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H.R. 3049 (102nd): Miscellaneous and Technical Immigration and Naturalization Amendments of 1991

The text of the bill below is as of Dec 12, 1991 (Passed Congress).


H.R.3049

One Hundred Second Congress of the United States of America

AT THE FIRST SESSION

Begun and held at the City of Washington on Thursday, the third day of January,

one thousand nine hundred and ninety-one

An Act

To amend the Immigration and Nationality Act to restore certain exclusive authority in courts to administer oaths of allegiance for naturalization, to revise provisions relating to O and P nonimmigrants, and to make certain technical corrections relating to the immigration laws.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) SHORT TITLE- This Act may be cited as the ‘Miscellaneous and Technical Immigration and Naturalization Amendments of 1991’.

    (b) TABLE OF CONTENTS- The table of contents of this Act is as follows:

      Sec. 1. Short title; table of contents.

TITLE I--JUDICIAL NATURALIZATION CEREMONIES AMENDMENTS

      Sec. 101. Short title of title.

      Sec. 102. Court authority to administer oaths of allegiance for naturalization.

TITLE II--O AND P NONIMMIGRANT AMENDMENTS

      Sec. 201. Short title of title.

      Sec. 202. Repeal of numerical limitations on P-1 and P-3 nonimmigrants; GAO report.

      Sec. 203. Standards for classification of P-1 nonimmigrants.

      Sec. 204. Consultation requirement.

      Sec. 205. Amendments relating to O nonimmigrants.

      Sec. 206. Amendments relating to P nonimmigrants.

      Sec. 207. Other amendments.

      Sec. 208. Effective date.

TITLE III--MISCELLANEOUS AND TECHNICAL CORRECTIONS

      Sec. 301. Short title of title; reference to the Immigration and Nationality Act.

      Sec. 302. Corrections relating to title I of the Immigration Act of 1990.

      Sec. 303. Corrections relating to title II of the Immigration Act of 1990.

      Sec. 304. Corrections relating to title III of the Immigration Act of 1990.

      Sec. 305. Corrections relating to title IV of the Immigration Act of 1990.

      Sec. 306. Corrections relating to title V of the Immigration Act of 1990.

      Sec. 307. Corrections relating to title VI of the Immigration Act of 1990.

      Sec. 308. Corrections relating to title VII of the Immigration Act of 1990.

      Sec. 309. Additional miscellaneous corrections.

      Sec. 310. Effective dates.

TITLE I--JUDICIAL NATURALIZATION CEREMONIES AMENDMENTS

SEC. 101. SHORT TITLE OF TITLE.

    This title may be cited as the ‘Judicial Naturalization Ceremonies Amendments of 1991’.

SEC. 102. COURT AUTHORITY TO ADMINISTER OATHS OF ALLEGIANCE FOR NATURALIZATION.

    (a) IN GENERAL- Subsection (b) of section 310 of the Immigration and Nationality Act (8 U.S.C. 1421), as amended by section 401(a) of the Immigration Act of 1990, is amended to read as follows:

    ‘(b) COURT AUTHORITY TO ADMINISTER OATHS-

      ‘(1) JURISDICTION- Subject to section 337(c)--

        ‘(A) GENERAL JURISDICTION- Except as provided in subparagraph (B), each applicant for naturalization may choose to have the oath of allegiance under section 337(a) administered by the Attorney General or by an eligible court described in paragraph (5). Each such eligible court shall have authority to administer such oath of allegiance to persons residing within the jurisdiction of the court.

        ‘(B) EXCLUSIVE AUTHORITY- An eligible court described in paragraph (5) that wishes to have exclusive authority to administer the oath of allegiance under section 337(a) to persons residing within the jurisdiction of the court during the period described in paragraph (3)(A)(i) shall notify the Attorney General of such wish and, subject to this subsection, shall have such exclusive authority with respect to such persons during such period.

      ‘(2) INFORMATION-

        ‘(A) GENERAL INFORMATION- In the case of a court exercising authority under paragraph (1), in accordance with procedures established by the Attorney General--

          ‘(i) the applicant for naturalization shall notify the Attorney General of the intent to be naturalized before the court, and

          ‘(ii) the Attorney General--

            ‘(I) shall forward to the court (not later than 10 days after the date of approval of an application for naturalization in the case of a court which has provided notice under paragraph (1)(B)) such information as may be necessary to administer the oath of allegiance under section 337(a), and

            ‘(II) shall promptly forward to the court a certificate of naturalization (prepared by the Attorney General).

        ‘(B) ASSIGNMENT OF INDIVIDUALS IN THE CASE OF EXCLUSIVE AUTHORITY- If an eligible court has provided notice under paragraph (1)(B), the Attorney General shall inform each person (residing within the jurisdiction of the court), at the time of the approval of the person’s application for naturalization, of--

          ‘(i) the court’s exclusive authority to administer the oath of allegiance under section 337(a) to such a person during the period specified in paragraph (3)(A)(i), and

          ‘(ii) the date or dates (if any) under paragraph (3)(B) on which the court has scheduled oath administration ceremonies.

        If more than one eligible court in an area has provided notice under paragraph (1)(B), the Attorney General shall permit the person, at the time of the approval, to choose the court to which the information will be forwarded for administration of the oath of allegiance under this section.

      ‘(3) SCOPE OF EXCLUSIVE AUTHORITY-

        ‘(A) LIMITED PERIOD AND ADVANCE NOTICE REQUIRED- The exclusive authority of a court to administer the oath of allegiance under paragraph (1)(B) shall apply with respect to a person--

          ‘(i) only during the 45-day period beginning on the date on which the Attorney General certifies to the court that an applicant is eligible for naturalization, and

          ‘(ii) only if the court has notified the Attorney General, prior to the date of certification of eligibility, of the day or days (during such 45-day period) on which the court has scheduled oath administration ceremonies.

        ‘(B) AUTHORITY OF ATTORNEY GENERAL- Subject to subparagraph (C), the Attorney General shall not administer the oath of allegiance to a person under subsection (a) during the period in which exclusive authority to administer the oath of allegiance may be exercised by an eligible court under this subsection with respect to that person.

        ‘(C) WAIVER OF EXCLUSIVE AUTHORITY- Notwithstanding the previous provisions of this paragraph, a court may waive exclusive authority to administer the oath of allegiance under section 337(a) to a person under this subsection if the Attorney General has not provided the court with the certification described in subparagraph (A)(i) within a reasonable time before the date scheduled by the court for oath administration ceremonies. Upon notification of a court’s waiver of jurisdiction, the Attorney General shall promptly notify the applicant.

      ‘(4) ISSUANCE OF CERTIFICATES- The Attorney General shall provide for the issuance of certificates of naturalization at the time of administration of the oath of allegiance.

      ‘(5) ELIGIBLE COURTS- For purposes of this section, the term ‘eligible court’ means--

        ‘(A) a District Court of the United States in any State, or

        ‘(B) any court of record in any State having a seal, a clerk, and jurisdiction in actions in law or equity, or law and equity, in which the amount in controversy is unlimited.’.

    (b) CONFORMING AMENDMENTS-

      (1) FUNCTIONS OF CLERKS- Section 339(a) of such Act (8 U.S.C. 1450(a)) is amended--

        (A) by striking paragraph (1) and inserting the following:

      ‘(1) deliver to each person administered the oath of allegiance by the court pursuant to section 337(a) the certificate of naturalization prepared by the Attorney General pursuant to section 310(b)(2)(A)(ii),’,

        (B) in paragraph (2), by inserting ‘a list of applicants actually taking the oath at each scheduled ceremony and’ after ‘Attorney General’,

        (C) by striking paragraph (3),

        (D) in paragraph (4), by striking the period at the end and inserting ‘, and’ and by redesignating such paragraph as paragraph (3),

        (E) by inserting after paragraph (3), as so redesignated, the following new paragraph:

      ‘(4) be responsible for all blank certificates of naturalization received by them from time to time from the Attorney General and shall account to the Attorney General for them whenever required to do so.’, and

        (F) by adding at the end the following:

    ‘No certificate of naturalization received by any clerk of court which may be defaced or injured in such manner as to prevent its use as herein provided shall in any case be destroyed, but such certificates shall be returned to the Attorney General.’.

      (2) EXPEDITED ADMINISTRATION OF OATH- Subsection (c) of section 337 of such Act (8 U.S.C. 1448) is amended to read as follows:

    ‘(c) Notwithstanding section 310(b), an individual may be granted an expedited judicial oath administration ceremony or administrative naturalization by the Attorney General upon demonstrating sufficient cause. In determining whether to grant an expedited judicial oath administration ceremony, a court shall consider special circumstances (such as serious illness of the applicant or a member of the applicant’s immediate family, permanent disability sufficiently incapacitating as to prevent the applicant’s personal appearance at the scheduled ceremony, developmental disability or advanced age, or exigent circumstances relating to travel or employment). If an expedited judicial oath administration ceremony is impracticable, the court shall refer such individual to the Attorney General who may provide for immediate administrative naturalization.’.

      (3) FEES- Section 344 of such Act (8 U.S.C. 1455) is amended by adding at the end the following new subsection:

    ‘(f)(1) The Attorney General shall pay over to courts administering oaths of allegiance to persons under this title a specified percentage of all fees described in subsection (a)(1) collected by the Attorney General with respect to persons administered the oath of allegiance by the respective courts. The Attorney General, annually and in consultation with the courts, shall determine the specified percentage based on the proportion, of the total costs incurred by the Service and courts for essential services directly related to the naturalization process, which are incurred by courts.

