[Congressional Bills 103th Congress] [From the U.S. Government Publishing Office] [S. 1197 Introduced in Senate (IS)] 103d CONGRESS 1st Session S. 1197 To make miscellaneous and technical corrections to the Immigration and Nationality Act and related provisions of law. _______________________________________________________________________ IN THE SENATE OF THE UNITED STATES July 1 (legislative day, June 30), 1993 Mr. Kennedy (for himself and Mr. Simpson) introduced the following bill; which was read twice, considered, read the third time and passed _______________________________________________________________________ A BILL To make miscellaneous and technical corrections to the Immigration and Nationality Act and related provisions of law. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE. This Act may be cited as the ``Immigration and Nationality Technical Corrections Act of 1993''. 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--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS Sec. 101. American Institute in Taiwan. Sec. 102. Special immigrant status of retired officers and employees of international organizations. Sec. 103. Treatment of Tibet under per country levels. Sec. 104. Authority for Secretary of State to make refugee determinations. Sec. 105. Clarification of certain grounds for exclusion and deportation. Sec. 106. Labor conditions on the admission of temporary workers in specialty occupations. Sec. 107. Labor market information pilot program for employment-based immigrants. Sec. 108. United States citizens entering and departing on United States passports. Sec. 109. Applications for visas. Sec. 110. Limitations on performance of longshore work by alien crewmembers--Alaska exception. Sec. 111. Nationals, but not citizens, at birth based on use of physical presence instead of residence. Sec. 112. Children born out of wedlock. Sec. 113. Child born outside of the United States of an alien parent; conditions for automatic citizenship. Sec. 114. Expeditious naturalization. Sec. 115. Intent to reside permanently in the United States after naturalization. Sec. 116. Terminology relating to expatriation. Sec. 117. Administrative and judicial determinations relating to loss of citizenship. Sec. 118. Cancellation of United States passports and consular reports of birth. Sec. 119. Family unity and temporary protected status. Sec. 120. Adjustment of status of certain representatives of foreign governments and international organizations. Sec. 121. Priority dates for aliens registered on the Western Hemisphere waiting list. Sec. 122. Other miscellaneous and technical corrections to immigration- related provisions. TITLE II--MISCELLANEOUS PROVISIONS Sec. 201. Secretary of State to issue United States passports to United States citizens and nationals only. Sec. 202. Fraud and misuse of travel documents. Sec. 203. Border Patrol Museum and Memorial Library Foundation. Sec. 204. Special immigrant status for certain aliens employed abroad. TITLE I--TECHNICAL CORRECTIONS OF IMMIGRATION LAWS SEC. 101. AMERICAN INSTITUTE IN TAIWAN. Section 101(a)(27)(D) (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. 102. SPECIAL IMMIGRANT STATUS OF RETIRED OFFICERS AND EMPLOYEES OF INTERNATIONAL ORGANIZATIONS. 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 subclause (II) and inserting in lieu thereof 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 1993, whichever is later.''. SEC. 103. TREATMENT OF TIBET UNDER PER COUNTRY LEVELS. (a) Application of Immigration and Nationality Act.--The approval referred to in the first sentence of section 202(b) of the Immigration and Nationality Act shall be considered to have been granted, effective beginning with fiscal year 1994, with respect to Tibet as a separate foreign state, and not as a component or dependent area of another foreign state. (b) Definition.--For purposes of this section, the term ``Tibet'' refers to the territory encompassed by Tibet as of October 1, 1949. SEC. 104. AUTHORITY FOR SECRETARY OF STATE TO MAKE REFUGEE DETERMINATIONS. Section 207(c)(1) of the Immigration and Nationality Act (8 U.S.C. 1157(c)(1)) is amended-- (1) by inserting ``(A)'' immediately after ``(1)''; (2) by inserting ``and subject to subparagraph (B),'' after ``subsections (a) and (b),''; and (3) by adding at the end thereof the following: ``(B) The Secretary of State, together with the Attorney General, shall develop procedures under which the Secretary may determine individuals to be qualified for admission to the United States as refugees. Such determinations may be made by the Secretary of State in situations (defined by the Attorney General together with the Secretary of State) in which the Attorney General does not have immediate access to the individual under consideration for admission as a refugee and cannot expeditiously determine whether such individual is qualified for refugee admission.''. SEC. 105. 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 that 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. 106. LABOR MARKET INFORMATION PILOT PROGRAM FOR EMPLOYMENT-BASED IMMIGRANTS. (a) Program Made Discretionary.--Section 122(a)(1) of the Immigration Act of 1990 is amended by striking from the first sentence ``shall'' and inserting ``may''. (b) Conforming Amendment.--Section 122(a)(4) of such Act is amended by striking ``By'' and inserting ``In the event a pilot program is established pursuant to this subsection, by''. SEC. 107. 