a deportable 
alien who has been convicted of a crime. This provision will alleviate 
resource problems at INS and result in more criminal aliens being 
deported. Again, a similar provision was included in the bill, H.R. 
1459, introduced by the ranking member, Mr. MCcCollum.
  Mr. Speaker, the Subcommittee on International Law, Immigration and 
Refugees, which I Chair, held hearings on criminal aliens on February 
23, 1994 and it was clear from that hearing that INS and the Congress 
have much more work to do in this area. We heard from a long line of 
witnesses, including 10 Members of Congress, who testified as to ways 
in which we could do a better job of deporting criminal aliens form the 
United States.
  The Senate also included a new provision that requires the Secretary 
of State to extend to the President of Taiwan, and other high-ranking 
officials of that nation, the same courtesies extended to every other 
nation in the world in terms of their right to receive a visa to enter 
the United States to discuss matters relating to their relations with 
the United States.
  Three times this summer the Senate has attached amendments to 
appropriations bills that would require our Government to issue visas 
to such Taiwanese officials. Each time, the amendments were dropped due 
to State Department opposition, but I am now told that the State 
Department, having worked with the Senate to refine the language, no 
longer objects to the provision. This provision would not allow a 
Taiwanese official who is excludable from the United States to receive 
a visa.
  In addition, Senator Conrad sponsored a provision which creates a 
much needed avenue through which States can petition to bring 
physicians into areas which otherwise would have little or no health 
care available to the community.
  A doctor sponsored under this amendment would adjust to a 
nonimmigrant visa and must practice medicine for at least 3 years in a 
location which HHS has designated as being medically underserved. If a 
doctor does not complete the 3 years, he or she would be excluded from 
receiving any other visa into the United States for 2 years.
  The program is limited to 1,000 nonimmigrant visas per year and has a 
2-year sunset. Foreign medical graduates receiving waivers would be 
eligible to adjust status without departing the United States.
  H.R. 783 still contains the five core provisions regarding 
naturalization and citizenship that were in the original House-passed 
version of H.R. 783. These provisions correct problems in current 
immigration law that impose unnecessary burdens on persons who wish to 
become citizens and on the transmission of citizenship from parent to 
child.
  One of the provisions corrects a problem in law dating from 1934. 
Prior to 1934, only U.S. citizen men could confer citizenship on 
children born outside the United States. The child of a U.S. citizen 
father and a noncitizen mother was a U.S. citizen. The child of a U.S. 
citizen mother and noncitizen father was not a U.S. citizen.
  In 1934, Congress revised that clearly discriminatory rule. However, 
the 1934 Act was not made retroactive. Thus, persons born abroad before 
1934 to U.S. citizen mothers and alien fathers are not citizens of the 
United States. H.R. 783 corrects this inequity, but does so while 
expressly prohibiting the conferral of citizenship to anyone who 
assisted in the Nazi persecutions.
  H.R. 783 also enables children of U.S. citizens who live and work 
abroad for long periods of time to receive U.S. citizenship. Under 
current law, U.S. citizen parents are forced to decide between quitting 
their jobs and returning to the United States or denying their children 
U.S. citizenship.
  The bill requires, with regard to the U.S. history and government 
knowledge portions of the naturalization test, that the Attorney 
General publish regulations that recognize the special needs and 
equities of persons over 65 who have been permanent residents for at 
least 20 years.
  The bill also provides a general waiver of all testing requirements 
for persons of any age who, because of ``physical or developmental 
disability or mental impairment,'' could not reasonably be expected to 
pass the test.
  H.R. 783 allows an individual who lost U.S. citizenship because of 
failure to meet the retention requirements of the law as they existed 
prior to repeal in 1978, to regain such citizenship upon application to 
the Attorney General and upon taking the oath of allegiance, provided 
such person meets the requirements of existing law.