    ‘(2) The Attorney General shall provide on an annual basis to the Committees on the Judiciary of the House of Representatives and of the Senate a detailed report on the use of the fees described in paragraph (1) and shall consult with such Committees before increasing such fees.’.

    (c) EFFECTIVE DATE- The amendments made by this title shall take effect 30 days after the date of the enactment of this Act.

TITLE II--O AND P NONIMMIGRANT AMENDMENTS

SEC. 201. SHORT TITLE OF TITLE.

    This title may be cited as the ‘O and P Nonimmigrant Amendments of 1991’.

SEC. 202. REPEAL OF NUMERICAL LIMITATIONS ON P-1 AND P-3 NONIMMIGRANTS; GAO REPORT.

    (a) IN GENERAL- Section 214(g)(1) of the Immigration and Nationality Act (8 U.S.C. 1184(g)(1)), as added by section 205(a) of the Immigration Act of 1990, is amended--

      (1) by adding ‘or’ at the end of subparagraph (A),

      (2) by striking ‘, or’ at the end of subparagraph (B) and inserting a period, and

      (3) by striking subparagraph (C).

    (b) REPORT- (1) By not later than October 1, 1994, the Comptroller General of the United States shall submit to the Committees on the Judiciary of the Senate and of the House of Representatives a report containing information relating to the admission of artists, entertainers, athletes, and related support personnel as nonimmigrants under subparagraphs (O) and (P) of section 101(a)(15) of the Immigration and Nationality Act, and information on the laws, regulations, and practices in effect in other countries that affect United States citizens and permanent resident aliens in the arts, entertainment, and athletics, in order to evaluate the impact of such admissions, laws, regulations, and practices on such citizens and aliens.

    (2) Not later than 30 days after the date the Committee of the Judiciary on the Senate receives the report under paragraph (1), the Chairman of the Committee shall make the report available to interested parties and shall hold a hearing respecting the report. No later than 90 days after the date of receipt of the report, such Committee shall report to the Senate its findings and any legislation it deems appropriate.

SEC. 203. STANDARDS FOR CLASSIFICATION OF P-1 NONIMMIGRANTS.

    (a) SUBSTITUTION OF NEW STANDARDS- Clause (i) of section 101(a)(15)(P) of the Immigration and Nationality Act, as added by section 207(a)(3) of the Immigration Act of 1990, is amended to read as follows:

        ‘(i)(a) is described in section 214(c)(4)(A) (relating to athletes), or (b) is described in section 214(c)(4)(B) (relating to entertainment groups);’.

    (b) NEW STANDARDS- Section 214(c)(4) of such Act, as added by section 207(b)(2)(B) of the Immigration Act of 1990, is amended by redesignating subparagraphs (A) through (C) as subparagraphs (C) through (E) and by inserting before subparagraph (C), as so redesignated, the following new subparagraphs:

    ‘(A) For purposes of section 101(a)(15)(P)(i)(a), an alien is described in this subparagraph if the alien--

      ‘(i) performs as an athlete, individually or as part of a group or team, at an internationally recognized level of performance, and

      ‘(ii) seeks to enter the United States temporarily and solely for the purpose of performing as such an athlete with respect to a specific athletic competition.

    ‘(B)(i) For purposes of section 101(a)(15)(P)(i)(b), an alien is described in this subparagraph if the alien--

      ‘(I) performs with or is an integral and essential part of the performance of an entertainment group that has (except as provided in clause (ii)) been recognized internationally as being outstanding in the discipline for a sustained and substantial period of time,

      ‘(II) in the case of a performer or entertainer, except as provided in clause (iii), has had a sustained and substantial relationship with that group (ordinarily for at least one year) and provides functions integral to the performance of the group, and

      ‘(III) seeks to enter the United States temporarily and solely for the purpose of performing as such a performer or entertainer or as an integral and essential part of a performance.

    ‘(ii) In the case of an entertainment group that is recognized nationally as being outstanding in its discipline for a sustained and substantial period of time, the Attorney General may, in consideration of special circumstances, waive the international recognition requirement of clause (i)(I).

    ‘(iii)(I) The one-year relationship requirement of clause (i)(II) shall not apply to 25 percent of the performers and entertainers in a group.

    ‘(II) The Attorney General may waive such one-year relationship requirement for an alien who because of illness or unanticipated and exigent circumstances replaces an essential member of the group and for an alien who augments the group by performing a critical role.

    ‘(iv) The requirements of subclauses (I) and (II) of clause (i) shall not apply to alien circus personnel who perform as part of a circus or circus group or who constitute an integral and essential part of the performance of such circus or circus group, but only if such personnel are entering the United States to join a circus that has been recognized nationally as outstanding for a sustained and substantial period of time or as part of such a circus.’.

SEC. 204. CONSULTATION REQUIREMENT.

    Section 214(c) of the Immigration and Nationality Act, as amended by section 207(b)(2) of the Immigration Act of 1990, is amended--

      (1) in paragraph (3)(A), by striking ‘after consultation with peer groups in the area of the alien’s ability’ and inserting ‘after consultation in accordance with paragraph (6)’,

      (2) in paragraph (3)(B), by striking ‘after consultation with labor organizations with expertise in the skill area involved’ and inserting ‘after consultation in accordance with paragraph (6) or, in the case of such an alien seeking entry for a motion picture or television production, after consultation with such a labor organization and a management organization in the area of the alien’s ability’,

      (3) in paragraph (4)(C), as redesignated by section 203(b), by striking ‘clause (ii) of’,

      (4) in paragraph (4)(D), as redesignated by section 203(b), by striking ‘after consultation with labor organizations with expertise in the specific field of athletics or entertainment involved’ and inserting ‘after consultation in accordance with paragraph (6)’,

      (5) by redesignating paragraph (6) as paragraph (7), and

      (6) by inserting after paragraph (5) the following new paragraph:

    ‘(6)(A)(i) To meet the consultation requirement of paragraph (3)(A) in the case of a petition for a nonimmigrant described in section 101(a)(15)(O)(i) (other than with respect to aliens seeking entry for a motion picture or television production), the petitioner shall submit with the petition an advisory opinion from a peer group (or other person or persons of its choosing, which may include a labor organization) with expertise in the specific field involved.

    ‘(ii) To meet the consultation requirement of paragraph (3)(B) in the case of a petition for a nonimmigrant described in section 101(a)(15)(O)(ii) (other than with respect to aliens seeking entry for a motion picture or television production), the petitioner shall submit with the petition an advisory opinion from a labor organization with expertise in the skill area involved.

    ‘(iii) To meet the consultation requirement of paragraph (4)(D) in the case of a petition for a nonimmigrant described in section 101(a)(15)(P)(i) or 101(a)(15)(P)(iii), the petitioner shall submit with the petition an advisory opinion from a labor organization with expertise in the specific field of athletics or entertainment involved.

    ‘(B) To meet the consultation requirements of subparagraph (A), unless the petitioner submits with the petition an advisory opinion from an appropriate labor organization, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization within 5 days of the date of receipt of the petition. If there is a collective bargaining representative of an employer’s employees in the occupational classification for which the alien is being sought, that representative shall be the appropriate labor organization.

    ‘(C) In those cases in which a petitioner described in subparagraph (A) establishes that an appropriate peer group (including a labor organization) does not exist, the Attorney General shall adjudicate the petition without requiring an advisory opinion.

    ‘(D) Any person or organization receiving a copy of a petition described in subparagraph (A) and supporting documents shall have no more than 15 days following the date of receipt of such documents within which to submit a written advisory opinion or comment or to provide a letter of no objection. Once the 15-day period has expired and the petitioner has had an opportunity, where appropriate, to supply rebuttal evidence, the Attorney General shall adjudicate such petition in no more than 14 days. The Attorney General may shorten any specified time period for emergency reasons if no unreasonable burden would be thus imposed on any participant in the process.

    ‘(E)(i) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant artists or entertainers described in section 101(a)(15)(O) or 101(a)(15)(P) to accommodate the exigencies and scheduling of a given production or event.

    ‘(ii) The Attorney General shall establish by regulation expedited consultation procedures in the case of nonimmigrant athletes described in section 101(a)(15)(O)(i) or 101(a)(15)(P)(i) in the case of emergency circumstances (including trades during a season).

    ‘(F) No consultation required under this subsection by the Attorney General with a nongovernmental entity shall be construed as permitting the Attorney General to delegate any authority under this subsection to such an entity. The Attorney General shall give such weight to advisory opinions provided under this section as the Attorney General determines, in his sole discretion, to be appropriate.’.

SEC. 205. AMENDMENTS RELATING TO O NONIMMIGRANTS.

    (a) DEFINITION OF EXTRAORDINARY ABILITY IN THE ARTS FOR O NONIMMIGRANTS- Section 101(a) of the Immigration and Nationality Act, as amended by sections 123 and 204(c) of the Immigration Act of 1990, is amended by adding at the end the following new paragraph:

    ‘(46) The term ‘extraordinary ability’ means, for purposes of section 101(a)(15)(O)(i), in the case of the arts, distinction.’.

    (b) ELIMINATING ADDITIONAL PAPERWORK REQUIREMENT FOR O-1S- Section 101(a)(15)(O)(i) of the Immigration and Nationality Act, as amended by section 207(a)(3) of the Immigration Act of 1990, is amended by striking ‘, but only’ and all that follows up to the semicolon at the end.

