(c) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated to carry out this section (1) $64,000,000 for fiscal year 1995; (3) $93,000,000 for fiscal year 1997; and SEC. 130006. IMPROVING BORDER CONTROLS. (a) AUTHORIZATION OF APPROPRIATIONS.-There are authorized to be appropriated for the Immigration and Naturalization Service to increase the resources for the Border Patrol, the Inspections Program, and the Deportation Branch to apprehend illegal aliens who attempt clandestine entry into the United States or entry into the United States with fraudulent documents or who remain in the country after their nonimmigrant visas expire (1) $228,000,000 for fiscal year 1995; Of the sums authorized in this section, all necessary funds shall, subject to the availability of appropriations, be allocated to increase the number of agent positions (and necessary support personnel positions) in the Border Patrol by not less than 1,000 full-time equivalent positions in each of fiscal years 1995, 1996, 1997, and 1998 beyond the number funded as of October 1, 1994. (b) REPORT.-By September 30, 1996 and September 30, 1998, the Attorney General shall report to the Congress on the programs described in this section. The report shall include an evaluation of the programs, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the additional resources provided under this Act. SEC. 130007. EXPANDED SPECIAL DEPORTATION PROCEEDINGS. (a) IN GENERAL.-Subject to the availability of appropriations, the Attorney General may expand the program authorized by section 242A(d)* and 242(i) of the Immigration and Nationality Act to ensure that such aliens are immediately deportable upon their release from incarceration. (b) DETENTION AND REMOVAL OF CRIMINAL ALIENS.-Subject to the availability of appropriations, the Attorney General may (1) construct or contract for the construction of 2 Immigration and Naturalization Service Processing Centers to detain criminal aliens; and (2) provide for the detention and removal of such aliens. (c) REPORT.-By September 30, 1996, and September 30, 1998 the Attorney General shall report to the Congress on the programs referred to in subsections (a) and (b). The report shall include an evaluation of the programs, an outcome-based measurement of performance, and an analysis of the cost effectiveness of the additional resources provided under this Act. (d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized to be appropriated to carry out this section (1) $55,000,000 for fiscal year 1995; (3) $49,000,000 for fiscal year 1997; and SEC. 130008. AUTHORITY TO ACCEPT CERTAIN ASSISTANCE. (a) IN GENERAL.-Subject to subsection (b) and notwithstanding any other provision of law, the Attorney General, in the discretion of the Attorney General, may accept, hold, administer, and utilize gifts of property and services (which may not include cash assistance) from State and local governments for the purpose of assisting the Immigration and Naturalization Service in the transportation of deportable aliens who are arrested for misdemeanor or felony crimes under State or Federal law and who are either unlawfully within the United States or willing to submit to voluntary departure under safeguards. Any property acquired pursuant to this section shall be acquired in the name of the United States. (b) LIMITATION.-The Attorney General shall terminate or rescind the exercise of the authority under subsection (a) if the Attorney General determines that the exercise of such authority has resulted in discrimination by law enforcement officials on the basis of race, color, or national origin. Should be a reference to section 242A(a)(3). SEC. 130009. PASSPORT AND VISA OFFENSES PENALTIES IMPROVEMENT. (a) IN GENERAL.-Chapter 75 of title 18, United States Code, is amended— (1) in section 1541 by striking "not more than $500 or imprisoned not more than one year" and inserting "under this title, imprisoned not more than 10 years"; (2) in each of sections 1542, 1543, and 1544 by striking "not more than $2,000 or imprisoned not more than five years" and inserting "under this title, imprisoned not more than 10 years"; (3) in section 1545 by striking "not more than $2,000 or imprisoned not more than three years" and inserting "under this title, imprisoned not more than 10 years"; (4) in section 1546(a) by striking "five years" and inserting "10 years"; (5) in section 1546(b) by striking "in accordance with this title, or imprisoned not more than two years" and inserting "under this title, imprisoned not more than 5 years"; and (6) by adding at the end the following new section: “§ 1547. Alternative imprisonment maximum for certain offenses "Notwithstanding any other provision of this title, the maximum term of imprisonment that may be imposed for an offense under this chapter (other than an offense under section 1545)— “(1) if committed to facilitate a drug trafficking crime (as defined in 929(a)) is 15 years; and "(2) if committed to facilitate an act of international terrorism (as defined in section 2331) is 20 years.". (b) TECHNICAL AMENDMENT.