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. 108. 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. 109. LIMITATIONS ON PERFORMANCE OF LONGSHORE WORK BY ALIEN CREWMEMBERS--ALASKA EXCEPTION. (a) Alaska Exception.--Section 258 of the Immigration and Nationality Act (8 U.S.C. 1288) is amended-- (1) by redesignating subsection (d) as subsection (e); and (2) by inserting after subsection (c) the following new subsection: ``(d) State of Alaska Exception.--(1) Subsection (a) shall not apply to a particular activity of longshore work at a particular location in the State of Alaska if an employer of alien crewmen has filed an attestation with the Secretary of Labor at least 30 days before the date of the first performance of the activity (or anytime up to 24 hours before the first performance of the activity, upon a showing that the employer could not have reasonably anticipated the need to file an attestation for that location at that time) setting forth facts and evidence to show that-- ``(A) the employer will make a bona fide request for United States longshore workers who are qualified and available in sufficient numbers to perform the activity at the particular time and location from the parties to whom notice has been provided under clauses (ii) and (iii) of subparagraph (D), except that-- ``(i) wherever two or more contract stevedoring companies have signed a joint collective bargaining agreement with a single labor organization described in subparagraph (D)(i), the employer may request longshore workers from only one of such contract stevedoring companies, and ``(ii) a request for longshore workers to an operator of a private dock may be made only for longshore work to be performed at that dock and only if the operator meets the requirements of section 32 of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 932); ``(B) the employer will employ all those United States longshore workers made available in response to the request made pursuant to subparagraph (A) who are qualified and available in sufficient numbers and who are needed to perform the longshore activity at the particular time and location; ``(C) the use of alien crewmembers for such activity is not intended or designed to influence an election of a bargaining representative for workers in the State of Alaska; and ``(D) notice of the attestation has been provided by the employer to-- ``(i) labor organizations which have been recognized as exclusive bargaining representatives of United States longshore workers within the meaning of the National Labor Relations Act and which make available or intend to make available workers to the particular location where the longshore work is to be performed, ``(ii) contract stevedoring companies which employ or intend to employ United States longshore workers at that location, and ``(iii) operators of private docks at which the employer will use longshore workers. ``(2)(A) An employer filing an attestation under paragraph (1) who seeks to use alien crewmen to perform longshore work shall be responsible while the attestation is valid to make bona fide requests for United States longshore workers under paragraph (1)(A) and to employ United States longshore workers, as provided in paragraph (1)(B), before using alien crewmen to perform the activity or activities specified in the attestation, except that an employer shall not be required to request longshore workers from a party if that party has notified the employer in writing that it does not intend to make available United States longshore workers to the location at which the longshore work is to be performed. ``(B) If a party that has provided such notice subsequently notifies the employer in writing that it is prepared to make available United States longshore workers who are qualified and available in sufficient numbers to perform the longshore activity to the location at which the longshore work is to be performed, then the employer's obligations to that party under subparagraphs (A) and (B) of paragraph (1) shall begin 60 days following the issuance of such notice. ``(3)(A) In no case shall an employer filing an attestation be required-- ``(i) to hire less than a full work unit of United States longshore workers needed to perform the longshore activity; ``(ii) to provide overnight accommodations for the longshore workers while employed; or ``(iii) to provide transportation to the place of work, except where-- ``(I) surface transportation is available; ``(II) such transportation may be safely accomplished; ``(III) travel time to the vessel does not exceed one-half hour each way; and ``(IV) travel distance to the vessel from the point of embarkation does not exceed 5 miles. ``(B) In the cases of Wide Bay, Alaska, and Klawock/Craig, Alaska, the travel times and travel distances specified in subclauses (III) and (IV) of subparagraph (A) shall be extended to 45 minutes and 7\1/2\ miles, respectively, unless the party responding to the request for longshore workers agrees to the lesser time and distance limitations specified in those subclauses. ``(4) Subject to subparagraphs (A) through (D) of subsection (c)(4), attestations filed under paragraph (1) of this subsection shall-- ``(A) expire at the end of the 1-year period beginning on the date the employer anticipates the longshore work to begin, as specified in the attestation filed with the Secretary of Labor, and ``(B) apply to aliens arriving in