    (c) CLARIFICATION OF SIGNIFICANT PHOTOGRAPHY FOR O-2S- Section 101(a)(15)(O)(ii)(III)(b) of the Immigration and Nationality Act, as added by section 207(a)(3) of the Immigration Act of 1990, is amended by striking ‘significant principal photography’ and inserting ‘significant production (including pre- and post-production work)’.

    (d) CLARIFICATION OF MULTIPLE EVENTS FOR VISAS FOR O NONIMMIGRANTS- Section 214(a)(2)(A) of the Immigration and Nationality Act, as added by section 207(b)(1) of the Immigration Act of 1990, is amended by inserting ‘(or events)’ after ‘event’.

    (e) CONSULTATION WITH RESPECT TO READMITTED O-1 NONIMMIGRANTS- Section 214(c)(3) of the Immigration and Nationality Act, as added by section 207(b)(2)(B) of the Immigration Act of 1990, is amended by adding at the end the following: ‘The Attorney General shall provide by regulation for the waiver of the consultation requirement under subparagraph (A) in the case of aliens who have been admitted as nonimmigrants under section 101(a)(15)(O)(i) because of extraordinary ability in the arts and who seek readmission to perform similar services within 2 years after the date of a consultation under such subparagraph. Not later than 5 days after the date such a waiver is provided, the Attorney General shall forward a copy of the petition and all supporting documentation to the national office of an appropriate labor organization.’.

SEC. 206. AMENDMENTS RELATING TO P NONIMMIGRANTS.

    (a) ELIMINATING 3-MONTH OUT-OF-COUNTRY RULE FOR P-2 AND P-3 NONIMMIGRANTS- Section 214(a)(2)(B) of the Immigration and Nationality Act, as added by section 207(b)(1) of the Immigration Act of 1990, is amended--

      (1) by striking ‘(B)(i)’ and inserting ‘(B)’, and

      (2) by striking clause (ii).

    (b) TREATMENT OF FOREIGN ORGANIZATIONS FOR P-2 NONIMMIGRANTS- Section 101(a)(15)(P)(ii)(II) of the Immigration and Nationality Act, as added by section 207(a)(3) of the Immigration Act of 1990, is amended by inserting ‘or organizations’ after ‘and an organization’.

    (c) TREATMENT OF P-2 NONIMMIGRANTS- (1) Section 101(a)(15)(P)(ii)(II) of the Immigration and Nationality Act, as added by section 207(a)(3) of the Immigration Act of 1990, is amended by striking ‘, between the United States and the foreign states involved’.

    (2) Section 214(c)(4)(E) of the Immigration and Nationality Act, as added by 207(b)(2)(B) of the Immigration Act of 1990 and as redesignated by section 203(b) of this title, is amended by striking ‘, in order to assure reciprocity in fact with foreign states’.

    (d) PERFORMANCE OF TEACHING AND COACHING FUNCTIONS BY P-3 NONIMMIGRANTS- Section 101(a)(15)(P)(iii)(II) of the Immigration and Nationality Act, as added by section 207(a)(3) of the Immigration Act of 1990, is amended--

      (1) by striking ‘for the purpose of performing’ and inserting ‘to perform, teach, or coach’, and

      (2) by inserting ‘commercial or noncommercial’ before ‘program’.

SEC. 207. OTHER AMENDMENTS.

    (a) RETURN TRANSPORTATION REQUIREMENT FOR O AND P NONIMMIGRANTS- Section 214(c)(5) of the Immigration and Nationality Act, as added by section 207(b)(2) of the Immigration Act of 1990, is amended by inserting ‘(A)’ after ‘(5)’ and by adding at the end the following new subparagraph:

    ‘(B) In the case of an alien who enters the United States in nonimmigrant status under section 101(a)(15)(O) or 101(a)(15)(P) and whose employment terminates for reasons other than voluntary resignation, the employer whose offer of employment formed the basis of such nonimmigrant status and the petitioner are jointly and severally liable for the reasonable cost of return transportation of the alien abroad. The petitioner shall provide assurance satisfactory to the Attorney General that the reasonable cost of that transportation will be provided.’.

    (b) ENTRY OF FASHION MODELS UNDER H-1B- Section 101(a)(15)(H)(i)(b) of the Immigration and Nationality Act, as amended by section 205(c)(1) of the Immigration Act of 1990, is amended--

      (1) by inserting ‘or as a fashion model’ after ‘214(i)(1)’, and

      (2) by inserting ‘or, in the case of a fashion model, is of distinguished merit and ability’ after ‘214(i)(2)’.

    (c) ANNUAL REPORT-

      (1) IN GENERAL- Section 214(c) of the Immigration and Nationality Act (8 U.S.C. 1184(c)(3)), as amended by section 207(b)(2) of the Immigration Act of 1990 and by section 204 of this title, is amended by adding at the end the following new paragraph:

    ‘(8) The Attorney General shall submit annually to the Committees on the Judiciary of the House of Representatives and of the Senate a report describing, with respect to petitions under each subcategory of subparagraphs (H), (O), (P), and (Q) of section 101(a)(15) the following:

      ‘(A) The number of such petitions which have been filed.

      ‘(B) The number of such petitions which have been approved and the number of workers (by occupation) included in such approved petitions.

      ‘(C) The number of such petitions which have been denied and the number of workers (by occupation) requested in such denied petitions.

      ‘(D) The number of such petitions which have been withdrawn.

      ‘(E) The number of such petitions which are awaiting final action.’.

      (2) DEADLINE FOR FIRST REPORT- The first report under section 214(c)(8) of the Immigration and Nationality Act shall be provided not later than April 1, 1993.

SEC. 208. EFFECTIVE DATE.

    The provisions of, and amendments made by, this title shall take effect on April 1, 1992.

TITLE III--MISCELLANEOUS AND TECHNICAL CORRECTIONS

SEC. 301. SHORT TITLE OF TITLE; REFERENCE TO THE IMMIGRATION AND NATIONALITY ACT.

    (a) This title may be cited as the ‘Immigration Technical Corrections Act of 1991’.

    (b) In this title, the term ‘INA’ means the Immigration and Nationality Act.

SEC. 302. CORRECTIONS RELATING TO TITLE I OF THE IMMIGRATION ACT OF 1990.

    (a)(1) Section 201 of the INA, as amended by section 101(a) of the Immigration Act of 1990, is amended--

      (A) in subsection (c)(3), by striking ‘(3) The number computed under this paragraph for a fiscal year’ and inserting the following:

    ‘(3)(A) The number computed under this paragraph for fiscal year 1992 is zero.

    ‘(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(a) during that fiscal year.

    ‘(C) The number computed under this paragraph for a subsequent fiscal year’; and

      (B) in subsection (d)(2), by striking ‘(2) The number computed under this paragraph for a fiscal year’ and inserting the following:

    ‘(2)(A) The number computed under this paragraph for fiscal year 1992 is zero.

    ‘(B) The number computed under this paragraph for fiscal year 1993 is the difference (if any) between the worldwide level established under paragraph (1) for the previous fiscal year and the number of visas issued under section 203(b) during that fiscal year.

    ‘(C) The number computed under this paragraph for a subsequent fiscal year’.

    (2) Section 101 of the Immigration Act of 1990 is amended by adding at the end the following new subsection:

    ‘(c) TRANSITION- In applying the second sentence of section 201(b)(2)(A)(i) of the Immigration and Nationality Act (as amended by subsection (a)) in the case of a alien whose citizen spouse died before the date of the enactment of this Act, notwithstanding the deadline specified in such sentence the alien spouse may file the classification petition referred to in such sentence within 2 years after the date of the enactment of this Act.’.

    (3) Section 202(a)(4)(A) of the INA, as amended by section 102(1) of the Immigration Act of 1990, is amended by striking ‘MINIMUM’.

    (b)(1) Section 112 of the Immigration Act of 1990 is amended--

      (A) in subsection (c), by striking ‘temporary or’ before paragraph (1), and

      (B) by adding at the end the following:

    ‘(d) DEFINITIONS- The definitions in the Immigration and Nationality Act shall apply in the administration of this section.’.

    (2) Section 203(b) of the INA, as inserted by section 121(a) of the Immigration Act of 1990, is amended--

      (A) in paragraphs (1), (2), and (3), by striking ‘40,000’ and inserting ‘28.6 percent of such worldwide level’ each place it appears,

      (B) in paragraph (1)(C), by striking ‘who seeks’ and inserting ‘the alien seeks’,

      (C) in paragraphs (4) and (5), by striking ‘10,000’ and inserting ‘7.1 percent of such worldwide level’ each place it appears, and

      (D) in paragraph (2)(B), by inserting ‘professions,’ after ‘arts,’.

    (3) Section 216A of the INA, as inserted by section 121(b)(1) of the Immigration Act of 1990, is amended--

      (A) in subsection (c)(2)(A), by inserting ‘(and the alien’s spouse and children if it was obtained on a conditional basis under this section or section 216)’ after ‘status of the alien’, and

      (B) in subsections (c)(3)(B) and (d)(2)(A), by striking ‘obtaining the status of’.

    (4) Section 121(b)(2) of the Immigration Act of 1990 is amended by striking ‘exclusion’ and inserting ‘deportation’.

    (5) Section 124(a) of the Immigration Act of 1990 is amended--

      (A) in paragraph (1)--

        (i) by inserting ‘(or paragraph (2) as the spouse or child of such an alien)’ after ‘paragraph (3)’, and

        (ii) by adding at the end the following new sentence: ‘If the full number of such visas are not made available in fiscal year 1991 or 1992, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.’; and

      (B) in paragraph (3)(A), by striking ‘(and has been so employed during the 12 previous, consecutive months)’ and inserting ‘except for temporary absences at the request of the employer and has been employed in Hong Kong for at least 12 consecutive months’.