  An extremely important provision in this bill is section 210, which 
extends the Visa Waiver Pilot Program for 2 years. The Visa Waiver 
Program allows visitors for business or pleasure from qualified foreign 
countries to enter the United States for up to 90 days without first 
having to obtain a visa from a U.S. consular officer abroad; 22 
countries now satisfy these standards and are participating in the 
program. They are France, Germany, Italy, Japan, Brunei, Great Britain, 
Holland, Sweden, Switzerland, Andorra, Austria, Belgium, Denmark, 
Finland, Iceland, Liechtenstein, Luxembourg, Monaco, New Zealand, 
Norway, San Marino, and Spain.
  In general, for its nationals to qualify for visa waiver, a foreign 
country must have a low rate of visa refusal, averaging less than 2 
percent during the 2 previous fiscal years and less than 2.5 percent 
during any 1 fiscal year. In addition, the Attorney General must 
determine that a country's inclusion would not damage U.S. law 
enforcement interests. To stay in the program nationals from the 
country must have low rates of visa violations, specifically below 2 
percent.
  Visa waiver was first enacted by Congress in 1983 as part of a 3-year 
pilot program. In 1990, after it had proven successful, Congress 
extended the program until September 30, 1994. Thus, at this point the 
program is officially expired and will remain so unless we pass this 
bill.
  The travel and tourism industries as well as officials from both the 
Bush and Clinton administrations have strongly urged the subcommittee 
to extend the program.
  In addition to extending the program, H.R. 783 provides that 
countries whose rates are low, but not quite low enough to qualify 
under current law, could qualify for visa waiver on a probationary 
basis. Specifically, a country would qualify if its refusal rate was 
less than 3.5 percent for 2 fiscal years and less than 3 percent during 
the previous fiscal year.
  H.R. 783 also reauthorizes appropriations for the Refugee 
Resettlement Program for 3 years.
  Mr. MINETA. Mr. Speaker, I rise today in strong support of H.R. 783, 
the Immigration and Nationality Technical Corrections Act.
  This is a vital piece of legislation, and I am very pleased to see us 
bringing it to resolution before adjournment.
  First and foremost, Mr. Speaker, this legislation will extend for 2 
years the visa waiver pilot program under which more than 9 million 
international tourists and business people per year travel to the 
United States.
  The visa waiver program, under which the United States has signed 
cooperative agreements with 20 western European nations, Japan, and New 
Zealand, is a crucial boost to the American travel and tourism 
industry, and a failure to extend this program could have meant 
substantial disruption to our tourism-based sectors of our economy.
  Thankfully, due to the leadership of the chairman of the 
subcommittee, Mr. Mazzoli, and with the assistance of the minority here 
in the House, this legislation is before us today.
  In addition, Mr. Speaker, H.R. 783 will clarify a provision of 
immigration law dealing with stowaways on international aircraft under 
which this Nation's airlines have suffered a severe and undue burden 
for many years.
  As Chair of the Committee on Public Works and Transportation, I 
applaud and strongly endorse this reform.
  Mr. Speaker, there are a number of other provisions of this bill 
which are of major importance to me, as well.
  H.R. 783 contains my H.R. 283, the Equity in Citizenship Act, 
legislation designed to remove one of the last remaining vestiges of 
discrimination against women in our immigration code.
  This legislation, which appears as section 201 of H.R. 783, would 
grant U.S. citizenship to the children of American mothers who have 
been denied that citizenship because they were born before 1934.
  This discriminatory provision of our immigration laws is continuing 
to affect people today--people who by all rights should be American 
citizens. H.R. 783 will finally grant them the citizenship that should 
always have been theirs by right.
  The bill will also ease the availability of the knowledge of English 
language and American Government requirement for older, long-term 
permanent residents. This humanitarian provision was authored by my 
good friend, Congressman Barney Frank, and will be a tremendous benefit 
to Asian-Pacific American immigrants who are eager to declare their 
loyalty to this, their adopted country, by taking the oath of 
citizenship.