the United States during such 1-year period if the owner, agent, consignee, master, or commanding officer states in each list under section 251 that it continues to comply with the conditions in the attestation. ``(5)(A) Except as otherwise provided by subparagraph (B), subsection (c)(3) and subparagraphs (A) through (E) of subsection (c)(4) shall apply to attestations filed under this subsection. ``(B) The use of alien crewmen to perform longshore work in Alaska consisting of the use of an automated self-unloading conveyor belt or vacuum-actuated system on a vessel shall be governed by the provisions of subsection (c). ``(6) For purposes of this subsection-- ``(A) the term `contract stevedoring companies' means those stevedoring companies licensed to do business in the State of Alaska that meet the requirements of section 32 of the Longshoremen's and Harbor Workers' Compensation Act (33 U.S.C. 932); and ``(B) the term `employer' includes any agent or representative designated by the employer; and ``(C) the terms `qualified' and `available in sufficient numbers' shall be defined by reference to industry standards in the State of Alaska, including safety considerations.''. (b) Conforming Amendments.-- (1) Section 258(a) (8 U.S.C. 1288(a)) is amended by striking ``subsection (c) or subsection (d)'' and inserting ``subsection (c), (d), or (e)''. (2) Section 258(c)(4)(A) (8 U.S.C. 1288(c)(4)(A)) is amended by inserting ``or subsection (d)(1)'' after ``paragraph (1)'' each of the two places it appears. (3) Section 258(c) (8 U.S.C. 1288(c)) is amended by adding at the end the following new paragraph: ``(5) Except as provided in paragraph (5) of subsection (d), this subsection shall not apply to longshore work performed in the State of Alaska.''. (c) Implementation.--(1) The Secretary of Labor shall prescribe such regulations as may be necessary to carry out this section. (2) Attestations filed pursuant to section 258(c) (8 U.S.C. 1288(c)) with the Secretary of Labor before the date of enactment of this Act shall remain valid until 60 days after the date of issuance of final regulations by the Secretary under this section. SEC. 110. NATIONALS, BUT NOT CITIZENS, AT BIRTH BASED ON USE OF PHYSICAL PRESENCE INSTEAD OF RESIDENCE. (a) In General.--Section 308(2) of the Immigration and Nationality Act (8 U.S.C. 1408(2)) is amended by striking ``have had a residence'' and inserting ``were physically present''. (b) Effective Date.--The amendment made by subsection (a) shall apply to persons born on or after the date of the enactment of this Act. SEC. 111. CHILDREN BORN OUT OF WEDLOCK. (a) In General.--Section 309(c) of the Immigration and Nationality Act (8 U.S.C. 1409(c)) is amended-- (1) by inserting ``(1)'' immediately after ``(c)''; and (2) by adding at the end the following new paragraph: ``(2) For the purpose of satisfying the physical presence requirements of this subsection, the mother may include any period during which she is physically present abroad as the dependent unmarried daughter and a member of the household of a person-- ``(A) honorably serving with the Armed Forces of the United States; or ``(B) employed by the United States Government or an international organization, as defined in section 1 of the International Organizations Immunities Act (59 Stat. 669; 22 U.S.C. 288).''. (b) Effective Date.--The amendment made by subsection (a)(2) shall apply to mothers of persons born on or after the date of the enactment of this Act. SEC. 112. CHILD BORN OUTSIDE OF THE UNITED STATES OF AN ALIEN PARENT; CONDITIONS FOR AUTOMATIC CITIZENSHIP. (a) In General.--Section 321(a)(3) of the Immigration and Nationality Act (8 U.S.C. 1432(a)(3)) is amended by inserting ``sole or joint'' before ``legal custody of the child''. (b) Effective Date.--The amendment made by subsection (a) shall apply to the awarding of custody before, on, or after the date of enactment of this Act. SEC. 113. EXPEDITIOUS NATURALIZATION. (a) In General.--Section 322 of the Immigration and Nationality Act (8 U.S.C. 1433(a)) is amended to read as follows: ``child born outside the united states; application for certificate of citizenship ``Sec. 322. (a) A child who is born outside of the United States, one or both of whose parents is a citizen of the United States, either by birth or naturalization, shall be furnished by the Attorney General with a certificate of citizenship in accordance with section 341(a) if-- ``(1) the child is physically present in the United States pursuant to lawful admission for permanent residence; ``(2) the child is under the age of eighteen years and in the joint or sole custody of the citizen parent; and ``(3) the citizen parent makes application to the Attorney General for the issuance of the certificate. ``(b) For purposes of this section, the terms `child' and `parent' include an adoptive child and an adoptive parent, respectively.''. (b) Repeal.--Section 341(c) of such Act (8 U.S.C. 1452(c)) is repealed. (c) Clerical Amendment.--The table of contents is amended by inserting after the item relating to section 321 the following new item: ``Sec. 322. Child born outside the United States; application for certificate of citizenship.''. (d) Effective Date.--The amendment made by subsection (a) shall apply to any application for a certificate of citizenship filed with the Attorney General on behalf of a child before, on, or after the date of enactment of this Act. SEC. 114. 