    (6) Section 132 of the Immigration Act of 1990 is amended--

      (A) in subsection (a), by inserting ‘(or in subsection (d) as the spouse or child of such an alien)’ after ‘subsection (b)’;

      (B) in subsection (a), by adding at the end the following new sentence: ‘If the full number of such visas are not made available in fiscal year 1992 or 1993, the shortfall shall be added to the number of such visas to be made available under this section in the succeeding fiscal year.’;

      (C) in subsection (b)(1), effective after fiscal year 1992, by striking ‘that is not contiguous to the United States and’;

      (D) in subsection (c)--

        (i) effective beginning with fiscal year 1993, by striking ‘in the chronological order in which aliens apply for each fiscal year’ and inserting ‘strictly in a random order among those who qualify during the application period for each fiscal year established by the Secretary of State’,

        (ii) by inserting before the period at the end the following: ‘and except that if more than one application is submitted for any fiscal year (beginning with fiscal year 1993) with respect to any alien all such applications submitted with respect to the alien and fiscal year shall be voided’, and

        (iii) by adding at the end the following: ‘If the minimum number of such visas are not made available in fiscal year 1992 or 1993 to such natives, the shortfall shall be added to the number of such visas to be made available under this section to such natives in the succeeding fiscal year. In applying this section, natives of Northern Ireland shall be deemed to be natives of Ireland.’; and

      (E) in subsection (e)--

        (i) by striking ‘the grounds’ and all that follows through ‘shall not apply, and’,

        (ii) by striking ‘of such section’ and inserting ‘of section 212(a) of the Immigration and Nationality Act’, and

        (iii) by adding at the end the following: ‘In addition, the provisions of section 212(e) of such Act shall not apply so as to prevent an individual’s application for a visa or admission under this section.’.

    (7) Section 134(a) of the Immigration Act of 1990 is amended by inserting ‘(or in subsection (d) as the spouse or child of such an alien)’ after ‘subsection (b)’.

    (c)(1) Section 141 of the Immigration Act of 1990 is amended--

      (A) in the heading, by striking ‘LEGAL’,

      (B) in subsection (a), by striking ‘Legal’,

      (C) in subsection (a)(1)(B), by striking ‘of the Subcommittee’ and all that follows through ‘International Law’, and

      (D) by adding at the end the following new subsection:

    ‘(i) PRESIDENTIAL REPORT- The President shall conduct a review and evaluation and provide for the transmittal of reports to the Congress in the same manner as the Commission is required to conduct a review and evaluation and to transmit reports under subsection (b).’.

    (2) The item in the table of contents of such Act relating to section 141 is amended to read as follows:

      ‘Sec. 141. Commission on Immigration Reform.’.

    (d)(1) Section 152(b)(1)(A) of the Immigration Act of 1990 is amended by striking ‘who has performed faithful service’ and inserting ‘and has performed faithful service as such an employee’.

    (2) Section 245 of the INA, as amended by section 2(c) of the Armed Forces Immigration Adjustment Act of 1991, is amended--

      (A) in subsection (c)(2), by inserting ‘(J),’ after ‘(I),’, and

      (B) by adding at the end the following new subsection:

    ‘(h) In applying this section to a special immigrant described in section 101(a)(27)(J)--

      ‘(1) such an immigrant shall be deemed, for purposes of subsection (a), to have been paroled into the United States; and

      ‘(2) in determining the alien’s admissibility as an immigrant--

        ‘(A) paragraphs (4), (5)(A), and (7)(A) of section 212(a) shall not apply, and

        ‘(B) the Attorney General may waive other paragraphs of section 212(a) (other than paragraphs (2)(A), (2)(B), (2)(C) (except for so much of such paragraph as related to a single offense of simple possession of 30 grams or less of marijuana), (3)(A), (3)(B), (3)(C), or (3)(E)) in the case of individual aliens for humanitarian purposes, family unity, or when it is otherwise in the public interest.

    The relationship between an alien and the alien’s natural parents or prior adoptive parents shall not be considered a factor in making a waiver under paragraph (2)(B). Nothing in this subsection or section 101(a)(27)(J) shall be construed as authorizing an alien to apply for admission or be admitted to the United States in order to obtain special immigrant status described in such section.’.

    (3) Section 241(h) of the INA, as amended by section 153(b) of the Immigration Act of 1990, is amended by striking the comma after ‘(3)(A)’.

    (4) Section 154 of the Immigration Act of 1990 is amended--

      (A) in subsection (b)(1)(A), by inserting ‘or China’ after ‘Hong Kong’,

      (B) in subsection (b)(1)(B)(i), by inserting ‘of’ after ‘of section 203(a)’, and

      (C) by striking paragraph (3) of subsection (c).

    (5) Section 155 of the Immigration Act of 1990 is amended--

      (A) in subsection (a), by inserting ‘(or section 203(e), in the case of fiscal year 1992)’ after ‘203(c)’, and

      (B) in subsection (b), by striking ‘or the child’ and inserting ‘or who are the spouse or child’.

    (e)(1) Section 161(a) of the Immigration Act of 1990 is amended by striking ‘in this section,’ and inserting ‘in this title, this title and’.

    (2) Section 161(c)(1) of the Immigration Act of 1990 is amended--

      (A) by inserting ‘or an application for labor certification before such date under section 212(a)(14)’ after ‘before such date)’,

      (B) in subparagraph (A), by inserting ‘or application’ after ‘such a petition’,

      (C) in subparagraph (A), by inserting ‘, or 60 days after the date of certification in the case of labor certifications filed in support of the petition under section 212(a)(14) of such Act before October 1, 1991, but not certified until after October 1, 1993’ after ‘(by not later than October 1, 1993’, and

      (D) by adding at the end the following new sentence:

      ‘In the case of a petition filed under section 204(a) of such Act before October 1, 1991, but which is not described in paragraph (4), and for which a filing fee was paid, any additional filing fee shall not exceed one-half of the fee for the filing of the new petition referred to in subparagraph (A).’.

    (3) Section 203(f) of the INA, as inserted by section 162(a) of the Immigration Act of 1990, is amended--

      (A) by striking ‘PRESUMPTION- ’ and all that follows through ‘so described.’ and inserting ‘AUTHORIZATION FOR ISSU- ANCE- ’, and

      (B) by striking ‘201(b)(1) or in subsection (a) or (b)’ and inserting ‘201(b)(2) or in subsection (a), (b), or (c)’.

    (4) Section 204(a)(1) of the INA, as amended by section 162(b) of the Immigration Act of 1990, is amended--

      (A) in subparagraph (A), by adding at the end the following: ‘An alien described in the second sentence of section 201(b)(2)(A)(i) also may file a petition with the Attorney General under this subparagraph for classification under such section.’,

      (B) in subparagraph (F), by striking ‘Secretary of State’ and inserting ‘Attorney General’, and

      (C) in subparagraph (G)(iii), by striking ‘or registration’.

    (5) Section 204(e) of the INA, as amended by section 162(b)(3) of the Immigration Act of 1990, is amended by striking ‘a immigrant’ and inserting ‘an immigrant’.

    (6) Paragraph (1) of section 162(e) of the Immigration Act of 1990 is repealed, and the provisions of law amended by such paragraph are restored as though such paragraph had not been enacted.

    (7) Section 245(b) of the INA, as amended by section 162(e)(3) of the Immigration Act of 1990, is amended--

      (A) by striking ‘201(a)’ and inserting ‘202 and 203’, and

      (B) by striking ‘for the succeeding fiscal year’ and inserting ‘for the fiscal year then current’.

    (8) Effective as if included in section 162(e) of the Immigration Act of 1990--

      (A) clauses (ii)(II) and (iii)(II) of section 101(a)(27)(I) of the INA are amended by striking ‘applies for a visa or adjustment of status’ and inserting ‘files a petition for status’,

      (B) section 216(g)(1) of the INA is amended by striking ‘203(a)(8)’ and inserting ‘203(d)’; and

      (C) section 221(a) of the INA is amended by striking ‘nonpreference,’.

    (9) Effective as if included in the Immigration Nursing Relief Act of 1989, section 212(m)(2)(A) of the INA is amended, by inserting after the first sentence following clause (vi) the following: ‘Notwithstanding the previous sentence, a facility that lays off a registered nurse other than a staff nurse still meets clause (i) if, in its attestation under this subparagraph, the facility has attested that it will not replace the nurse with a nonimmigrant described in section 101(a)(15)(H)(i)(a) (either through promotion or otherwise) for a period of 1 year after the date of the lay off.’.

    (10) Effective as if included in the Immigration Nursing Relief Act of 1989, as amended by section 162(f)(1)(B) of the Immigration Act of 1990, section 2(b) of the Immigration Nursing Relief Act of 1989 is amended by inserting after ‘registered nurse,’ the following: ‘who, as of September 1, 1989, is present in the United States and had been admitted to the United States in the status of nonimmigrant under section 101(a)(15)(H)(i) of such Act to perform services as a registered nurse but has failed to maintain that status due to the expiration of the time limitation with respect to such status,’.

SEC. 303. CORRECTIONS RELATING TO TITLE II OF THE IMMIGRATION ACT OF 1990.

    (a)(1) Section 217 of the INA, as amended by section 201(a) of the Immigration Act of 1990, is amended--

      (A) in subsection (a)(4), by striking ‘BY SEA OR AIR’ and inserting ‘INTO THE UNITED STATES’, and

      (B) in the heading of subsection (b), by striking ‘RIGHTS’ and inserting ‘RIGHTS’.

