Section 12 amends current law relating to the forfeiture of vehicles used in bringing in or harboring aliens who enter the United States in violation of law. The amendment would exempt rental cars from automatic seizure (unless the owner was party to the illegal act) and thus lessen INS's responsibility for care of such vehicles until they may be returned. The section also provides for the disposal of the seized vehicles and establishes the burden of proof in forfeiture cases. This section would result in an estimated savings of approximately $50,000 in 1982.

Section 15 of H.R. 4327 eliminates the requirement that a petitioner for naturalization be accompanied by two witnesses. Based on information from INS, it is estimated that this change will save $1.1 million in 1982, by eliminating 35,000 man-hours of officer time and 60,000 man-hours of clerical time per year.

This section also eliminates the 30-day waiting period between filing a petition for naturalization and the final court hearings on the petition. Current law requires INS officers to make two trips to court. INS estimates that this amendment would result in savings in travel funds of approximately $130,000 in 1982.

Section 16 amends current law to reduce the share of fees the clerks of state naturalization courts pay to the Attorney General. Based on information from INS, it is estimated that this section will result in a reduction of $150,000 in fees paid to the Attorney General in 1982, and is thus a cost of this bill.

Section 19 of H.R. 4327 lifts the numerical limitations on aliens who, prior to June 1, 1978, qualified as nonpreference immigrant investors. This provision would result in reduced paperwork and minor savings for INS in 1982.

7. Estimate comparison: None.

8. Previous CBO estimate: None.

9. Estimate prepared by: Jeffrey W. Nitta.

10. Estimate approved by: James L. Blum, Assistant Director for Budget Analysis.

OVERSIGHT STATEMENTS

Pursuant to clause 2(1)(3(A) of rule XI of the Rules of the House of Representatives, the Committee states that the Subcommittee on Immigration, Refugees, and International Law, will maintain close oversight with respect to those Departments responsible for administering the various provisions of this bill.

The Subcommittee on Immigration, Refugees, and International Law, held 7 days of oversight hearings on the administration of the INA in this Congress, and 9 hearings during the last Congress. In addition, the Committee's role as the authorizing Committee for appropriations relating to INS performance, assures continued monitoring of its functions, domestic and abroad. The need for eliminating the cumbersome flow of paperwork at the Executive Branch level and the Congressional level is obvious.

Clause 2(1)(3)(D) of rule XI of the Rules of the House of Representatives is inapplicable since no oversight findings and recommendations have been received from the Committee on Government Operations.

INFLATIONARY IMPACT STATEMENT

Pursuant to clause 2(1)(4) of rule XI of the Rules of the House of Representatives, the Committee estimates that this bill will not have a significant inflationary effect on prices and costs in the operation of the national economy.

COMMITTEE RECOMMENDATION

The Committee, after careful and detailed consideration of all the facts and circumstances involved in this legislation, is of the opinion that this bill should be enacted and accordingly recommends that H.R. 4327, as amended, do pass.

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3 of rule XIII of the Rules of the House of Representatives, changes in existing law made by the bill, as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, existing law in which no change is proposed is shown in roman):

TABLE OF CONTENTS

TITLE I-GENERAL

TITLE III-NATIONALITY ANd NaturalizaTION

CHAPTER 2-NATIONALITY THROUGH NATURALIZATION

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[Sec. 345. Mail relating to naturalization transmitted free of postage and registered.]

CHAPTER 3-LOSS OF NATIONALITY

Sec. 349. Loss of nationality by native-born or naturalized citizen.

[Sec. 350. Dual nationals; divestiture of nationality.]

Sec. 351. Restrictions on expatriation.

[Sec. 352. Loss of nationality by naturalized national.

[Sec. 353. Section 352 not effective as to certain persons.

[Sec. 354. Section 352(a)(2) not effective as to certain persons.

[Sec. 355. Loss of American nationality through parent's expatriation; not effective until person attains age of twenty-five years.]

(15) The term "immigrant" means every alien except an alien who is within one of the following classes of nonimmigrant aliens

(A)

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(F)(i) an alien having a residence in a foreign country which he has no intention of abandoning, who is a bona fide student qualified to pursue a full course of study and who seeks to enter the United States temporarily and solely for the purpose of pursuing such a course of study at an established [institution of learning or other recognized place of study] college, university, seminary, conservatory, academic high school, elementary school, or other academic institution or in a language training program in the United States, particularly designated by him and approved by the Attorney General after consultation with the Office of Education of the United States] Secretary of Education, which institution or place of study shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant student, and if any such institution of learning or place of study fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him;

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(H) an alien having a residence in a foreign country which he has no intention of abandoning (i) who is of distinguished merit and ability and who is coming temporarily to the United States to perform services of an exceptional nature requiring such merit and ability, and who, in the case of a graduate of a medical school coming to the United States to perform services as a member of the medical profession, is coming pursuant to an invitation from a public or nonprofit private educational or research institution or agency in the United States to teach or conduct research, or both, at or for such institution or agency; or (ii) who is coming temporarily to the United States to perform temporary services or labor, if unemployed persons capable of performing such service or labor cannot be found in this country, but this clause shall not apply to graduates of medical schools coming to the United States to perform services as members of the medical profession; or (iii) who is coming temporarily to the United States as a trainee, other than to receive graduate medical education or training; and the alien spouse and minor children of any such alien specified in this_paragraph_if accompanying him or following to join him [.];