-The chapter analysis for chapter 75 of title 18, United States Code, is amended by adding at the end the following new item: "1547. Alternative imprisonment maximum for certain offenses.". SEC. 130010. ASYLUM. (a) FINDINGS.-The Senate finds that (1) in the last decade applications for asylum have greatly exceeded the original 5,000 annual limit provided in the Refugee Act of 1980, with more than 150,000 asylum applications filed in fiscal year 1993, and the backlog of cases growing to 340,000; (2) this flood of asylum claims has swamped the system, creating delays in the processing of applications of up to several years; (3) the delay in processing asylum claims due to the overwhelming numbers has contributed to numerous problems, including (A) an abuse of the asylum laws by fraudulent applicants whose primary interest is obtaining work authority in the United States while their claim languishes in the backlogged asylum processing system; (B) the growth of alien smuggling operations, often involving organized crime; (C) a drain on limited resources resulting from the high cost of processing frivolous asylum claims through our multilayered system; and (D) an erosion of public support for asylum, which is a treaty obligation. (4) asylum, a safe haven protection for aliens abroad who cannot return home, has been perverted by some aliens who use asylum claims to circumvent our immigration and refugee laws and procedures; and (5) a comprehensive revision of our asylum law and procedures is required to address these problems. (b) POLICY.-It is the sense of the Senate that— (1) asylum is a process intended to protect aliens in the United States who cannot safely return home; (2) persons outside their country of nationality who have a well-founded fear of persecution if they return should apply for refugee status at one of our refugee processing offices abroad; and (3) the immigration, refugee and asylum laws of the United States should be reformed to provide (A) a procedure for the expeditious exclusion of any asylum applicant who arrives at a port-of-entry with fraudulent documents, or no documents, and makes a noncredible claim of asylum; and (B) the immigration, refugee and asylum laws of the United States should be reformed to provide for a streamlined affirmative asylum process ing system for asylum applicants who make their application after they have entered the United States. P. IMMIGRATION AND NATIONALITY TECHNICAL CORRECTIONS ACT OF 1994 (Public Law 103-416, October 25, 1994) SECTION 1. SHORT TITLE. This Act may be cited as the "Immigration and Nationality Technical Corrections Act of 1994". SEC. 2. TABLE OF CONTENTS. The table of contents of this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. TITLE I-NATIONALITY AND NATURALIZATION Sec. 101. Equal treatment of women in conferring citizenship to children born abroad. Sec. 102. Naturalization of children on application of citizen parent. Sec. 103. Former citizens of United States regaining United States citizenship. Sec. 104. Intent to reside permanently in the United States after naturalization. Sec. 105. Terminology relating to expatriation. Sec. 106. Administrative and judicial determinations relating to loss of citizenship. Sec. 107. Cancellation of United States passports and consular reports of birth. Sec. 108. Expanding waiver of the Government knowledge, United States history, and English language requirements for naturalization. Sec. 109. Report on citizenship of certain legalized aliens. TITLE II-TECHNICAL CORRECTIONS OF IMMIGRATION LAWS Sec. 201. American Institute in Taiwan. Sec. 202. G-4 special immigrants. Sec. 203. Clarification of certain grounds for exclusion and deportation. Sec. 204. United States citizens entering and departing on United States passports. Sec. 205. Applications for visas. Sec. 206. Family unity. Sec. 207. Technical amendment regarding one-house