    (2) Section 217(e)(1) of the INA, as redesignated by section 201(a)(7) of the Immigration Act of 1990, is amended by striking ‘(a)(4)(C)’ and inserting ‘(a)(4)’.

    (3) The second sentence of section 251(d) of the INA, as inserted by section 203(b)(2) of the Immigration Act of 1990, is amended by striking ‘charterer’ and inserting ‘consignee’.

    (4) Section 258(c)(2)(B) of the INA, as inserted by section 203(a)(1) of the Immigration Act of 1990, is amended by striking ‘each such list’ and inserting ‘each list’.

    (5)(A) Section 101(a)(15)(H)(i)(b) of the INA, as amended by section 205(c)(1) of the Immigration Act of 1990, is amended by inserting ‘subject to section 212(j)(2),’ after ‘(b)’.

    (B) Section 212(j) of the INA is amended by striking paragraph (2) and inserting the following:

    ‘(2) An alien who is a graduate of a medical school and who is coming to the United States to perform services as a member of the medical profession may not be admitted as a nonimmigrant under section 101(a)(15)(H)(i)(b) unless--

      ‘(A) the alien 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

      ‘(B)(i) the alien has passed the Federation licensing examination (administered by the Federation of State Medical Boards of the United States) or an equivalent examination as determined by the Secretary of Health and Human Services, and

      ‘(ii)(I) has competency in oral and written English or (II) is a graduate of a school of medicine which is accredited by a body or bodies approved for the purpose by the Secretary of Education (regardless of whether such school of medicine is in the United States).’.

    (6) Section 212(n)(1)(A)(ii) of the INA, as added by section 205(c)(3) of the Immigration Act of 1990, is amended by striking ‘for such aliens’ and inserting ‘for such a nonimmigrant’.

    (7)(A) Section 101(a)(15)(H)(i) of the INA, as amended by section 205(c)(1) of the Immigration Act of 1990, is amended by striking ‘, and had approved by,’.

    (B) Section 212(n) of the INA, as added by section 205(c)(3) of the Immigration Act of 1990, is amended--

      (i) in paragraph (1)(A)--

        (I) by striking ‘and to other individuals employed in the occupational classification and in the area of employment’ and inserting ‘admitted or provided status as a nonimmigrant described in section 101(a)(15)(H)(i)(b)’,

        (II) by amending subclause (I) to read as follows:

          ‘(I) the actual wage level paid by the employer to all other individuals with similar experience and qualifications for the specific employment in question, or’,

        (III) after subclause (II), by striking ‘determined’ and inserting ‘based on the best information available’;

      (ii) in paragraph (1)(D), by striking ‘(and accompanying documentation)’ and inserting ‘(and such accompanying documents as are necessary)’;

      (iii) in paragraph (1), by moving the matter after the first sentence of subparagraph (D) flush with the left margin and by adding at the end the following:

    ‘The Secretary of Labor shall review such an application only for completeness and obvious inaccuracies. Unless the Secretary finds that the application is incomplete or obviously inaccurate, the Secretary shall provide the certification described in section 101(a)(15)(H)(i)(b) within 7 days of the date of the filing of the application.’;

      (iv) in paragraph (2)(C), by striking ‘(or a substantial failure’ and all that follows through ‘misrepresentation’ and inserting ‘of paragraph (1)(B), a substantial failure to meet a condition of paragraphs (1)(C) or (1)(D), a willful failure to meet a condition of paragraph (1)(A), or a misrepresentation’;

      (v) in paragraph (2)(D), by striking ‘In addition to the sanctions provided under subparagraph (C), if’ and inserting ‘If’; and

      (vi) in paragraph (2)(D), by inserting before the period at the end the following: ‘, whether or not a penalty under subparagraph (C) has been imposed’.

    (8) The Secretary of Labor shall issue final or interim final regulations to implement the changes made by this section to section 101(a)(15)(H)(i)(b) and section 212(n) of the Immigration and Nationality Act no later than January 2, 1992.

    (9) Section 206(a) of the Immigration Act of 1990 is amended by inserting ‘and section 124(a)(3)(A) of this Act’ after ‘Immigration and Nationality Act’.

    (10) Section 214(c)(2) of the INA, as added by section 206(b)(2) of the Immigration Act of 1990, is amended--

      (A) in subparagraph (A), by striking ‘individuals petitions’ and inserting ‘individual petitions’, and

      (B) in subparagraph (D)(ii), by striking ‘involved’ and inserting ‘involves’.

    (11) Section 214(a)(2)(A) of the INA, as added by section 207(b)(1) of the Immigration Act of 1990, is amended by striking ‘under section 101(a)(15)(O)’ and inserting ‘described in section 101(a)(15)(O)’.

    (12) Section 214(c)(5) of the INA, as added by section 207(b)(2)(B) of the Immigration Act of 1990, is amended by striking ‘101(H)(ii)(b)’ and inserting ‘101(a)(15)(H)(ii)(b)’.

    (13) Section 207(c) of the Immigration Act of 1990 is amended by inserting ‘of the Immigration and Nationality Act’ after ‘101(a)(15)(H)(ii)(a)’ each place it appears.

    (14) Section 101(a)(15)(Q) of the INA, as added by section 208(3) of the Immigration Act of 1990, is amended by striking ‘designated’ and inserting ‘approved’.

    (b)(1) Section 221(a) of the Immigration Act of 1990 is amended--

      (A) in the matter before paragraph (1), by striking ‘in a position unrelated to the alien’s field of study and’, and

      (B) in paragraph (1), by inserting ‘academic’ before ‘year’.

    (2) Section 221(b) of the Immigration Act of 1990 is amended--

      (A) by inserting ‘and the Secretary of Labor’ after ‘the Commissioner of the Immigration and Naturalization’, and

      (B) by inserting ‘a report’ after ‘to the Congress’.

    (3) Section 222(a) of the Immigration Act of 1990 is amended by striking ‘Subject to the succeeding provisions of this section’ and inserting ‘Subject to subsection (b)’.

    (4) Section 223(a) of the Immigration Act of 1990 is amended--

      (A) by striking the period at the end of paragraph (2) and inserting a comma, and

      (B) by adding at the end the following:

    ‘or who is the spouse or minor child of such an alien if accompanying or following to join the alien.’.

SEC. 304. CORRECTIONS RELATING TO TITLE III OF THE IMMIGRATION ACT OF 1990.

    (a) Section 302(c) of the Immigration Act of 1990 is amended by striking ‘AFFECT’, ‘supercede’, and ‘affect’ and inserting ‘EFFECT’, ‘supersede’, and ‘effect’, respectively.

    (b) Section 244A of the INA, as inserted by section 302(a) of the Immigration Act of 1990, is amended--

      (1) in subsection (a)(1), by inserting after ‘designated under subsection (b)’ the following: ‘(or in the case of an alien having no nationality, is a person who last habitually resided in such designated state)’,

      (2) in paragraph (1)(B), by adding at the end the following: ‘In the case of aliens registered pursuant to a designation under this section made after July 17, 1991, the Attorney General may impose a separate, additional fee for providing an alien with documentation of work authorization. Notwithstanding section 3302 of title 31, United States Code, all fees collected under this subparagraph shall be credited to the appropriation to be used in carrying out this section.’, and

      (3) in subsection (c)(1)(A), by inserting after ‘designated under subsection (b)(1)’ the following: ‘(or in the case of an alien having no nationality, is a person who last habitually resided in such designated state)’.

    (c)(1) In the case of an alien described in paragraph (2) whom the Attorney General authorizes to travel abroad temporarily and who returns to the United States in accordance with such authorization--

      (A) the alien shall be inspected and admitted in the same immigration status the alien had at the time of departure if--

        (i) in the case of an alien described in paragraph (2)(A), the alien is found not to be excludable on a ground of exclusion referred to in section 301(a)(1) of the Immigration Act of 1990, or

        (ii) in the case of an alien described in paragraph (2)(B), the alien is found not to be excludable on a ground of exclusion referred to in section 244A(c)(2)(A)(iii) of the Immigration and Nationality Act; and

      (B) the alien shall not be considered, by reason of such authorized departure, to have failed to maintain continuous physical presence in the United States for purposes of section 244(a) of the Immigration and Nationality Act if the absence meets the requirements of section 244(b)(2) of such Act.

    (2) Aliens described in this paragraph are the following:

      (A) Aliens provided benefits under section 301 of the Immigration Act of 1990 (relating to family unity).

      (B) Aliens provided temporary protected status under section 244A of the Immigration and Nationality Act, including aliens provided such status under section 303 of the Immigration Act of 1990.

SEC. 305. CORRECTIONS RELATING TO TITLE IV OF THE IMMIGRATION ACT OF 1990.

    (a) Section 310(b) of the INA, as amended by section 401(a) of the Immigration Act of 1990, is amended by striking ‘District Court’ and inserting ‘district court’.

    (b) Section 407(c)(11) of the Immigration Act of 1990 is amended by striking ‘, other than subsection (d)’.

    (c) Section 407(d)(8) of the Immigration Act of 1990 is amended by striking ‘Section 328(c) (8 U.S.C. 1439(c)) is amended’ and inserting ‘Subsections (b)(3) and (c) of section 328 (8 U.S.C. 1439) are amended’.

    (d) Subsection (g) of section 334 of the INA, as redesignated by section 407(d)(12)(E) of the Immigration Act of 1990, is redesignated as subsection (f).