  H.R. 783 will also:
  Reauthorize current programs for refugee assistance, under which 
States receive roughly $400 million in fiscal year 1995. This 
reauthorization represents an affirmation of the Federal Government's 
commitment to helping State and local governments deal with the 
pressing humanitarian, health and economic needs of the refugees in 
their communities.
  Streamline the procedures to obtain American citizenship for children 
adopted by American parents living abroad.
  Extend the special immigration status for religious workers.
  Extend the off-campus work authorization for foreign students 
studying the United States.
  And, under language adopted in the other body, establish a new visa 
category allowing foreign students graduating from American medical 
schools to remain in this country if they agree to practice in areas 
with a shortage of health professionals.
  All of these provisions are worthy of our support, and I 
wholeheartedly endorse the bill.
  Finally, Mr. Speaker, I would like to salute the gentleman from 
Kentucky, my good friend, Congressman Rom Mazzoli. This is the last 
bill he will do prior to his retirement, and I believe that all of us 
owe him a debt of gratitude for his leadership and his dedication on 
issues relating to immigration.
  There is probably no more difficult issue to manage in the Congress 
these days, but the gentleman from Oklahoma has shown an extraordinary 
care to ensure that the bills that come out of this subcommittee are 
calmly and well-reasoned, are balanced and fair, and show true concern 
for the people whose lives and livelihoods are often at stake in these 
debates.
  For that work, and for all of his service to this Nation, I would 
like to thank him. He will be sorely missed in the Congress.
  Once again, Mr. Speaker, I would like to reiterate my support for 
H.R. 783, and urge my colleagues to join me in sending it on to the 
President.
  Mr. McCLOSKEY. I rise in strong support of H.R. 783, the nationality 
and naturalization amendments of 1994. On September 20, 1994, the House 
gave its overwhelming support to H.R. 783, which the Senate has 
amended. This legislation would reauthorize and reform the Visa Waiver 
Pilot Program while implementing much needed reforms. The Visa Waiver 
Program enables tourists and business travelers from specified 
countries to come to the United States without first having to obtain a 
nonimmigrant visa. Current eligibility standards are overly restrictive 
and hinge largely on nonimmigrant visa refusal rates--a 
standard which fails to operate in the best interest of the United 
States or of the countries which are denied participation.
  The shortcomings of the eligibility criteria came to my attention in 
my role as chairman of the Friends of Ireland Committee. The fact that 
Ireland has been excluded from participation best illustrates the 
current program's shortcomings. Ireland is one of only three Western 
European countries excluded from the Visa Waiver Program, even though 
Ireland has demonstrated exemplary overstay rates and steadily 
declining refusal rates during the last 3 years. Additionally, while 
Irish citizens are denied inclusion, citizens from Northern Ireland are 
able to fully participate in the pilot program.
  H.R. 783 will incorporate the overstay rate as a factor in 
determining eligibility for probationary status in the Visa Waiver 
Program. The overstay rate is a critical element because it 
demonstrates how many nationals of a particular country actually 
violated the terms of their stay in the United States. I would like to 
commend Chairman Rom Mazzoli and Bill McCollum, the distinguished 
ranking member of the subcommittee, for their leadership on this issue 
and for incorporating this reform into H.R. 783. It is a commonsense 
approach which enjoys broad bipartisan support.
  The Visa Waiver Pilot Program has proven its worth over the years by 
generating good will towards many of our neighbors overseas and 
generating tourist dollars for our economy. This legislation has been 
designated as a high priority by the Irish Government and the Friends 
of Ireland Committee. Foreign tourism brought $74 billion into the U.S. 
economy last year and provided nearly 900,000 jobs for American 
workers. Today's vote can extend these benefits. I urge my colleagues 
to vote in favor of H.R. 783.
  Mr. FISH. Mr. Speaker, before this goes any further, I withdraw my 
reservation of objection.
  The SPEAKER pro tempore (Mr. SHARP). Is there objection to the 
request of the gentleman from Texas?
  There was no objection.
  A motion to reconsider was laid on the table.

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