veto. Sec. 208. Authorization of appropriations for refugee assistance for fiscal years 1995, 1996, and 1997. Sec. 209. Fines for unlawful bringing of aliens into the United States. Sec. 210. Extension of visa waiver pilot program. Sec. 211. Creation of probationary status for participant countries in the visa waiver pilot program. Sec. 212. Technical changes to numerical limitations concerning certain special immigrants. Sec. 213. Extension of telephone employment verification system. Sec. 214. Extension of expanded definition of special immigrant for religious workers. Sec. 215. Extension of off-campus work authorization for students. Sec. 216. Eliminating obligation of carriers to detain stowaways. Sec. 217. Completing use of visas provided under diversity transition program. Sec. 218. Effect on preference date of application for labor certification. Sec. 219. Other miscellaneous and technical corrections to immigration-related provisions. Sec. 220. Waiver of foreign country residence requirement with respect to international medical graduates. Sec. 221. Visas for officials of Taiwan. Sec. 222. Expansion of definition of aggravated felony. Sec. 223. Summary deportation. Sec. 224. Judicial deportation. Sec. 225. Construction of expedited deportation requirements. TITLE I-NATIONALITY AND NATURALIZATION SEC. 101. EQUAL TREATMENT OF WOMEN IN CONFERRING CITIZENSHIP TO CHILDREN BORN ABROAD. (a) IN GENERAL.-[Omitted; added paragraph (h) to § 301 of the INA.] (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.-[Omitted; amended section 322 of the INA in its entirety.] (b) CONFORMING AMENDMENT.-[Omitted; repealed subsection (c) of section 341 of the INA.] (c) CLERICAL AMENDMENT.-[Omitted; amended item in table of contents of INA relating to section 322.] (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. 108. FORMER CITIZENS OF UNITED STATES REGAINING UNITED STATES CITIZENSHIP. (a) IN GENERAL.—[Omitted; added subsection (d) to section 324 of the INA.] (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.-[Omitted; struck certain language from section 338 of the INA.] (b) CONFORMING REPEAL.-[Omitted; repealed section 340(d) of the INA.] (c) CONFORMING REDESIGNATION.—[Omitted; conforming amendments to section 340 of the INA.] (d) CONFORMING AMENDMENT.-[Omitted; struck subsection (b) of section 405 of the Immigration Act of 1990.] (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.-[Omitted; amended section 351 of the INA by substituting "references to "loss of nationality" for "expatriation".] (b) CLERICAL AMENDMENT.-[Omitted; amended item in table of contents of INA relating to section 351.] SEC. 106. ADMINISTRATIVE AND JUDICIAL DETERMINATIONS RELATING TO LOSS OF CITIZENSHIP. [Omitted; added sentence at the end of section 358 of the INA.] SEC. 107. CANCELLATION OF UNITED STATES PASSPORTS AND CONSULAR REPORTS OF BIRTH. (a) IN GENERAL.-[Omitted; added section 361 to the INA.] (b) CLERICAL AMENDMENT.-[Omitted; inserted item in table of contents of the INA relating to section 361.] SEC. 108. EXPANDING WAIVER OF THE GOVERNMENT KNOWLEDGE, UNITED STATES HISTORY, AND ENGLISH LANGUAGE REQUIREMENTS FOR NATURALIZATION. (a) IN GENERAL.-[Omitted; amended § 312 of the INA by striking the proviso and adding a subsection (b).] (b) CONFORMING AMENDMENTS.-[Omitted; made conforming amendment to section 245A(b)(1)(D) of the INA.] (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 SEC. 201. AMERICAN INSTITUTE IN TAIWAN. [Omitted; amended section 101(a)(27)(D) of the INA to insert references to the American Institute in Taiwan.] SEC. 202. G-4 SPECIAL IMMIGRANTS. [Omitted; amended subclause (II) of § 101(a)(17)(I)(iii) of the INA.] SEC. 203. CLARIFICATION OF CERTAIN GROUNDS FOR EXCLUSION AND DEPORTATION. (a) EXCLUSION GROUNDS.-[Omitted; amended §§ 212(a)(2)(A)(i) and 212(h) of the INA to add attempts or conspiracies to commit crimes.] (b) DEPORTATION GROUNDS.-[Omitted; amended § 241(a)(2)(C) and 241(a)(3)(B) of the INA to add attempts or conspiracies.] (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.-[Omitted; inserted "United States" after "valid" in § 215(b) of the INA.] (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.-[Omitted; amended § 222(a) of the INA.] (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.-[Omitted; amended § 301(a) of the Immigration Act of 1990.] (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. [Omitted; amended §414(a) of the INA.] 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 |