    (e) Section 407(d)(12)(B) of the Immigration Act of 1990 is amended by adding ‘and’ at the end of clause (i).

    (f) Section 335(b) of the INA, as amended by section 407(d)(13)(C)(iii) of the Immigration Act of 1990, is amended by striking ‘District Court’ and inserting ‘district court’.

    (g) Section 407(d)(14)(D)(i) of the Immigration Act of 1990 is amended by striking ‘clerk of the court’ and inserting ‘clerk of court’.

    (h) Section 407(d)(14)(E)(ii) of the Immigration Act of 1990 is amended by striking ‘persons’ and inserting ‘person’.

    (i) Section 337(c) of the INA is amended by striking ‘before’.

    (j)(1) Section 407(d)(16)(C) of the Immigration Act of 1990 is amended by striking the comma after ‘venue’.

    (2) Section 338 of the INA, as amended by section 407(d)(16)(C) of the Immigration Act of 1990, is amended by striking ‘District’ and inserting ‘district’.

    (k) Section 340 of the INA, as amended by section 407(d)(18) of the Immigration Act of 1990, is amended--

      (1) in the first sentence of subsection (a), by striking ‘District Court’ and inserting ‘district court’, and

      (2) in the second sentence of subsection (g), by striking ‘clerk of the court’ and inserting ‘clerk of court’.

    (l) Section 407(d)(19)(A)(i) of the Immigration Act of 1990 is amended by striking ‘clerk of the court’ and inserting ‘clerk of court’.

    (m) Effective as if included in section 407(d) of the Immigration Act of 1990:

      (1) Paragraph (24) of section 101(a) of the INA is repealed.

      (2) Section 312 of the INA is amended by striking ‘petition’ and inserting ‘application’ each place it appears.

      (3) The heading of section 322 of the INA is amended by striking ‘PETITION’ and inserting ‘APPLICATION’.

      (4) The item in the table of contents of the INA relating to section 322 is amended by striking ‘petition’ and inserting ‘application’.

      (5) Section 330 of the INA is amended by striking ‘of this subsection’ and inserting ‘of this section’.

      (6) Section 332(a) of the INA is amended by striking ‘petitioners’ and inserting ‘applicants’.

      (7) Section 334(a) of the INA is amended by striking ‘, in duplicate,’.

      (8) Section 341(a) of the INA is amended by striking ‘a petitioner’ and inserting ‘an applicant’.

    (n) Section 408(a)(2)(B) of the Immigration Act of 1990 is amended by striking ‘on the date of the enactment of this Act’ and inserting ‘on January 1, 1992’.

SEC. 306. CORRECTIONS RELATING TO TITLE V OF THE IMMIGRATION ACT OF 1990.

    (a)(1) Section 101(a)(43) of the INA, as amended by section 501(a)(4) of the Immigration Act of 1990, is amended by striking ‘,.’ and inserting a period.

    (2) Section 502(a) of the Immigration Act of 1990 is amended by striking ‘(8 U.S.C. 1152a(a)(1))’ and inserting ‘(8 U.S.C. 1105a(a)(1))’.

    (3) Section 287(a)(4) of the INA, as amended by section 503(a)(2) of the Immigration Act of 1990, is amended by striking ‘, and’ at the end and inserting ‘; and’.

    (4) Subparagraph (B) of section 242(a)(2) of the INA, as added by section 504(a)(5) of the Immigration Act of 1990, is amended to read as follows:

    ‘(B) The Attorney General may not release from custody any lawfully admitted alien who has been convicted of an aggravated felony, either before or after a determination of deportability, unless the alien demonstrates to the satisfaction of the Attorney General that such alien is not a threat to the community and that the alien is likely to appear before any scheduled hearings.’.

    (5) Section 236(e)(1) of the INA, as amended by section 504(b) of the Immigration Act of 1990, is amended by striking ‘upon completion of the alien’s sentence for such conviction’ and inserting ‘upon release of the alien (regardless of whether or not such release is on parole, supervised release, or probation, and regardless of the possibility of rearrest or further confinement in respect of the same offense)’.

    (6) Section 503(a)(11) of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 507 of the Immigration Act of 1990, is amended--

      (A) by striking ‘the certified records’ and inserting ‘notice’, and

      (B) by inserting before the period at the end the following: ‘and under which the State will provide the Service with the certified record of such a conviction within 30 days of the date of a request by the Service for such record’.

    (7) Section 509(b) of the Immigration Act of 1990 is amended by inserting before the period at the end the following: ‘, except with respect to conviction for murder which shall be considered a bar to good moral character regardless of the date of the conviction’.

    (8) The last sentence of section 510(b) of the Immigration Act of 1990 is amended by striking ‘for’.

    (9) The last sentence of section 510(c) of the Immigration Act of 1990 is amended by striking ‘been been’ and inserting ‘been’.

    (10) The last sentence of section 212(c) of the INA, as added by section 511(a) of the Immigration Act of 1990, is amended by striking ‘an aggravated felony and has served’ and inserting ‘one or more aggravated felonies and has served for such felony or felonies’.

    (11) Section 513(b) of the Immigration Act of 1990 is amended--

      (A) by striking ‘petitions to review’ and inserting ‘petitions for review’, and

      (B) by inserting before the period at the end the following: ‘and shall apply to convictions entered before, on, or after such date’.

    (12) Section 514(a) of the Immigration Act of 1990 is amended by striking ‘10 years’ and inserting ‘ten years’.

    (13) Paragraphs (1) and (2) of section 515(b) of the Immigration Act of 1990 are amended to read as follows:

      ‘(1) The amendment made by subsection (a)(1) shall apply to convictions entered before, on, or after the date of the enactment of this Act and to applications for asylum made on or after such date.

      ‘(2) The amendment made by subsection (a)(2) shall apply to convictions entered before, on, or after the date of the enactment of this Act and to applications for withholding of deportation made on or after such date.’.

    (b)(1) Section 274B(g)(2)(B)(iv)(II) of the INA, as amended by section 536(a) of the Immigration Act of 1990, is amended by striking ‘subclause (IV)’ and inserting ‘subclauses (III) and (IV)’.

    (2) Section 274A(b)(3) of the INA, as amended by section 538(a) of the Immigration Act of 1990, is amended by striking the comma after ‘officers of the Service’.

    (3) Section 274B(g)(2)(B) of the INA, as amended by section 539(a) of the Immigration Act of 1990, is amended--

      (A) in clause (iv)(IV), by striking the period at the end and inserting a semicolon,

      (B) in clauses (v) and (vi), by striking the comma at the end and inserting a semicolon,

      (C) in clause (vii), by striking ‘, and’ and inserting ‘; and’,

      (D) in clause (vii), by striking ‘to order (in an appropriate case) the removal of’ and inserting ‘to remove (in an appropriate case)’, and

      (E) in clause (viii), by striking ‘to order (in an appropriate case) the lifting of’ and inserting ‘to lift (in an appropriate case)’.

    (c)(1) Section 274B(g)(2)(D) of the INA is amended by striking ‘physicially’ and inserting ‘physically’.

    (2) Section 543(a)(3) of the Immigration Act of 1990 is amended by inserting ‘each place it appears’ before ‘and inserting’.

    (3) Sections 252(c) and 275(a) of the INA, as amended by section 543(b) of the Immigration Act of 1990, are each amended by striking ‘fined not more than’ and all that follows through ‘United States Code)’ and inserting ‘fined under title 18, United States Code,’.

    (4)(A) The second sentence of section 231(d) of the INA is amended by striking ‘collector of customs’ and inserting ‘Commissioner’.

    (B) The third sentence of section 237(b) of the INA is amended by striking ‘district director of customs’ and inserting ‘Commissioner’.

    (C) The second sentence of section 254(a) of the INA is amended by striking ‘collector of customs’ and inserting ‘Commissioner’.

    (D) The second sentence of section 273(b) of the INA is amended by striking ‘collector of customs’ and inserting ‘Commissioner’.

    (5)(A) Section 274C(a) of the INA, as added by section 544(a) of the Immigration Act of 1990, is amended--

      (i) in paragraph (2), by inserting ‘or to provide’ after ‘or receive’,

      (ii) in paragraph (3), by inserting ‘or to provide or attempt to provide’ after ‘attempt to use’, and

      (iii) in paragraph (4), by inserting ‘or to provide’ after ‘receive’.

    (B) Section 544 of the Immigration Act of 1990 is amended by striking ‘(c) EFFECTIVE’ and inserting ‘(d) EFFECTIVE’.

    (6) Section 242B of the INA, as inserted by section 545(a) of the Immigration Act of 1990, is amended--

      (A) in subsection (a)(1)(E), by striking ‘, upon request,’;

      (B) in subsection (a)(2)(A)(ii), by inserting ‘, except under exceptional circumstances,’ after ‘failure’;

      (C) in subsection (a)(2), by adding at the end the following:

      ‘In the case of an alien not in detention, a written notice shall not be required under this paragraph if the alien has failed to provide the address required under subsection (a)(1)(F).’;

      (D) in subsection (b)(1), by inserting before the period at the end the following: ‘, unless the alien requests in writing an earlier hearing date’;

      (E) in subsection (b)(2)--

        (i) by inserting ‘pro bono’ after ‘to represent’, and

        (ii) by adding at the end the following: ‘Such lists shall be provided under subsection (a)(1)(E) and otherwise made generally available.’;

      (F) in subsection (c)--

        (i) in paragraph (1), by striking ‘except as provided in paragraph (2),’ each place it appears,

        (ii) in paragraph (1), by adding at the end the following: ‘The written notice by the Attorney General shall be considered sufficient for purposes of this paragraph if provided at the most recent address provided under subsection (a)(1)(F).’, and

        (iii) by striking the second sentence of paragraph (2);

      (G) in subsection (c)(4), by inserting ‘(or 30 days in the case of an alien convicted of an aggravated felony)’ after ‘60 days’;

      (H) in subsection (d), by striking ‘the Board’ and inserting ‘the Attorney General’;

      (I) in subsection (e)(4)(B), by inserting ‘a’ after ‘with respect to’; and

      (J) in subsection (e)(5), by striking subparagraph (A) and redesignating subparagraphs (B) through (D) as subparagraphs (A) through (C), respectively.