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. 115. 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 ``can 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. 116. ADMINISTRATIVE AND JUDICIAL DETERMINATIONS RELATING TO LOSS OF CITIZENSHIP. (a) Final Administrative Determinations.--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.''. (b) Judicial Proceedings.--Subsections (a) and (b) of section 360 of such Act (8 U.S.C. 1503) are each amended by inserting ``, including approval of a certificate in accordance with section 358,'' after ``official thereof,''. SEC. 117. 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 intention to cancel such document, together with the reasons therefor, and shall be given at least 60 days in which to show, pursuant to such regulation as the Secretary may prescribe, why such document should not be canceled. 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. 118. FAMILY UNITY AND TEMPORARY PROTECTED STATUS. (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. 119. ADJUSTMENT OF STATUS OF CERTAIN REPRESENTATIVES OF FOREIGN GOVERNMENTS AND INTERNATIONAL ORGANIZATIONS. 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. 120. PRIORITY DATES FOR ALIENS REGISTERED ON THE WESTERN HEMISPHERE WAITING LIST. Section 9(b) of the Immigration and Nationality Act Amendments of 1976 (Public Law 94-571) is hereby repealed. SEC. 121. 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 217(e)(1)(A) of the Immigration and Nationality Act (8 U.S.C. 1187(e)(1)(A)) is amended by striking ``(a)(1)(A)'' and inserting ``(a)(1)''. (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)(1)(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 Fund'' 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''; (5) in paragraph (4), by striking ``of this Act'' and inserting ``of Public Law 102-395''; (6) in paragraph (5), by striking ``account'' and inserting ``Fund''; and (7) in paragraph (6), by striking ``Breached Bond/ Detention'' each of the two places it appears. (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) 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. TITLE II--MISCELLANEOUS PROVISIONS SEC. 201. SECRETARY OF STATE TO ISSUE UNITED STATES PASSPORTS TO UNITED STATES CITIZENS AND NATIONALS ONLY. Section 2 of the Act of June 14, 1902 (32 Stat. 386; 22 U.S.C. 212) is amended by striking ``for any other persons than those owing allegiance, whether citizens or not, to the United States'' and inserting ``for any person other than a citizen or national of the United States.''. SEC. 202. FRAUD AND MISUSE OF TRAVEL DOCUMENTS. (a) In General.--Title 18 of the United States Code is amended-- (1) in section 911-- (A) by striking ``not more than $1,000'' and inserting ``under this title''; and (B) by striking ``three years'' and inserting ``six years''; (2) in section 1001-- (A) by striking ``not more than $10,000'' and inserting ``under this title''; and (B) by striking ``five years'' and inserting ``ten years''; (3) in section 1541-- (A) by striking ``not more than $500'' and inserting ``under this title''; and (B) by striking ``one year'' and inserting ``ten years''; (4) in section 1542-- (A) by striking ``not more than $2,000'' and inserting ``under this title''; and (B) by striking ``five years'' and inserting ``ten years''; (5) in section 1543-- (A) by striking ``not more than $2,000'' and inserting ``under this title''; and (B) by striking ``five years'' and inserting ``ten years''; (6) in section 1544-- (A) by striking ``not more than $2,000'' and inserting ``under this title''; and (B) by striking ``five years'' and inserting ``ten years''; and (7) in section 1545-- (A) by striking ``not more than $2,000'' and inserting ``under this title''; and (B) by striking ``three years'' and inserting ``five years''. (b) Effective Date.--The amendments made by subsection (a) shall apply to offenses committed on or after the date of enactment of this Act. SEC. 203. BORDER PATROL MUSEUM AND MEMORIAL LIBRARY FOUNDATION. (a) Authority.--Notwithstanding section 203 of the Federal Property and Administrative Services Act of 1949 (40 U.S.C. 484) or any other provision of law, the Attorney General is authorized to transfer to the Border Patrol Museum and Memorial Library Foundation, incorporated in the State of Texas-- (1) such equipment, artifacts, and memorabilia held by the Immigration and Naturalization Service, and (2) such real property of the United States, as the Attorney General may determine is necessary to further the purposes of the Museum and Foundation. (b) Technical Assistance.--The Attorney General is authorized to provide technical assistance, through the detail of personnel of the Immigration and Naturalization Service, to the Border Patrol Museum and Memorial Library Foundation for the purpose of demonstrating the use of the items transferred under subsection (a). SEC. 204. SPECIAL IMMIGRANT STATUS FOR CERTAIN ALIENS EMPLOYED ABROAD. (a) In General.--An alien lawfully admitted to the United States for permanent residence shall be considered, for purposes of section 101(a)(27)(A) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(A)), to be temporarily visiting abroad during any period before, on, or after the date of enactment of this Act in which the alien is employed by the American University of Beirut or by Beirut University College. (b) Repeal.--Private Law 98-53 (8 U.S.C. 1101 note) is hereby repealed. <all> S 1197 IS----2 S 1197 IS----3