(J) an alien having a residence in a foreign country which he has no intention of abandoning who is a bona fide student, scholar, trainee, teacher, professor, research assistant, specialist, or leader in a field of specialized knowledge or skill, or other person of similar description, who is coming temporarily to the United States as a participant in a program designated by the Secretary of State, for the purpose of teaching, instructing or lecturing, studying, observing, conducting research, consulting, demon

strating special skills, or receiving training and who, if he is coming to the United States to participate in a program under which he will receive graduate medical education or training, also meets the requirements of section 212(j), and the alien spouse and minor children of any such alien if accompanying him or following to join him [.];

(K) an alien who is the fiancée or fiancé of a citizen of the United States and who seeks to enter the United States solely to conclude a valid marriage with the petitioner within ninety days after entry, and the minor children of such fiancée or fiancé accompanying him or following to join him [.] ;

(L) an alien who, immediately preceding the time of his application for admission into the United States, has been employed continuously for one year by a firm or corporation or other legal entity or an affiliate or subsidiary thereof and who seeks to enter the United States temporarily in order to continue to render his services to the same employer or a subsidiary or affiliate thereof in a capacity that is managerial, executive, or involves specialized knowledge, and the alien spouse and minor children of any such alien if accompanying him or following to join him []; or

(M)(i) an alien having a residence in a foreign country which he has no intention of abandoning who seeks to enter the United States temporarily and solely for the purpose of pursuing a full course of study at an established vocational or other recognized nonacademic institution (other then in a language training program) in the United States particularly designated by him and approved by the Attorney General, after consultation with the Secretary of Education, which institution shall have agreed to report to the Attorney General the termination of attendance of each nonimmigrant nonacademic student and if any such institution fails to make reports promptly the approval shall be withdrawn, and (ii) the alien spouse and minor children of any such alien if accompanying him or following to join him.

(F) an immigrant, and his accompanying spouse and children, who is a Panamanian national and (i) who, before the date on which such Panama Canal Treaty of 1977 enters into force, has been honorably retired from United States Government employment in the Canal Zone with a total of 15 years or more of faithful service, or (ii) who on the date on which such Treaty enters into force, has been employed by the United States Government in the Canal Zone with a total of 15 years or more of faithful service and who subsequently is honorably retired from such employment; [or]

(G) an immigrant, and his accompanying spouse and children, who was an employee of the Panama Canal Com

pany or Canal Zone government on the effective date of the exchange of instruments of ratification of such Panama Canal Treaty of 1977, who has performed faithful service for five years or more as such an employee, and whose personal safety, or the personal safety of whose spouse or children, as a direct result of such Treaty, is reasonably placed in danger because of the special nature of any of that employment [.]; or

(H) an immigrant, and his accompanying spouse and children, who

(i) has graduated from a medical school or has qualified to practice medicine in a foreign state,

(ii) was fully and permanently licensed to practice medicine in a State on January 9, 1978, and was practicing medicine in a State on that date,

(iii) entered the United States as a nonimmigrant under subsection (a)(15)(H) or (a)(15)(J) before January 10, 1978, and

(iv) has been continuously present in the United States in the practice or study of medicine since the date of such entry.

(33) The term "residence" means the place of general abode; the place of general abode of a person means his principal, actual dwelling place in fact, without regard to intent. [Residence shall be considered continuous for the purposes of sections 350 and 352 of title III where there is a continuity of stay but not necessarily an uninterrupted physical presence in a foreign state or states or outside the United States.]

(b) As used in titles I and II

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(1) The term "child" means an unmarried person and under twenty-one years of age who is

(A) a legitimate child; [or]

(B) a stepchild, whether or not born out of wedlock, provided the child had not reached the age of eighteen years at the time the marriage creating the status of stepchild occurred; [or]

(C) a child legitimated under the law of the child's residence or domicile, or under the law of the father's residence or domicile, whether in or outside the United States, if such legitimation takes place before the child reaches the age of eighteen years and the child is in the legal custody of the legitimating parent or parents at the time of such legitimation [.];

(D) an illegitimate child, by, through whom, or on whose behalf a status, privilege, or benefit is sought by virtue of the relationship of the child to its natural mother;

(E) a child adopted while under the age of [fourteen] sixteen years if the child has thereafter been in the legal custody of, and has resided with, the adopting parent or parents for at least two years: Provided, That no natural parent of any such adopted child shall therafter, by virture of such parentage, be accorded any right, privilege, or status under this Act [.]; or (F) a child, under the age of [fourteen] sixteen at the time a petition is filed in his behalf to accord a classification as an