    (7) The 8th sentence of section 242(b) of the INA, as amended by section 545(e) of the Immigration Act of 1990, is amended to read as follows: ‘Such regulations shall include requirements that are consistent with section 242B and that provide that--

      ‘(1) the alien shall be given notice, reasonable under all the circumstances, of the nature of the charges against him and of the time and place at which the proceedings will be held,

      ‘(2) the alien shall have the privilege of being represented (at no expense to the Government) by such counsel, authorized to practice in such proceedings, as he shall choose,

      ‘(3) the alien shall have a reasonable opportunity to examine the evidence against him, to present evidence on his own behalf, and to cross-examine witnesses presented by the Government, and

      ‘(4) no decision of deportability shall be valid unless it is based upon reasonable, substantial, and probative evidence.’.

SEC. 307. CORRECTIONS RELATING TO TITLE VI OF THE IMMIGRATION ACT OF 1990.

    (a) Section 212(a) of the INA, as amended by section 601(a) of the Immigration Act of 1990, is amended--

      (1) in paragraph (1)(A), by adding ‘or’ at the end of clause (ii);

      (2) in paragraph (3)(A)(i), by inserting ‘(I)’ after ‘any activity’ and by inserting ‘(II)’ after ‘sabotage or’;

      (3) in paragraph (3)(B)(iii)(III), by striking ‘an act of terrorist activity’ and inserting ‘a terrorist activity’;

      (4) in paragraph (3)(D)(iv), by striking ‘if the alien’ and inserting ‘if the immigrant’;

      (5) in paragraph (3)(C)(iv), by striking ‘identities’ and inserting ‘identity’;

      (6) in paragraph (5)(C), by striking ‘preference immigrants’ and all that follows through the end and inserting the following: ‘immigrants seeking admission or adjustment of status under paragraph (2) or (3) of section 203(b).’;

      (7) in paragraph (6)(B)--

        (A) by striking ‘who seeks’ and inserting ‘(a) who seeks’,

        (B) by striking ‘(or’ and inserting ‘, or (b) who seeks admission’, and

        (C) by striking ‘felony)’ and inserting ‘felony,’;

      (8) in paragraph (6)(E)--

        (A) by redesignating clause (ii) as clause (iii), and

        (B) by inserting after clause (i) the following new clause:

          ‘(ii) SPECIAL RULE IN THE CASE OF FAMILY REUNIFICATION- Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.’;

      (9) in paragraph (8)(B), by striking ‘alien’ the first place it appears and inserting ‘person’; and

      (10) in paragraph (9)(C)--

        (A) in clause (i), by striking everything that follows ‘entry of’ and inserting ‘an order by a court in the United States granting custody to a person of a United States citizen child who detains or retains the child, or withholds custody of the child, outside the United States from the person granted custody by that order, is excludable until the child is surrendered to the person granted custody by that order.’, and

        (B) in clause (ii), by striking ‘to an alien who’ and all that follows through ‘signatory’ and inserting ‘so long as the child is located in a foreign state that is a party’.

    (b) Section 212(c) of the INA, as amended by section 601(d)(1) of the Immigration Act of 1990, is amended by striking ‘subparagraphs (A), (B), (C), or (E) of paragraph (3)’ and inserting ‘paragraphs (3) and (9)(C)’.

    (c) Section 212(d)(3) of the INA, as amended by section 601(d)(2)(B)(i) of the Immigration Act of 1990, is amended--

      (1) by striking ‘(3)(A),’ and inserting ‘(3)(A)(i)(I), (3)(A)(ii), (3)(A)(iii),’ each place it appears, and

      (2) by striking ‘(3)(D)’ and inserting ‘(3)(E)’ each place it appears.

    (d) Section 212(d)(11) of the INA, as added by section 601(d)(2)(F) of the Immigration Act of 1990, is amended by inserting ‘and in the case of an alien seeking admission or adjustment of status as an immediate relative or immigrant under section 203(a) (other than paragraph (4) thereof)’ after ‘section 211(b)’.

    (e) Section 212(g)(1) of the INA, as amended by section 601(d)(3) of the Immigration Act of 1990, is amended by striking ‘section (a)(1)(A)(i)’ and inserting ‘subsection (a)(1)(A)(i)’.

    (f) Section 212(h) of the INA, as amended by section 601(d)(4) of the Immigration Act of 1990, is amended--

      (1) in the matter before paragraph (1), by striking ‘in the case of ’ and all that follows through ‘permanent residence’; and

      (2) in paragraph (1)--

        (A) in the matter before subparagraph (A), by inserting ‘(A) in the case of any immigrant’ after ‘(1)’,

        (B) by striking ‘and’ at the end of subparagraph (A),

        (C) by striking ‘and’ at the end of subparagraph (C) and inserting ‘or’,

        (D) by redesignating subparagraphs (A) through (C) as clauses (i) through (iii), respectively, and

        (E) by adding at the end the following:

      ‘(B) in the case of an immigrant who is the spouse, parent, son, or daughter of a citizen of the United States or an alien lawfully admitted for permanent residence if it is established to the satisfaction of the Attorney General that the alien’s exclusion would result in extreme hardship to the United States citizen or lawfully resident spouse, parent, son, or daughter of such alien; and’.

    (g) Section 212(i) of the INA, as amended by section 601(d)(5) of the Immigration Act of 1990, is amended by striking ‘alien’ and ‘alien’s’ each place it appears and inserting ‘immigrant’ and ‘immigrant’s’, respectively.

    (h) Section 241(a) of the INA, as amended by section 602(a) of the Immigration Act of 1990, is amended--

      (1) by striking ‘deportable as being’, and by inserting ‘deportable’ after ‘the following classes of’;

      (2) in paragraph (1)(D)(i), by inserting ‘respective’ after ‘terminated under such’;

      (3) in paragraph (1)(E)(i), by inserting ‘any’ before ‘entry’ the second and third places it appears;

      (4) in paragraph (1)(E), by redesignating clause (ii) as clause (iii) and by inserting after clause (i) the following new clause:

          ‘(ii) SPECIAL RULE IN THE CASE OF FAMILY REUNIFICATION- Clause (i) shall not apply in the case of alien who is an eligible immigrant (as defined in section 301(b)(1) of the Immigration Act of 1990), was physically present in the United States on May 5, 1988, and is seeking admission as an immediate relative or under section 203(a)(2) (including under section 112 of the Immigration Act of 1990) or benefits under section 301(a) of the Immigration Act of 1990 if the alien, before May 5, 1988, has encouraged, induced, assisted, abetted, or aided only the alien’s spouse, parent, son, or daughter (and no other individual) to enter the United States in violation of law.’;

      (5) in paragraph (1)(G), by striking ‘212(a)(5)(C)(i)’ and inserting ‘212(a)(6)(C)(i)’;

      (6) in paragraph (1)(H), by striking ‘paragraph (6) or (7)’ and inserting ‘paragraph (4)(D)’;

      (7) in paragraph (2)(D), by inserting ‘or attempt’ after ‘conspiracy’;

      (8) in paragraph (3), by adding at the end the following:

        ‘(C) DOCUMENT FRAUD- Any alien who is the subject of a final order for violation of section 274C is deportable.’;

      (9) in subparagraphs (A) and (B) of paragraph (4), by striking ‘after entry has engaged’ and inserting ‘after entry engages’; and

      (10) in paragraph (4)(C)(ii), by striking ‘excluability’ and inserting ‘excludability’.

    (i) Section 102 of the INA, as amended by section 603(a)(2) of the Immigration Act of 1990, is amended by striking ‘paragraph (3) (other than subparagraph (E)) of section 212(a)’ each place it appears and inserting ‘subparagraphs (A) through (C) of section 212(a)(3)’.

    (j) Effective as if included in section 603(a)(5) of the Immigration Act of 1990, section 210(b)(7)(B) of the INA is amended by striking ‘212(a)(19)’ and inserting ‘212(a)(6)(C)(i)’.

    (k) Effective as if included in section 602(b) of the Immigration Act of 1990, section 241 of the INA is amended--

      (1) by striking subsection (d), and

      (2) in the subsection (h) (added by section 153(b) of the Immigration Act of 1990) by striking ‘exist’ and inserting ‘existed’ and by redesignating the subsection as subsection (c).

    (l) Effective as if included in section 603(a) of the Immigration Act of 1990:

      (1) Sections 207(c)(3) and 209(c) of the INA, as amended by section 603(a)(4)(B) of the Immigration Act of 1990, are each amended by striking ‘subparagraphs (A)’ and inserting ‘subparagraph (A)’.

      (2) Section 210A(e)(2)(B) of the INA is amended by striking clauses (iii) and (iv) and inserting the following:

          ‘(iii) Paragraph (3) (relating to security and related grounds).’.

      (3) Section 217(a) of the INA is amended by striking ‘(26)(B)’ and inserting ‘(7)(B)(i)(II)’.

      (4) Section 218(g)(3) of the INA is amended by striking ‘212(a)(14)’ and inserting ‘212(a)(5)(A)(i)’.

      (5) Section 244A(c) of the INA, as inserted by section 302(a) of the Immigration Act of 1990, is amended--

        (A) in paragraph (2)(A)(iii)(I), by striking ‘paragraphs (9) and (10)’ and inserting ‘paragraphs (2)(A) and (2)(B)’; and

        (B) by amending subclause (III) of paragraph (2)(A)(iii) to read as follows:

            ‘(III) Paragraphs (3)(A), (3)(B), (3)(C), or (3)(E) of such section (relating to national security and participation in the Nazi persecutions or those who have engaged in genocide).’.

      (6) Section 245A(d)(2)(B)(ii) of the INA is amended--

        (A) by striking subclause (IV),

        (B) by redesignating subclause (II) as subclause (IV) and by transferring and inserting it after clause (III),

        (C) by redesignating subclause (III) as subclause (II),

        (D) by inserting after subclause (II) (as so redesignated) the following new subclause:

            ‘(III) Paragraph (3) (relating to security and related grounds).’, and

        (E) by striking ‘Subclause (II)’ and inserting ‘Subclause (IV)’.

      (7) Section 272(a) of the INA is amended by striking the comma before ‘shall pay’.

      (8) Section 584(a)(2) of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1988, as amended by section 603(a)(20)(B) of the Immigration Act of 1990, is amended by striking ‘(D)’ and inserting ‘(E)’.

      (9) Section 599E of the Foreign Operations, Export Financing, and Related Programs Appropriations Act, 1990 (Public Law 101-167) is amended by striking ‘(23)(B), (27), (29), or (33)’ and inserting ‘(2)(C) and subparagraphs (A), (B), (C), or (E) of paragraph (3)’.

      (10) Section 2(a)(3) of the Immigration Nursing Relief Act of 1989 is amended by striking ‘212(a)(14)’ and inserting ‘212(a)(5)(A)’.

    (m) Effective as if included in section 603(b) of the Immigration Act of 1990--

      (1) paragraph (4)(B) of such section is amended by striking ‘in paragraph (2)’, and

      (2) section 242(e) of the INA is amended by striking ‘paragraphs (4), (5), (6), (7), (11), (12), (14), (15), (16), (17), (18), or (19)’ and inserting ‘paragraph (2), (3), or (4)’.

SEC. 308. CORRECTIONS RELATING TO TITLE VII OF THE IMMIGRATION ACT OF 1990.

    (a) Effective October 1, 1991, section 245(e)(3) of the INA, as added by section 702(a)(2) of Immigration Act of 1990, is amended by striking ‘204(h)’ and inserting ‘204(g)’.

    (b) Section 702(b) of the Immigration Act of 1990 is amended by striking ‘204(h) (8 U.S.C. 1154(h))’ and inserting ‘204(g) (8 U.S.C. 1154(g)), as redesignated by section 162(b)(6) of this Act,’.

    (c) Section 304(f) of the Immigration Reform and Control Act of 1986, as amended by section 704(b) of the Immigration Act of 1990, is amended--

      (1) by striking ‘appointment in the and’ and inserting ‘appointment and’, and

      (2) by striking ‘civil’ the first place it appears and inserting ‘competitive’.

    (d) Section 404(b)(2)(A) of the INA, as added by section 705(a)(5) of the Immigration Act of 1990, is amended by adding at the end the following new sentence: ‘In applying clause (i), the providing of parole at a point of entry in a district shall be deemed to constitute an application for asylum in the district.’.

SEC. 309. ADDITIONAL MISCELLANEOUS CORRECTIONS.

    (a)(1)(A) Section 209 of the Department of Justice Appropriations Act, 1989 (title II of Public Law 100-459, 102 Stat. 2203) is amended--

      (i) in subsection (a)--

        (I) by striking ‘Title 8, United States Code, section 1356 is amended by adding’ and inserting ‘Section 286 of the Immigration and Nationality Act (8 U.S.C. 1356) is amended by adding at the end’, and

        (II) in the subsection (o) added by such subsection, by striking ‘will’ and inserting ‘shall’; and

      (ii) by amending subsection (b) to read as follows:

    ‘(b) Section 344(g) of the Immigration and Nationality Act (8 U.S.C. 1455(g)) is amended by inserting after ‘Treasury of the United States’ the following: ‘except that all such fees collected or paid over on or after October 1, 1988, shall be deposited in the Immigration Examinations Fee Account established under section 286(m)’.’.

    (B) The fourth proviso under Immigration and Naturalization Service in the Department of Justice Appropriations Act, 1990 (title II of Public Law 101-162, 103 Stat. 1000) is amended to read as follows: ‘: Provided further, That section 286(n) of the Immigration and Nationality Act (8 U.S.C. 1356(n)) is amended by striking ‘in excess of $50,000,000’ and by striking the second sentence’.

    (2)(A) Section 286 of the INA, as amended by section 210 of the Department of Justice Appropriations Act, 1991, is amended--

      (i) in subsection (h)(1)(A), by inserting a period after ‘available until expended’,

      (ii) in subsection (m), by striking ‘additonal’ and inserting ‘additional’,

      (iii) by moving the left margins of subsection (q)(2) and the matter in subsection (q)(3)(A) (before clause (i)) 2 ems to the left,

      (iv) in subsection (q)(3)(A), by inserting ‘the’ after ‘The Secretary of’, and

      (v) in subsection (q)(5)(B), by striking ‘subsection (q)(1)’ and inserting ‘paragraph (1)’.

    (B) Section 210(a)(2) of the Department of Justice Appropriations Act, 1991, is amended by striking ‘in which fees’ and inserting ‘in which the fees’.

    (3) The amendments made by paragraph (1) and (2) shall be effective as if they were included in the enactment of the Department of Justice Appropriations Act, 1989 and the Department of Justice Appropriations Act, 1990, respectively.

    (b)(1) Section 101(a)(15)(D)(i) of the INA is amended by inserting a comma after ‘States)’.

    (2) The item in the table of contents of the INA relating to sec- tion 242A is amended by striking ‘Procedures’ and inserting ‘procedures’.

    (3) The item in the table of contents of the INA relating to section 345 is repealed.

    (4) Section 101(c)(1) of the INA is amended by striking ‘322, and 323’ and inserting ‘and 322’.

    (5) Section 204(f)(4)(A)(ii)(II) of the INA, as redesignated by section 162(d)(6) of the Immigration Act of 1990, is amended by striking ‘section 652 of such Act’ and inserting ‘the second and third sentences of such section’.

    (6) Paragraph (3) of section 210(d) of the INA is amended--

      (A) by indenting the paragraph (and its subparagraphs) 2 ems to the right;

      (B) by striking ‘the Immigration and Naturalization Service (INS) pursuant to section 210(d) of the Immigration and Nationality Act (INA)’ and inserting ‘Service pursuant to this subsection’;

      (C) in the matter before subparagraph (A), by striking ‘INS’ each place it appears and inserting ‘Service’;

      (D) in subparagraph (A), by striking ‘as defined in section 210(a)(1)(A) of the INA the INS’ and inserting ‘described in subsection (a)(1)(A) the Service’;

      (E) in subparagraph (A), by striking ‘in the INA’ and inserting ‘in this Act’;

      (F) in subparagraph (B), by striking ‘as defined in section 210(a)(1)(B)(1)(B) of the INA’ and inserting ‘described in subsection (a)(1)(A)’; and

      (G) in subparagraph (B), by striking ‘section 210(b)(1)(A)’ and inserting ‘subsection (b)(1)(A)’.

    (7) Section 212(j) of the INA is amended by striking ‘International Communication Agency’ in paragraphs (1)(D) and (3) and inserting ‘United States Information Agency’.

    (8) Section 218(i)(1) of the INA is amended by striking ‘274A(g)’ and inserting ‘274A(h)(3)’.

    (9) Section 242(h) of the INA is amended by inserting a comma after ‘Parole’.

    (10) Section 242A(a) of the INA is amended by striking ‘101(a)(43)’ and inserting ‘101(a)(43))’.

    (11) Section 274A(b)(1)(D)(ii) of the INA is amended by striking ‘clause (ii)’ and inserting ‘clause (i)’.

    (12) Section 286(e)(1)(D) of the INA is amended by striking ‘of this title’.

    (13) Section 313(a)(2) of the INA is amended by inserting ‘and’ before ‘(F)’ and by striking ‘; (G)’ and all that follows through ‘of 1950’ the second place it appears.

    (14) Section 344(c) of the INA, as redesignated by section 407(d)(19)(F) of the Immigration Act of 1990, is amended by striking ‘of this subchapter’ and inserting ‘of this title’.

    (15) The amendments made by section 8 of the Immigration Technical Corrections Act of 1988 shall be effective as if included in the enactment of the Immigration and Nationality Act Amendments of 1986 (Public Law 99-653).

SEC. 310. EFFECTIVE DATES.

    Except as otherwise specifically provided, the amendments made by (and provisions of)--

      (1) sections 302 through 308 shall take effect as if included in the enactment of the Immigration Act of 1990,

      (2) section 309(a) shall be effective with respect to allotments for fiscal years beginning with fiscal year 1989, and

      (3) section 309(c) shall take effect on the date of the enactment of this Act.

Speaker of the House of Representatives.

Vice President of the United States and

President of the Senate.